A Guide for Retail Tobacco and Vapor Product Dealers and New York State's Youth Access Tobacco Control Law (Public Health Law Article 13-F)
A Guide for Tobacco and Vapor Product Merchants
If you violate these laws, you risk:
- fines (described below)
- a surcharge of $250 for each violation
- loss of your certificate of registration to sell tobacco products and herbal cigarettes
- loss of your certificate of registration to sell vapor products
- suspension of your lottery license
This guide is for informational purposes only. View a full copy of the law for more information.
Why the Law was Enacted
This law was enacted to help stop the sale of tobacco products, herbal cigarettes, electronic cigarettes, liquid nicotine, and smoking paraphernalia, including rolling papers, to anyone under 21 years of age.How to Comply with the Law
- Do not sell tobacco products or herbal cigarettes unless you possess a valid Certificate of Registration to sell cigarettes or tobacco from the State Department of Taxation and Finance.
- Do not sell vapor products unless you possess a valid Certificate of Registration to sell vapor products from the State Department of Taxation and Finance.
- Only sell the age restricted products listed above to people who are 21 years old or older. If you are not sure of the person's age and they appear to be under 25 years old, you must request and review proof of age. This can be a valid driver's license or non-driver's ID issued by a state or other accepted government agency, a valid passport, or an ID issued by the armed forces of the United States, that indicates that the person is 21 or older. ID cards issued by colleges are not acceptable.
- Do not sell vapor products intended or reasonably expected to be used with or for the consumption of nicotine with a characterizing flavor, with the exception of tobacco flavor, imparted either prior to or during consumption.
- Keep all tobacco products, herbal cigarettes, shisha, electronic cigarettes, and liquid nicotine and other vapor products behind a counter in an area accessible only to employees or in a locked container.
- Post a sign that your customers can easily see that reads: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
- Do not sell single cigarettes, sometimes referred to as "loosies" or "singles." All cigarettes must be sold in the manufacturer's packaging.
- Do not sell any packages of cigarettes containing fewer than 20 cigarettes; any package of roll-your-own tobacco containing less than 0.6 ounces of tobacco; or any package of cigarette wrapping papers, wrapping leaves or tubes containing fewer than 20 sheets, leaves or tubes.
- Do not sell "Bidis" or "beedies" and gutka unless you operate a tobacco business (primary activity is the sale of tobacco products and accessories). These businesses must post an additional sign that reads: "SALE OF BIDIS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." and "SALE OF GUTKA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW."
- Do not display paraphernalia or advertisements related to tobacco and vapor products, electronic cigarettes, and paraphernalia in/on store fronts and exterior doors and windows on stores located within 1,500 feet of a school (500 feet in New York City).
- Do not distribute tobacco or vapor products, intended or reasonably expected to be used with or for the consumption of nicotine, without charge.
- Do not use or accept “price reduction Instruments” (i.e. the acceptance of coupons, vouchers, rebates and other means of charging less than a tobacco or vapor product’s listed price).
- Pharmacies, and stores containing pharmacies are PROHIBITED from selling tobacco products, herbal cigarettes or vapor products.
Enforcement of the Youth Access Tobacco Control Law
The local designated enforcement officer works for the state or county health office or New York City Department of Consumer and Worker Protection. The enforcement officers routinely visit businesses that sell tobacco and vapor products to determine if they are in compliance with the law. The visits may include one or more of the following:
- Having an underage youth attempt to buy a tobacco or vapor products or other age-restricted product.
- Verifying that the appropriate proof of age is checked when someone appearing less than 25 years of age attempts to purchase a tobacco or vapor product or other age-restricted product.
- Attempting to buy out of package (loose) cigarettes.
- Checking the location of tobacco and vapor products and other age-restricted products (must be behind a counter or in a locked container).
- Checking minimum package size requirements.
- Verifying that flavored vapor products, restricted under the law, are not available for sale.
- Verifying that the business has a current tobacco and vapor product registration from the State Department of Taxation and Finance.
- Verifying that a business with a suspended or revoked registration is not selling tobacco products or herbal cigarettes and vapor products.
- Checking that bidis or gutka are sold only at tobacco businesses.
- Looking for the proper sign(s), as described above.
- Verifying that businesses located within 1,500 feet of a school (500 feet in New York City) have no paraphernalia or posted advertisements related to tobacco and vapor products, electronic cigarettes, on store fronts and exterior doors and windows.
Penalties for Violating the Law
If your business is in violation of the law, the enforcement officer will serve you a violation notice to appear for a hearing. If a violation(s) is sustained as a result of a hearing or an agreement where you admit to the violation(s), the enforcement officer will impose a fine and a surcharge for each violation. The New York State Department of Taxation and Finance and, if you are a lottery agent, the New York Lottery, will be notified that you were found in violation. Depending on previous violations, these departments will then suspend or revoke your registration or license according to the law.
Violations for the sale of tobacco products, herbal cigarettes, or vapor products in pharmacies and stores containing pharmacies are enforced by State Health Commissioner, in accordance with a different enforcement process than that described in this informational guide.
Violation for Sales to Individuals Under 21 Years of Age
Whenever a violation is sustained against you for a sale of tobacco or vapor product or other age-restricted product to an individual under 21 years of age, in addition to imposing the payments of a fine and a surcharge, you will be assigned two points, unless you demonstrate that at the time of the sale, the seller possessed a valid certificate from a State certified tobacco sales training program. In that case, only one point will be assigned.
Points will remain on your record for 36 months, unless your registration is suspended.
If you are assigned three or more points, your registration to sell tobacco products, herbal cigarettes, vapor products, and your lottery license (if applicable), will be suspended for one year. When the suspension ends, three points will be removed from your record. Any remaining points will count as the basis toward another suspension.
When any points are assigned to a retail tobacco dealer and vapor products dealer, at least two re-inspections will be conducted each year until the points are removed.
If you have been found guilty of ANY four violations of this law within a three-year period, the enforcement officer will direct the one-year revocation of your registration to sell tobacco products, herbal cigarettes and vapor products, and of your lottery license, if you have one. This one-year revocation is in addition to any suspension related to sales to individuals under 21 years of age.
Fines and Penalties
For sales to individuals under 21 years of age or other violations of the law not noted above.
First violation
- Fines from $300 to $1,500
Subsequent violations
- Fines from $1,000 to $2,500
All violations
- A $250 surcharge for each violation
- For each sale to an individual under 21 years of age, two points are assigned. One point, if retail dealer proves seller was certified at the time of sale. Three points are removed after 36 months, or at the close of a one year suspension
Violation while your tobacco and vapor product registration is suspended or revoked
- Fine of $2,500
- Your tobacco and vapor product registration will be permanently revoked and you will not be allowed to obtain a new registration to sell tobacco, herbal cigarettes, and vapor products
All above violations will be published.
If you do not have a valid tobacco and vapor product registration
- Your name and address will be reported to the Commissioner of the New York State Department of Taxation and Finance for investigation.
Check Your Local Laws and Regulations
Some local governments have local laws regulating the sale of tobacco products, vapor products, herbal cigarettes, electronic cigarettes, and other restricted products. In these cases, the stricter law (state or local) must be followed.
Questions About New York State's Youth Access Tobacco Control Law:
Contact your local enforcement officer, or write or call:
Center for Environmental HealthBureau of Community Environmental Health & Food Protection
Empire State Plaza-Corning Tower, Room 1395
Albany, New York 12237 (518) 402-7600 TobaccoEnforcement@health.ny.gov
Questions About Tobacco and Vapor Product Registration Requirements:
New York State Department of Taxation and Finance (518) 457-5735
