Increases the purchasing age for tobacco and tobacco products from 18 years of age to 19 years of age

Summary of specific provisions

This legislation amends Section 1399-cc of the Public Health Law: (1) to raise the purchasing age for tobacco products from eighteen to nineteen, unless such individuals are eighteen years of age who are serving in the United States military, including but not limited to, the National Guard and Reserves; and (2) requires identification of any individual who reasonably appears less than twen- ty-xix years of age when purchasing a tobacco product. It also amends Sections 1399-aa, 1399-b, 1399-dd, and 1399-ff to change eighteen years of age to nineteen years of age and twenty-five years of age to twenty- six years of age. The opening paragraph of Section 1399-hh is amended to read nineteen years of age instead of eighteen years of age. Paragraph (0 of subdivision 2 of Section 1399-ii is amended to read nineteen years of age instead of eighteen years of age. The closing paragraph of Section 1399-kk is amended to read nineteen years of age instead of eighteen years of age. Finally, the opening paragraph and paragraphs (f) and (g) of subdivision 2 of Section 1399-kk will be amended to read nineteen years of age instead of eighteen years of age.

Justification

The aim of this bill is to remove cigarettes from the reach of underage children. Every year in New York, fifty-three thousand youth under the age of eighteen become regular smokers. Many of them tried their first cigarette before they entered high school. These youngsters must get their cigarettes from somewhere. Tough retail laws and high taxes on cigarettes in New York have essentially shut down the illegal purchase of tobacco products by underage children. As a result, these youth turn to older acquaintances, most often school mates, as sources for cigarettes. In a study by the US Centers for Disease Control and Prevention, 60% of underage smokers reported getting cigarettes from older people, either by borrowing or giving them money. Underage youth who use these social sources for tobacco are generally younger and more intermittent users of tobacco. It is within this population that inter- vention will be the most successful in preventing addiction to ciga- rettes.

In a study published in the American Journal of Public Health, research- ers found that the most likely group of people to be asked to provide cigarettes by underage children are 18-19 years old. These 18 and 19 year olds are still in school with underage smokers; they are people who underage children attend classes with and socialize with before and after school. More than half of every graduating class has already turned 18. Only a very small percentage has turned 19. While the study did not examine whether these individuals actually provided cigarettes

to underage youth, several factors, including the large percentage of individuals who were asked, and the likelihood of more tolerant atti- tudes toward youth smoking, this group of 18-19 year olds is probably the biggest social source to underage smokers. Raising the purchase age for tobacco to 19 will shut down this popular source for tobacco products to underage children.

The best way to reduce the number of citizens who smoke is to prevent initiation of tobacco use. A fairly short time passes between initiation and addiction, and most interventions miss this small window of opportu- nity. Once someone becomes addicted to tobacco it is very difficult to quit. Recent studies show that fewer than 3% of those who attempt to quit remain smoke free for more than a year.

Easily, the most effective way to prevent addiction is to prevent initi- ation. The majority of smoking 16 years of age and younger are intermit- tent users. Addictive smoking requiring regular purchased begins later, at a median age o 17. Raising the purchase age provides an opportunity to expose intermittent users to strong counter-marketing, and de-normal- izing campaigns. Keeping kids tobacco free for a longer period of time allows such interventions to reach students before they become regular users.

Of the 50,000 plus youth who become regular smokers, half of them will eventually die from smoking related disease. They will suffer from cancer, emphysema, heart disease, asthma, and hypertension, to name a few. All told, the underage smokers of today will cost the state over 11 billion dollars in health care costs and lost productivity. Simply delaying tobacco use provides benefits. The earlier people begin to smoke, the higher their risk for contracting lung cancer and other health problems. Just being able to stop a small percentage of these youth from smoking will yield incredible savings in medical bills and lost work.

The key to reducing the number of smokers in New York is to stop them before they start. Raising the smoking age to 19 removes cigarettes from high schools and eliminates a popular source of tobacco from underage children.

The exception to this law is individuals who are eighteen years old and are serving in the United States military, including but not limited to, the National Guard and Reserves.

Prior legislative history

Similar but not identical to: A. 2537 and S. 4515 of 2007/2008 A. 5883 and S. 5098 of 2005/2006

Fiscal implications

None.

Effective date

One hundred and twenty days after this act becomes law; provided that the amendments to subdivisions 2,3, and 7 of Section 1399-cc of the Public Health Law made by section one of this act shall be subject to the repeal of such section pursuant of section 4 of Chap-

ter 519 of the laws of 1999, as amended, when upon such date the provisions of section two of this act shall take effect.