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

Summary of provisions

Section 1: Subdivisions 2, 3 and 7 of section 1399-cc of the Public Health Law, as amended by Chapter 448 of the Laws of 2012, are amended and a new subdivision 8 is added so that: 2. the age of 'eighteen' is replaced with '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". 3. The age of 'twenty-five' is replaced by 'twenty-six' years of age for identification, and 'eighteen' is replaced by 'nineteen'. 7. the age of 'eighteen' is replaced with '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". 8. Nothing in this section shall be deemed to limit the authority of any county, city, town or village to adopt or amend any local law or ordinance which imposes stricter restrictions and conditions on the minimum age requirement provided or authorized by this section.

§ 2. Subdivision 4 of Section 1399-aa of the Public Health Law, as added by Chapter 799 of the Laws of 1992, is amended to replace 'eighteen' with 'nineteen'.

§ 3. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb of the Public Health Law, as amended by Chapter 13 of the Laws of 2003 are amended so 'eighteen' is replaced by 'nineteen'.

§ 4. Subdivision 4 of Section 1399-bb of the Public Health Law, as amended, by Chapter 508 of the Laws of 2000, is amended an a new subdivision 5 is added: The distribution of tobacco products or herbal cigarettes shall be made only to an individual is at least nineteen years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-six years of age, but such appearance doesn't constitute a defense in any proceeding alleging sale to person under nineteen, and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 5. Section 1399-dd of the Public Health Law, as amended by Chapter 448 of the Laws of 2012, is amended so that the age of 'eighteen' is replaced by 'nineteen', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 6. Subdivision 1 of Section 1399-ff of the Public Health Law, as amended by Chapter 448 of the Laws of 2012, is amended and a new subdivision 4 is added so that 'minor' is replaced by 'person under

nineteen years of age', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 7. Paragraph (f) of subdivision 2 of Section 1399-ii of the Public Health Law, as added by Chapter 1 of the Laws of 1999, is amended as follows: removal of 'youth' by 'persons under nineteen years of age', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 8. Subdivision 3 of section 260.21 of the Penal Law, as added by Chapter 362 of the Laws of 1992, is amended to read as follows: or she is added to He, 'eighteen' is replaced by 'nineteen', and nothing in the section limits authority of county, city, town or village regarding a minimum age requirement.

§ 9. Sets effective date as the one hundred twentieth day after it shall have become law.

Justification

This legislation's objective is the removal of one access point for tobacco product purchase by children under nineteen years of age. Currently, underage children are able to procure cigarettes and tobacco products through their friends, acquaintances, and relatives who can legally purchase tobacco products. In a study by the US Centers for Disease Control and Prevention, 60% of underage smokers reported obtaining cigarettes from older people. These underage youth are usually in the beginning phase of using tobacco, and so are less frequent users and not yet addicted to nicotine. Tobacco use experts stress that smoking cessation interventions are most successful with this population. High schools are the predominant site where fourteen to eighteen year olds associate with each other. Raising the tobacco purchasing age to nineteen would, therefore, eliminate a means for underage children to access tobacco products.

There is a near unanimous consensus that the optimum means to reduce the number of smokers is through the prevention of the first cigarette. The earlier people begin to smoke, the higher their risk for contracting lung cancer and other health problems. The key to reducing the number of smokers in New York State is to stop them before they start. This legislation would help achieve this objective by changing the age from eighteen to nineteen for the purchase of tobacco products (except for those who serve in the Armed Forces in any capacity).

Legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.