What's happening
This bill raises the minimum age to purchase tobacco products in New York State from 18 to 21 years old.
Why it matters
Expands protections for young people by restricting access to all tobacco and nicotine products (including e-cigarettes, herbal cigarettes, shisha, gutka, and bidis) until age 21. , not just traditional cigarettes. This could reduce early addiction and long-term health risks.
Aligns age requirements for access to tobacco with those for alcohol in New York. , potentially making enforcement simpler and sending a strong public health message about the risks of tobacco use.
Requires businesses to update signage, identification checks, and storage practices. not only to comply with the new age limit but also to prevent inadvertent or illegal sales to those under 21, increasing the regulatory burden but aiming to curb underage sales.
Empowers parents or guardians of anyone under 21 to file complaints about illegal tobacco sales. and ensures that enforcement mechanisms and penalties apply up to age 21, increasing accountability for retailers and possibly leading to more proactive community enforcement.
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Who cares
Headline styles
Raise Tobacco Buying Age
Plain English, a few words. Used as the page title.
Sponsors
23 Co-sponsors
- Joseph P. Addabbo Jr.
- Fredrick J. Akshar II
- Marisol Alcantara
- Tony Avella
- Jamaal Bailey
- John J. Bonacic
- Neil D. Breslin
- John E. Brooks
- David Carlucci
- Martin Malavé Dilan
- Jesse Hamilton
- Brad Hoylman-Sigal
- Chris Jacobs
- Todd Kaminsky
- Timothy M. Kennedy
- Liz Krueger
- Andrew J. Lanza
- Shelley Mayer
- Kevin S. Parker
- Roxanne J. Persaud
- Joseph E. Robach
- Luis R. Sepúlveda
- David J. Valesky
History
- Reported and committed to finance
- Referred to health
- Reported and committed to finance
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Raise Tobacco Age to 21
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3978
2017-2018 Regular Sessions
IN SENATE
January 31, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, the penal law and the administrative code of the city of New York, in relation to increasing the purchasing age for tobacco products from eighteen to twenty-one
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 1399-aa of the public health law, as added by chapter 799 of the laws of 1992, is amended to read as follows:
4. "Private club" means an organization with no more than an insignificant portion of its membership comprised of people under the age of [eighteen] twenty-one years that regularly receives dues and/or payments from its members for the use of space, facilities and services.
§ 2. 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 to read as follows:
(b) conventions and trade shows; provided that the distribution is confined to designated areas generally accessible only to persons over the age of [eighteen] twenty-one;
(c) events sponsored by tobacco or herbal cigarette manufacturers provided that the distribution is confined to designated areas generally accessible only to persons over the age of [eighteen] twenty-one;
(f) factories as defined in subdivision nine of section thirteen hundred ninety-nine-aa of this article and construction sites; provided that the distribution is confined to designated areas generally accessible only to persons over the age of [eighteen] twenty-one.
§ 3. Subdivision 4 of section 1399-bb of the public health law, as amended by chapter 508 of the laws of 2000, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01709-01-7
S. 3978 2
4. The distribution of tobacco products or herbal cigarettes pursuant to subdivision two of this section shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least [eighteen] twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age; provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product or herbal cigarette to an individual.
§ 4. Subdivisions 2, 3 and 7 of section 1399-cc of the public health law, as amended by chapter 542 of the laws of 2014, are amended to read as follows:
2. Any person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are sold or offered for sale is prohibited from selling such products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or smoking paraphernalia to individuals under [eighteen] twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "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 [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height.
3. Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes in such places, other than by a vending machine, shall be made only to an individual who demonstrates, through (a) a valid driver's license or non-driver's identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least [eighteen] twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes to an individual under [eighteen] twenty-one years of age.
7. No person operating a place of business wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes in any manner, unless such products and cigarettes are stored for sale (a) behind a counter in an area accessible only to the personnel of such business, or (b) in a locked container; provided, however, such restriction shall not apply to tobacco businesses, as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article, and to places to which admission is restricted to persons [eighteen] twenty-one years of age or older.
§ 5. Subdivision (d) of section 1399-dd of the public health law, as amended by chapter 448 of the laws of 2012, is amended to read as follows:
S. 3978 3
(d) in a place of employment which has an insignificant portion of its regular workforce comprised of people under the age of [eighteen] twenty-one years and only in such locations that are not accessible to the general public; provided, however, that in such locations the vending machine is located in plain view and under the direct supervision and control of the person in charge of the location or his or her designated agent or employee.
§ 6. Subdivision 1 of section 1399-ff of the public health law, as amended by chapter 448 of the laws of 2012, is amended to read as follows:
1. Where a civil penalty for a particular incident has not been imposed or an enforcement action regarding an alleged violation for a particular incident is not pending under section thirteen hundred ninety-nine-ee of this article, a parent or guardian of a [minor] person under twenty-one years of age to whom tobacco products, herbal cigarettes or electronic cigarettes are sold or distributed in violation of this article may submit a complaint to an enforcement officer setting forth the name and address of the alleged violator, the date of the alleged violation, the name and address of the complainant and the [minor] person under twenty-one years of age, and a brief statement describing the alleged violation. The enforcement officer shall notify the alleged violator by certified or registered mail, return receipt requested, that a complaint has been submitted, and shall set a date, at least fifteen days after the mailing of such notice, for a hearing on the complaint. Such notice shall contain the information submitted by the complainant.
§ 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the public health law, as added by chapter 518 of the laws of 2000, are amended to read as follows:
(b) Any person operating a tobacco business wherein bidis is sold or offered for sale is prohibited from selling such bidis to individuals under [eighteen] twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height.
(c) Sales of bidis by a tobacco business shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least [eighteen] twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product to an individual under [eighteen] twenty-one years of age.
§ 8. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of section 1399-mm of the public health law, as added by chapter 549 of the laws of 2003, are amended to read as follows:
1. No person shall knowingly sell or provide gutka to any other person under [eighteen] twenty-one years of age. No other provision of law authorizing the sale of tobacco products, other than subdivision two of this section, shall authorize the sale of gutka. Any person who violates the provisions of this subdivision shall be subject to a civil penalty of not more than five hundred dollars.
(b) Any person operating a tobacco business wherein gutka is sold or offered for sale is prohibited from selling such gutka to individuals
S. 3978 4
under [eighteen] twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height.
(c) Sales of gutka by a tobacco business shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least [eighteen] twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product to an individual under [eighteen] twenty-one years of age.
§ 9. 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:
3. He or she sells or causes to be sold tobacco in any form to a child less than [eighteen] twenty-one years old.
§ 10. Section 17-714 of the administrative code of the city of New York, as amended by local law number 69 of the city of New York for the year 2009, is amended to read as follows:
§ 17-714 Sale of herbal cigarettes to minors prohibited. It shall be unlawful for any person to sell or offer for sale herbal cigarettes to an individual under [eighteen] twenty-one years of age.
§ 11. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, the penal law and the administrative code of the city of New York, in relation to increasing the purchasing age for tobacco products from eighteen to twenty-one
Purpose
This bill would amend the public health law and the administrative code of New York City to increase the age in which an individual can buy cigarettes from eighteen to twenty-one years of age.
Summary of provisions
Section 1: Subdivision 4 of section 1399-aa of the Public Health Law is amended by deleting the age of "eighteen" and replacing it with "twenty-one".
Read the full memo (806 words)
Section 2: Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb of the Public Health Law are amended by removing "eighteen" and replacing it with "twenty-one".
Section 3: Subdivision 4 of section 1399-bb of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".
Section 4: Subdivisions 2, 3 and 7 of section 1399-cc of the Public Health Law are amended by removing "eighteen" and replacing it with "twenty-one".
Section 5: Subdivision (d) of Section 1399-dd of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".
Section 6: Subdivision 1 of Section 1399-ff of the Public Health Law is amended by deleting the word "minor" and replacing it with "person under twenty-one years of age".
Section 7: Paragraphs (b) and (c) of subdivision 2 of Section 1399-11 of the Public Health Law are amended by removing "eighteen" and replacing it with "twenty-one".
Section 8: Subdivision 1 of paragraphs (b) and (c) of subdivision 2 of Section 1399-mm of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".
Section 9: Subdivision 3 of section 260.21 of the Penal Law is amended by removing "eighteen" and replacing it with "twenty-one".
Section 10: Section 17-706 of the Administrative Code of the City of New York is amended by removing "eighteen" and replacing it with "twenty-one".
Section 11: Section 17-714 of the Administrative Code of the City of New York is amended by removing "eighteen" and replacing it with "twenty-one".
Justification
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. Three hundred eighty nine thousand youth under the age of eighteen in New York will ultimately die prematurely from smoking. Of the many youth who become regular smokers, half of them will eventually die from smoking related disease. They will suffer from cancer, emphysema, heart disease, asthma, hypertension, and other ailments. New York spends over $8 billion caring for people made sick from smoking and New York residents' State and Federal tax burden from smoking caused healthcare expenditures is approximately $900 per household.
The key to reducing the number of smokers in New York is to stop them before they start. Raising the smoking age to twenty one removes cigarettes from high schools and eliminates a popular source of tobacco from 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 opportunity. The majority of smokers sixteen years of age and younger are intermittent users; addictive smoking requiring regular purchased begins later, at a median age of seventeen. Raising the purchase age provides an opportunity to expose intermittent users to strong counter-marketing, and de-normalizing campaigns. Keeping youths tobacco free for a longer period of time allows such interventions to reach them before they become regular users.
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.
Because tobacco use persists among youth and adults, New York State must take further action. Preventing young adults from taking up smoking is critical because, according to the Surgeon General, 88% of adult smokers started the habit before age 18, and 90% of the people who purchase cigarettes for minors are between the ages of 18 and 20.
By raising the legal purchase age to twenty one, we will help prevent a generation of New Yorkers from becoming addicted to smoking and ultimately save thousands of lives. By delaying children and young adults access to tobacco products, we will reduce the likelihood they ever start smoking and therefore create a healthier state.
Prior legislative history
2013-16 - died in Health Committee.
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.