What's happening
The Tobacco-Free Pharmacies Act prohibits the sale of tobacco products in pharmacies in New York State.
Why it matters
Redefines the role of pharmacies. by explicitly prohibiting them from selling tobacco products, reinforcing the expectation that pharmacies focus on public health and wellness rather than selling potentially harmful products.
Covers a wide range of businesses. by including not only standalone pharmacies but also larger retailers (like supermarkets or big-box stores) that contain a pharmacy, potentially impacting their business models and tobacco sales revenue.
Centralizes enforcement and penalties. by granting sole enforcement authority to the state Health Commissioner, who can impose civil penalties up to $2,000 per violation, signaling a serious intent to ensure compliance and standardize enforcement across New York State.
Sets a clear implementation timeline. with a one-year lead time before the law takes effect, giving affected businesses time to adapt operations, adjust inventory, and train staff to comply with the new requirements.
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Who cares
Headline styles
Ban Tobacco in Pharmacies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Print number 5433a
- Amend and recommit to health
- 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.
Ban Tobacco Sales in Pharmacies
In Assembly Committee · Health · Sponsor Sandy Galef
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 5433--A A. 6956--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
March 28, 2017
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. GALEF, TITONE, MONTESANO, HARRIS, ORTIZ, SKOUFIS, D'URSO, JAFFEE, DINOWITZ, SIMON, BUCHWALD, GLICK, RIVERA, JENNE, HOOPER, ROSENTHAL -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to enacting the "tobacco-free pharmacies act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Tobacco-Free Pharmacies Act".
§ 2. The public health law is amended by adding a new section 1399-dd-1 to read as follows:
§ 1399-dd-1. Sale of tobacco products in pharmacies. 1. As used in this section "pharmacy" means any place registered as such by the New York state board of pharmacy and registered with the federal agency pursuant to the federal controlled substances act as well as any place in which drugs and medical components are possessed for the purpose of preparing, compounding, preserving or dispensing of drugs, medicines and therapeutic devices on the basis of prescriptions. This includes retailers that operate or maintain a pharmacy within their premises but shall not include other retailers co-located in a mall or other similar facility where such pharmacy is located.
2. No pharmacy shall sell or cause to be sold tobacco products.
3. The commissioner shall have sole jurisdiction to enforce the provisions of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10463-04-7
S. 5433--A 2 A. 6956--A
4. If a violation is suspected by the commissioner, notice shall be given and a hearing shall occur to determine if a violation has occurred. The hearing shall be conducted pursuant to the provisions of section twelve-a of this chapter.
5. If the commissioner determines after a hearing that a violation of this section has occurred, a civil penalty may be imposed by the commissioner in an amount not to exceed two thousand dollars per violation. No other penalty, fine or sanction may be imposed, provided that nothing in this section shall be construed to prohibit the commissioner from commencing a proceeding for injunctive relief to compel compliance with this section.
§ 3. This act shall take effect one year after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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, in relation to enacting the "tobacco-free pharmacies act"
Purpose or general idea of bill
The purpose of this legislation is to enact the "Tobacco-Free Pharmacies Act", which would prohibit the sale of tobacco products in pharmacies.
Summary of provisions
Section 1. This act shall be known and cited as the "Tobacco-Free Pharmacies Act".
Read the full memo (628 words)
Section 2. A new section 1399-dd-1 is added to the Public Health Law, which defines pharmacies as any place registered by the New York State Board of Pharmacy and with the Federal Agency pursuant to the federal controlled substances act. It also includes any place where drugs and medical components are possessed for the purpose of preparing, compounding, preserving or dispensing of drugs, medicines and therapeutic devices on the basis of a prescription. This includes facilities and retailers that operate or maintain a pharmacy within their premises but shall not include other retailers co-located in a mall or other similar facility where such pharmacy is located. No pharmacy shall sell or cause to be sold tobacco products. The commissioner has sole jurisdiction to enforce the provisions of this section. Details are also given in case there are violations.
Section 3. Establishes the effective date.
Difference between original and amended version (if applicable)
The effective date is extended to give adequate time for affected stores to eliminate their inventory and so they will have time to puts accommodate these changes. Also, in the text of the bill, it clearly states that this will apply to pharmacies and stores that operate a pharmacy within, and that it does not apply to two separate stores within a mall type setting.
Justification
On the Centers for Disease Control and Prevention (CDC) website it states that smoking is the leading cause of preventable death, that it harms nearly every organ of the body, and that in 2011, nearly 70% of adult cigarette smokers wanted to stop.
We know all the diseases that are caused by smoking such as cancer, diabetes, chronic obstructive pulmonary disease, and heart disease, yet based on a 2015 CDC report, as of 2014, the adult smoking rate is still at 16.8%.
The American Nonsmokers' Rights Foundation (January 2017) establishes that municipalities in California, Massachusetts and Minnesota have passed tobacco-free pharmacy laws. In 2014, all CVS Pharmacies, currently located in 49 states, decided to go tobacco-free by choice. It only makes sense, a business intended to make us feel better should not sell their customers products that, when taken as attended, would cut their lifespan by an average of 10 years. Earlier this year, Rockland County became the first county in New York to enact the "Tobacco-Free Pharmacies Act", and we hope the State will follow in those footsteps become the first in enacting a statewide law.
This legislation will apply to all pharmacies, and all stores that operate a pharmacy within. In the past, similar laws were enacted that PRIOR LEGISLATIVE HISTORY :
This is new legislation. Similar To: A. 7418 and S. 3607 of 2013/2014; A. 8839 and S. 6506 of 2011/2012 (New Assembly Sponsor); A. 3329 and S. 6506 of 2011/2012 (Sponsor Left Assembly); A. 5890 and S. 1234 of 2009/2010; A. 8395-A and S.8097 of 2007/2008
Fiscal implications for state and local governments
There are no fiscal implications associated with the passage of this legislation.
Effective date
This act shall take effect one year after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.