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A389Assembly2019-2020 SessionSame asS592

Ban Tobacco Sales in Pharmacies

Official title

“Enacts the "tobacco-free pharmacies act"”

Sponsor Sandy GalefAD-95+25 co-sponsorsAffects Health
Status
Stricken
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill prohibits the sale of tobacco and related products in pharmacies and sets penalties for violations.

Why it matters

  1. Directly targets public health by eliminating the sale of tobacco, vapor, and related products in pharmacies. , places where people often seek health advice and purchase medications, reinforcing the message that pharmacies are health-promoting environments.

  2. Establishes clear state-level enforcement under the health commissioner. , meaning oversight and penalties for violations will be uniform across New York, reducing potential loopholes and inconsistent application at the local level.

  3. Sets a specific civil penalty (up to $2,000 per violation) for non-compliance. , which creates a financial deterrent for pharmacies considering violating the ban, but does not allow for criminal penalties or additional sanctions—focusing on regulatory rather than punitive action.

  4. Allows for injunctive relief to force compliance. , giving the state a legal tool to immediately halt sales if a pharmacy continues to violate the law, which could help ensure rapid enforcement and greater overall effectiveness of the ban.

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Who cares

Headline styles

Ban Tobacco Sales in Pharmacies

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Sandy Galef

Assembly Member · Assembly District 95

History

  1. Enacting clause stricken
  2. Referred to health
  3. Print number 389a
  4. Amend and recommit to health
  5. 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.

S592Senate

Ban Tobacco Sales in Pharmacies

In Senate Committee · Health · Sponsor David Carlucci

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 592--A A. 389--A Cal. No. 190

2019-2020 Regular Sessions

SENATE - ASSEMBLY (Prefiled)

January 9, 2019

IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report

IN ASSEMBLY -- Introduced by M. of A. GALEF, ORTIZ, JAFFEE, DINOWITZ, SIMON, BUCHWALD, D'URSO, GLICK, RIVERA, L. ROSENTHAL, BLAKE, MONTESANO -- 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-mm-1 to read as follows:

§ 1399-mm-1. Sale of tobacco products in pharmacies. 1. No tobacco products, herbal cigarettes, vapor products, or electronic cigarettes shall be sold in a pharmacy or in a retail establishment that contains a pharmacy operated as a department as defined in paragraph f of subdivision two of section sixty-eight hundred eight of the education law.

2. The commissioner shall have sole jurisdiction to enforce the provisions of this section.

3. 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00256-03-9

S. 592--A 2 A. 389--A

4. 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 on the one hundred eightieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.