What's happening
This bill prohibits advertising, marketing, or promoting tobacco products and herbal cigarettes within 500 feet of school grounds.
Why it matters
Broad definition of school zones. The bill defines "school grounds" to include not only the land and buildings of public, private, and parochial schools, but also any area accessible to the public (like sidewalks, streets, parking lots, stores, or restaurants) within 500 feet of these schools—dramatically expanding where tobacco and herbal cigarette ads would be banned.
Impacts on businesses and local advertising. Any business or individual engaged in selling, marketing, or distributing tobacco products or herbal cigarettes would be prohibited from advertising or promoting those products within these zones, potentially requiring significant changes to outdoor signage, window ads, and even promotional vehicles near schools.
Inclusion of non-tobacco smoking products. The bill explicitly covers herbal cigarettes (products intended to be smoked but not containing tobacco), closing a potential loophole and extending protections to products that may act as a gateway to tobacco use for youth.
Enforcement and penalties. The law provides for formal hearings and establishes escalating civil penalties starting at a minimum of $250 for a first violation, with fines increasing for repeat violations—creating a strong financial deterrent for businesses that fail to comply.
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Who cares
Headline styles
Ban Tobacco Ads Near Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2287
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the advertisement of tobacco products and herbal cigarettes near schools
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new article 13-I to read as follows:
ARTICLE 13-I
ADVERTISING TOBACCO PRODUCTS AND
HERBAL CIGARETTES PROHIBITED NEAR SCHOOLS
Section 1399-aaa. Definitions.
1399-bbb. Advertising prohibited near schools.
1399-ccc. Hearings; penalties.
§ 1399-aaa. Definitions. As used in this article:
1. "Person" means a person, firm, company, corporation, partnership, sole proprietor, limited partnership, association, limited liability company or limited liability partnership.
2. "Tobacco products" means one or more cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products.
3. "Herbal cigarette" means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filter.
4. "School grounds" means (a) in, on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within five hundred feet of the real property boundary line comprising any such school or any parked
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04943-02-9
S. 2287 2
automobile or other parked vehicle located within five hundred feet of the real property boundary line comprising any such school. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
§ 1399-bbb. Advertising prohibited near schools. No person engaged in the business of manufacturing, selling, advertising, marketing or otherwise distributing tobacco products or herbal cigarettes, or any agent or employee of such person, shall advertise, market or promote tobacco products or herbal cigarettes or the purchase or use thereof upon school grounds.
§ 1399-ccc. Hearings; penalties. 1. Hearings with respect to violation of this article shall be conducted in the same manner as hearings conducted under article thirteen-E of this chapter.
2. If the enforcement officer determines after a hearing that a violation of this article has occurred, he or she shall impose a civil penalty of a minimum of two hundred fifty dollars, but not to exceed one thousand dollars for a first violation, a minimum of five hundred dollars, but not to exceed two thousand dollars for a second violation, and a minimum of one thousand dollars for each subsequent violation.
§ 2. This act shall take effect on the first of September next succeeding the date on which 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, in relation to prohibiting the advertisement of tobacco products and herbal cigarettes near schools
Purpose
To amend the public health law to prohibit the advertisement of tobacco products within 500 feet of a school.
Summary of provisions
This bill would amend the public health law by prohibiting the advertis- ing, marketing or promotion of tobacco products within 500 feet of school grounds and establishing civil penalties of $250 to $1,000 for a first violation, $500 to $2,000 for a second violation and a minimum of $1,000 for each subsequent violation.
Existing law
Existing state law establishes a toll-free telephone hotline to provide information regarding health care providers and treatment centers with expertise in illnesses associated with military duty. There is also a federal veterans' crisis line.
Justification
A great portion of tobacco advertisement and promotion is designed to attract the attention of our youth. By prohibiting tobacco advertise- ments in and around our schools, we can better protect our state's young people from marketing efforts which are designed to get them to try tobacco products.
Legislative history
01/22/16 Referred to Health
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the first of September next succeeding the date on which 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.