What's happening
This bill prohibits the sale of tobacco and vapor products in pharmacies and establishes enforcement and penalties for violations.
Why it matters
Limits youth and community exposure to tobacco, nicotine, and vapor products. by removing them from pharmacies, which are often seen as health-oriented and frequently visited by families and young people.
Creates a clear, centralized enforcement process. by giving sole authority to the State Health Commissioner, which may streamline oversight and reduce confusion about which agency is responsible.
Establishes meaningful but targeted penalties. up to $2,000 per violation—designed to deter sales without imposing overly harsh consequences, while still allowing for court-ordered compliance if necessary.
Signals a shift in public health policy. by reinforcing the idea that pharmacies should promote health and wellness, not sell products known to harm health, potentially influencing consumer perceptions and pharmacy business models statewide.
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Who cares
Headline styles
Ban Tobacco Sales in Pharmacies
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to health
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- Amended 592a
- 1st report cal.190
- 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
Stricken · Sponsor Sandy Galef
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.
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 Phar- macies Act",
Section 2. A new section 1399-mm-1 is added to the Public Health Law, which and states that 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 6808 of the Education Law. 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)
We changed the section of law from 1399-dd-1 to 1399-mm-1, and slightly changed the language without changing the overall purpose.
Justification
On the Centers for Disease Control and Prevention (CDC) website it states that smoking is the leading cause of prevent able 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, current- ly 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 at tended, 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 Pharma- cies 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 oper- ate a pharmacy within. In the past, similar laws were enacted that
Prior legislative history
A. 6956-A and S.5433-A of 2017/2018
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 Assem- bly); 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 on the 180 day after becom- ing law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.