What's happening
This bill bans the sale of tobacco and nicotine products to anyone born after December 31, 2007.
Why it matters
This bill fundamentally changes New York’s tobacco laws by creating a “tobacco-free generation”. meaning that anyone born after December 31, 2007, will never legally be able to purchase tobacco or nicotine products in the state, regardless of how old they become. This is a major shift from age-based restrictions to a birth-year-based ban.
The new rules will significantly impact retailers and enforcement across New York. Businesses will need to adapt their age verification processes from checking if customers are over a certain age (previously 21) to verifying birth year, and all related signage and procedures must be updated accordingly. This could require retraining employees and updating point-of-sale systems statewide.
The legislation removes existing exceptions and loopholes for tobacco sales, tightening access in all settings. It eliminates allowances for sales in certain locations like bars, clubs, and private workplaces, and ends the practice of not checking ID if someone “appears” old enough. This is likely to reduce youth access and exposure to tobacco, but will also impact adult consumers who might have previously relied on such exceptions.
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Who cares
Younger New Yorkers (born after December 31, 2007) and Their Families
This group will be directly impacted, as the bill would prohibit the sale of all tobacco and nicotine products to anyone born after this date, effectively phasing out legal tobacco sales to younger generations regardless of their age as they grow older.
Tobacco Retailers and Businesses
Convenience stores, vape shops, tobacconists, and other businesses that sell tobacco or nicotine products will need to adapt to new age-verification requirements and will gradually lose access to a key customer demographic.
Public Health Advocates and Health Organizations
Groups focused on reducing tobacco use, preventing youth addiction, and lowering healthcare costs associated with smoking-related illnesses will be highly interested in this legislation as a potential model for endgame tobacco policy.
- Likely concerns
Tobacco Industry and Associated Lobbyists
Manufacturers, distributors, and lobbyists for tobacco and vapor products will be concerned about the long-term market impacts and will likely oppose the bill due to the shrinking consumer base it creates over time.
Headline styles
Ban Tobacco Sales to Youth
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11509
IN ASSEMBLY
May 28, 2026
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) -read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to restricting the sale of tobacco products; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 1399-bb of the public health law is REPEALED.
§ 2. Subdivisions 4 and 5 of section 1399-bb of the public health law, as amended by section 4 of part EE of chapter 56 of the laws of 2020, are amended to read as follows:
4. No retail dealer engaged in the business of selling or otherwise distributing electronic cigarettes or vapor products intended or reasonably expected to be used with or for the consumption of nicotine for commercial purposes, or any agent or employee of such person, shall knowingly, in furtherance of such business, distribute without charge any electronic cigarettes to any individual [under twenty-one years of age] born after December thirty-first, two thousand seven.
5. The distribution of tobacco products, electronic cigarettes, vapor products intended or reasonably expected to be used with or for the consumption of nicotine, or herbal cigarettes pursuant to subdivision two of this section or the distribution without charge of electronic cigarettes, or vapor products intended or reasonably expected to be used with or for the consumption of nicotine, shall be made only to an individual who demonstrates, through (a) a driver's license or non-driver 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, (b) a valid passport issued by the United States government or the government of any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual [is at least twenty-one years of age. Such identification need not be required
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15979-02-6
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, electronic cigarette, vapor product intended or reasonably expected to be used with or for the consumption of nicotine, or herbal cigarette or the distribution without charge of electronic cigarettes, or vapor products intended or reasonably expected to be used with or for the consumption of nicotine to an individual] was born after December thirty-first, two thousand seven.
§ 3. Subdivisions 2, 3 and 7 of section 1399-cc of the public health law, as amended by chapter 100 of the laws of 2019, 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 twenty-one years of age] born after December thirty-first, two thousand seven, 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 TWENTY-ONE YEARS OF AGE] BORN AFTER DECEMBER 31, 2007 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 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 twenty-one years of age] was born after December thirty-first, two thousand seven.
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 twenty-one years of age or older].
§ 4. Section 1399-dd of the public health law, as amended by chapter 448 of the laws of 2012, subdivision (d) as amended by chapter 100 of the laws of 2019, is amended to read as follows:
§ 1399-dd. Sale of tobacco products, herbal cigarettes or electronic cigarettes in vending machines. No person, firm, partnership, company or corporation shall operate a vending machine which dispenses tobacco products, herbal cigarettes or electronic cigarettes [unless such machine is located: (a) in a bar as defined in subdivision one of section thirteen hundred ninety-nine-n of this chapter, or the bar area of a food service establishment with a valid, on-premises full liquor license; (b) in a private club; (c) in a tobacco business as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article; or (d) in a place of employment which has an insignificant portion of its regular workforce comprised of people under the age of 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].
§ 5. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the public health law, as amended by chapter 100 of the laws of 2019, 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 twenty-one years of age] born after December thirty-first, two thousand seven, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF BIDIS TO PERSONS [UNDER TWENTY-ONE YEARS OF AGE] BORN AFTER DECEMBER 31, 2007 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 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 twenty-one years of age] was born after December thirty-first, two thousand seven.
§ 6. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of section 1399-mm of the public health law, as amended by chapter 100 of the laws of 2019, are amended to read as follows:
1. No person shall knowingly sell or provide gutka to any other person [under twenty-one years of age] born after December thirty-first, two thousand seven. 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 [under twenty-one years of age] born after December thirty-first, two thousand seven, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF GUTKA TO PERSONS [UNDER TWENTY-ONE YEARS OF AGE] BORN AFTER DECEMBER 31, 2007 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 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 twenty-one years of age] was born after December thirty-first, two thousand seven.
§ 7. This act shall take effect January 1, 2028.
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.