NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A389A
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-
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
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.
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
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
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
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
EFFECTIVE DATE: This act shall take effect on the 180 day after becom-
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 Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Tobacco-Free Pharmacies Act".
3 § 2. The public health law is amended by adding a new section
4 1399-mm-1 to read as follows:
5 § 1399-mm-1. Sale of tobacco products in pharmacies. 1. No tobacco
6 products, herbal cigarettes, vapor products, or electronic cigarettes
7 shall be sold in a pharmacy or in a retail establishment that contains a
8 pharmacy operated as a department as defined in paragraph f of subdivi-
9 sion two of section sixty-eight hundred eight of the education law.
10 2. The commissioner shall have sole jurisdiction to enforce the
11 provisions of this section.
12 3. If a violation is suspected by the commissioner, notice shall be
13 given and a hearing shall occur to determine if a violation has
14 occurred. The hearing shall be conducted pursuant to the provisions of
15 section twelve-a of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 592--A 2 A. 389--A
1 4. If the commissioner determines after a hearing that a violation of
2 this section has occurred, a civil penalty may be imposed by the commis-
3 sioner in an amount not to exceed two thousand dollars per violation. No
4 other penalty, fine or sanction may be imposed, provided that nothing in
5 this section shall be construed to prohibit the commissioner from
6 commencing a proceeding for injunctive relief to compel compliance with
7 this section.
8 § 3. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.