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A00389 Summary:

COSPNSROrtiz, Jaffee, Dinowitz, Simon, Buchwald, D'Urso, Glick, Rivera, Rosenthal L, Blake, Montesano, Arroyo, Mosley, Williams, Reyes, Sayegh, Abinanti, Gottfried, Jacobson, DeStefano, Salka, Burke, Fernandez, Griffin, Epstein
Add §1399-mm-1, Pub Health L
Enacts the "tobacco-free pharmacies act"; provides that no pharmacy shall sell or cause to be sold tobacco products; imposes civil penalties.
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A00389 Actions:

01/09/2019referred to health
02/27/2019amend and recommit to health
02/27/2019print number 389a
01/08/2020referred to health
08/28/2020enacting clause stricken
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A00389 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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A00389 Text:

                STATE OF NEW YORK
            S. 592--A                                              A. 389--A
            Cal. No. 190
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                     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,
          -- 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.
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