Adolescent Tobacco Use Prevention Act (ATUPA)
Article 13-F NYS Public Health Law and Onondaga County Local Law
New York State (NYS) law and a local Onondaga County law prohibit the sale of tobacco products to anyone under the age of 21.
Compliance Checks
Compliance checks are performed at every facility which sells tobacco products (cigarettes, cigars, chewing tobacco, shisha or tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers or smoking paraphernalia).
Underage youth (under 21 years old) attempt to purchase tobacco at each retailer in Onondaga County at least once each year. If a sale is made enforcement action is taken as follows:
- First violations have penalties that range from $300 to $1,500.
- Subsequent violations have penalties that range from $1,000 to $2,500.
- All violations have a $250 surcharge and are assigned 2 points unless the seller has taken a NYS Certified Tobacco Training Course then they are assigned 1 point. Points are removed after 36 months.
- After accumulating 3 points the registration to sell tobacco and lottery is suspended for one year. If a retailer sells tobacco while the registration is suspended then a fine of $2,500 is imposed and their tobacco registration permanently revoked.
All facilities will be inspected to determine if they are selling flavored vape products. If violations are found, enforcement, including fines and suspension of tobacco registrations, will occur.
Other items that retailers must comply with:
• A sign must be posted with certain wording.
• All tobacco products must be placed behind a counter or in a locked container.
• It is illegal to sell loose or single cigarettes.
Resource: A Guide for Tobacco Merchants
New York State Clean Indoor Air Act
To report violations of the New York State Clean Indoor Air Act in Onondaga County, use our online form or call:
• (315) 435-6600 for New York State Clean Indoor Air Act enforcement of smoking in public buildings and work places.
• (315) 435-6607 for New York State Clean Indoor Air Act enforcement of smoking in restaurants and bars, which is regulated by the Food Protection program.
For general information, go to Smoking and Tobacco Use. |
