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Smoking Legislation

The Sensible Tobacco Enforcement law goes into effect on March 19, 2014, but the City will not begin enforcing the law until rules are promulgated.

The New York City Health Department supports the enforcement of laws enacted to protect the health of New York City residents from the harmful effects of smoking and secondhand smoke. Our goal is to improve compliance and strengthen smoke-free air laws, reduce the access of minors to tobacco, and restrict tobacco industry marketing and promotion efforts. We provide technical assistance to organizations, vendors and worksites implementing these laws, educational materials on responsibilities and rights under these laws, and trainings and presentations to various groups regarding these laws.

Smoke Free Air Act (SFAA) of 2002: This act protects the health of New York City workers against the harmful effects of secondhand smoke by making virtually all workplaces smoke-free. Learn more.

NYS Clean Indoor Air Act of 2003 (Public Health Law Article 13-F): This act was enacted 3 months after New York City's SFAA and is almost identical to it, except that it is stricter in some respects and eliminates several of NYC's exemptions, such as for certain kinds of bars.

Adolescent Tobacco Use Prevention Act (ATUPA) (PDF): This act forbids the sale of tobacco products to minors and by minors (except under certain circumstances). It also forbids the sale of "loosies".

Internet Tobacco Sales: New York State law bans the sale of cigarettes over the internet.

Local Law 69 - Regulation of the Sale of Herbal Cigarettes and Flavored Tobaco Products: This act bans the sale of “flavored” tobacco products, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. This law does not apply to cigarettes. The sale of flavored cigarettes is prohibited under federal law. Sale of tobacco products containing only the taste or aroma of tobacco, menthol, mint, or wintergreen is permissible.

Local Law 94 - Tobacco 21(PDF): This law raises the legal age for selling cigarettes, tobacco products, and electronic cigarettes from 18 to 21. This law also requires tobacco retailers to post signage that reflects this new sales restriction.

Local Law 97 - Sensible Tobacco Enforcement (PDF): This law includes various measures to keep the price of cigarettes and tobacco products high. This law establishes a price floor for cigarettes and little cigars, bans the redemption of discounts on cigarettes or tobacco products, and imposes a packaging requirement on cigars priced at $3 or less. This law also increases fines and penalties for cigarette retailers who engage in illegal activity, and requires cigarette retailers to post a sign stating that valid New York State and New York City tax stamps must be on all cigarette packages sold in New York City.