Tobacco Control Program

Clean Indoor Air Act (CIAA)

Pursuant to New York State Public Health Law Article 13-E, the Oneida County Health Department will enforce the Clean Indoor Air Act by means of a complaint-driven progressive enforcement process and a graduated fine scale as described herein.
 
See the Clean Indoor Air Enforcement Policy

Adolescent Tobacco Use Prevention Act (ATUPA)

In July of 1992, the New York State Legislature passed the Adolescent Tobacco Use Prevention Act (ATUPA) establishing penalties for selling tobacco products to minors, restricting youth access to vending machines, and creating an enforcement mechanism managed by county health agencies. In February of 1997 based on new FDA regulations, it became a federal violation for any retailer to sell tobacco products to anyone under the age of 18 years old. Included under this law are: cigarettes, cigars, bidis, gutka, chewing tobacco, powdered tobacco, shisha, or other tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers or smoking paraphernalia. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco. All rules that apply to the sale of tobacco also apply to e-cigarettes. To further prevent sales of these products to anyone under the age of 18 who may look older than their age, retailers must verify the age of any buyer under the age of 27 years old, by checking photo I.D. showing the birth date of the card holder. On November 13, 2019, a person must be 21 or older to purchase these products anywhere in New York State. It is important that retailers and sales clerks are aware of this change, and the implementation date.

See the required sign retailers must post

It will also be available from the Oneida County Health Department by contacting Environmental Health at 315 798 5064.

The counties responsible for enforcement of ATUPA will be expected to:

• establish and maintain an up-to-date list of licensed and registered tobacco retailers and vendors in addition to locations of cigarette vending machines within their jurisdiction;
• complete at least one compliance check at all retail tobacco vendors in the enforcement officers jurisdiction during the 12 month period;
• identify and report unlicensed vendors to the Center for Environmental Health of the New York State Health Department. The Center will then communicate this information to the New York State Department of Taxation and Finance which is responsible for the licensing of tobacco vendors in the State;
• implement enforcement actions for vendors and owners of vending machines who fail compliance checks.
   
  Effective May 18, 2020, the prohibitions imposed by PHL Article 13-F were amended to also prohibit the sale of flavored vapor products. The law defines “flavored” as any vapor product, intended or reasonably expected to be used with or for the consumption of nicotine, with a distinguished taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption.

ATUPA Violations

2021 & 2022

*Dari Del located on 2000 Bleecker St., Utica, NY
**Sale of Tobacco product to a minor.

*Chanatry’s located on 485 French Rd., Utica, NY –
**Sale of Tobacco product to a minor.

*Famco 1 located on 5311 State Rte 46, Durhamville, NY 
**Sale of Tobacco product to a minor.

*Family Dollar located on 4 Preston Hill St., Camden, NY 
**Sale of Tobacco product to a minor.

*Stittville Fill, Grill & Chill located on 9060 Rte 365, Stittville, NY 
**Sale of Tobacco product to a minor.

*Smoke & Vapor Shop located on 4679 Commercial Dr., New Hartford, NY 
**Sale of Tobacco product to a minor.

*Smoke & Vapor located on 11 E Broadway Suite 7B, New York, NY 
**Sale of Tobacco product to a minor & Failure to post proper signage.

*Family Dollar located on 1256 Albany St., Utica, NY 
**Sale of Tobacco product to a minor & Failure to post proper signage.

*Family Dollar located on 1000 Court St., Utica, NY 
**Sale of Tobacco product to a minor.

*Circle K located on 1510 Main St., Sylvan Beach, NY 
**Sale of Tobacco product to a minor.

Since April 2019, the Violations found were as follows:

* Anticosti Beer and Beverage, 1124 Erie Blvd West, Rome
** Required sign not posted

* Bills Variety, 504 West Thomas Street, Rome
** Required sign not posted

* Bloomfield Market, 104 East Bloomfield Street, Rome
** Required sign not posted

* Hannaford Supermarket, 55 Meadow Street, Clinton
** Sale of tobacco product to a minor

* New England Style Market, 4644 Rome Taberg Road, Taberg
** Sale of tobacco product to a minor

* Whiskey Jack’s Salon for Men, 8469 Seneca Turnpike, New Hartford
** Sale of tobacco product to a minor
** Required sign not posted