Clean Indoor Air - Smoking/Adolescent Tobacco Control

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.
 
The following downloadable files are provided for information and use:
 
 
 
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. The required sign that retailers must post can be found here:

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:

1. 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;

2. complete at least one compliance check at all retail tobacco vendors in the enforcement officers jurisdiction during the 12 month period;

3. 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;

4. implement enforcement actions for vendors and owners of vending machines who fail compliance checks.
 

ATUPA Violations

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

Information:

Required Signs

NYS Certified Tobacco Sales Training Programs

For more information, please contact Oneida County Health Department Environmental Health at 315-798-6400.