Tobacco and Vape Vendor Requirements to Protect Minors

The New York State Tobacco Control Law (Public Health Law 13-F) prohibits:

  • The sale of flavored nicotine-containing vapor products to anyone
  • The sale of tobacco and vapor products to anyone under 21 years old

Products include:

  • Cigarettes, herbal cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, shisha, and any other tobacco products
  • Smoking paraphernalia including rolling papers and pipes
  • Any vape products regardless of the presence of nicotine, including any refill cartridges or other components

Requirements

  • Do not sell tobacco or vape products to anyone under 21 years old
  • Request valid proof of age from anyone who looks under 25 years old. Proof must be a valid driver's license or non-driver's ID issued by a state or other government agency, or the U.S. armed forces, or a valid passport. ID cards issued by colleges are not acceptable.
  • Do not sell flavored vape products
  • Keep all tobacco and vape products behind a counter accessible only to employees or in a locked container
  • Only smoke shops and other tobacco businesses that primarily sell tobacco products may sell bidis and gutka
  • Post a sign that your customers can easily see that reads: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
  • Businesses that sell bidis and gutka must also post a sign that reads: "SALE OF BIDIS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." and "SALE OF GUTKA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW."
  • All cigarettes must be sold in the manufacturer's original packaging
  • You may not sell:
    • Single cigarettes (loosies or singles)
    • Packages containing fewer than 20 cigarettes
    • Packages of roll-your-own tobacco containing less than 0.6 ounces of tobacco
    • Packages of cigarette wrapping papers, wrapping leaves or tubes containing fewer than 20 items
  • Do not display tobacco and vape product paraphernalia or advertisements on store fronts that are within 1,500 feet of a school (500 feet in New York City)
  • Do not distribute tobacco or vape products free of charge
  • Do not use or accept coupons, vouchers, rebates, or other methods charging less than a tobacco or vape product’s listed price
  • Pharmacies, including those within other stores, are prohibited from selling tobacco and vape products
  • Businesses must comply with all local laws regulating the sale of tobacco, vape other restricted products and these must be at least as strict as New York State Laws

Enforcement

An enforcement officer will inspect businesses that sell tobacco and vape products. Inspections may include:
  • Having an underage person attempt to buy tobacco, vape or other age-restricted product
  • Confirming that appropriate proof of age is checked when someone who looks younger than 25 years old tries to buy products
  • Attempting to buy out of package (loose) cigarettes
  • Checking minimum package size requirements
  • Checking that tobacco, vape, and other age-restricted products are behind a counter or in a locked container
  • Verifying that flavored vapor products are not available
  • Verifying that the business has current tobacco and vape registration(s) from the State Department of Taxation and Finance
  • Verifying that a business with a suspended or revoked registration is not selling tobacco or vape products
  • Checking that bidis or gutka are only sold at registered tobacco businesses
  • Verifying that valid signs are visibly posted
  • Verifying that businesses within 1,500 feet of a school (500 feet in New York City) have no paraphernalia or advertisements for tobacco/vape products in store fronts

Penalties, Fines and Violations

  • Businesses out of compliance with regulations will be fined
  • Businesses will also be given points for the sale of restricted products to anyone under 21 years old
  • Businesses with three points will have their registration(s) to sell tobacco and vape products and lottery license (if applicable) suspended for one year
  • Businesses with four violations of the tobacco control law within three years will have their registration(s) to sell tobacco and vapor products and lottery license (if applicable) revoked for one year
  • All violations will be published. Businesses that sell tobacco and vape products without appropriate registration(s) will be reported to the Commissioner of the New York State Department of Taxation and Finance for investigation
  • At least two re-inspections will be conducted each year until all points are removed
  • Up to three points are removed after three years, or after a one-year suspension of a business’ certificate of registration

Violations

  • First violation: $300 to $1,500
  • After the first violation: $1,000 to $2,500
  • Two points for selling products to anyone under 21, when the seller lacks a valid certificate of tobacco sale training at the time of sale
  • One point for selling products to anyone under 21, when the seller has a valid certificate of tobacco sale training at the time of the sale

Other Penalties and Charges

  • $250 surcharge for each violation
  • Up to $500 for the sale of bidis or gutka in a non-tobacco business
  • Up to $100 for each individual package of flavored vape products
  • Permanent loss of your registration(s) and $2,500 violation for selling with a suspended or revoked registration

Questions about Public Health Law Article 13-F

  • New York State Department of Health

Questions about Tobacco and Vape Registration Requirements

  • New York State Department of Taxation and Finance