Vending Machines and New York State's Youth Access Tobacco Control Laws (Public Health Law Article 13-F)

A Guide for Tobacco Merchants

This guide is for informational purposes only. A full copy of the law can be obtained from your local enforcement officer.

Why the Law Was Enacted

This law was enacted to help stop the sale of tobacco products, herbal cigarettes, electronic cigarettes, liquid nicotine, and rolling papers and other smoking paraphernalia to anyone under twenty-one (21) years of age. Tobacco products include cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, shisha, and any other tobacco product. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco. Electronic cigarettes are electronic devices that deliver vapor which is inhaled, and include any refill, cartridge, and any other component of such device. Liquid nicotine, also known as electronic or e-liquid, is a liquid composed of nicotine and other chemicals. Vapor products include noncombustible liquids or gels for use in a vaping devise, regardless of the presence of nicotine.

How Does the Law Affect Vending Machines?*

Tobacco products, herbal cigarettes, and electronic cigarettes, including vapor products, may not be sold from vending machines to persons less than twenty-one (21) years of age. Vending machines used to dispense tobacco products, herbal cigarettes, or electronic cigarettes, including vapor products, can be located only in:

• bars or the bar area of restaurants
• private clubs
• tobacco businesses (primary activity is the sale of tobacco products and accessories)
• places of employment, as long as an insignificant portion of the workforce (if any) is under twenty-one (21) and the machine is not accessible to the general public.

The vending machine must be in plain view and under direct supervision and control of the person in charge of the location or his/her designee. Vestibules and entranceways are not considered to be areas under direct supervision.

*Federal regulations restrict vending machine sales of these products to adult-only facilities.

How to Comply With the Law

1. Do not sell tobacco products or herbal cigarettes in your vending machine unless it has a valid Certificate of Registration sticker to sell cigarettes or tobacco from the State Department of Taxation and Finance.
2. Do not sell vapor products in your vending machine unless it has a valid Certificate of Registration sticker to sell vapor products from the State Department of Taxation and Finance.
3. Only sell tobacco, herbal cigarettes, or electronic cigarettes, including vapor products, to people who are twenty-one (21) years old or older. If you are not sure of the person's age, you can check his/her ID that is issued by the government. Examples of acceptable IDs are a valid driver's license or non-driver's ID issued by a state or other accepted government agency, a military ID or a passport. ID cards issued by colleges are not acceptable.
4. Do not sell vapor products intended or reasonably expected to be used with or for the consumption of nicotine with a characterizing flavor, with the exception of tobacco flavor, imparted either prior to or during consumption (effective May 18, 2020).
5. Locate the vending machine in an area where it is always in plain view and under direct supervision. One way to ensure that minors do not purchase tobacco from the vending machine is to use a locking device or similar means on the machine so you can monitor the age of people making purchases.
6. 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 PARAPHERNELIA, TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
   
7. Do not sell single cigarettes, sometimes referred to as "loosies" or "singles". All cigarettes must be sold in the manufacturer's packaging.
8. Minimum package size requirements prohibit the manufacture, sale or distribution of any package or other container of cigarettes containing fewer than 20 cigarettes; any package of roll-your-own tobacco containing less than 0.6 ounces of tobacco; or any package of cigarette wrapping papers, wrapping leaves or tubes containing fewer than 20 sheets, leaves or tubes.
9. "Bidis" or "beedies" and/or gutka can only be sold at tobacco businesses. These businesses must post an additional sign* that reads: "SALE OF BIDIS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." and/or "SALE OF GUTKA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW."
10. Do not post advertisements related to tobacco and vapor products, electronic cigarettes, and paraphernalia on store fronts and exterior doors and windows on stores located within 1,500 feet of a school (500 feet in New York City), effective July 1, 2020. 

*Signs are available from your local enforcement officer.

Enforcement of the Youth Access Tobacco Control Laws

The local designated enforcement officer works for the state or county Department of Health or New York City Department of Consumer Affairs. The enforcement officers routinely visit businesses that sell tobacco and vapor products to determine if they are in compliance with the law. The visits may include one or more of the following.

• Checking the location and supervision of vending machines.
• Having underage youth attempt to purchase tobacco products, herbal cigarettes, or electronic cigarettes, including vapor products.
• Verifying that flavored vapor products, restricted under the law, are not available for sale. 
• Verifying that the vending machine has a current tobacco and/or vapor product registration sticker.*
• Checking for minimum package size requirements.
• Looking for the proper signage, as described above.
• Checking that bidis and gutka are sold only at tobacco businesses.
• Verifying that businesses located within 1,500 feet of a school (500 feet in New York City) have no posted advertisements related to tobacco and vapor products, electronic cigarettes, and paraphernalia on store fronts and exterior doors and windows. 

*If the vending machine does not have an up-to-date tobacco and/or vapor product registration sticker, the name and address of its location will be reported to the Commissioner of Taxation and Finance for investigation.

What Are the Penalties For Violating the Law?

If your business is found in violation of the law, the enforcement officer will serve you a violation notice to appear for a hearing. If a violation(s) is sustained as a result of a hearing or an agreement where you admit to the violation(s), the enforcement officer will impose a fine and a surcharge for each violation. The New York State Department of Taxation and Finance and, if you are a lottery agent, the New York Lottery, will be notified that you were found in violation. Depending on previous violations, these departments will then suspend or revoke your registration(s) or license(s) according to the law.

The sale of bidis or gutka from a non-tobacco business will result in a fine of up to $500.

The sale of flavored vapor products restricted under the law will result in a fine of up to $100 for each individual package of flavored vapor product sold or offered for sale.

Violation For Sales To Individuals Under 21 Years Of Age

Whenever a violation is sustained against you for a sale of tobacco or other age-restricted product to an individual under 21 years of age, besides imposing the payments of a fine and a surcharge, you will be assigned two points, unless you demonstrate that at the time of the sale, the seller possessed a valid certificate from a State certified tobacco sales training program². In that case, only one point will be assigned. Points will remain on your record for 36 months, unless your registration is suspended.

If you are assigned three or more points, your registration to sell tobacco products and herbal cigarettes and/or vapor products and, if you are a lottery agent, your lottery license, will be suspended for one year. When the suspension ends, three points will be removed from your record. Any remaining points will count as the basis toward another suspension.

Whenever any points are assigned to a retail tobacco dealer and/or vapor products dealer, at least two re-inspections will be conducted each year, until the points are removed.

If you have been found guilty of ANY four violations of this law within a three-year period, the enforcement officer will direct the one-year revocation of your registration to sell tobacco products and herbal cigarettes and/or vapor products, and of your lottery license, if you have one. This will occur in addition to imposing a fine and a surcharge, and even if points were assigned for any sales to an individual under 21 years of age.

Fine and Penalties

For sales to individuals under 21 years of age or other violations of the law not noted above

First violation

• Fines from $300 to $1,500.

Subsequent violations

• Fines from $1,000 to $2,500.

Violation while your tobacco and/or vapor product registration is suspended or revoked

• Fine of $2,500
• Tobacco and/or vapor product registration permanently revoked, and you will not be allowed to obtain a new registration to sell tobacco and/or vapor products and herbal cigarettes

All violations

• A $250 surcharge for each violation.
• Violations will be published in a local newspaper.

Check Your Local Laws and Regulations

Some local governments have enacted local laws regulating the sale of tobacco products, herbal cigarettes, electronic cigarettes, vapor products, and other products. In these cases, the stricter law (state or local) must be followed.

For Questions On New York State's Youth Access Tobacco Control Laws:

Contact your local enforcement officer, or write or call:

Center for Environmental Health
Bureau of Community Environmental Health & Food Protection
Empire State Plaza-Corning Tower, Room 1395
Albany, New York 12237

(518) 402-7600

For Questions About Tobacco Registration Requirements:

New York State Department of Taxation and Finance 518-457-5735