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Tobacco

Department of Behavioral & Community Health

SmokeFree Dutchess
 

New York State’s Adolescent Tobacco-Use Prevention Act (ATUPA)

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The Dutchess County Department of Behavioral & Community Health (DBCH) is responsible for enforcing Article 13-F of the New York State Public Health Law and Article 25 of the Dutchess County Sanitary Code.  Both Article 13-F, also known as the Adolescent Tobacco-Use Prevention Act (ATUPA), and Article 25 strictly prohibit the sale of tobacco products*, herbal cigarettes, rolling papers, and pipes to ANYONE under the age of 18.  With amendments made to Article 13-F, the ATUPA law also now prohibits the sale of shisha, smoking paraphernalia (including hookahs and water pipes), electronic cigarettes, and liquid nicotine to minors. By law, these age-restricted products may only be sold to those individuals who are able to demonstrate, through an acceptable form of identification, that they are at least 18 years of age.

In accordance with the ATUPA law, the DBCH is required to post, on a quarterly basis, the names and addresses of businesses that have sold age-restricted tobacco or tobacco-related products to minors.

 

Permits

NYS Public Health Law Article 13-F and DC Sanitary Code Article 25 also establish permit requirements for businesses that sell tobacco products.

All tobacco retail vendors in New York State are required to obtain a Retail Dealer Certificate of Registration for Cigarettes and/or Tobacco Products (DTF 716 or DTF 719-MN) from the New York State Department of Taxation and Finance (DTF). It is the vendor’s responsibility to ensure that this license is kept current and is posted within the facility.

In addition to the DTF registration, all tobacco vendors in Dutchess County are required to obtain a Dutchess County Permit to Sell or Distribute Tobacco Products. In order to process the Dutchess County tobacco permit application, vendors must possess a valid DTF registration prior to applying for the local permit. It is the tobacco vendor’s responsibility to ensure that their Dutchess County Department of Behavioral & Community Health (DBCH) tobacco permit is current and is posted within the facility.
 

Electronic cigarette vendors are also required to obtain a Dutchess County tobacco permit; electronic cigarette vendors are not required to obtain a DTF license, however.

On June 22, 2010, new federal restrictions on tobacco product sales and marketing went into effect that prohibit all tobacco product vending machines, except in adult-only facilities.  In accordance with the new regulations, vending machines that are located in places where persons under 18 years of age may be present (such as in a restaurant with a bar) are no longer allowed and must be removed.  For tobacco product vending machines that are located in adult-only facilities, a valid DTF Certificate of Registration as well as a tobacco permit issued by the Dutchess County Department of Behavioral & Community Health (DBCH) are still required.  Both licenses must be posted on the vending machine and kept current.

The Dutchess County Department of Behavioral & Community Health (DBCH) tobacco retail permit IS NOT transferable. When a business is sold, the new owner must apply for a new permit with the DBCH after obtaining a new Certificate of Registration from the NYS Department of Taxation and Finance.

Private clubs are exempt from local tobacco permit requirements.

 


Compliance Checks

Representatives from the Dutchess County Department of Behavioral & Community Health (DBCH) conduct routine compliance checks at all businesses that sell tobacco products within Dutchess County.  These businesses include, but are not limited to, convenience stores, gas stations, grocery stores, delicatessens, and establishments with cigarette vending machines.

The primary purpose of these routine visits is to determine if tobacco vendors are in compliance with state and local laws.  In addition to using an underage youth to verify that a business is not selling tobacco products or herbal cigarettes to minors, one or more of the following items may also be checked during an inspection:

 

  • That bidis (small, hand-rolled cigarettes wrapped in temburni or tendu leaves containing small amounts of low-grade tobacco) are only being sold at tobacco businesses.
  • Minimum package size requirements are met; single cigarettes, sometimes referred to as “loosies” or “singles”, are not sold.
  • All tobacco products and herbal cigarettes are kept behind a counter in an area accessible only to employees, or they are in a locked display case or cabinet.  These restrictions do not apply to tobacco businesses or to places where persons under eighteen years of age are not admitted.
  • Vending machines are in plain view and under the direct supervision and control of the person in charge of the location or a designee.
  • All applicable signs, including the New York State Department of Taxation and Finance Tobacco Registration and the Dutchess County Tobacco Permit, are posted and visible to customers.

 

Vendors who are cited during compliance checks for violations of NYS Public Health Law Article 13-F or Dutchess County Sanitary Code Article 25 (including tobacco sales to minors, self-service violations, and out-of-package sales) are subject to enforcement action.

 

Clean Indoor Air Act

Effective July 24, 2003, the amended New York State Clean Indoor Air Act (Public Health Law, Article 13-E) prohibits smoking in virtually all workplaces, including restaurants and bars. Additionally, Dutchess County’s local clean indoor air law, which went into effect on January 1, 2003, prohibits smoking in most indoor and enclosed outdoor public places.

 

Complaints

The public may direct any tobacco-related concerns to the Dutchess County Department of Behavioral & Community Health (DBCH) Tobacco Enforcement section at 845.486.3404.

 

Further Information

 

 

* Tobacco products include, but are not limited to, cigarettes, cigars, bidis, chewing tobacco, and powdered tobacco.

 

 

A. K. Vaidian, MD, MPH,Commissioner of Behavioral & Community Health A. K. Vaidian, MD, MPH
Commissioner of Behavioral & Community Health
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