NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5976
SPONSOR: Jackson TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of tobacco products and vapor products within five hundred feet of
a public or private school
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to prohibit the sale of tobacco products and
vapor products within five hundred feet of a public or private school.
SUMMARY OF PROVISION:
Section one of the bill amends the public health law by adding a new
section to restrict the sale of tobacco and vapor products Within five
hundred feet of public or private school. This section also dictates the
measurements of the five hundred feet are to be taken in straight lines
from the nearest point that the property line of the land the school is
located on to the nearest property line on the land the business is
located. Violations of this section will be enforced in accordance with
section thirteen hundred ninety nine-ff of this article. Although anyone
can submit a complaint to law enforcement that a violation has occurred.
JUSTIFICATION:
The intensity of e-cigarette use is increasing and the age at which
youth begin to smoke is decreasing. This can be attributed to the preda-
tory advertising practices of e-cigarette and tobacco companies, the
strategic placement of smoke shops and the harmful promotion of smoking
on social media. This bill would prohibit shops that sell tobacco or
vape products from being within five hundred feet of a school, which
could help reduce the normalization of smoking for children and teens
and prevent the predatory placement of smoke shops to help keep school
aged youth safe from the pressures of smoking.
PRIOR LEGISLATIVE HISTORY:
2024- A9224 - referred to Health / S8817 - referred to Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it has
become law.
STATE OF NEW YORK
________________________________________________________________________
5976
2025-2026 Regular Sessions
IN ASSEMBLY
February 25, 2025
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of tobacco products and vapor products within five hundred feet
of a public or private school
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1399-cc-1 to read as follows:
3 § 1399-cc-1. Sale of tobacco products and vapor products;
4 restrictions. 1. No tobacco product or vapor product shall be sold with-
5 in five hundred feet of any public or private school.
6 2. The measurements in subdivision one of this section are to be taken
7 in straight lines from the nearest point of the property line of the
8 parcel on which the school is located to the nearest point of the prop-
9 erty line of the parcel on which the business is located.
10 3. Violations of this section shall be enforced pursuant to section
11 thirteen hundred ninety-nine-ff of this article, except that any person
12 may submit a complaint to an enforcement officer reporting that a
13 violation of this section has occurred.
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05163-01-5
