STATE OF NEW YORK
________________________________________________________________________
S. 592--A A. 389--A
Cal. No. 190
2019-2020 Regular Sessions
SENATE - ASSEMBLY(Prefiled)
January 9, 2019
___________
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report
IN ASSEMBLY -- Introduced by M. of A. GALEF, ORTIZ, JAFFEE, DINOWITZ,
SIMON, BUCHWALD, D'URSO, GLICK, RIVERA, L. ROSENTHAL, BLAKE, MONTESANO
-- read once and referred to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to enacting the
"tobacco-free pharmacies act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Tobacco-Free Pharmacies Act".
3 § 2. The public health law is amended by adding a new section
4 1399-mm-1 to read as follows:
5 § 1399-mm-1. Sale of tobacco products in pharmacies. 1. No tobacco
6 products, herbal cigarettes, vapor products, or electronic cigarettes
7 shall be sold in a pharmacy or in a retail establishment that contains a
8 pharmacy operated as a department as defined in paragraph f of subdivi-
9 sion two of section sixty-eight hundred eight of the education law.
10 2. The commissioner shall have sole jurisdiction to enforce the
11 provisions of this section.
12 3. If a violation is suspected by the commissioner, notice shall be
13 given and a hearing shall occur to determine if a violation has
14 occurred. The hearing shall be conducted pursuant to the provisions of
15 section twelve-a of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00256-03-9
S. 592--A 2 A. 389--A
1 4. If the commissioner determines after a hearing that a violation of
2 this section has occurred, a civil penalty may be imposed by the commis-
3 sioner in an amount not to exceed two thousand dollars per violation. No
4 other penalty, fine or sanction may be imposed, provided that nothing in
5 this section shall be construed to prohibit the commissioner from
6 commencing a proceeding for injunctive relief to compel compliance with
7 this section.
8 § 3. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.