Tobacco
New York has been a leader in tobacco control policy development and implementation, with many strong and effective tobacco control policies currently in place at the state and local level. State laws related to tobacco include:
Taxes on cigarette and other tobacco products
At $2.75 per pack, New York's cigarette excise tax was last increased in 2008. New York's cigarette tax ranks 2nd highest among states. The tax on other tobacco products is 37% of wholesale value. Localities may levy their own tobacco taxes, but these local taxes must be approved by the state legislature. Currently, only New York City imposes a local tax on cigarettes at $1.50 per pack (for a total cigarette tax of $4.25). New York City's cigarette tax ranks 1st in the nation among municipalities.
Adolescent Tobacco Use Prevention Act
Enacted in 1992 and funded at $2.5 million in 1997, this law prohibits the sale of tobacco products to minors (under the age of 18). Penalties for illegal sales to minors include fines, loss of license to sell lottery tickets, and loss of license to sell tobacco products. Every licensed tobacco retailer is assessed annually for compliance with this law. The compliance rate is 91 percent. Municipalities may establish a higher minimum age of sale. Currently, Suffolk and Nassau Counties have established a minimum age of sale of 19.
Cigarette Fire Safety Act
Enacted in 2000 and implemented in 2004, the Cigarette Fire Safety Act requires manufacturers to certify that all cigarettes they offer for sale in New York meet a specific ignition propensity standard. New York was the first jurisdiction in the world to establish such a requirement. Cigarette-caused fires and cigarette-caused fire deaths have declined following implementateion of the law.
Placement of tobacco products in retail stores
New York law requires all tobacco products to be located within stores out of reach of consumers. Self-service displays are prohibited. Tobacco products must be located behind the counter or in a locked cabinet.
Licensing of tobacco retailers and wholesalers
Retailers must obtain a license to sell tobacco products annually at a cost of $1,000 to $5,000 per year based on the retailers' total gross sales during the prior year. The fee is $1,000 for total gross sales less than $1 million, $2,500 for total gross sales between $1 million and $10 million, and $5,000 for total gross sales over $10 million.
Shipping of cigarettes
This 2002 law makes it illegal for common carriers such as FedEx, UPS and DHL to ship cigarettes to New York addresses except to an address licensed to sell cigarettes. The US Postal Service is not regulated by this law.
Clean Indoor Air Act
Enacted in 1989 and amended in 2003, this law currently prohibits smoking of tobacco (herbal cigarettes are exempted) in nearly all public and work places. Exemptions are allowed for cigar bars in existence prior to December 31, 2002, and for organizations that do not have employees. Municipalities may enact local laws that are stronger than the state law. Rockland County has prohibited smoking in motor vehicles when children (under the age of 18) are present. Many municipalities have enacted smoking bans in outdoor areas such as playgrounds, parks, and beaches.
Cigarette Marketing Standards Act
Established in the mid-20th century, this act prohibits the sale of cigarettes below cost.
In addition to statutory policies, many organizations, enterprises and municipalities have adopted binding or nonbinding voluntary policies or resolutions prohibiting smoking in multi-unit housing complexes, prohibiting smoking or tobacco use on outdoor campus areas owned or controlled by a business (e.g., a hospital campus), prohibiting the acceptance of tobacco company funds or services, expressing opposition to point of purchase advertising or smoking in movies, as well as other issues.