N.Y. Public Health Law § 1399-ff: Enforcement

§ 1399-ff. Enforcement. 1. Where a civil penalty for a particular

incident has not been imposed or an enforcement action regarding an

alleged violation for a particular incident is not pending under section

thirteen hundred ninety-nine-ee of this article, a parent or guardian of

a person under twenty-one years of age to whom tobacco products, herbal

cigarettes or electronic cigarettes are sold or distributed in violation

of this article may submit a complaint to an enforcement officer setting

forth the name and address of the alleged violator, the date of the

alleged violation, the name and address of the complainant and the

person under twenty-one years of age, and a brief statement describing

the alleged violation. The enforcement officer shall notify the alleged

violator by certified or registered mail, return receipt requested, that

a complaint has been submitted, and shall set a date, at least fifteen

days after the mailing of such notice, for a hearing on the complaint.

Such notice shall contain the information submitted by the complainant.

2. With respect to any penalty imposed with respect to a complaint

under this section, an enforcement officer other than the department

shall use fifty percent of such penalty collected for educational

efforts administered by the board or a local school district for the

purposes of preventing adolescent tobacco use.

3. The enforcement officer shall promptly notify the commissioner of

taxation and finance and the director of the division of the lottery of

any determination, made after a hearing, that a violation of this

article has occurred together with a direction to such commissioner and

director with respect to any action to be taken concerning registration

under section four hundred eighty-a of the tax law and licensing under

section sixteen hundred seven of the tax law.