N.Y. Public Health Law § 1399-hh: Tobacco and vapor product enforcement

§ 1399-hh. Tobacco and vapor product enforcement. The commissioner

shall develop, plan and implement a comprehensive program to reduce the

prevalence of tobacco use, and vapor product, intended or reasonably

expected to be used with or for the consumption of nicotine, use

particularly among persons less than twenty-one years of age. This

program shall include, but not be limited to, support for enforcement of

this article.

1. An enforcement officer, as defined in section thirteen hundred

ninety-nine-t of this chapter, may annually, on such dates as shall be

fixed by the commissioner, submit an application for such monies as are

made available for such purpose. Such application shall be in such form

as prescribed by the commissioner and shall include, but not be limited

to, plans regarding random spot checks, including the number and types

of compliance checks that will be conducted, and other activities to

determine compliance with this article. Each such plan shall include an

agreement to report to the commissioner: the names and addresses of

tobacco retailers and vendors and vapor products dealers determined to

be unlicensed, if any; the number of complaints filed against licensed

tobacco retail outlets and vapor products dealers; and the names of

tobacco retailers and vendors and vapor products dealers who have paid

fines, or have been otherwise penalized, due to enforcement actions.

2. The commissioner shall distribute such monies as are made available

for such purpose to enforcement officers and, in so doing, consider the

number of licensed vapor products dealers and retail locations

registered to sell tobacco products within the jurisdiction of the

enforcement officer and the level of proposed activities.

3. Monies made available to enforcement officers pursuant to this

section shall only be used for local tobacco and vapor product, intended

or reasonably expected to be used with or for the consumption of

nicotine, enforcement activities approved by the commissioner.