N.Y. Public Health Law § 1399-ii: Tobacco and vapor product use prevention and control program

§ 1399-ii. Tobacco and vapor product use prevention and control

program. 1. To improve the health, quality of life, and economic

well-being of all New York state citizens, there is hereby established

within the department a comprehensive statewide tobacco and vapor

product use prevention and control program.

2. The department shall support tobacco and vapor product use

prevention and control activities including, but not limited to:

(a) Community programs to prevent and reduce tobacco use through local

involvement and partnerships;

(b) School-based programs to prevent and reduce tobacco use and use of

vapor products;

(c) Marketing and advertising to discourage tobacco, vapor product and

liquid nicotine use;

(d) Nicotine cessation programs for youth and adults;

(e) Special projects to reduce the disparities in smoking prevalence

among various populations;

(f) Restriction of youth access to tobacco products and vapor

products;

(g) Surveillance of smoking and vaping rates; and

(h) Any other activities determined by the commissioner to be

necessary to implement the provisions of this section.

Such programs shall be selected by the commissioner through an

application process which takes into account whether a program utilizes

methods recognized as effective in reducing nicotine use. Eligible

applicants may include, but not be limited to, a health care provider,

schools, a college or university, a local public health department, a

public health organization, a health care provider organization,

association or society, municipal corporation, or a professional

education organization.

3. (a) There shall be established a tobacco use prevention and control

advisory board to advise the commissioner on tobacco use prevention and

control issues and vapor product use amongst persons less than

twenty-one years of age, including methods to prevent and reduce tobacco

use in the state.

(b) The board shall consist of seventeen members who shall be

appointed as follows: nine members by the governor; three members by the

speaker of the assembly; three members by the temporary president of the

senate and one member each by the minority leader of the senate and

minority leader of the assembly. Any vacancy or subsequent appointment

shall be filled in the same manner and by the same appointing authority

as the original appointment. The chairperson of the board shall be

designated by the governor from among the members of the board.

(c) The members shall serve for terms of two years commencing on the

effective date of this section. Members of the board shall receive no

compensation but shall be reimbursed for reasonable travel and other

expenses incurred in the performance of their duties hereunder.

(d) The board shall meet as often as it deems necessary, but no less

than four times a year. No nominee to the board shall have any past or

current affiliation with the tobacco industry, vapor products industry

or any industry, contractor, agent, or organization that engages in the

manufacturing, marketing, distributing, or sale of tobacco products. The

board shall be appointed in full within ninety days of the effective

date of this section.

(e) The department shall prepare and submit to the board a spending

plan for the tobacco and vapor product use prevention and control

program authorized pursuant to the provisions of subdivision one of this

section no later than thirty days after the submission of the budget to

the legislature.