N.Y. Public Health Law § 1399-kk: Annual tobacco and vapor product enforcement reporting

§ 1399-kk. Annual tobacco and vapor product enforcement reporting. The

commissioner shall submit to the governor and the legislature an interim

tobacco control report and annual tobacco control reports which shall

describe the extent of the use of tobacco products and vapor products,

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

of nicotine, by those under twenty-one years of age in the state and

document the progress state and local governments have made in reducing

such use among those under twenty-one years of age.

1. The interim tobacco control report. The commissioner shall submit

to the governor and the legislature an interim tobacco control report on

or before September first, nineteen hundred ninety-eight. Such interim

report shall, to the extent practicable, include the following

information on a county by county basis:

(a) number of licensed and registered tobacco retailers and vendors;

(b) the names and addresses of retailers and vendors who have paid

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

(c) the number of complaints filed against licensed and registered

tobacco retailers;

(d) the number of fires caused or believed to be caused by tobacco

products and deaths and injuries resulting therefrom;

(e) the number and type of compliance checks conducted; and

(f) such other information as the commissioner deems appropriate.

2. The commissioner shall submit to the governor and the legislature

an annual tobacco and vapor products, intended or reasonably expected to

be used with or for the consumption of nicotine, control report which

shall describe the extent of the use of tobacco products and vapor

products, intended or reasonably expected to be used with or for the

consumption of nicotine, by those under twenty-one years of age in the

state and document the progress state and local governments have made in

reducing such use among those under twenty-one years of age. The annual

report shall be submitted to the governor and the legislature on or

before March thirty-first of each year beginning on March thirty-first,

nineteen hundred ninety-nine. The annual report shall, to the extent

practicable, include the following information on a county by county

basis:

(a) number of licensed and registered tobacco retailers and vendors

and licensed vapor products dealers;

(b) the names and addresses of retailers and vendors who have paid

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

(c) the number of complaints filed against licensed and registered

tobacco retailers and licensed vapor products dealers;

(d) the number of fires caused or believed to be caused by tobacco

products and vapor products, intended or reasonably expected to be used

with or for the consumption of nicotine, and deaths and injuries

resulting therefrom;

(e) the number and type of compliance checks conducted;

(f) a survey of attitudes and behaviors regarding tobacco use among

those under twenty-one years of age. The initial such survey shall be

deemed to constitute the baseline survey;

(g) the number of tobacco and vapor product, intended or reasonably

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

estimated trends in tobacco and vapor product, intended or reasonably

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

those under twenty-one years of age;

(h) annual tobacco and vapor product, intended or reasonably expected

to be used with or for the consumption of nicotine, sales;

(i) tax revenue collected from the sale of tobacco products and vapor

products, intended or reasonably expected to be used with or for the

consumption of nicotine;

(j) the number of licensed tobacco retail outlets and licensed vapor

products dealers;

(k) the number of cigarette vending machines;

(l) the number and type of compliance checks;

(m) the names of entities that have paid fines due to enforcement

actions; and

(n) the number of complaints filed against licensed tobacco retail

outlets and licensed vapor products dealers.

The annual tobacco and vapor product, intended or reasonably expected

to be used with or for the consumption of nicotine, control report

shall, to the extent practicable, include the following information: (a)

tobacco and vapor product, intended or reasonably expected to be used

with or for the consumption of nicotine, control efforts sponsored by

state government agencies including money spent to educate those under

twenty-one years of age on the hazards of tobacco and vapor product,

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

of nicotine, use;

(b) recommendations for improving tobacco and vapor product, intended

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

nicotine, control efforts in the state; and

(c) such other information as the commissioner deems appropriate.