N.Y. Public Health Law § 1399-mm-2: Sale in pharmacies

§ 1399-mm-2. Sale in pharmacies. 1. No tobacco product, herbal

cigarette, or vapor product intended or reasonably expected to be used

with or for the consumption of nicotine, shall be sold in a pharmacy or

in a retail establishment that contains a pharmacy operated as a

department as defined by paragraph f of subdivision two of section

sixty-eight hundred eight of the education law. Provided, however, that

such prohibition on the sale of tobacco products, herbal cigarettes, or

vapor products intended or reasonably expected to be used with or for

the consumption of nicotine, shall not apply to any other business that

owns or leases premises within any building or other facility that also

contains a pharmacy or a retail establishment that contains a pharmacy

operated as a department as defined by paragraph f of subdivision two of

section sixty-eight hundred eight of the education law.

2. The commissioner shall have sole jurisdiction to enforce the

provisions of this section. The commissioner shall have the power to

assess penalties in accordance with section twelve of this chapter and

pursuant to a hearing conducted in accordance with section twelve-a of

this chapter. Nothing in this section shall be construed to prohibit the

commissioner from commencing a proceeding for injunctive relief to

compel compliance with this section.