[Adopted 10-2-2018 by L.L. No. 11-2018]
A.
The Putnam County Legislature hereby finds as follows:
(1)
Approximately 96% of smokers begin smoking before age 21 with most
beginning before age 16. Smokers frequently transition from experimentation
to addiction between the ages of 18 and 21; and
(2)
Youth get their cigarettes from social sources, most of whom are
peers aged 18 to 21. Today, there are more eighteen- and nineteen-year-olds
in high school than in past years, thus, permitting tobacco product
sales to eighteen- or nineteen-year-olds no longer makes sense; and
(3)
Few twenty-one-year-olds travel within high school social circles;
thus, raising the minimum consumer age for tobacco product sales to
age 21 will effectively remove this critical source of tobacco, thereby
delaying or preventing smoking initiation; and
(4)
Evidence shows the younger the age of initiation, the greater the
risk of nicotine addiction, heavy daily smoking, and difficulty quitting;
and
(5)
Adolescents are particularly susceptible to the "rewarding" effects
of nicotine. In fact, nicotine addiction, which can develop at low
levels of exposure, well before established daily smoking, causes
three out of four young smokers to continue smoking into adulthood,
even if they intended to quit after a few years; and
(6)
Findings by the New York State Department of Health confirm that
electronic cigarettes (e-cigarettes), which heat a solution of liquid
nicotine flavorings and other chemicals to create an aerosol that
is inhaled, are the most commonly used tobacco product among youth
in New York. In fact, e-cigarette use among New York youth doubled
from 2014 to 2016 and is now triple the rate of e-cigarette use among
New York adults; and
(7)
E-cigarette use does not prevent or "protect" youth from smoking.
Most of the e-liquids used in e-cigarettes contain nicotine, the highly
addictive compound in all tobacco products that is not harmless and
may be particularly problematic to young people; and
(8)
Recent studies indicate that the brain continues to develop until
approximately age 25, particularly in ways that affect impulsivity,
addiction and decision making; and
(9)
Delaying smoking initiation reduces the likelihood of ever starting,
reduces the number of regular smokers, and lessens the immediate,
mid-and long-term health effects of smoking to an individual.
B.
Therefore, the Putnam County Legislature declares the intent and
purpose of this article is to improve the public health and well-being
of the County's youth, such that it is necessary to prohibit
the sale of tobacco products to an individual under 21 years of age
and, in turn, prevent young adults from becoming addicted adult smokers
and avoid the associated serious health consequences that follow.
C.
Unless otherwise noted herein, Article 13-F of the New York State
Public Health Law shall apply.
As used in this article, the following terms shall have the
meanings indicated:
Any product that is intended or reasonably expected to be
used with or for the human consumption of a tobacco product or electronic
aerosol delivery system; does not contain tobacco and is not made
or derived from tobacco; and meets either of the following: is not
intended or reasonably expected to affect or alter the performance,
composition, constituents, or characteristics of a tobacco product
or electronic aerosol delivery system; or is intended or reasonably
expected to affect or maintain the performance, composition, constituents,
or characteristics of a tobacco product or electronic aerosol delivery
system but solely controls moisture and/or temperature of a stored
tobacco product or electronic aerosol delivery system; or solely provides
an external heat source to initiate but not maintain combustion of
a tobacco product. "Accessory" includes, but is not limited to, carrying
cases, lanyards and holsters.
Any software or assembly of materials intended or reasonably
expected to alter or affect the tobacco product's or electronic
aerosol delivery system's performance, composition, constituents,
or characteristics; or to be used with or for the human consumption
of a tobacco product or electronic aerosol delivery system. "Component
or part" excludes anything that is an accessory, and includes, but
is not limited to e-liquids, cartridges, certain batteries, heating
coils, programmable software, rolling papers, and flavorings for tobacco
products or electronic aerosol delivery systems.
The Putnam County Health Department.
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not such aerosol contains nicotine.
"Electronic aerosol delivery system" includes any component or part
but not accessories, and any liquid or other substance to be aerosolized,
whether or not separately sold. "Electronic aerosol delivery system"
does not include drugs, devices, or combination products authorized
for sale by the state or U.S. Food and Drug Administration, as those
terms are defined in the Federal Food, Drug and Cosmetic Act.
Any natural person, company, corporation, firm, partnership,
business, organization, or other legal entity.
Any product made or derived from tobacco or which contains
nicotine, marketed or sold for human consumption, whether consumption
occurs through inhalation, or oral or dermal absorption. "Tobacco
product" includes any component or part, but not accessories. "Tobacco
product" does not include drugs, devices, or combination products
authorized for sale by the state or U.S. Food and Drug Administration,
as those terms are defined in the Federal Food, Drug and Cosmetic
Act.
No person shall sell any tobacco product, electronic aerosol
delivery system, or other product regulated by Article 13-F of New
York State Public Health Law to individuals who are between the ages
of 18 and 21 years of age.
Sales by a person of any tobacco product, electronic aerosol
delivery system, or any other product regulated by New York State
Public Health Law Article 13-F shall be made only to an individual
who demonstrates through the processes contained in New York State
Public Health Law Article 13-F § 1399-cc(3), as the same
may be amended from time to time, that the purchaser is of 21 years
of age or older.
Any person operating a place of business wherein any tobacco
product, electronic aerosol delivery system, or any other product
regulated by New York State Public Health Law Article 13-F, is sold
or offered for sale shall post in a conspicuous place a sign upon
which there shall be imprinted the following statement: "SALE OF CIGARETTES,
CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO
PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,
ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER 21 YEARS
OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white
card in red letters at least 1/2 inch in height.
A.
The Department or its authorized designee(s) shall enforce the provisions
of this article. The Department may conduct periodic inspections in
order to ensure compliance with this article.
B.
Any person who violates any provision of this article shall be guilty
of a violation punishable by a fine of a minimum of $300, but not
to exceed $1,000 for a first violation, and a minimum of $500, but
not to $1,000 for each subsequent violation. Each day on which a violation
occurs shall be considered a separate and distinct violation.
C.
Violations of this article shall be separate from, where applicable,
any penalty provided for under New York State Public Health Law §§ 1399-ee
through 1399-ff unless such penalty is expressly provided for herein.
The Department may issue and amend rules, regulations, standards,
guidelines, or conditions to implement and enforce this article.
If any provision, clause, sentence or paragraph of this article
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this article which can be given effect without the valid provision
or application, and to this end, the remaining provisions of this
article are declared to be valid.
This article shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Putnam. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations, have been enacted for purposes of triggering the provisions
of this section.
