[Adopted 5-14-2018 by L.L. No. 1-2018]
This Legislature finds that cigarettes, tobacco products and
electronic cigarettes contain nicotine and various carcinogens and
toxic chemicals that present a public health risk to residents of
Albany County.
There exists conclusive evidence that tobacco smoking causes
cancer, cardiovascular disease, myocardial infarction, asthma and
other respiratory diseases, negative birth outcomes, hypertension
and irritation to the eyes, nose and throat.
In New York State, smoking kills 28,000 adults per year and
750,000 adults live with serious smoking-related illnesses. Nationally,
480,000 people die each year from smoking and another 41,000 from
secondhand smoke exposure, bringing the total to over half a million.
The U.S. Department of Health and Human Services has concluded
that nicotine is as addictive as cocaine or heroin.
In July of 2009, the Pharmacist Society of the State of New
York (PSSNY) House of Delegates passed a resolution supporting efforts
to end the sale of tobacco products in pharmacies.
The co-location of the sale of products that are deadly and
addictive when used as directed runs counter to the services provided
by pharmacists to improve health. Studies show that when pharmacies
have stopped selling tobacco products, tobacco sales in the affected
area have declined significantly. Also, easy access to tobacco retailers
makes it harder for smokers to quit, particularly in low-income areas.
Accordingly, in order to promote the health, safety and well
being of Albany County residents, the purpose of this article is to
prohibit the sale of tobacco and other nicotine delivery products
in pharmacies and retail establishments containing a pharmacy in the
County of Albany.
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; does not contain
tobacco and is not made or derived from tobacco; and meets either
of the following:
"Accessory" includes, but is not limited to, carrying cases,
lanyards and holsters.
The Albany County Commissioner of Health.
The Albany County Department of Health.
An electronic device that, when activated, produces an aerosol
that may be inhaled. "Electronic aerosol delivery system" includes
any component or part but not accessory, 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 place registered as a pharmacy pursuant to New York State
Education Law § 6802. This includes facilities and retailers
that maintain a pharmacy within their establishment.
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 but is not limited to smoking paraphernalia and
any component, part or accessory of a tobacco product, whether or
not the product contains nicotine. "Tobacco product" does not include
drugs, devices or combination products authorized for sale by the
U.S. Food and Drug administration, as these terms are defined in the
Federal Food, Drug and Cosmetic Act.
No pharmacy located in the County of Albany shall sell or cause
to be sold tobacco products or electronic aerosol delivery systems.
A.
The Commissioner shall have sole jurisdiction to enforce the provisions
of this article.
B.
If the Commissioner determines, after notice and a hearing, that a violation of § 242-21 of this article has occurred, the Commissioner may impose a civil penalty of up to $500 for each day the pharmacy remains in violation of this article. Nothing herein shall be construed to prohibit the Commissioner from commencing a proceeding for injunctive relief to compel compliance with this article.
C.
The Albany County Attorney may bring an action in the name of Albany
County or the Albany County Commissioner of Health to recover the
civil penalty provided by this article in any court of competent jurisdiction.
No person or employer shall discharge, refuse to hire, refuse
to serve or in any manner retaliate or take any adverse personnel
action against any employee, applicant, customer or person because
such employee, applicant, customer or person takes any action in furtherance
of the enforcement of this article.
This article shall be effective three months after filing with
the Office of the Secretary of State in order to allow affected businesses
to liquidate their product.
