New York Public Health Code § 1399-HH

Tobacco and vapor product enforcement
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§ 1399-hh. Tobacco and vapor product enforcement. The commissioner\nshall develop, plan and implement a comprehensive program to reduce the\nprevalence of tobacco use, and vapor product, intended or reasonably\nexpected to be used with or for the consumption of nicotine, use\nparticularly among persons less than twenty-one years of age. This\nprogram shall include, but not be limited to, support for enforcement of\nthis article.\n  1. An enforcement officer, as defined in section thirteen hundred\nninety-nine-t of this chapter, may annually, on such dates as shall be\nfixed by the commissioner, submit an application for such monies as are\nmade available for such purpose. Such application shall be in such form\nas prescribed by the commissioner and shall include, but not be limited\nto, plans regarding random spot checks, including the number and types\nof compliance checks that will be conducted, and other activities to\ndetermine compliance with this article. Each such plan shall include an\nagreement to report to the commissioner: the names and addresses of\ntobacco retailers and vendors and vapor products dealers determined to\nbe unlicensed, if any; the number of complaints filed against licensed\ntobacco retail outlets and vapor products dealers; and the names of\ntobacco retailers and vendors and vapor products dealers who have paid\nfines, or have been otherwise penalized, due to enforcement actions.\n  2. The commissioner shall distribute such monies as are made available\nfor such purpose to enforcement officers and, in so doing, consider the\nnumber of licensed vapor products dealers and retail locations\nregistered to sell tobacco products within the jurisdiction of the\nenforcement officer and the level of proposed activities.\n  3. Monies made available to enforcement officers pursuant to this\nsection shall only be used for local tobacco and vapor product, intended\nor reasonably expected to be used with or for the consumption of\nnicotine, enforcement activities approved by the commissioner.\n

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