§ 1399-mm-2. Sale in pharmacies. 1. No tobacco product, herbal\ncigarette, or vapor product intended or reasonably expected to be used\nwith or for the consumption of nicotine, shall be sold in a pharmacy or\nin a retail establishment that contains a pharmacy operated as a\ndepartment as defined by paragraph f of subdivision two of section\nsixty-eight hundred eight of the education law. Provided, however, that\nsuch prohibition on the sale of tobacco products, herbal cigarettes, or\nvapor products intended or reasonably expected to be used with or for\nthe consumption of nicotine, shall not apply to any other business that\nowns or leases premises within any building or other facility that also\ncontains a pharmacy or a retail establishment that contains a pharmacy\noperated as a department as defined by paragraph f of subdivision two of\nsection sixty-eight hundred eight of the education law.\n 2. The commissioner shall have sole jurisdiction to enforce the\nprovisions of this section. The commissioner shall have the power to\nassess penalties in accordance with section twelve of this chapter and\npursuant to a hearing conducted in accordance with section twelve-a of\nthis chapter. Nothing in this section shall be construed to prohibit the\ncommissioner from commencing a proceeding for injunctive relief to\ncompel compliance with this section.\n
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