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Adolescent Tobacco Use Prevention Act (ATUPA)
Enacted in 1992, this law prohibits the sale of tobacco products to individuals under the age of 21. Amendments to ATUPA have clarified and expanded the definition of tobacco products, which include cigarettes, loose cigarettes, cigars, bidis, gutka, chewing tobacco, powdered tobacco, nicotine water, herbal cigarettes, shisha, smoking paraphernalia and electronic cigarettes (e-cigarettes). 

Amendments to ATUPA in 2020, prohibits the sale of flavored vapor products with or for the consumption of nicotine in New York State.  “Flavored” means any vapor product intended or reasonably expected to be used with or for the consumption of nicotine, with a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption.  

The availability of flavors is largely responsible for the dramatic increase in the use of vapor products by youth and is a principal reason that youth initiate and maintain e-cigarette use. The intent of this amendment is to stem this increase and prevent a potentially life-long addiction to nicotine in young people and other vulnerable populations.

Penalties for illegal sales to individuals under the age of 21 include fines, loss of license to sell lottery tickets and loss of license to sell tobacco products. Every licensed tobacco retailer is assessed annually for compliance with this law. The 2017-2018 compliance rate was 94 percent.  Municipalities may establish a higher minimum age of sale.

A guide for Retail Tobacco and Vapor Products Dealers

Click here to view Public Health Law Article 13-F (ATUPA)

Clean Indoor Air Act (CIAA)
Enacted in 1989 and last amended in 2021, the Clean Indoor Air Act (CIAA) prohibits the smoking of tobacco products and the use of vapor products in nearly all public and work places.  The Clean Indoor Air Act was amended in 2021 to include prohibiting cannabis smoking and vaping in all locations in which smoking and vaping tobacco products are currently prohibited.  Municipalities may enact local laws that are stronger than state law. 

Would you like to help prevent underaged from being able to purchase tobacco products?
Seneca County Environmental Health is looking for 19 and 20 year olds to attempt to purchase tobacco products under the supervision of a public health inspector.

The ATUPA program requires that the local health department have young adults, age 19 or 20, attempt to purchase tobacco products from registered retailers. As a member of the ATUPA team the young adult, is accompanied to a store and attempts to purchase tobacco. If a sale is made the retailer will be brought in for an administrative hearing, the young adult is not required to be at the hearing, where they could face fines, loss of license to sell lottery tickets and loss of license to sell tobacco products.

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