N.Y.
Public Health Law Section 1399-MM-2
Sale in pharmacies
1.
No tobacco product, herbal cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine, shall be sold in a pharmacy or in a retail establishment that contains a pharmacy operated as a department as defined by paragraph f of subdivision two of Education Law § 6808 (Registering and operating establishments)section sixty-eight hundred eight of the education law. Provided, however, that such prohibition on the sale of tobacco products, herbal cigarettes, or vapor products intended or reasonably expected to be used with or for the consumption of nicotine, shall not apply to any other business that owns or leases premises within any building or other facility that also contains a pharmacy or a retail establishment that contains a pharmacy operated as a department as defined by paragraph f of subdivision two of Education Law § 6808 (Registering and operating establishments)section sixty-eight hundred eight of the education law.2.
The commissioner shall have sole jurisdiction to enforce the provisions of this section. The commissioner shall have the power to assess penalties in accordance with § 12 (Violations of health laws or regulations)section twelve of this chapter and pursuant to a hearing conducted in accordance with § 12-A (Formal hearings)section twelve-a of this chapter. Nothing in this section shall be construed to prohibit the commissioner from commencing a proceeding for injunctive relief to compel compliance with this section.
Source:
Section 1399-MM-2 — Sale in pharmacies, https://www.nysenate.gov/legislation/laws/PBH/1399-MM-2 (updated May 22, 2020; accessed Oct. 26, 2024).
