Amendment to Tobacco & Electronic Retail Dealer Penalty Schedules

Proposed Rules: Open to Comments

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Comment By: 
Wednesday, September 30, 2020

Statement of Basis and Purpose of Proposed Rule


The Department seeks to amend section 6-12, the tobacco retail dealer penalty schedule, to increase certain penalty amounts set by New York State Public Health Law (“PHL”) section 1399-ee, which was recently amended by state law.  New York State law amendments to section 1399-ee(2) of the PHL changed the maximum penalty for first violations of the PHL to $1,500 from $1,000.  The state law amendments also changed the maximum penalty for subsequent violations to $2,500 from $1,500.  The state law amendments became effective on July 1, 2020.  This proposed amendment would also correct a mistake in the penalty entry for section 1399-CC(5) by lowering the maximum penalty for subsequent violations to $1,000, as required by that subdivision of law. 


The Department is also proposing to amend section 6-12.1, the electronic cigarette penalty schedule, to add violations relating to New York State PHL section 1399-mm-1(2), which prohibits selling or offering for sale flavored vapor products expected to be used with nicotine.  This new provision of state law was recently passed and became effective on July 1, 2020. 


Pursuant to section 1043(d)(1) of the New York City Charter, certification of this proposed rule by the Law Department is not required.


The Department’s authority for these rules is found in sections 1043, 2203(c), 2203(f), and 2203(h)(1) of the City Charter and section 20-104(e) of the Administrative Code of the City of New York.


New material is underlined.


“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.


Public Hearing


Public Hearing Date: 
Wednesday, September 30, 2020 - 10:00am

Carlos Ortiz -