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Adopted Rules: Closed to Comments

Adopted Rules Content: 
 

Statement of Basis and Purpose

  

Tobacco use is a leading cause of premature, preventable death in the City, killing an estimated 12,000 people annually. All tobacco products — including cigars, smokeless tobacco, tobacco containing shisha and others — are inherently dangerous, and contain nicotine, which is addictive. Despite the City’s progress in reducing cigarette smoking among youth and adults, an increasing percentage of youth are using other tobacco products (OTP) like cigars, waterpipes (hookahs), and smokeless tobacco.

According to the World Health Organization, raising prices through tobacco taxes is the single most effective way to decrease tobacco use. Taxation reduces tobacco use by reducing youth initiation, encouraging tobacco users to quit, and reducing consumption among those who do not quit. Similarly, increased minimum prices for tobacco products can also decrease tobacco consumption. Given relatively high levels of taxation on cigarettes at the federal, state, and local levels, OTP are generally less expensive than cigarettes, increasing their attractiveness as cheaper alternatives. In 2017, Local Law 145 was enacted to reduce the prevalence of OTP use, particularly among youth, utilizing two strategies: first, it establishes price floors for OTP and second, it imposes taxes on OTP. 

Local Law 145 establishes minimum package sizes for cigarettes, tobacco products and non-tobacco shisha that complement the price floors. In contrast to cigarettes, which are required to be packaged and sold in packages of 20, the OTP regulated by Local Law 145 are not packaged or sold in a standardized manner, with the exception of little cigars which are sold and packaged like cigarettes. When OTP is offered for sale in relatively small, inexpensive quantities, it may facilitate experimentation with tobacco by non-tobacco users, potentially contributing to addiction, and help tobacco users to sustain their addiction at little cost.  To address this, Local Law 145 prohibits retail dealers from selling little cigars, snus, shisha and non-tobacco shisha, and loose tobacco unless such products are sold in the prescribed package size. 

To bring the Department’s rules into agreement with Local Law 145, two sections of Chapter 13 of Title 24 of the Rules of the City of New York are being repealed and readopted. Specifically, section 13-02, which prohibits the sale of cigarettes or the sale of tobacco products for less than the listed price, is repealed and readopted to add definitions for terms used in the rule that are consistent with those in Local Law 145. Section 13-03 is repealed and readopted to reflect the price floors required by Local Law 145 for OTP products in a range of quantities to account for the variation in the packaging and quantity of the products sold.

In addition, the Department is repealing section 13-04 of chapter 13, which prohibited retail dealers from selling cigars unless they were sold in a package of at least four cigars, because Local Law 145 eliminated this requirement and replaced it with a prohibition on the sale of any cigarette or tobacco product outside of the package provided by the manufacturer.  The Department is also repealing section 13-05 of chapter 13, which prohibits the sale of cigarettes and tobacco products to persons less than twenty-one years of age, because the rule does not elaborate on the prohibition imposed by the Administrative Code and, since the Department of Consumer Affairs (DCA) enforces this prohibition, there is no need for it to be repeated in the rules of the Department.  

 
Effective Date: 
Thu, 10/11/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Statutory authority

            These amendments to Title 24 of the Rules of the City of New York are issued pursuant to §§556 and 1043 of the New York City Charter (“Charter”), and §§17-176.1, 17-706, and 17-709.1 of the Administrative Code of the City of New York (“Administrative Code”).

 

            Pursuant to Section 556 of the Charter, the Department of Health and Mental Hygiene (the “Department” or “DOHMH”) has jurisdiction to regulate all matters affecting health in the City of New York.  Section 1043 of the Charter gives the Department rulemaking powers. Chapter 1 and Chapter 7 of Title 17 of the Administrative Code authorize the Department to make rules with regard to the sale of cigarettes, tobacco products, and electronic cigarettes.

 

Basis and purpose of the rule

Tobacco is a leading cause of preventable premature death in the United States and the City of New York.  Smoking-related illnesses cost New Yorkers billions of dollars annually in health care costs and lost productivity.  There is strong evidence that people who begin smoking at an early age are more likely to develop a severe addiction to nicotine than those who start at a later age.  Several studies also show that the availability of low-priced cigarettes and tobacco products increases demand for cigarettes and tobacco products and contributes to continued use, particularly among youth.  Local Law 94 of 2013 (“Tobacco 21”) and Local Law 97 of 2013 (“Sensible Tobacco Enforcement”) aim to reduce tobacco use and protect public health by raising the legal minimum sales age for cigarettes, tobacco products, and electronic cigarettes, and prohibiting the redemption of price reduction instruments in the purchase of cigarettes and tobacco products.

 

On November 19, 2013, the Mayor signed into law Tobacco 21 and Sensible Tobacco Enforcement, amending sections 17-176, 17-702, 17-704, and 17-706, and adding sections 17-176.1 (Prohibition on the Sale of Discounted Cigarettes and Tobacco Products), 17-703.1 (Sign Required), 17-703.2 (Requirements for Retail Dealers Concerning Cigarette Tax), and 17-709.1 (Rules) to Chapter 7 of Title 17 of the Administrative Code.  These laws amend the definitions of cigarette and tobacco product, and impose new licensing, sales, and signage requirements on cigarette and tobacco product retailers.

Local Law 94 raises the minimum sales age for cigarettes, tobacco products, and electronic cigarettes from eighteen to twenty-one, and requires retailers to post signage that informs consumers and establishments of this sales restriction.  Local Law 97 prohibits the redemption of price reduction instruments (such as coupons) for cigarette or tobacco products and the sale of cigarettes or tobacco products below the listed price.  In addition, Local Law 97 establishes a price floor (lowest price possible) for cigarettes and little cigars, imposes a packaging requirement on cigars priced at $3 or less, and requires cigarette retailers to post a sign stating that all cigarette packages must bear valid New York State and New York City tax stamps. 

These rules facilitate compliance with Chapter 7 by explaining the requirements Local Law 97 and Local Law 94 impose on retail dealers.  Anyone required to comply with the requirements for cigarette and tobacco product sales should read these rules together with Chapter 7 of the Administrative Code.

The rules:

·        Set forth the listed price requirements for cigarettes and other tobacco products;

·        Provide the minimum sales age for cigarettes, tobacco products, electronic cigarettes, herbal cigarettes, pipes, and rolling papers; and

·        Specify the format and content of the tax stamp and age restriction signs that all cigarette and tobacco product retailers are required to post under the new laws.

 

Changes made in response to comments

            At the public hearing, the Bodega Association of the United States requested that the Department provide retailers with sufficient time to comply with the rules, educational materials, and the required age restriction and tax stamp signs.

 

A second person expressed his support for the rules. 

No one requested any changes to the rules and none have been made. 

    

 

 

Effective Date: 
Mon, 07/21/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 28, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Tobacco is a leading cause of preventable premature death in the United States and the City of New York.  Smoking-related illnesses cost New Yorkers billions of dollars annually in health care costs and lost productivity.  There is strong evidence that people who begin smoking at an early age are more likely to develop a severe addiction to nicotine than those who start at a later age.  Several studies also show that the availability of low-priced cigarettes and tobacco products increases demand for cigarettes and tobacco products and contributes to continued use, particularly among youth.  Local Law 94 of 2013 (“Tobacco 21”) and Local Law 97 of 2013 (“Sensible Tobacco Enforcement”) aim to reduce tobacco use and protect public health by raising the legal minimum sales age for cigarettes, tobacco products, and electronic cigarettes, and prohibiting the redemption of price reduction instruments in the purchase of cigarettes and tobacco products.

On November 19, 2013, the Mayor signed into law Tobacco 21 and Sensible Tobacco Enforcement, amending sections 17-176, 17-702, 17-704, and 17-706, and adding sections 17-176.1 (Prohibition on the Sale of Discounted Cigarettes and Tobacco Products), 17-703.1 (Sign Required), 17-703.2 (Requirements for Retail Dealers Concerning Cigarette Tax), and 17-709.1 (Rules) to Chapter 7 of Title 17 of the Administrative Code.  These amendments and additions to Chapter 7 modify the definitions of cigarette and tobacco product, and impose new licensing, sales, and signage requirements on cigarette and tobacco product retailers.

Local Law 94 raises the minimum sales age for cigarettes, tobacco products, and electronic cigarettes from eighteen to twenty-one, and requires retailers to post signage that informs consumers and establishments of this sales restriction.  Local Law 97 prohibits the redemption of price reduction instruments (such as coupons) for cigarette or tobacco products and the sale of cigarettes or tobacco products below the listed price.  In addition, Local Law 97 establishes a price floor (lowest price possible) for cigarettes and little cigars, imposes a packaging requirement on cigars priced at $3 or less, and requires cigarette retailers to post a sign stating that all cigarette packages must bear valid New York State and New York City tax stamps. 

These rules facilitate compliance with Chapter 7 by explaining the retail dealer requirements in Local Law 97 and Local Law 94.  Anyone required to comply with the requirements for cigarette and tobacco product sales should read these rules together with Chapter 7 of the Administrative Code.

The proposed rules:

  • Set forth the listed price requirements for cigarettes and other tobacco products;
  • Provide the minimum sales age for cigarettes, tobacco products, electronic cigarettes, herbal cigarettes, pipes, and rolling papers; and
  • Specify the format and content of the tax stamp and age restriction signs that all cigarette and tobacco product retailers are required to post under the new laws.

The Department of Health’s authority for these rules is found in section 1043 of the New York City Charter and sections 17-176.1, 17-706, and 17-709.1 of the New York City Administrative Code. 

Subject: 

Proposal to add a new chapter 13 to the Department’s rules to clarify the tobacco sales requirements in Local Laws 94 and 97 of 2013, also known as the Tobacco 21 and Sensible Tobacco Enforcement laws, respectively.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-45
Queens, NY 11101
Contact: 

Roslyn Windholz at (347) 396-6078/6116

Download Copy of Proposed Rule (.pdf):