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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 28, 2017
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 The Department of Finance is proposing rules related to Local Law 97 of 2013, Local Law 95 of 2015 and Local Law 97 of 2015.

 The Sensible Tobacco Enforcement Law (“STE Law”) (Local Law 97 of 2013) amended Titles 11 and 17 of the New York City Administrative Code (the “Code”).  The law added new tobacco violations to Title 17 of the Code and authorized the Department of Finance (the “Department”) to enforce these new and other existing tobacco violations, including the issuance of Summonses (also known as Notices of Violation).  The STE Law also authorized the Commissioner of Finance (the “Commissioner”) to establish an adjudicative body or select an administrative tribunal to adjudicate these violations and to promulgate rules relating to such violations under Title 17 of the Code.  Additionally, the STE Law amended Titles 11 and 20 of the Code to authorize the Commissioner and the Commissioner of Consumer Affairs to order the sealing of premises when multiple violations within a prescribed period occur on the premises.

 Thereafter, Local Law 97 of 2015 amended Title 10 of the Code by adding a new § 10-203, which prohibits the manufacture, distribution or sale, and the possession with intent to sell, of any synthetic cannabinoid or synthetic phenethylamine (known as “synthetic marijuana” or “K2”).  Among other things, Local Law 97 of 2015 imposed civil penalties for the violation of these prohibitions.  Local Law 95 of 2015 amended this new § 10-203 by authorizing the suspension or revocation a cigarette dealer’s license for violating § 10-203. The civil penalties set forth in the law may be adjudicated in a proceeding before a tribunal established within the Office of Administrative Trials and Hearings (“OATH”) or within an agency designated to conduct such proceedings.  The Department is authorized by this local law to establish rules to carry out its provisions.

The Department is proposing the following rules that detail how the penalties will be adjudicated as authorized by the previously mentioned local laws. These rules would:

·         Designate the OATH Hearings Division to adjudicate Summonses for tobacco violations

·         Designate the OATH Hearings Division to adjudicate Summonses for synthetic marijuana (K2) violations

Subject: 

The Department of Finance is considering adding rules regarding the adjudication of Summonses (also known as Notices of Violation (“NOVs”)) that DOF will issue for certain tobacco violations and synthetic marijuana violations

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Fl.
Brooklyn, NY 11201
Contact: 

You may contact Joan Best (by telephone, (718) 488-2007 or TTY (212) 639-9675) or by email (bestj@finance.nyc.gov) to make your accommodation request. You can email written comments to MulliganJ@finance.nyc.gov. You can mail written comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: John Mulligan. You can fax written comments to NYC Department of Finance, Attn: John Mulligan, at (718) 488-2037.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 15, 2017
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

Smoking is banned in certain indoor and outdoor locations both by the City’s Smoke-Free Air Act (SFAA) and by New York State’s Clean Indoor Air Act (CIAA).  These laws are enforced in New York City by the Department.  Pursuant to New York State Public Health Law §1399-u, the Department has the discretion to waive in a specific instance any provision of the CIAA if satisfied that its application will cause undue hardship or that there are other factors that make compliance with the provision unreasonable.

The Department enacted section 24 RCNY §10-15 in 2004 setting forth how the Department would consider requests for such waivers.  The rule allows any entity where smoking is permitted by the CIAA, but allowed by the SFAA, to request a waiver.  Requests based on financial hardship must include financial records and demonstrate financial losses attributable to the State restriction.  If claiming that compliance with the State provision is otherwise unreasonable, an applicant must clearly demonstrate the existence of factors that make this so.  The rule also imposes a fee for an application and limits the term of a waiver to two years.   

The stated basis and purpose of §10-15 was to provide a mechanism for harmonizing enforcement of the CIAA, which had just taken effect, with the restrictions on smoking that were already in place in New York City under the SFAA.[1]  In fact, the CIAA and SFAA are largely harmonious and there are no waivers currently in place.  While one was granted to a tobacco company operating a product testing room in 2005, and renewed thereafter until 2012, no other entity has even requested a waiver.  The Department does not foresee any situation in the future where it would waive a provision of the CIAA and thus is proposing to repeal §10-15 as unnecessary.

Working with the City’s rulemaking agencies, the Law Department, and OMB, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as one that should be repealed through this initiative.

The Department’s authority for this repeal is found in section 1043 of the New York City Charter. Because the Department is not required to provide waivers under the CIAA, there is no reason to have public testimony on whether this rule should be repealed.  

 


[1] City Record, March 24, 2004.  RCNY Volume 8, Statements of Basis and Purpose at page 492.   

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 15, 2014
Proposed Rules Content: 

 

 

 

Statement of Basis and Purpose

 

 

On December 30, 2013, Local Law 152 was enacted.  It amended sections 17-502, 17-503, 17-504, 17-505, 17-506, 17-507, 17-508, 17-510, 17-512 and 17-513.2 of Chapter 5 of Title 17 of the New York City Administrative Code (Smoke-Free Air Act).  It also added sections 17-513.3 (Retail Tobacco Store and Retail Electronic Cigarette Store Registration), and 17-513.4 (Retail Tobacco Store and Retail Electronic Cigarette Store Verification) to Chapter 5. These changes to the Smoke-Free Air Act took effect on April 29, 2014.  The local law prohibits the use of electronic cigarettes in all locations where smoking is currently prohibited and requires establishments to post signage informing customers of these new restrictions.  Local Law 152 also requires both retail tobacco stores and retail electronic cigarette stores to register with the Department of Health and Mental Hygiene (“DOHMH”), and grants the Department authority to establish a system for verifying the total annual gross sales of retail tobacco stores and retail electronic cigarette stores to determine their eligibility for certain smoking and electronic cigarette use exemptions.

 

The Department is proposing to amend Chapter 10 of Title 24 of the Rules of the City of New York (RCNY) to reflect the amendments to the Smoke-Free Air Act in Local Law 152, and repeal provisions of Chapter 10 that are no longer applicable due to these amendments to the Smoke-Free Air Act.  The amendments proposed here will also clarify certain provisions in Chapter 10 to facilitate compliance with, and enforcement of, the Smoke-Free Air Act.  These proposed amendments, together with the provisions of Chapter 5 of Title 17 of the Administrative Code, affect the use of electronic cigarettes in enclosed areas in public places and in places of employment in New York City.

 

The proposed amendments:

·          Specify the locations where electronic cigarette use is prohibited;

·          Specify the content of the  signage required in locations where electronic cigarette use is prohibited;

·          Describe the registration requirements for retail tobacco stores and retail electronic cigarette stores; and

·          Repeal obsolete provisions of the Department’s Rules related to separate smoking rooms in bars and owner operated bars that have been repealed in the Smoke-Free Air Act.

 

DOHMH’s authority to promulgate these rules is found in section 1043 of the New York City Charter and sections 17-503, 17-504, 17-505, 17-506(a), 17-513, 17-513.3 and 17-513.4 of the New York City Administrative Code.

 

 

 

Subject: 

Proposed resolution to amend Chapter 10 (Smoking Under the New York City Clean Indoor Air Act) of Title 24 of the Rules of the City of New York to: (1) reflect amendments to the Smoke-Free Air Act made by Local Law 152 of 2013 prohibiting the use of electronic cigarettes in certain places; (2) facilitate enforcement of the Smoke-Free Air Act; and (3) repeal provisions that are out of date.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-43
Queens, NY 11101-4132
Contact: 
Download Copy of Proposed Rule (.pdf): 

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):