Establishment of Penalty Schedule for Violation of Provisions of Law Relating to Electronic Cigarette Retailers

Adopted Rules: Closed to Comments

Effective Date: 
Sunday, August 5, 2018
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

Local Law 144 of 2017 requires that retailers of electronic cigarettes (“e-cigarettes”) be issued a license, like tobacco retailers, and caps the number of these licenses. E-cigarette use has increased dramatically since e-cigarettes were introduced in U.S. markets less than 10 years ago. In 2015, 15.9 percent of New York City high school students were e-cigarette users.  Local Law 144 capped the number of e-cigarette retailers at half the current number by community district, with the reduction in number coming through attrition. Existing sellers will be able to continue to renew their license so long as they meet all applicable licensure requirements. The law also prohibits pharmacies from selling e-cigarettes.

To implement Local Law 144, DCA adds a new rule, Section 6-12.1, to Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York, to establish fixed penalties for the violations of the laws related to electronic cigarette retail dealers.