Tobacco Legislation

Food and Drug Administration Tobacco Regulations

On May 5, 2016, the Food and Drug Administration (FDA) issued its final rule extending its authority to all types of tobacco products. The FDA may now regulate shisha (hookah tobacco), pipe tobacco, dissolvables, gels, all cigars (including premium cigars) and electronic nicotine delivery systems (ENDS), including e-cigarettes. The agency took this historic step pursuant to the authority granted by the Family Smoking Prevention and Tobacco Control Act (FDA Act). The 2009 law granted the FDA immediate authority to regulate cigarettes, and cigarette, roll-your-own and smokeless tobacco products, but required the FDA to take additional action to “deem” other tobacco products to fall within its regulatory authority.

Newly deemed products will be subject to the following regulations as of August 8, 2016:

  • Minimum sales age of 18 (state and local governments may increase that age);
  • No vending machine sales (unless located in an adult-only facility); and
  • No free samples.

Clean Indoor Air Act

As of July 24, 2003, public and work places across New York State became smoke-free. This includes bars and restaurants. By expanding New York’s 1989 Clean Indoor Air Act to include nearly all public and work places, the state ensures both that all workers have a safe workplace and that all nonsmokers, including children and senior citizens, can breathe smoke-free air in the public places they visit. For more information visit: New York State Clean Indoor Air Act

Call your local health department if you observe smoking in any of these places:

  • Private Offices Bowling Alleys
  • Bars Break Rooms
  • Restaurants Company Vehicles
  • Taxis & Limos

Pending Legislation:

For up to date legislation on tobacco legislation in New York State visit: and enter the key word “tobacco”

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