Clean Indoor Air Act (CIAA)
The Clean Indoor Air Act (CIAA) is found in Article 13-E in the NYS Public Health Law and prohibits smoking and e-cigarettes/vaping in almost all places of employment, including restaurants and bars. Employees and the public may confidentially report possible violations of the CIAA to the BCHD by calling 778-2847.
As of 2021, the CIAA prohibits cannabis smoking and vaping in all locations in which smoking and vaping tobacco products are currently prohibited.
In November 22, 2017, Electronic Cigarettes were added to the New York State Clean Indoor Air Act.
For more on the Clean Indoor Air Act, click here.
Adolescent Tobacco Use Prevention Act (ATUPA)
The Adolescent Tobacco Use Prevention Act (ATUPA) is found in Article 13-F of the NYS Public Health Law which covers regulation of tobacco products and herbal cigarettes and their distribution to minors. This law was enacted to help stop the sale of tobacco products and herbal cigarettes to anyone under the age of 21. Included under this law are: cigarettes, cigars, bidis, gutka, chewing tobacco, powdered tobacco, shisha, or other tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers or smoking paraphernalia. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco. Electronic cigarettes (e-cigarettes) are sometimes called e-cigs, vapes, vape pens, and electronic nicotine delivery systems (ENDS).
- We routinely visit businesses that sell tobacco to determine if they are in compliance with the law. The BCHD takes enforcement against the operator of the business where underage sales are documented.
- The Broome County Sheriff may prosecute the cashier who makes the underage sale by charging the cashier with unlawfully dealing with a child, a second degree misdemeanor falling under Penal Law 260.21.
- The BCHD is a NYSDOH certified tobacco sales trainer. The Tobacco Sales Training Program offers guidance and training to tobacco and vapor product retailers and their staff. Salesclerks are encouraged to take training classes free of charge whether they have sold tobacco to a minor or not. Section 1399-ee of the Public Health Law allows tobacco and vapor product retailers a reduced penalty for a sale-to-minor violation if the clerk who made the sale previously attended a State Certified Tobacco Sales Training course and holds a valid certificate of completion. Each individual certification is valid for 3 years.
New York State law also requires the name and address of the Retail Tobacco Dealer in violation of Article 13-F be made public.
Broome County ATUPA Violations 2023-24: ATUPA Violations BCHD Website ATUPA violations 24-25.xlsx
Recent amendments to Public Health Law 13-F (ATUPA) can be found here: NYS Tobacco Control Laws
Resources for Tobacco Retailers:
NYS Guide for Tobacco and Vapor Products Dealers
Downloadable signage required for all tobacco retailers (PDF)
Resources for Parents:
E-Cigarette Use Among Youth (CDC)
Helping Teens Quit (American Lung Association)
Resources for Youth:
· If you use tobacco products and are ready to quit, help is available. For resources and free nicotine replacement therapy any time. To find out more information, visit https://www.nysmokefree.com/ or call 1-866-NY-QUITS (1-866-697-8487).
· Drop the Vape is a free, confidential text program for young people (ages 13-24). It’s a great resource for people of any age seeking help to quit vaping and other nicotine and tobacco products. Sign up for texts by visiting DropTheVape.org or text DROPTHEVAPE to 88709 for FREE and anonymous support 24/7, including messages from other young people to help you break free from vaping.
