The Adolescent Tobacco Use Prevention Act (ATUPA)

This law was enacted to help stop the sale of tobacco products and herbal cigarettes to anyone under 21 years of age. Tobacco products are cigarettes, cigars, bidis, chewing 

tobacco and powdered tobacco, or any other tobacco products. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco.

On May 18, 2020 two new laws took effect in New York State. The first law prohibits the sale of nicotine containing vapor products with a characterizing flavor, with the exception of flavorless and “tobacco” flavor. The second law prohibits the sale of tobacco and nicotine vapor products in pharmacies.

The Clinton County Health Department inspector will routinely visit businesses that sell tobacco and vapor products to determine if they are selling to anyone under 21 years old.

The visits may include one or more of the following:

• Having an underage youth attempt to buy a tobacco or other age-restricted product.
• Verifying that the appropriate proof of age is checked when someone appearing less than 25 years of age attempts to purchase tobacco or other age-restricted product.
• Attempting to buy out of package (loose) cigarettes.
• Checking the location of tobacco or other age-restricted products (must be behind a counter or in a locked container).
• Checking for minimum package size requirements.
• Verifying that flavored vapor products, restricted under the law, are not available for sale.  
• Verifying that the business has a current tobacco and/or vapor product registration from the State Department of Taxation and Finance.
• Verifying that a business with a suspended or revoked registration is not selling tobacco products or herbal cigarettes and/or vapor products.
• Checking that bidis or gutka are sold only at tobacco businesses.
• Looking for the proper sign(s), as described in the NYS Tobacco Sales Training Document on the left bar of this page.
• Verifying that businesses located within 1,500 feet of a school (500 feet in New York City) have no posted advertisements related to tobacco and vapor products, electronic cigarettes, and paraphernalia on store fronts and exterior doors and windows. 

What Are the Fines for Violating the Law? > CLICK HERE