environmental health services

ATUPA/Clean Indoor Air

Adolescent Tobacco Use Prevention Act (ATUPA)

Enacted in 1992 and funded at $2.5 million in 1997, this law prohibits the sale of tobacco products to minors (under the age of 18). Amendments to ATUPA have clarified and expanded the definition of tobacco products, which include cigarettes, loose cigarettes, cigars, bidis, gutka, chewing tobacco, powdered tobacco, nicotine water, herbal cigarettes, shisha, smoking paraphernalia and electronic cigarettes (e-cigarettes). Penalties for illegal sales to minors include fines, loss of license to sell lottery tickets and loss of license to sell tobacco products. Every licensed tobacco retailer is assessed annually for compliance with this law. The 2011-2012 compliance rate was 95.1 percent. Municipalities may establish a higher minimum age of sale. The minimum legal sale age (MLSA) for tobacco products in New York City and Suffolk County is 21 years of age, and the MLSA in Nassau and Onondaga counties is 19 years of age.

Clean Indoor Air Act (CIAA)

Enacted in 1989 and last amended in 2013, the Clean Indoor Air Act (CIAA) prohibits smoking of tobacco (herbal cigarettes are exempted) in nearly all public and work places. Exemptions are allowed for cigar bars in existence prior to December 31, 2002 and for organizations that do not have employees. Municipalities may enact local laws that are stronger than state law. Rockland County prohibits smoking in motor vehicles when children under the age of 18 are present.

Enforcement Actions

ATUPA Violation July 2015