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BILL NUMBER:S6506

TITLE OF BILL: An act to amend the public health law, in relation to sale of tobacco products in pharmacies

PURPOSE OR GENERAL IDEA OF BILL: This bill would make it illegal for pharmacies and pharmacy departments as defined in paragraph f of subdivision two of section sixty-eight hundred eight of the education law to sell cigarettes or other tobacco products.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public health law by adding a new section relating to the sale of tobacco products at pharmacies. The amendment would make it illegal for pharmacies or pharmacy departments to sell or offer any tobacco products.

Section two states an enactment clause

JUSTIFICATION: The United States surgeon general has found that smoking of cigarettes and the use of other tobacco products are harmful to one's health. Therefore the sale of such products in any establishment whose purpose is to provide remedies to health problems is contradictory. In addition, unlike convenience stores that sell alcoholic beverages along with tobacco products, pharmacies are allowed to hire individuals younger than 18 years of,age because of the prohibited sale of alcohol in such settings. The availability of cigarettes and tobacco products to minors would be hindered if this amendment becomes law because in many instances the minor employed at the pharmacy counter is more likely to sell tobacco products to a classmate mate not eighteen years of age.

PRIOR LEGISLATIVE HISTORY: 02/23/09 Referred to health 01/06/10 Referred to health 01/24/11 Referred to health 07/11/11 Enacting clause stricken

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

6506

IN SENATE

February 17, 2012
___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  sale  of  tobacco
  products in pharmacies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
1399-dd-1 to read as follows:
  S  1399-DD-1. SALE OF TOBACCO PRODUCTS IN PHARMACIES.  NO PERSON SHALL
SELL TOBACCO PRODUCTS IN A PHARMACY OR IN A RETAIL ESTABLISHMENT, IF:
  1. A PHARMACY AS A DEPARTMENT, AS SUCH TERM IS DEFINED IN PARAGRAPH  F
OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION
LAW, IS WHOLLY CONTAINED WITHIN SUCH ESTABLISHMENT; OR
  2.  CUSTOMERS  OF THE PHARMACY MUST PASS THROUGH A CORRIDOR OR AN AREA
OWNED, LEASED OR CONTROLLED BY THE RETAIL ESTABLISHMENT AND USED  EXCLU-
SIVELY TO ACCESS THE PHARMACY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08057-01-1