Bill S7106-2013

Relates to the display of tobacco products in pharmacies

Relates to the display of tobacco products in pharmacies.

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  • Apr 28, 2014: REFERRED TO HEALTH

Memo

BILL NUMBER:S7106

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

SUMMARY OF PROVISIONS:

Section 1 amends Article 13-F of the public health law by adding a new section 1399-ccc requiring licensed retail pharmacies and other retail stores with a licensed pharmacy on the premises, that sell tobacco products shall only display tobacco products including, but not limited to, tobacco, cigarettes, and cigars, in a manner so that display of tobacco products is covered out of view from the public. Such covering shall be determined by the management of the retail store. This section shall apply to both chain and non-chain pharmacies that operate in the state of New York.

Section 2 provides the effective date.

JUSTIFICATION:

The vast majority of tobacco marketing is focused on the point of sale and retail locations are the primary place where tobacco companies recruit new tobacco users. Tobacco marketing inside the retail environment is often found in the form of "power walls." The term "power wall" refers to tobacco product displays set up behind the cash register.

Research indicates that youth exposure to tobacco marketing in the retail environment is correlated to youth tobacco use. Approximately 90 percent of new tobacco users are minors. Minimizing exposure to tobacco products will lead to fewer youths taking up the habit of tobacco use.

Although there is little doubt that reducing the morbidity and mortality from tobacco use remains one of the most important public health challenges of the 21st century, the paradox of cigarette sales in pharmacies has become even more relevant. This is due in large part because of changes in the pharmacy industry moving toward preventative care and counseling as health care professionals as opposed to just being dispensers of medications. As the role of the pharmacist and pharmacy profession moves toward preventative care, it is apparent that the pharmacy profession is in a great position to educate those using tobacco products and to encourage participation in a smoking cessation option. Encouraging shielded display of tobacco products in a pharmacy assists this goal and heightens the new role of pharmacy in healthcare.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7106 IN SENATE April 28, 2014 ___________
Introduced by Sen. MARCHIONE -- 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 the display 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. Article 13-F of the public health law is amended by adding a new section 1399-ccc to read as follows: S 1399-CCC. REGULATIONS ON PHARMACIES SELLING TOBACCO. 1. LICENSED RETAIL PHARMACIES AND OTHER RETAIL STORES WITH A LICENSED PHARMACY ON THE PREMISES, THAT SELL TOBACCO PRODUCTS SHALL ONLY DISPLAY TOBACCO PRODUCTS INCLUDING, BUT NOT LIMITED TO, TOBACCO, CIGARETTES AND CIGARS, IN A MANNER SO THAT DISPLAY OF TOBACCO PRODUCTS IS COVERED OUT OF VIEW FROM THE PUBLIC. SUCH COVERING SHALL BE DETERMINED BY THE MANAGEMENT OF THE RETAIL STORE. 2. THIS SECTION SHALL APPLY TO BOTH CHAIN AND NON-CHAIN PHARMACIES THAT OPERATE IN THE STATE OF NEW YORK. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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