New York Tobacco 21 and Flavored Vape Ban

New York Public Health Law §1399-cc prohibits the sale of tobacco products, herbal cigarettes, liquid nicotine, and vapor products to persons under 21 years of age. The Tobacco 21 Act (Chapter 121 of 2019) was signed by Governor Cuomo on July 16, 2019 and took effect November 13, 2019, predating the federal T21 amendment to the Family Smoking Prevention and Tobacco Control Act that took effect December 20, 2019. Beyond age, PHL §1399-mm-1 prohibits the sale of flavored vapor products statewide. The flavor ban began as a 2020 emergency regulation and was codified permanently in 2023. Retailers must hold a Certificate of Registration from the NY Department of Taxation and Finance and verify ID for any purchaser appearing under 30.

Civil penalties up to $1,000 first violation, $2,500 subsequent under PHL §1399-ee. License suspension/revocation by NY Department of Taxation and Finance for repeat offenders. Local boards of health also issue penalties.