Erie County prohibits the sale of tobacco, vapor products, electronic cigarettes, liquid nicotine, and smoking paraphernalia to anyone under 21. Enforcement is by the Erie County Department of Health under the Adolescent Tobacco-Use Prevention Act (ATUPA), which conducts at least one underage compliance check per retailer each year.
Tobacco and vapor sales in Erie County are governed by Article XXIII of the Erie County Sanitary Code, layered on top of New York State Public Health Law Article 13-F (the Adolescent Tobacco-Use Prevention Act, "ATUPA"). The Erie County Department of Health (ECDOH) Environmental Health Division administers the county Tobacco/Vape Program and is the lead enforcement agency for retailer compliance throughout all 25 towns and 3 cities in the county. Article XXIII applies to ALL retail businesses in Erie County that sell tobacco products, vapor products (including electronic cigarettes and liquid nicotine), or smoking paraphernalia. Retailers must register their facility, post conspicuous age-restriction signage, store products to prevent unauthorized access, and — as of October 1, 2024 — hold a county permit to operate. The Code bans the sale of flavored vapor products other than tobacco flavor. ECDOH conducts at least one compliance check per year at every registered retailer using underage youth inspectors. Erie County is layered on top of earlier county local laws including Local Law 4-1997 (aid in enforcement against sales to minors, including self-service sales) and Local Law 3-1993 (prohibiting cigarette vending machines).
Violations are tracked under a points-based system. A failed compliance check or other Article XXIII violation results in point assessments that can lead to permit suspension or revocation. NY State law requires Erie County to publicly post the name and address of any retail tobacco dealer found in violation. State penalties under PHL §1399-ee range from $300 to $2,500+ per violation, escalating with repeat offenses.
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