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Cayuga County, NY Tobacco & Vaping: Flavored Tobacco Bans (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rule
Sale of flavored e-cigarettes prohibited, § 241-6
Basis
County-added on top of NY PHL § 1399-mm-1
First penalty
$1,500 civil fine
Repeat penalty
$2,500 per subsequent violation
License consequence
Suspension up to 6 months, then revocation
Enforcement
Cayuga County Health Department, Board of Health

Summary

Cayuga County bans the retail sale of flavored electronic cigarettes outright under section 241-6 of the county code, going further than the state's own flavor restriction on vapor products. A retailer, retail establishment or person caught selling a flavored e-cigarette faces the same civil penalties, license suspension and closure powers used against unlicensed tobacco sales.

These county ordinances apply to unincorporated areas of Cayuga County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 241-6. Sale of flavored electronic cigarettes. Unless otherwise permitted by federal or state law, the sale of flavored electronic cigarettes by any retailer, retail establishment, or person is prohibited. § 241-7. Enforcement; penalties for offenses. ... (1) Civil penalties. (a) For the first violation, $1,500; and (b) For all subsequent violations, $2,500. (2) Tobacco retail license suspension and revocation. (a) Suspension of the retailer's, retail establishment's, or person's tobacco retail license for up to three months for a first violation;

Full Breakdown

Section 241-6 flatly prohibits the sale of flavored electronic cigarettes by any retailer, retail establishment or person in Cayuga County, unless federal or state law otherwise permits it. Chapter 241's findings note that New York State Public Health Law section 1399-mm-1 already prohibits flavored vapor product sales, and the Legislature added its own county-level ban because it has a substantial and important interest in reducing the illegal sale of flavored vapor products. The chapter defines 'flavored' broadly under section 241-2 as any product or component that produces a taste or aroma other than tobacco and is intended for use with nicotine consumption, and 'electronic cigarette' covers the device along with its refills, cartridges and other components.

Because the flavor ban sits inside the same chapter as the county's tobacco retail licensing scheme, a retailer selling a flavored e-cigarette risks both a civil penalty and the license consequences that apply to any Chapter 241 violation: enforcement runs through the Cayuga County Health Department, which can conduct unannounced inspections and bring the case before the Board of Health.

Violations & Fines

A first violation of the flavored e-cigarette ban carries a $1,500 civil penalty under section 241-7, and every violation after that carries $2,500. The Department can also suspend the violator's tobacco retail license for up to three months on a first offense, six months on a second, and revoke it on a third, and the Board of Health can order the retail establishment closed for as long as 120 days, with reopening conditioned on paying all outstanding fines and holding a valid license.

Frequently Asked Questions

Are flavored e-cigarettes illegal to sell in Cayuga County?
Yes. Section 241-6 of the county code bans any retailer, retail establishment or person from selling flavored electronic cigarettes, unless federal or state law specifically allows it. The county passed this ban even though New York's Public Health Law already restricts flavored vapor products, stating it has its own interest in stopping illegal sales.
What counts as a 'flavored' product under Cayuga County's ban?
Section 241-2 defines 'flavored' as any product or component that has a taste or aroma other than tobacco flavor and is intended or reasonably expected to be used for nicotine consumption. That definition applies to the electronic cigarette device itself as well as its cartridges, refills and other components.
What penalty does a store face for selling a flavored vape in Cayuga County?
A first violation carries a $1,500 civil penalty and every violation after that carries $2,500 under section 241-7. The Cayuga County Health Department can also suspend the store's tobacco retail license, escalating from three months to six months and then revocation, and the Board of Health can order the store closed for up to 120 days.
Who enforces the flavored vape ban in Cayuga County?
The Cayuga County Health Department enforces Chapter 241, including the flavored e-cigarette ban, and can conduct unannounced inspections of any retail establishment selling tobacco products. Contested violations go before the Cayuga County Board of Health, which holds administrative hearings under the state Public Health Law before penalties or license actions become final.

Sources & Official References

Other rules in Cayuga County

All Cayuga County rules

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