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Passaic, NJ Tobacco & Vaping: Flavored Tobacco Bans (2026)

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

Key Facts

Ban
flavored cigarettes other than tobacco, clove, menthol
Adopted
4-6-2009, Ord. No. 1794-09
Penalty
$250 to $500 per offense
Enforcer
Health Officer or police, 60-day summons window
Repeat offense
food license suspension referral, 1-3 days

Summary

Passaic outlaws selling, offering, or giving away any cigarette carrying a characterizing flavor other than tobacco, clove, or menthol, whether sold directly, through an employee, or via a vending machine. Added to Chapter 283 in 2009, the ban reaches free samples, coupon giveaways, and rebate promotions, not just paid retail sales.

No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost, or with coupons or with rebate offers, give or furnish, to a person a cigarette, or any component thereof, which contains a natural or artificial constituent or additive that causes the cigarette or any smoke emanating from that product to have a characterizing flavor other than tobacco, clove, or menthol. In no event shall a cigarette or any component part thereof be construed to have a characterizing flavor based solely on the use of additives or flavorings, or the provision of an ingredient list made available by any means.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Section 283-11, added April 6, 2009 by Ordinance No. ' The prohibition reaches sales made directly, through an agent or employee, or through a vending machine owned by or located in the seller's establishment. Subsection B defines a characterizing flavor broadly to include any distinguishable fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice taste or aroma, and specifically bars a retailer from escaping liability by claiming the flavor comes 'solely' from additives or from an ingredient list. The rule sits inside Chapter 283's original 2000 sales-to-minors article, alongside the companion single-cigarette and under-20-pack ban at §283-10 (added 2006).

Enforcement runs through §283-9: the Health Officer, a designee, or any police officer who reasonably believes a violation occurred may issue a written summons within 60 days of discovery, and may inspect any premises, material, or matter necessary to enforce the chapter after showing identification. Obstructing that inspection is itself a separate offense. Under §283-7, penalties apply per section of the article violated, and a second or subsequent violation within two years triggers referral to the City Health Officer, who may suspend a food-establishment license for up to one day on a second offense and up to three days on a third or later offense, following notice and a hearing conducted under the procedures at §149-42.

Violations & Fines

Each unlawful sale, offer, or giveaway of a flavored cigarette is a separate offense under §283-7A, punishable by a fine of not less than $250 nor more than $500. A second violation within two years triggers a Health Officer referral that can suspend the violator's food-establishment license for up to one day, three days for a third or later offense, after notice and a hearing; the Department of Treasury may also move to suspend or revoke the merchant's state tobacco sales license following a hearing before an officer designated by the Business Administrator.

Frequently Asked Questions

Does Passaic ban all flavored cigarettes?
It bans any cigarette with a characterizing flavor other than tobacco, clove, or menthol, per §283-11. Fruit, chocolate, candy, alcoholic-beverage, and dessert flavors are all covered examples listed in the ordinance, whether sold in a store or dispensed from a vending machine.
Who enforces the flavored cigarette ban?
The Health Officer of the Passaic Health Department, a designee, or any police officer can investigate and issue a summons within 60 days of discovering a violation, and may inspect premises and materials after showing identification, per §283-9.
What happens on a repeat violation?
A second violation within two years lets the Health Officer suspend the merchant's food-establishment license for up to one day, and up to three days for a third or later offense, following notice and a hearing under §149-42, per §283-7C.

Sources & Official References

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Flavored Tobacco Bans in Nearby Cities

How other cities in Passaic County handle flavored tobacco bans.

Paterson, NJ
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