Smoking and Tobacco Control Laws

New Law for Pharmacies

Effective January 1, 2019, tobacco products can no longer be sold in pharmacies. Pharmacies found to be selling either tobacco products or e-cigarettes will be subject to fines.

The Health Department supports laws that protect the health of residents from the harmful effects of smoking and secondhand smoke.

Our goals are to:

  • Improve compliance and strengthen smoke-free air laws.
  • Reduce youth access to tobacco and electronic cigarettes.
  • Restrict the availability of discounted or untaxed tobacco products.

We provide technical assistance to organizations, vendors and worksites that implement these laws, educational materials on responsibilities and rights under these laws, and trainings and presentations to various groups regarding these laws.

Smoke Free Air Act

This act protects the health of New York City workers against the harmful effects of secondhand smoke by banning smoking and the use of e-cigarettes in virtually all workplaces; close to hospital entrances; and in City parks, beaches and pedestrian plazas.

Minimum Prices

Increasing the price of tobacco has been shown to discourage new smokers and encourage current smokers to quit or cut back.

As of June 1, 2018, all packs of cigarettes sold in New York City must have a minimum price of $13. More information about the new law on cigarette retail prices (PDF)
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As of October 11, 2018, all tobacco products sold in New York City must be sold for minimum prices. More information about the new law on tobacco product retail prices (PDF)
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Businesses that sell cigarettes or tobacco products for less than the mandatory minimum prices will be subject to fines.

No Smoking and Electronic Cigarette Use Signs

“No Smoking, Electronic Cigarette Use, and Smokeless Use” signs must be prominently and conspicuously posted in any indoor space where smoking, using electronic cigarettes or using smokeless tobacco is prohibited. The Smoke Free Air Act states the requirements of the sign.

These signs must:

  • Be printed in color with a color printer.
  • Be printed on durable material.
  • Be no smaller than 8 ¼ inches by 10 ½ inches.
  • Be oriented as they appear online.
  • Not be cut, reordered or redesigned.

Smokeless Tobacco Ban in Stadiums and Arenas

Local Law 42 prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets. Smokeless tobacco means any tobacco product that is intended for oral or nasal use other than smoking.

The City Tobacco Product Regulation Act and State Adolescent Tobacco Use Prevention Act

The City Tobacco Product Regulation Act (PDF) and State Adolescent Tobacco Use Prevention Act (PDF) laws set forth numerous restrictions related to the retail sale of tobacco products, including:

Visit the Department of Consumer Affairs' Inspection website to learn more about the laws and how to avoid fines.

Internet Tobacco Sales

New York State bans the sale of cigarettes over the internet.

Residential Building Policy Disclosure

Effective August 28, 2018, residential buildings with three or more units are required to create a policy on smoking and disclose it to tenants and prospective tenants.

Building owners who fail to create and disclose a policy on smoking will be subject to fines.

Frequently Asked Questions (PDF)
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Sample Disclosure Policy (PDF)
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Additional Resources

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