New York S 10366: Requires certain retailers stock nicotine replacement therapy products

Bill Text

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S10366 Summary:

BILL NOS10366 

&nbsp

SAME ASSAME AS A11208

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §1399-lll, Pub Health L

&nbsp

Requires certain retailers stock nicotine replacement therapy products; establishes procedures in how nicotine replacement therapy products may be sold.

Go to top S10366 Actions:

BILL NOS10366 

&nbsp

05/15/2026REFERRED TO HEALTH

Go to topS10366 Committee&nbspVotes:

Go to topS10366 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10366 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10366

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to requiring tobacco
 product retailers to offer nicotine replacement therapy products for
 sale

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 1399-lll to read as follows:
 3 § 1399-lll. Tobacco product retailers; nicotine replacement therapy
 4 products required. 1. Any entity, other than a cigar shop, that sells,
 5 offers for sale, or distributes for commercial purpose any tobacco prod-
 6 uct within the state of New York shall maintain a stock of, and offer
 7 for retail sale, at least one type of nicotine replacement therapy drug,
 8 device, or combination product that has been approved by the federal
 9 Food and Drug Administration for cessation of tobacco use.
 10 2. An entity that is subject to the requirements of subdivision one of
 11 this section shall have the discretion to determine:
 12 (a) the number and type of nicotine replacement therapy products that
 13 the entity will stock and offer for sale;
 14 (b) the quantity of each nicotine replacement therapy product that is
 15 stocked and offered for sale; and
 16 (c) whether the entity will stock and offer for sale more than one
 17 type of nicotine replacement therapy product.
 18 3. An entity that is subject to the requirements of subdivision one of
 19 this section that sells out of the entity's full stock of nicotine
 20 replacement therapy products shall have five business days to place an
 21 order for a new stock of a nicotine replacement therapy product, and
 22 shall have fourteen days from the date the entity sells its last nico-
 23 tine replacement therapy product to again stock and offer for retail
 24 sale a nicotine replacement therapy product.
 25 4. An entity that is subject to the requirements of subdivision one of
 26 this section shall:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15691-01-6

 S. 10366 2

 1 (a) display nicotine replacement therapy products that are offered for
 2 retail sale in a location behind the sales counter;
 3 (b) provide printed notice within the establishment that nicotine
 4 replacement therapy products are available for retail sale at that
 5 location; and
 6 (c) display the official logo, phone number, and internet address of
 7 the New York state smokers' quitline or a successor program.
 8 5. The commissioner may establish requirements concerning how and
 9 where materials described in paragraphs (b) and (c) of subdivision four
 10 of this section shall be displayed, as well as requirements concerning
 11 the size and other characteristics of such materials.
 12 6. For the purposes of this section, the following terms shall have
 13 the following meanings:
 14 (a) "Cigar shop" means a retail establishment wherein the only tobacco
 15 products and products related to tobacco use that are available for sale
 16 or commercial distribution are cigars and cigar accessories, including
 17 lighters, cigar cutters, humidors, and cigar carrying tubes. An estab-
 18 lishment shall be considered a cigar shop for the purposes of this
 19 section regardless of whether the establishment offers other, non-tobac-
 20 co products for sale or commercial distribution.
 21 (b) "Tobacco product" means any product containing, made of, or
 22 derived from tobacco or nicotine that is intended for human consumption