New York A 389: Enacts the "tobacco-free pharmacies act"

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
            S. 592--A                                              A. 389--A
            Cal. No. 190
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          --  reported  favorably  from said committee, ordered to first report,
          amended on first report,  ordered  to  a  second  report  and  ordered
          reprinted, retaining its place in the order of second report
        IN  ASSEMBLY  --  Introduced by M. of A. GALEF, ORTIZ, JAFFEE, DINOWITZ,
          SIMON, BUCHWALD, D'URSO, GLICK, RIVERA, L. ROSENTHAL, BLAKE, MONTESANO
          -- read once and referred to the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  public  health law, in relation to enacting the
          "tobacco-free pharmacies act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Tobacco-Free Pharmacies Act".
     3    § 2. The public  health  law  is  amended  by  adding  a  new  section
     4  1399-mm-1 to read as follows:
     5    §  1399-mm-1.  Sale  of tobacco products in pharmacies. 1.  No tobacco
     6  products, herbal cigarettes, vapor products,  or  electronic  cigarettes
     7  shall be sold in a pharmacy or in a retail establishment that contains a
     8  pharmacy  operated as a department as defined in paragraph f of subdivi-
     9  sion two of section sixty-eight hundred eight of the education law.
    10    2. The commissioner  shall  have  sole  jurisdiction  to  enforce  the
    11  provisions of this section.
    12    3.  If  a  violation is suspected by the commissioner, notice shall be
    13  given and a  hearing  shall  occur  to  determine  if  a  violation  has
    14  occurred.  The  hearing shall be conducted pursuant to the provisions of
    15  section twelve-a of this chapter.
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD00256-03-9

        S. 592--A                           2                          A. 389--A
     1    4. If the commissioner determines after a hearing that a violation  of
     2  this section has occurred, a civil penalty may be imposed by the commis-
     3  sioner in an amount not to exceed two thousand dollars per violation. No
     4  other penalty, fine or sanction may be imposed, provided that nothing in
     5  this  section  shall  be  construed  to  prohibit  the commissioner from
     6  commencing a proceeding for injunctive relief to compel compliance  with
     7  this section.
     8    § 3. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law.