[Adopted 4-9-2019 by L.L.
No. 13-2019]
This Legislature hereby finds and determines that tobacco use
is conclusively linked to a number of health problems, including cancer,
cardiovascular disease, respiratory disease and negative birth outcomes.
This Legislature also finds and determines that the United States
Department of Health and Human Services has stated that nicotine,
the addictive substance in tobacco products, is as addictive in nature
as cocaine or herein. This Legislature further finds and determines
that nicotine is known to affect cognitive function, increase blood
pressure, respiration and heart rate, and is a known contributor to
cardiovascular disorders, including cardiomyopathy, peripheral vascular
disease, atherosclerosis, hypertension, direct coronary spasm and
ischemia. This Legislature finds that pharmacies exist to aid communities
in maintaining health and wellness by providing individuals with necessary
prescription medications and over-the-counter treatments for common
maladies like headaches, colds and indigestion. This Legislature determines
that selling tobacco products is directly at odds with a pharmacy's
mission as a health-oriented business. This Legislature also finds
that, in July of 2009, the Pharmacist Society of the State of New
York, House of Delegates, passed a resolution supporting efforts to
end the sale of tobacco products in pharmacies. This Legislature further
finds that many large-scale pharmacy operations have already ceased
the sale of tobacco products as a means to align their businesses
with the health-care role they serve in the community. This Legislature
also determines that in order to promote the health, safety and well-being
of County residents, all pharmacies and retail establishments containing
a pharmacy should be prohibited from selling tobacco products in Suffolk
County. Therefore, the purpose of this article is to prohibit the
sale of tobacco products at pharmacies in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any product that is intended or reasonably expected to be used
with or for the human consumption of a tobacco product or electronic
aerosol delivery system; does not contain tobacco and is not made
or derived from tobacco; and meets either of the following:
"Accessory" includes, but is not limited to, carrying cases,
lanyards, and holsters.
The Suffolk County Commissioner of the Department of Health
Services.
Any software or assembly of materials intended or reasonably
expected:
"Part" excludes anything that is an accessory, and includes,
but is not limited to, e-liquids, cartridges, certain batteries, heating
coils, programmable software, rolling papers, and flavorings for tobacco
products or electronic aerosol delivery systems.
Any place registered as a pharmacy pursuant to New York Education
Law § 6802.
Any product made or derived from tobacco that is intended
for human consumption, including, but not limited to, any component,
part or accessory of a tobacco product, whether or not the product
contains nicotine, cigarettes, loose tobacco, chewing tobacco, cigars,
powdered tobacco, shisha, herbal cigarettes, electronic cigarettes,
electronic liquids, rolling paper and smoking paraphernalia. "Tobacco
product" does not include drugs, devices, or combinations of products
authorized for sale by the state or United States Food and Drug Administration,
as those terms are defined in the Federal Food, Drug, and Cosmetic
Act as nicotine replacement therapies.
No pharmacy located in Suffolk County shall sell or offer for
sale tobacco products.
This article shall be enforced by the Department of Health Services.
A.
Violation of this article shall be subject to a civil penalty of
up to $2,000 per violation.
B.
No civil penalty shall be imposed under this article until after
a hearing has been held before the Commissioner, or his designee,
upon at least seven business days' notice to the pharmacy. Such
notice shall be served either personally or by certified mail, return
receipt requested, to the address of the pharmacy and shall state
the date, time and place of the hearing as well as enumerate the grounds
constituting the alleged violation by the pharmacy. The pharmacy may
produce witnesses in its own behalf. A record of the hearing shall
be taken and preserved. For the purpose of such hearing, the Commissioner
or his designee may administer oaths, subpoena witnesses and compel
the production of books, papers, records and other documents deemed
pertinent to the subject of the hearing.
This article shall apply to all actions occurring on or after
the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect 180 days subsequent to its filing
in the office of the Secretary of State.
