S T A T E O F N E W Y O R K
________________________________________________________________________
8810
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. CASTRO -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of tobacco products in pharmacies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1399-mmm to read as follows:
S 1399-MMM. SALE OF TOBACCO PRODUCTS IN PHARMACIES PROHIBITED. 1. AS
USED IN THIS SECTION, "PHARMACY" SHALL MEAN A RETAIL ESTABLISHMENT IN
WHICH THE PROFESSION OF PHARMACY BY A PHARMACIST LICENSED BY THE STATE
OF NEW YORK IS PRACTICED AND WHERE PRESCRIPTIONS ARE OFFERED FOR SALE. A
PHARMACY MAY ALSO OFFER OTHER RETAIL GOODS IN ADDITION TO PRESCRIPTION
PHARMACEUTICALS.
2. NO PERSON, FIRM, PARTNERSHIP, COMPANY OR CORPORATION OPERATING A
PHARMACY OR ANY AGENT THEREOF SHALL SELL OR OFFER FOR SALE ANY TOBACCO
PRODUCT AS DEFINED BY SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED NINE-
TY-NINE-AA OF THIS ARTICLE.
3. ANY PERMIT TO SELL TOBACCO PRODUCTS PREVIOUSLY ISSUED TO A PHARMACY
SHALL EXPIRE UPON THE EFFECTIVENESS OF THIS SECTION AND SHALL NOT BE
RENEWED IF SALES OF SUCH TOBACCO PRODUCTS BY THE PHARMACY ARE PROHIBITED
PURSUANT TO THIS SECTION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13265-01-1