senate Bill S3607

2013-2014 Legislative Session

Provides for the prohibition of sale of tobacco products at pharmacies

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Feb 07, 2013 referred to health

S3607 - Bill Details

See Assembly Version of this Bill:
A7418
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add ยง1399-dd-1, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6506, A3329, A8839
2009-2010: S1234, A5890

S3607 - Bill Texts

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Provides for the prohibition of sale of tobacco products at pharmacies and pharmacy departments.

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BILL NUMBER:S3607

TITLE OF BILL: An act to amend the public health law, in relation to
sale of tobacco products in pharmacies

PURPOSE OR GENERAL IDEA OF BILL: This bill would make it illegal for
pharmacies and pharmacy departments as defined in paragraph f of subdi-
vision two of section sixty-eight hundred eight of the education law to
sell cigarettes or other tobacco products.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the public health law by adding a new section relat-
ing to the sale of tobacco products at pharmacies. The amendment would
make it illegal for pharmacies or pharmacy departments to sell or offer
any tobacco products.

Section two states an enactment clause

JUSTIFICATION: The United States surgeon general has found that smoking
of cigarettes and the use of other tobacco products are harmful to one's
health. Therefore the sale of such products in any establishment whose
purpose is to provide remedies to health problems is contradictory. In
addition, unlike convenience stores that sell alcoholic beverages along
with tobacco products, pharmacies are allowed to hire individuals young-
er than 18 years of,age because of the prohibited sale of alcohol in
such settings. The availability of cigarettes and tobacco products to
minors would be hindered if this amendment becomes law because in many
instances the minor employed at the pharmacy counter is more likely to
sell tobacco products to a classmate mate not eighteen years of age.

PRIOR LEGISLATIVE HISTORY: 02/23/09 Referred to health 01/06/10
Referred to health 01/24/11 Referred to health 07/11/11 Enacting clause
stricken 2012: S.6506 - Referred to Health/A.8839 - Referred to Health

FISCAL IMPLICATIONS: None,

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3607

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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  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-dd-1 to read as follows:
  S  1399-DD-1. SALE OF TOBACCO PRODUCTS IN PHARMACIES.  NO PERSON SHALL
SELL TOBACCO PRODUCTS IN A PHARMACY OR IN A RETAIL ESTABLISHMENT, IF:
  1. A PHARMACY AS A DEPARTMENT, AS SUCH TERM IS DEFINED IN PARAGRAPH  F
OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION
LAW, IS WHOLLY CONTAINED WITHIN SUCH ESTABLISHMENT; OR
  2.  CUSTOMERS  OF THE PHARMACY MUST PASS THROUGH A CORRIDOR OR AN AREA
OWNED, LEASED OR CONTROLLED BY THE RETAIL ESTABLISHMENT AND USED  EXCLU-
SIVELY TO ACCESS THE PHARMACY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05568-01-3

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