senate Bill S7106

2013-2014 Legislative Session

Relates to the display of tobacco products in 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 28, 2014 referred to health

S7106 - Bill Details

See Assembly Version of this Bill:
A9096A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 13-F ยง1399-ccc, Pub Health L

S7106 - Bill Texts

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Relates to the display of tobacco products in pharmacies.

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BILL NUMBER:S7106

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

SUMMARY OF PROVISIONS:

Section 1 amends Article 13-F of the public health law by adding a new
section 1399-ccc requiring licensed retail pharmacies and other retail
stores with a licensed pharmacy on the premises, that sell tobacco
products shall only display tobacco products including, but not limited
to, tobacco, cigarettes, and cigars, in a manner so that display of
tobacco products is covered out of view from the public. Such covering
shall be determined by the management of the retail store. This section
shall apply to both chain and non-chain pharmacies that operate in the
state of New York.

Section 2 provides the effective date.

JUSTIFICATION:

The vast majority of tobacco marketing is focused on the point of sale
and retail locations are the primary place where tobacco companies
recruit new tobacco users. Tobacco marketing inside the retail environ-
ment is often found in the form of "power walls." The term "power wall"
refers to tobacco product displays set up behind the cash register.

Research indicates that youth exposure to tobacco marketing in the
retail environment is correlated to youth tobacco use. Approximately 90
percent of new tobacco users are minors. Minimizing exposure to tobacco
products will lead to fewer youths taking up the habit of tobacco use.

Although there is little doubt that reducing the morbidity and mortality
from tobacco use remains one of the most important public health chal-
lenges of the 21st century, the paradox of cigarette sales in pharmacies
has become even more relevant. This is due in large part because of
changes in the pharmacy industry moving toward preventative care and
counseling as health care professionals as opposed to just being dispen-
sers of medications. As the role of the pharmacist and pharmacy profes-
sion moves toward preventative care, it is apparent that the pharmacy
profession is in a great position to educate those using tobacco
products and to encourage participation in a smoking cessation option.
Encouraging shielded display of tobacco products in a pharmacy assists
this goal and heightens the new role of pharmacy in healthcare.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

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

                                  7106

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced by Sen. MARCHIONE -- 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 the display 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. Article 13-F of the public health law is amended by adding
a new section 1399-ccc to read as follows:
  S 1399-CCC. REGULATIONS ON PHARMACIES  SELLING  TOBACCO.  1.  LICENSED
RETAIL  PHARMACIES  AND  OTHER RETAIL STORES WITH A LICENSED PHARMACY ON
THE PREMISES, THAT SELL TOBACCO  PRODUCTS  SHALL  ONLY  DISPLAY  TOBACCO
PRODUCTS  INCLUDING, BUT NOT LIMITED TO, TOBACCO, CIGARETTES AND CIGARS,
IN A MANNER SO THAT DISPLAY OF TOBACCO PRODUCTS IS COVERED OUT  OF  VIEW
FROM  THE PUBLIC. SUCH COVERING SHALL BE DETERMINED BY THE MANAGEMENT OF
THE RETAIL STORE.
  2. THIS SECTION SHALL APPLY TO BOTH  CHAIN  AND  NON-CHAIN  PHARMACIES
THAT OPERATE IN THE STATE OF NEW YORK.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13906-07-4

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