BILL NUMBER:  S5433A

 TITLE OF BILL :  An act to amend the public health law, in relation
to enacting the "tobacco-free pharmacies act"

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to enact the "Tobacco-Free
Pharmacies Act", which would prohibit the sale of tobacco products in
pharmacies.

 SUMMARY OF PROVISIONS :

Section 1. This act shall be known and cited as the "Tobacco-Free
Pharmacies Act".

Section 2. A new section 1399-dd-1 is added to the Public Health Law,
which defines pharmacies as any place registered by the New York State
Board of Pharmacy and with the Federal Agency pursuant to the federal
controlled substances act. It also includes any place where drugs and
medical components are possessed for the purpose of preparing,
compounding, preserving or dispensing of drugs, medicines and
therapeutic devices on the basis of a prescription. This includes
facilities and retailers that operate or maintain a pharmacy within
their premises but shall not include other retailers co-located in a
mall or other similar facility where such pharmacy is located. No
              

pharmacy shall sell or cause to be sold tobacco products. The
commissioner has sole jurisdiction to enforce the provisions of this
section. Details are also given in case there are violations.

Section 3. Establishes the effective date.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

The effective date is extended to give adequate time for affected
stores to eliminate their inventory and so they will have time to puts
accommodate these changes. Also, in the text of the bill, it clearly
states that this will apply to pharmacies and stores that operate a
pharmacy within, and that it does not apply to two separate stores
within a mall type setting.

 JUSTIFICATION :

On the Centers for Disease Control and Prevention (CDC) website it
states that smoking is the leading cause of preventable death, that it
harms nearly every organ of the body, and that in 2011, nearly 70% of
adult cigarette smokers wanted to stop.

We know all the diseases that are caused by smoking such as cancer,
diabetes, chronic obstructive pulmonary disease, and heart disease,
yet based on a 2015 CDC report, as of 2014, the adult smoking rate is
still at 16.8%.

The American Nonsmokers' Rights Foundation (January 2017) establishes
that municipalities in California, Massachusetts and Minnesota have
passed tobacco-free pharmacy laws. In 2014, all CVS Pharmacies,
currently located in 49 states, decided to go tobacco-free by choice.
It only makes sense, a business intended to make us feel better should
not sell their customers products that, when taken as attended, would
cut their lifespan by an average of 10 years. Earlier this year,
Rockland County became the first county in New York to enact the
"Tobacco-Free Pharmacies Act", and we hope the State will follow in
those footsteps become the first in enacting a statewide law.

This legislation will apply to all pharmacies, and all stores that
operate a pharmacy within. In the past, similar laws were enacted that
 PRIOR LEGISLATIVE HISTORY :

This is new legislation.
Similar To:
A. 7418 and S. 3607 of 2013/2014;
A. 8839 and S. 6506 of 2011/2012 (New Assembly Sponsor);
A. 3329 and S. 6506 of 2011/2012 (Sponsor Left Assembly);
A. 5890 and S. 1234 of 2009/2010;
A. 8395-A and S.8097 of 2007/2008

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

There are no fiscal implications associated with the passage of this
legislation.

 EFFECTIVE DATE :
This act shall take effect one year 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.