Assembly Bill A11208

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11208
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced by M. of A. POWERS -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to requiring tobacco
   product retailers to offer nicotine replacement therapy  products  for
   sale
 
   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-lll to read as follows:
   §  1399-LLL.  TOBACCO  PRODUCT RETAILERS; NICOTINE REPLACEMENT THERAPY
 PRODUCTS REQUIRED. 1. ANY ENTITY, OTHER THAN A CIGAR SHOP,  THAT  SELLS,
 OFFERS FOR SALE, OR DISTRIBUTES FOR COMMERCIAL PURPOSE ANY TOBACCO PROD-
 UCT  WITHIN  THE  STATE OF NEW YORK SHALL MAINTAIN A STOCK OF, AND OFFER
 FOR RETAIL SALE, AT LEAST ONE TYPE OF NICOTINE REPLACEMENT THERAPY DRUG,
 DEVICE, OR COMBINATION PRODUCT THAT HAS BEEN  APPROVED  BY  THE  FEDERAL
 FOOD AND DRUG ADMINISTRATION FOR CESSATION OF TOBACCO USE.
   2. AN ENTITY THAT IS SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF
 THIS SECTION SHALL HAVE THE DISCRETION TO DETERMINE:
   (A)  THE NUMBER AND TYPE OF NICOTINE REPLACEMENT THERAPY PRODUCTS THAT
 THE ENTITY WILL STOCK AND OFFER FOR SALE;
   (B) THE QUANTITY OF EACH NICOTINE REPLACEMENT THERAPY PRODUCT THAT  IS
 STOCKED AND OFFERED FOR SALE; AND
   (C)  WHETHER  THE  ENTITY  WILL STOCK AND OFFER FOR SALE MORE THAN ONE
 TYPE OF NICOTINE REPLACEMENT THERAPY PRODUCT.
   3. AN ENTITY THAT IS SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF
 THIS SECTION THAT SELLS OUT OF  THE  ENTITY'S  FULL  STOCK  OF  NICOTINE
 REPLACEMENT  THERAPY  PRODUCTS SHALL HAVE FIVE BUSINESS DAYS TO PLACE AN
 ORDER FOR A NEW STOCK OF A NICOTINE  REPLACEMENT  THERAPY  PRODUCT,  AND
 SHALL  HAVE  FOURTEEN DAYS FROM THE DATE THE ENTITY SELLS ITS LAST NICO-
 TINE REPLACEMENT THERAPY PRODUCT TO AGAIN STOCK  AND  OFFER  FOR  RETAIL
 SALE A NICOTINE REPLACEMENT THERAPY PRODUCT.
   4. AN ENTITY THAT IS SUBJECT TO THE REQUIREMENTS OF SUBDIVISION ONE OF
 THIS SECTION SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15691-01-6
              

 A. 11208                            2
 
   (A) DISPLAY NICOTINE REPLACEMENT THERAPY PRODUCTS THAT ARE OFFERED FOR
 RETAIL SALE IN A LOCATION BEHIND THE SALES COUNTER;
   (B)  PROVIDE  PRINTED  NOTICE  WITHIN  THE ESTABLISHMENT THAT NICOTINE
 REPLACEMENT THERAPY PRODUCTS ARE  AVAILABLE  FOR  RETAIL  SALE  AT  THAT
 LOCATION; AND
   (C)  DISPLAY  THE OFFICIAL LOGO, PHONE NUMBER, AND INTERNET ADDRESS OF
 THE NEW YORK STATE SMOKERS' QUITLINE OR A SUCCESSOR PROGRAM.
   5. THE COMMISSIONER MAY  ESTABLISH  REQUIREMENTS  CONCERNING  HOW  AND
 WHERE  MATERIALS DESCRIBED IN PARAGRAPHS (B) AND (C) OF SUBDIVISION FOUR
 OF THIS SECTION SHALL BE DISPLAYED, AS WELL AS  REQUIREMENTS  CONCERNING
 THE SIZE AND OTHER CHARACTERISTICS OF SUCH MATERIALS.
   6.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "CIGAR SHOP" MEANS A RETAIL ESTABLISHMENT WHEREIN THE ONLY TOBACCO
 PRODUCTS AND PRODUCTS RELATED TO TOBACCO USE THAT ARE AVAILABLE FOR SALE
 OR COMMERCIAL DISTRIBUTION ARE CIGARS AND CIGAR  ACCESSORIES,  INCLUDING
 LIGHTERS,  CIGAR  CUTTERS, HUMIDORS, AND CIGAR CARRYING TUBES. AN ESTAB-
 LISHMENT SHALL BE CONSIDERED A CIGAR  SHOP  FOR  THE  PURPOSES  OF  THIS
 SECTION REGARDLESS OF WHETHER THE ESTABLISHMENT OFFERS OTHER, NON-TOBAC-
 CO PRODUCTS FOR SALE OR COMMERCIAL DISTRIBUTION.
   (B)  "TOBACCO  PRODUCT"  MEANS  ANY  PRODUCT  CONTAINING,  MADE OF, OR
 DERIVED FROM TOBACCO OR NICOTINE THAT IS INTENDED FOR HUMAN  CONSUMPTION
 OR  IS  LIKELY TO BE CONSUMED, WHETHER INHALED, ABSORBED, OR INGESTED BY
 OTHER MEANS, INCLUDING, BUT NOT LIMITED TO,  A  CIGARETTE,  CIGAR,  PIPE
 TOBACCO,  CHEWING  TOBACCO,  SNUFF,  OR SNUS; ANY VAPOR PRODUCT; AND ANY
 COMPONENT, PART, OR ACCESSORY OF  A  PRODUCT  CONTAINING,  MADE  OF,  OR
 DERIVED  FROM  TOBACCO  OR  NICOTINE  OR  A VAPOR PRODUCT, REGARDLESS OF
 WHETHER THE COMPONENT, PART, OR ACCESSORY CONTAINS TOBACCO OR  NICOTINE.
 A  TOBACCO  PRODUCT  INCLUDES,  BUT  IS NOT LIMITED TO, FILTERS, ROLLING
 PAPERS, BLUNT OR HEMP WRAPS, HOOKAHS, AND PIPES.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.