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This entry was published on 2019-11-15
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Public Health (PBH) CHAPTER 45, ARTICLE 13-F
§ 1399-ff. Enforcement. 1. Where a civil penalty for a particular
incident has not been imposed or an enforcement action regarding an
alleged violation for a particular incident is not pending under section
thirteen hundred ninety-nine-ee of this article, a parent or guardian of
a person under twenty-one years of age to whom tobacco products, herbal
cigarettes or electronic cigarettes are sold or distributed in violation
of this article may submit a complaint to an enforcement officer setting
forth the name and address of the alleged violator, the date of the
alleged violation, the name and address of the complainant and the
person under twenty-one years of age, and a brief statement describing
the alleged violation. The enforcement officer shall notify the alleged
violator by certified or registered mail, return receipt requested, that
a complaint has been submitted, and shall set a date, at least fifteen
days after the mailing of such notice, for a hearing on the complaint.
Such notice shall contain the information submitted by the complainant.

2. With respect to any penalty imposed with respect to a complaint
under this section, an enforcement officer other than the department
shall use fifty percent of such penalty collected for educational
efforts administered by the board or a local school district for the
purposes of preventing adolescent tobacco use.

3. The enforcement officer shall promptly notify the commissioner of
taxation and finance and the director of the division of the lottery of
any determination, made after a hearing, that a violation of this
article has occurred together with a direction to such commissioner and
director with respect to any action to be taken concerning registration
under section four hundred eighty-a of the tax law and licensing under
section sixteen hundred seven of the tax law.