9/27/2013
Bureau of Community Environmental
Health and Food Protection
Tobacco Enforcement Section
Brian Miner, Chief Sanitarian
Kathleen Munn, Principal Sanitarian
Melissa Wright, Senior Sanitarian
Carolyn Caldwell, Senior Sanitarian
Which statement about the health effects of
cigarette smoking is true?
1) Smoking only harms the lungs
2) The adverse health effects account for 1 of every
100 deaths per year in the US
3) Smoking reduces the health of smokers in general.
4) Smoking decreases a person's risk for infections,
dental disease and eye diseases.
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Health Effects of Cigarette Smoking
Smoking harms nearly every organ of the body; causing
many diseases and reducing the health of smokers in general.
The adverse health effects from cigarette smoking account
for an estimated 438,000 deaths, or nearly 1 of every 5
deaths, each year in the United States.*
In 2 years that is like losing the entire population of Buffalo,
Rochester, Syracuse and Yonkers combined.
*CDC -Centers for Disease Control and Prevention - January 2008
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True or False?
 When people quit smoking, their bodies begin to
recover, and their risk for smoking-related diseases
decreases over time.
 Risks continue to decrease the longer they stay smoke
free.
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N E W YO R K S TAT E TO B AC CO CO N T RO L P RO G R A M
P RO G R A M A P P ROAC H
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COMMUNITY ACTION: The NYS TCP supports community
organizations, youth, schools and colleges to implement policies and systems
changes that establish and support a tobacco-free norm.
PUBLIC HEALTH COMMUNICATIONS: The NYS TCP uses mass
media, public relations and media advocacy to motivate tobacco users to quit,
promote smoke-free homes and cars, promote effective tobacco control
community policies, expose tobacco industry propaganda, and reduce the social
acceptability of tobacco use.
CESSATION APPROACHES: The NYS TCP works with health care
systems, insurers and employers to increase provision of and coverage for tobacco
dependence treatment. While recognizing that most tobacco users quit on their
own, the NYS TCP provides cessation support and services through the New York
Smokers’ Quitline.
What We Do
 Use the most current research findings to drive program activities.
 Work collaboratively with state and national partners to ensure
program goals are met.
 Implement comprehensive media campaigns to promote cessation
by focusing on the dangers of secondhand smoke, and deception
by the tobacco industry.
 Develop and expand public relations and media advocacy
strategies to frame tobacco control issues, keep tobacco control
on the public agenda, and increase support for tobacco control
among decision-makers and the public.
 Oversee enforcement of Tobacco Youth Access Law and Clean
Indoor Air Act
Percentage of Adults Who Currently Smoke in
New York (BRFSS) and Nationally (NHIS), 2000-11
25
20
23.1
21.6
22.6 22.3
21.5
23.2 22.3
21.6
20.8 20.8
19.9
19.7 20.5
18.2
15
20.4 20.6
19.4
20.5
18.9
19.3
17.7
16.8 17.9
15.5
10
5
USA
NY
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
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Percentage of High School and Middle School Students Who Currently Smoke in
New York 2000 - 2012
Trends in Other Tobacco Use Among High School Students in New York State, 2000-2012
Program Funding for Tobacco Enforcement
Year 15, SFY 2012 – 2013
Part of the State’s $45.6 million Tobacco Control
Budget administered through CCH (HCRA funds).
$4.8 million allocated to CEH BCEHFP - distributed
to local enforcement officers in the county health
departments and NYC
Staffing support is provided to District Offices
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Adolescent
Tobacco
Use
Prevention
Act
ATUPA
Public Health Law Article 13-F
Regulation of Tobacco Products,
Herbal Cigarettes and Smoking
Paraphernalia; Distribution to
Minors
ATUPA
Which statement about ATUPA is true?
1) Requires retailers to proof persons buying cigarettes
who appear under 27 years of age
2) Enforcement measures are aimed at making tobacco
products less accessible to minors.
3) The goal is to prevent adults from buying cigarettes
for minors.
ATUPA
Each day in the US, about 3,900 young people between the
ages of 12 and 17 smoke their first cigarette. Each day about
1,000 young people become daily smokers.
The Adolescent Tobacco Use Prevention Act requires
retailers to obtain proof, from anyone under the appearance
of 25, that the person buying cigarettes is at least 18 years of
age.
Enforcement measures are aimed at helping to lower the
prevalence of tobacco use among youth by making tobacco
products less accessible to minors.
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ATUPA
Tobacco Enforcement Agreement and Workplan
•
Conduct at least one compliance check with underage
youth (16 or 17 yrs. old) at each tobacco retailer
during the program year.
•
Conduct re-inspections at retailers with active points
on record for prior sales to minors.
•
Enter all services, time and enforcement activity into
eHIPS. Report activity quarterly using eHIPS
generated reports.
ATUPA
Tobacco Enforcement Agreement and Workplan
At least annually, verify that all tobacco retailers and vendors:
•
Post required signage
•
Have a valid DTF registration to sell tobacco
•
For vending machines verify location and acceptable
supervision
•
Display and store tobacco, herbal and electronic
cigarettes either behind the counter or in a locked
container
ATUPA
Product Placement Restrictions
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ATUPA
Proof of Age Required
.
ATUPA
ATUPA
Amendment to PHL Article 13-F
Effective January 1, 2012
Defines Shisha as any product made primarily of tobacco or
other leaf, or any combination thereof, smoked or intended to
be smoked in a hookah or water pipe.
The amendment also defines Smoking Paraphernalia as any
pipe, water pipe, hookah, rolling papers, vaporizer or any
other device, equipment or apparatus designed for the
inhalation of tobacco.
Sale of Shisha and Smoking paraphernalia is restricted to
individuals at least 18 years of age.
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ATUPA
ATUPA
New Amendment to PHL Article 13-F
Effective January 1, 2013
Restricts the sale of “electronic cigarettes” to individuals at least 18 years of
age.
Defines “electronic cigarette” or “e-cigarette” means a battery-operated
device that contains cartridges filled with a combination of nicotine, flavor
and chemicals that are turned into vapor which is inhaled by the user.
The amendment also specifies addition of “electronic cigarette” to required
signage.
ATUPA
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ATUPA
Bidis / Gutka tobacco only business
Bidis - a product containing tobacco that is wrapped in
temburni leaf (diospyros melanoxylon) or tendra leaf
(diospyros exculpra), or any other product offered to
consumers as "beedies“ or "bidis".
Gutka - a product containing lime paste, spices, areca and
tobacco.
ATUPA
ATUPA
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ATUPA
Out of Package / Minimum Package Size Requirements
•
Cigarettes must be sold in their original package, carton or box; i.e., sale of loose
cigarettes is prohibited.
•
Minimum Package Size Restrictions- Prohibits the sale of cigarettes, cigarette
wrapping papers, leaves, sheets or tubes in containers of fewer than 20, and also the
sale of roll your own tobacco in containers less than six-tenths of an ounce. Exempts
cigars and cigar wrappings.
ATUPA
Enforcement
A Notice of Violation is issued within 7 business days for:
•
•
•
•
•
•
•
Sale to under-aged youth
Minimum package size violations
Out-of-package sales
Selling bidis or gutka from non tobacco business
Self-service violations
Vending machine supervision or location violations
Selling tobacco while registration is suspended or
revoked
ATUPA
Fines
•
First violation - $300 to $1000
•
Subsequent - $500 to $1,500
•
$50 surcharge / violation cited
•
$2,500 violation while suspended
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ATUPA
Points System
•
2 points assessed for every sale to minor
violation
•
1 point assessed if the individual who sold
has a valid certificate from a NYS
Certified Tobacco Sales Training Program
ATUPA
Enforcement - Other Penalties
Accumulation of 3 or more points
•
6 month suspension of DTF and
Lottery License
Any 4 violations in 3 year period
• 1 year suspension of DTF and
Lottery License
Violation while under suspension
• Permanent revocation of DTF
ATUPA
Year 14 Highlights
• Over 20,000 registered retailers
• Nearly 36,219 compliance
investigations
• Nearly 1,808 sales to minors
• $1.5 million in fines assessed
• Retailer Non-compliance rate
5.0%
• 274 DTF suspensions
• 91 Lottery license suspensions
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ATUPA
National and New York State Synar Comparison
for Tobacco Retailers
Sale to Minor Non-Compliance Rates
0.45
40.1%
0.4
0.35
0.3
25.4%
0.25
20.5%
0.2
20.0%
17.5%
16.3%
14.1%
0.15
12.8%
11.6%
0.1
10.9%
10.5%
9.9%
10.9%
9.3%
8.5%
4.99%
0.05
0
National Synar Survey Non-Compliance Rate
*2012 NYS Non‐Compliance Rate is For an 18 Month Period 10/1/10 ‐ 3/31/12
ATUPA
New York State Synar Survey Non-Compliance Rate
New York State Non-Compliance Rate
Tobacco Users and Trends among Minors
2012 NYS Youth Tobacco Survey
The downward trend in current use of cigarettes by middle school and high school students continues
ATUPA
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NYS Clean Indoor Air Act (CIAA)
Public Health Law
Article 13-E
Regulation of Smoking in
Certain Public Areas
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CIAA
Smoking Restrictions
“Smoking shall not be permitted and no person shall
smoke in the following indoor areas:”
•
•
•
Places of employment;
• Child care centers
Bars;
•
Group homes, institutions
and residential treatment
facilities for children
•
•
Indoor swimming Pools
•
Public and Private Colleges
and Universities - including
dormitories
Food service
establishments;
Public means of mass
transportation
CIAA
Smoking Restrictions (cont.)
“Smoking shall not be permitted and no person shall
smoke in the following indoor areas:”
•
•
•
•
•
CIAA
Hospitals and residential care facilities
Commercial Establishments
Indoor Arenas
Zoos
Bingo Facilities
Smoking Restrictions (cont.)
“Smoking shall not be permitted and no person shall
smoke in the following Outdoor areas:”
• Outdoor areas of ticketing, boarding, or platform
areas of railroad stations operated by the Metropolitan
Transportation Authority or its subsidiaries.
•
Within 100 feet of the entrances, exits or outdoor areas
of any public or private elementary or secondary
schools. (effective 9/5/2012)
•
Playgrounds during the hours between sunrise and
sunset, when one or more persons under the age of
twelve are present. (effective 10/12/2013)
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CIAA
Smoking Restrictions (cont.)
“Smoking shall not be permitted and no person shall
smoke in the following Outdoor areas:”
•
On the grounds of general hospitals and residential
health care facilities and within 15 feet of a building
entrance or exit or within 15 feet of the entrance to or
exit from the grounds.
Smoking by a patient and their visitors or guests in a
designated smoking area may be permitted provided
such area is not within 30 feet of any building structure.
(effective 10/29/2013)
CIAA
Smoking Restrictions Inapplicable
The CIAA does not apply to:
•
•
•
•
•
•
•
Private homes, private residences and private automobiles
A hotel or motel room rented to one or more guests
Retail Tobacco Businesses
Membership associations
Cigar bars in existence before December 31, 2002
Up to 25% of outdoor dining area of foodservice establishments
Enclosed rooms in restaurants, bars, convention halls etc. used
for the primary purpose of promoting and sampling tobacco
products
CIAA
Percentage of Adults In Favor of New York’s Clean Indoor Air
Act, NYS Adult Tobacco Survey, 2003 - 2009
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CIAA
CIAA
CIAA
Complaint Investigations
•
First Complaint- Advisory Notice
•
Subsequent Complaints-On-Site Investigation
•
After Investigation Operator Notified of Results
•
Complaints, Investigations and Enforcement
must be entered into eHIPS
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CIAA
Enforcement Workplan
• Notice of Violation issued within 7 business days
for all violations
•
Re-inspection Within Six Months
•
Program Reporting - Quarterly
• Web Posting for Active CIAA Waivers
CIAA
Statewide CIAA Enforcement Summary
*Excludes NYC
Data Unavailable Jul-Sept 2009
4000
3500
3000
2500
2000
1500
1000
500
0
# of Complaints
# of Investigations (related to a complaint)
# of Enforcement Actions
CIAA
NYC SFAA Enforcement Summary
4500
4000
3500
3000
2500
2000
1500
1000
500
0
# of Complaints
# of Investigations (related to a complaint)
# of Enforcement Actions
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CIAA
WAIVERS
•
Active Waivers in NYS = 134
•
Active Foodservice Establishments in
NYS = ~90,000
•
Less than .2% with waivers
CIAA
CIAA Waiver Activity
Questions?
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