Under ATUPA, businesses can only sell these age-restricted products to individuals who present valid identification proving they are at least 21 years of age. 

To meet legal obligations under Article 13-F (Section 1399-ee 5), ACDOH publishes quarterly reports listing businesses that have violated ATUPA provisions.

The NYS law requires each report to include details of violations, such as the business name, address, and number of times the business has been in violation.

• January 2025-March 2025
• October - December 2024
• July - September 2024

NYS Public Health Law Article 13-F establish permit requirements for businesses that sell tobacco products.

All businesses selling tobacco products in New York State must hold a valid Retail Dealer Certificate of Registration for Cigarettes and/or Tobacco Products (DTF 716 or DTF 719-MN), issued by the NYS Department of Taxation and Finance (DTF). This permit must be current, posted visibly within the establishment, and, in the case of vending machines, directly displayed on the machine itself.

Federal Regulations: Only adult-only facilities may have tobacco vending machines, and each machine must also display a valid DTF Certificate of Registration.

ACDOH conducts regular compliance checks to ensure vendors that sell tobacco products are adhering to state tobacco sales laws. Compliance checks may involve:

• Engaging an underage youth to verify compliance with age-restriction laws.
• Confirming ID checks for customers appearing under age 25.
• Verifying that prohibited flavored vapor products are not for sale.
• Ensuring loose or unpackaged cigarettes are not sold.
• Confirming that tobacco and vapor products are behind the counter or locked.
• Ensuring that bidis and gutka are sold only at designated tobacco businesses.
• Checking that all relevant signage, including the DTF registration, is posted visibly.
• Validating that businesses with suspended or revoked registrations are not selling tobacco products or vapor products.
• Non-compliant vendors are subject to enforcement actions under NYS Public Health Law Article 13-F, and violators and unregistered dealers are reported to the DTF for enforcement.

The New York State Clean Indoor Air Act (Public Health Law, Article 13-E) requires that nearly all indoor public spaces and workplaces, including bars and restaurants, remain smoke-free. Business owners are responsible for informing employees and patrons of these restrictions and displaying “No Smoking” signs prominently.

Passed by the Albany County Legislature on April 12, 2021, the Albany County Smoke-Free Common Areas Law to protect residents of multi-unit housing from the harmful effects of exposure to secondhand smoke. This local law prohibits smoking and vaping of tobacco, marijuana, or similar products in indoor common areas and within ten (10) feet of windows and outdoor ventilation intakes.

While restricting smoking and vaping in common areas is an important measure, many housing providers are taking further steps to make buildings entirely smoke-free by implementing policies that cover all indoor spaces, including individual units. For property owners interested in adopting or enforcing a smoke-free policy in residential buildings or complexes, Tobacco Free NYS has developed a Smoke-Free Housing Toolkit to provide guidance and support.

To report a retailer that is selling tobacco products to anyone under the age of 21 or is selling prohibited flavored vapor products, please contact the ACDOH Environmental Health Division at (518) 447-4620.

All retailers of tobacco and vapor products are responsible for understanding and following NYS Youth Access Tobacco Control Law (Public Health Law Article 13-F).

• Guides and Legal Information: Review the NYS Guide for Tobacco and Vapor Product Dealers and the Youth Access Tobacco Control Laws. Access the full law for further details.
• Signage and Compliance Materials: Download required signage and business guidance from the NYS Department of Health to ensure your establishment meets compliance standards.
• Tobacco Sales Training: While tobacco and vapor product retailers are not required by Public Health Law to attend a training program, section 1399-ee offers a reduced penalty for sale-to-minor violations if the clerk who made the sale previously attended a State Certified Tobacco Sales Training course and holds a valid certificate of completion. Certified programs, approved by the Bureau of Community Environmental Health and Food Protection, meet minimum curriculum requirements and are available in-person, online, or both. Certification must be renewed every three years.
• Compliance checklist for tobacco retailers

• Parents Against Vaping E-cigarettes (PAVe)
• Capital District Tobacco-Free Communities (CDTFC)
• E-Cigarette Use Among Youth (CDC)
• Helping Teens Quit (American Lung Association)
• Youth Tobacco Trends (2022, CDC)

• Health Effects of Tobacco Use (FDA)
• Harms of Cigarette Smoking and Health Benefits of Quitting (National Cancer Institute)
• How to Quit Smoking (CDC)
• What It’s Like to Quit Smoking (FDA)
• The New York State Quitline
• Quit Vaping (U.S. Dept. of Health and Human Services)