Adolescent Tobacco Use Prevention and Clean Indoor Air Act

Clean Indoor Air Act (CIAA)  

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The Clean Indoor Air Act (CIAA) is found in Article 13-E in the NYS Public Health Law and prohibits smoking and e-cigarettes/vaping in almost all places of employment, including restaurants and bars.  Employees and the public may confidentially report possible violations of the CIAA to the BCHD by calling 778-2847.

In November 22, 2017, Electronic Cigarettes were added to the New York State Clean Indoor Air Act.

For more on the Clean Indoor Air Act, click here.

Adolescent Tobacco Use Prevention Act (ATUPA)

The Adolescent Tobacco Use Prevention Act (ATUPA) is found in Article 13-F of the NYS Public Health Law which covers regulation of tobacco products and herbal cigarettes and their distribution to minors.  This law was enacted to help stop the sale of tobacco products and herbal cigarettes to anyone under the age of 18.  Included under this law are: cigarettes, cigars, bidis, gutka, chewing tobacco, powdered tobacco, shisha, or other tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers or smoking paraphernalia.  Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco.

  • We routinely visit businesses that sell tobacco to determine if they are in compliance with the law.  The BCHD takes enforcement against the operator of the business where underage sales are documented. 
  • The Broome County Sheriff may prosecute the cashier who makes the underage sale by charging the cashier with unlawfully dealing with a child, a second degree misdemeanor falling under Penal Law 260.21.
  • The BCHD is a NYSDOH certified tobacco sales trainer and sales clerks can take training classes free of charge whether they have sold tobacco to a minor or not.

New York State law also requires the name and address of the Retail Tobacco Dealer in violation of Article 13-F be made public.

Broome County ATUPA Violations 2023-24: ATUPA Violations 23-24

A Guide for Tobacco Merchants