N.Y. PBH Law § 1399-II — New York Code / Act PBH / Article 13-F / Section 1399-II
Tobacco and vapor product use prevention and control program
Status: in_force

§ 1399-ii. Tobacco and vapor product use prevention and control\nprogram. 1. To improve the health, quality of life, and economic\nwell-being of all New York state citizens, there is hereby established\nwithin the department a comprehensive statewide tobacco and vapor\nproduct use prevention and control program.\n  2. The department shall support tobacco and vapor product use\nprevention and control activities including, but not limited to:\n  (a) Community programs to prevent and reduce tobacco use through local\ninvolvement and partnerships;\n  (b) School-based programs to prevent and reduce tobacco use and use of\nvapor products;\n  (c) Marketing and advertising to discourage tobacco, vapor product and\nliquid nicotine use;\n  (d) Nicotine cessation programs for youth and adults;\n  (e) Special projects to reduce the disparities in smoking prevalence\namong various populations;\n  (f) Restriction of youth access to tobacco products and vapor\nproducts;\n  (g) Surveillance of smoking and vaping rates; and\n  (h) Any other activities determined by the commissioner to be\nnecessary to implement the provisions of this section.\n  Such programs shall be selected by the commissioner through an\napplication process which takes into account whether a program utilizes\nmethods recognized as effective in reducing nicotine use. Eligible\napplicants may include, but not be limited to, a health care provider,\nschools, a college or university, a local public health department, a\npublic health organization, a health care provider organization,\nassociation or society, municipal corporation, or a professional\neducation organization.\n  3. (a) There shall be established a tobacco use prevention and control\nadvisory board to advise the commissioner on tobacco use prevention and\ncontrol issues and vapor product use amongst persons less than\ntwenty-one years of age, including methods to prevent and reduce tobacco\nuse in the state.\n  (b) The board shall consist of seventeen members who shall be\nappointed as follows: nine members by the governor; three members by the\nspeaker of the assembly; three members by the temporary president of the\nsenate and one member each by the minority leader of the senate and\nminority leader of the assembly. Any vacancy or subsequent appointment\nshall be filled in the same manner and by the same appointing authority\nas the original appointment. The chairperson of the board shall be\ndesignated by the governor from among the members of the board.\n  (c) The members shall serve for terms of two years commencing on the\neffective date of this section. Members of the board shall receive no\ncompensation but shall be reimbursed for reasonable travel and other\nexpenses incurred in the performance of their duties hereunder.\n  (d) The board shall meet as often as it deems necessary, but no less\nthan four times a year. No nominee to the board shall have any past or\ncurrent affiliation with the tobacco industry, vapor products industry\nor any industry, contractor, agent, or organization that engages in the\nmanufacturing, marketing, distributing, or sale of tobacco products. The\nboard shall be appointed in full within ninety days of the effective\ndate of this section.\n  (e) The department shall prepare and submit to the board a spending\nplan for the tobacco and vapor product use prevention and control\nprogram authorized pursuant to the provisions of subdivision one of this\nsection no later than thirty days after the submission of the budget to\nthe legislature.\n