2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-KK - Annual Tobacco and Vapor Product Enforcement Reporting.

§ 1399-kk. Annual tobacco and vapor product enforcement reporting. The
commissioner shall submit to the governor and the legislature an interim
tobacco  control  report  and annual tobacco control reports which shall
describe the extent of the use of tobacco products and  vapor  products,
intended  or  reasonably expected to be used with or for the consumption
of nicotine, by those under twenty-one years of age  in  the  state  and
document  the progress state and local governments have made in reducing
such use among those under twenty-one years of age.
1. The interim tobacco control report. The commissioner  shall  submit
to the governor and the legislature an interim tobacco control report on
or  before  September first, nineteen hundred ninety-eight. Such interim
report  shall,  to  the  extent  practicable,  include   the   following
information on a county by county basis:
(a) number of licensed and registered tobacco retailers and vendors;
(b)  the  names  and  addresses of retailers and vendors who have paid
fines, or have been otherwise penalized, due to enforcement actions;
(c) the number of complaints filed  against  licensed  and  registered
tobacco retailers;
(d)  the  number  of  fires caused or believed to be caused by tobacco
products and deaths and injuries resulting therefrom;
(e) the number and type of compliance checks conducted; and
(f) such other information as the commissioner deems appropriate.
2. The commissioner shall submit to the governor and  the  legislature
an annual tobacco and vapor products, intended or reasonably expected to
be  used  with  or for the consumption of nicotine, control report which
shall describe the extent of the  use  of  tobacco  products  and  vapor
products,  intended  or  reasonably  expected to be used with or for the
consumption of nicotine, by those under twenty-one years of age  in  the
state and document the progress state and local governments have made in
reducing  such use among those under twenty-one years of age. The annual
report shall be submitted to the governor  and  the  legislature  on  or
before  March thirty-first of each year beginning on March thirty-first,
nineteen hundred ninety-nine. The annual report  shall,  to  the  extent
practicable,  include  the  following  information on a county by county
basis:
(a) number of licensed and registered tobacco  retailers  and  vendors
and licensed vapor products dealers;
(b)  the  names  and  addresses of retailers and vendors who have paid
fines, or have been otherwise penalized, due to enforcement actions;
(c) the number of complaints filed  against  licensed  and  registered
tobacco retailers and licensed vapor products dealers;
(d)  the  number  of  fires caused or believed to be caused by tobacco
products and vapor products, intended or reasonably expected to be  used
with  or  for  the  consumption  of  nicotine,  and  deaths and injuries
resulting therefrom;
(e) the number and type of compliance checks conducted;
(f) a survey of attitudes and behaviors regarding  tobacco  use  among
those  under  twenty-one  years of age. The initial such survey shall be
deemed to constitute the baseline survey;
(g) the number of tobacco and vapor product,  intended  or  reasonably
expected  to  be used with or for the consumption of nicotine, users and
estimated trends in tobacco and vapor product,  intended  or  reasonably
expected  to  be used with or for the consumption of nicotine, use among
those under twenty-one years of age;
(h) annual tobacco and vapor product, intended or reasonably  expected
to be used with or for the consumption of nicotine, sales;
(i)  tax revenue collected from the sale of tobacco products and vapor
products, intended or reasonably expected to be used  with  or  for  the
consumption of nicotine;
(j)  the  number of licensed tobacco retail outlets and licensed vapor
products dealers;
(k) the number of cigarette vending machines;
(l) the number and type of compliance checks;
(m) the names of entities that have  paid  fines  due  to  enforcement
actions; and
(n)  the  number  of  complaints filed against licensed tobacco retail
outlets and licensed vapor products dealers.
The annual tobacco and vapor product, intended or reasonably  expected
to  be  used  with  or  for  the consumption of nicotine, control report
shall, to the extent practicable, include the following information: (a)
tobacco and vapor product, intended or reasonably expected  to  be  used
with  or  for  the consumption of nicotine, control efforts sponsored by
state government agencies including money spent to educate  those  under
twenty-one  years  of  age  on the hazards of tobacco and vapor product,
intended or reasonably expected to be used with or for  the  consumption
of nicotine, use;
(b)  recommendations for improving tobacco and vapor product, intended
or reasonably expected to  be  used  with  or  for  the  consumption  of
nicotine, control efforts in the state; and
(c) such other information as the commissioner deems appropriate.