reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1393 - Permit Requirements.

§  1393.  Permit  requirements.  1.  No  person, firm, corporation, or
association  shall  operate  a  children's  overnight,  summer  day,  or
traveling  summer  day  camp  without  first  obtaining a permit from an
officer.
2.  An  officer  shall  issue  a  permit  if,  after  inspection,  the
children's  overnight,  summer  day,  or traveling summer day camp is in
compliance with this chapter and the sanitary code.  All  permits  shall
expire  one  year  from the date of issuance of such permit or upon such
earlier date as specified by such officer which date shall in  no  event
be earlier than the latest date that such camps may remain open pursuant
to  regulations  prescribed by the commissioner. Nothing in this section
shall  be  construed  to  limit  the  responsibilities  and  duties   of
compliance arising out of any other provision of law.
3. Notwithstanding any other provision of law, an officer in issuing a
permit  may waive any requirement of the sanitary code setting a minimum
standard of floor space per camper in a camp's sleeping quarters. Such a
waiver may be granted upon written application therefor,  and  shall  be
accompanied  by  a  statement  by  the officer of the specific terms and
conditions under which the waiver shall have been granted. Such  waivers
may  be  granted  only  to  camps  constructed  prior  to January first,
nineteen hundred seventy-five. An officer shall grant such waiver  where
the  application  therefor  is accompanied by a written certification by
the local health officer  of  its  need  or  desirability  to  avoid  an
immediate  undue  hardship  upon  the  operator  which may result in the
closing of the children's overnight camp to prospective campers,  and  a
statement  by  the  local  health  officer that the granting of a waiver
shall not present a hazard to public health and safety. All such waivers
shall expire on December thirty-first of the  year  in  which  they  are
granted, but may be renewed for good and sufficient reason.
4.  The  fee for a permit shall be two hundred dollars, except that no
fee shall be charged in the case of a children's overnight,  summer  day
or  traveling summer day camp operated by a person, firm, corporation or
association for charitable, philanthropic or religious purposes.
5. Any enrollment application forms and/or enrollment  contract  forms
mailed  or  delivered  to a person for purposes of enrollment of a child
for any children's overnight, summer day, or traveling summer  day  camp
shall contain or be accompanied by a written statement which declares:
(a)  that  such  camp is required to be licensed by the New York state
department of health;
(b) that such camp is required to be inspected twice yearly; and
(c) the address where inspection  reports  concerning  such  camp  are
filed.
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1394-A - Requirement to Check Sex Offender Registry.

§  1394-a.  Requirement  to check sex offender registry. Every person,
  firm, limited  liability  company,  association  and  corporation  which
  operates  a  summer  day camp shall be required, to ascertain whether an
  employee or volunteer is listed  on  the  state  sex  offender  registry
  pursuant  to  article  six-C  of the correction law and the national sex
  offender registry using the United States department of justice national
  sex offender public website prior to the day such employee or  volunteer
  commences  work  at  said  camp  and  annually thereafter prior to their
  arrival at said camp.
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1394-B - Requirement to Check Sex Offender Registry.

§  1394-b.  Requirement  to check sex offender registry. Every person,
  firm, limited  liability  company,  association  and  corporation  which
  operates  a  traveling  summer  day camp shall be required, to ascertain
  whether an employee or volunteer is listed on  the  state  sex  offender
  registry  pursuant  to  article  six-C  of  the  correction  law and the
  national sex offender registry using the  United  States  department  of
  justice  national  sex  offender  public  website  prior to the day such
  employee  or  volunteer  commences  work  at  said  camp  and   annually
  thereafter prior to their arrival at said camp.
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1394-C - Camps for Children With Developmental Disabilities.

§ 1394-c. Camps for children with developmental disabilities. 1. Camps
  for children with developmental disabilities, as defined in regulations,
  and  in  compliance with the justice center for the protection of people
  with special needs, shall be authorized to employ or contract  with  any
  of  the  individuals licensed under articles one hundred thirty-two, one
  hundred thirty-six, one hundred fifty-six, one hundred  fifty-nine,  one
  hundred  sixty-two  and one hundred sixty-seven of the education law, to
  provide professional services for any period during which the camp has a
  valid permit to operate. Individuals  hired  under  this  section  shall
  communicate  with  the camp health director when medically necessary for
  the sole purpose of providing health services that benefit  campers  and
  staff  at  the  camp  while the camp is in operation. In cases where the
  camp health director's lawful scope of practice  is  more  limited  than
  that  of  the  licensed professional providing services, the camp health
  director shall not supervise the provision of such treatment, but  shall
  be  informed  of  such  treatment  as  medically necessary to ensure the
  well-being of the camper and staff.
2. All  decisions,  identification  or  coordination  of  professional
  services,  or  other  professional  interactions with campers and staff,
  must be made based on the professional judgment  of  such  licensees  to
  provide professional services within his or her lawful scope of practice
  for the purpose of treating campers and staff during their attendance or
  employment  at such camp, pursuant to applicable regulations promulgated
  by the commissioner in consultation with the commissioner of education.
3. Nothing in this section shall be construed to limit  the  authority
  of  another  state  agency  if such state agency is otherwise authorized
  under  another  provision  of  law  to  certify,  license,  contract  or
  authorize   such   camp,  nor  shall  the  authority  to  hire  licensed
  professionals pursuant to  this  section  be  construed  to  provide  an
  exemption  of  such camp from any certification, licensure, or any other
  such requirement established by such state agency  or  under  any  other
  provision of law.
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1394-D - Requirement to Check Sex Offender Registry.

§  1394-d.  Requirement  to check sex offender registry. Every person,
  firm, limited  liability  company,  association  and  corporation  which
  operates  a  children's  non-regulated  camp as defined in section three
  hundred ninety-eight-f of the general business law shall be required  to
  ascertain  whether  an  employee or volunteer is listed on the state sex
  offender registry pursuant to article six-C of the  correction  law  and
  the national sex offender registry using the United States department of
  justice  national  sex  offender  public  website  prior to the day such
  employee  or  volunteer  commences  work  at  such  camp  and   annually
  thereafter prior to their arrival at such camp.
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1396 - Pesticide Applications.

§  1396.  Pesticide  applications.  1.  For  purposes  of this section
"pesticide" shall have the same meaning  as  set  forth  in  subdivision
thirty-five  of  section  33-0101 of the environmental conservation law,
provided however that  the  following  pesticide  application  shall  be
exempt:
(a)  the  application of anti-microbial pesticides as defined by FIFRA
in 7 U.S.C. Section 136 (mm) and 136 q (h) (2);
(b) the use of an aerosol product with a directed spray, in containers
of eighteen fluid ounces or less, when used to protect individuals  from
an  imminent threat from stinging and biting insects, including venomous
spiders, bees, wasps and hornets;
(c) the use  of  non-volatile  insect  or  rodent  bait  in  a  tamper
resistant container;
(d)  the  application  of  a pesticide classified by the United States
Environmental Protection Agency as an exempt material under 40 CFR  Part
152.25;
(e) the use of boric acid and disodium octaborate tetrahydrate; or
(f)  the  use  of  horticultural  soap  and  oils  that do not contain
synthetic pesticides or synergists.
2. No person shall apply pesticide to any playground, turf or athletic
or playing field at any camp as defined pursuant to subdivisions one and
two  of  section  thirteen  hundred  ninety-two  of  this  article,   or
children's  non-regulated  camp  as  defined  pursuant  to section three
hundred ninety-eight-f of the general business law, other than those  on
publicly-owned  or  publicly-leased  property in a city of more than one
million, except that: (a) an emergency application of a pesticide may be
made by a camp defined in subdivisions one and two of  section  thirteen
hundred  ninety-two  of  this article as determined by the county health
department or for a county served by a district office of the department
of health, such authority as the county legislature shall designate, the
commissioner or his or her designee; and (b) an emergency application of
a pesticide may be made by a children's non-regulated  camp  defined  in
section  three  hundred  ninety-eight-f  of  the general business law as
determined by the commissioner or his or her designee.
2023 New York Laws › PBH - Public Health › Article 13-B - Regulation of Overnight, Summer Day, and Traveling Summer Day Camps for Children › 1397 - Separability.

§ 1397. Separability. If any clause, sentence, paragraph, subdivision,
  section  or  part  of  this  article  shall  be adjudged by any court of
  competent jurisdiction to be invalid, the  judgment  shall  not  affect,
  impair or invalidate the remainder thereof, but shall be confined in its
  operation  to  the  clause, sentence, paragraph, subdivision, section or
  part thereof directly involved in the controversy in which the  judgment
  shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 13-D - Regulation of Housing; Used as Accommodations by Employees of Certain Motels and Hotels › 1399-J - Definitions.

§ 1399-j. Definitions. As used in this article:
1. "Motel or hotel" shall mean establishments distinguished as hotels,
  motels,  bungalow  colonies,  or  any  other establishment comparable or
  equivalent to any of those previously  mentioned.  The  term  shall  not
  include   those   places   or   facilities   not   having   the  general
  characteristics of a motel or hotel as that term is generally understood
  and the State Commissioner of Health shall have the power to except from
  this article and the Sanitary Code a  place  or  facility  that  is  not
  within the intent of this definition of a motel or hotel.
2.  "Officer"  shall  mean  the health commissioner of a city of fifty
  thousand population and over  or  of  a  county  or  part-county  health
  district,  or the state district health officer, in whose jurisdiction a
  hotel or motel is located or any county health director having  all  the
  powers  and duties prescribed in section three hundred fifty-two of this
  chapter.
2023 New York Laws › PBH - Public Health › Article 13-D - Regulation of Housing; Used as Accommodations by Employees of Certain Motels and Hotels › 1399-M - Separability.

§   1399-m.   Separability.      If  any  clause,  sentence,  paragraph,
  subdivision, section or part of this article shall be  adjudged  by  any
  court  of  competent  jurisdiction to be invalid, the judgment shall not
  affect, impair  or  invalidate  the  remainder  thereof,  but  shall  be
  confined   in   its   operation  to  the  clause,  sentence,  paragraph,
  subdivision,  section  or  part  thereof  directly   involved   in   the
  controversy in which the judgment shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-O-1 - Smoking and Vaping Restrictions; Certain Outdoor Areas.

§ 1399-o-1. Smoking and vaping restrictions; certain outdoor areas. 1.
  Smoking  and  vaping shall not be permitted and no person shall smoke or
  vape during the hours between sunrise  and  sunset,  when  one  or  more
  persons  under  the age of twelve are present at any playground. For the
  purposes of this section, the term "playground" means an  improved  area
  designed, equipped, and set aside for play of six or more children which
  is  not intended for use as an athletic playing field or athletic court,
  and  shall  include  any  play  equipment,  surfacing,  fencing,  signs,
  internal   pathways,   internal  land  forms,  vegetation,  and  related
  structures. Playgrounds or playground equipment  constructed  upon  one,
  two  and  three-family  residential  real  property  are exempt from the
  requirements of this section.  This  section  shall  not  apply  to  any
  playground located within the city of New York.
2.  No  police  officer,  peace  officer,  regulatory  officer  or law
  enforcement official may arrest, ticket, stop  or  question  any  person
  based  solely  or  in part on an alleged violation of subdivision one of
  this section, nor may an alleged violation of subdivision  one  of  this
  section  support  probable cause to conduct any search or limited search
  of any person or his or her immediate surroundings.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-O-2 - Smoking Restrictions; Certain Outdoor Areas.

§  1399-o-2.  Smoking  restrictions; certain outdoor areas. 1. Smoking
shall not be permitted and no person shall smoke in any public park.
2. For the purposes of this section "park" shall mean:
(a) public parks, beaches, pools,  boardwalks,  marinas,  playgrounds,
recreation centers, and group camps; and
(b)  equipment,  buildings  and  facilities now or hereafter under the
jurisdiction, charge or control of any state or local government  agency
or  department  that  are  located  at  or  on any property described in
paragraph (a) of this  subdivision;  provided,  however,  that  for  the
purposes  of  this  section  the  term public park shall not include the
Adirondack park or the Catskill park  as  those  terms  are  defined  in
section 9-0101 of the environmental conservation law.
3.  The  provisions  of  this  section  shall  not  apply  to: (a) the
sidewalks immediately adjoining parks, squares and  public  places;  (b)
any  pedestrian  route  through  any  park strip, median or mall that is
adjacent to  vehicular  traffic;  (c)  parking  lots  or  roadways;  (d)
theatrical  productions;  and (e) any portion of a park that is not used
for park purposes, except when smoking has been specifically  prohibited
in  a  state  park or portion thereof by the office of parks, recreation
and  historic  preservation.  This  subdivision  shall  not  limit   the
applicability of any other laws to such places.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-P - Posting of Signs.

§  1399-p.  Posting  of  signs. 1. "Smoking" or "No Smoking" signs, or
  "Vaping" or "No Vaping" signs, or the international "No Smoking" symbol,
  which consists of a pictorial  representation  of  a  burning  cigarette
  enclosed  in  a circle with a bar across it, shall be prominently posted
  and properly maintained where smoking and vaping are regulated  by  this
  article,  by the owner, operator, manager or other person having control
  of such area.
2. The owner, operator or manager of a hotel or motel that chooses  to
  develop  and  implement  a smoking and vaping policy for rooms rented to
  guests shall post a notice at the reception area of the establishment as
  to the availability, upon request, of rooms  in  which  no  smoking  and
  vaping are allowed.
3. The provisions of this section shall apply to after-school programs
  that  are  subject  to  the  provisions  of  subdivision four of section
  thirteen hundred ninety-nine-o of  this  article,  provided  that  signs
  posted  pursuant  to  this  subdivision  shall specify the specific time
  period during which smoking and vaping shall be prohibited.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-R - General Provisions.

§  1399-r.  General  provisions.  1.  Nothing in this article shall be
  construed to deny the owner, operator or manager of a place  covered  by
  this  article  the  right  to  designate  the  entire place, or any part
  thereof, as a nonsmoking and nonvaping area.
2. The provisions of this article  shall  apply  to  the  legislative,
  executive  and  judicial  branches of state government and any political
  subdivision of the state.
3. Smoking and vaping may not be permitted  where  prohibited  by  any
  other  law,  rule,  or  regulation  of any state agency or any political
  subdivision of the state. Nothing herein shall be construed to  restrict
  the  power  of  any  county, city, town, or village to adopt and enforce
  additional local law, ordinances, or regulations which  comply  with  at
  least the minimum applicable standards set forth in this article.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-S - Violations.

§  1399-s.  Violations.  1. It shall be unlawful for any person, firm,
  limited liability  company,  corporation  or  other  entity  that  owns,
  manages,  operates  or  otherwise  controls  the use of an area in which
  smoking and vaping is  prohibited  or  restricted  pursuant  to  section
  thirteen  hundred  ninety-nine-o  of this article to fail to comply with
  the provisions of this article. For violations of this  subdivision,  it
  shall  be  an  affirmative  defense that during the relevant time period
  actual control of the area was not  exercised  by  the  respondent,  but
  rather  by  a lessee, the sublessee or any other person. To establish an
  affirmative defense, the respondent shall submit an  affidavit  and  may
  submit  any  other relevant proof indicating that the respondent did not
  exercise actual control of said area during the  relevant  time  period.
  Such  affidavit and other proof shall be mailed by certified mail to the
  appropriate enforcement officer within thirty days of  receipt  of  such
  notice of violation.
2.  It  shall be unlawful for an employer whose place of employment is
  subject to subdivision one of section thirteen hundred ninety-nine-o  of
  this  article to fail to comply with the provisions of such subdivision.
  For violations of such subdivision, it shall be an  affirmative  defense
  that  the  employer has made good faith efforts to ensure that employees
  comply with the provisions of this article.
3. It shall be unlawful for any person to smoke or vape  in  any  area
  where  smoking  and  vaping  is  prohibited  or restricted under section
  thirteen hundred ninety-nine-o of this article.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-U - Waiver.

§  1399-u.  Waiver. 1. The enforcement officer may grant a waiver from
the application of a specific provision of this article,  provided  that
prior  to  the  granting  of  any such waiver the applicant for a waiver
shall establish that:
(a) compliance with a specific provision of this article  would  cause
undue financial hardship; or
(b) other factors exist which would render compliance unreasonable.
2.  Every  waiver  granted  shall  be  subject  to  such conditions or
restrictions as may be necessary to minimize the adverse effects of  the
waiver  upon  persons  subject to an involuntary exposure to second-hand
smoke or vaping and to ensure that the waiver  is  consistent  with  the
general purpose of this article.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-V - Penalties.

§ 1399-v. Penalties. The commissioner may impose a civil penalty for a
  violation  of  this article in an amount not to exceed that set forth in
  subdivision one of section twelve of this chapter. Any other enforcement
  officer may impose a civil penalty for a violation of this article in an
  amount not to exceed that set forth in paragraph (f) of subdivision  one
  of  section  three  hundred  nine  of  this chapter. Notwithstanding the
  foregoing provisions, a violation of the provisions of section  thirteen
  hundred ninety-nine-o-two of this article shall be punishable by a civil
  penalty of fifty dollars for each violation.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-W - Limitation of Causes of Action.

§  1399-w. Limitation of causes of action. An employer, administrator,
  manager,  owner  or  operator  of  any   indoor   area,   food   service
  establishment,  or  place  of  employment  regulated by this article who
  complies or fails to comply with the provisions of  this  article  shall
  not  be  subject  to any legal liability or action solely as a result of
  such compliance or noncompliance except as provided in section  thirteen
  hundred  ninety-nine-v  of this article. Nothing in any other section of
  this article shall be construed to create, impair, alter, limit, modify,
  enlarge, abrogate or restrict any theory of  liability  upon  which  any
  person  may  be held liable to any other person for exposure to smoke or
  vaping.
2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 1399-X - Rules and Regulations.

§ 1399-x. Rules and regulations. The commissioner shall not promulgate
  any  rules  or  regulations  to  effectuate  the  provisions  of section
  thirteen hundred  ninety-nine-n,  paragraph  f  of  subdivision  one  of
  section  thirteen  hundred  ninety-nine-o  or subdivision one of section
  thirteen hundred ninety-nine-p of this article. The  commissioner  shall
  not  promulgate  any  rules or regulations that create, limit or enlarge
  any smoking or vaping restrictions.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-BB-1 - Promotions Prohibited.

§   1399-bb-1.  Promotions  prohibited.  1.  No  manufacturer  and  no
  distributor of electronic cigarettes shall market, license,  distribute,
  sell,  or  cause to be marketed, licensed, distributed, or sold any item
  (other  than  electronic  cigarettes,  including  parts,  components  or
  accessories  of electronic cigarettes) or service, which bears the brand
  name (alone or in conjunction with any other word), logo, symbol, motto,
  selling message, recognizable color or pattern of colors, or  any  other
  indicia   of   product   identification  identical  or  similar  to,  or
  identifiable with, those used for any  brand  of  electronic  cigarette.
  This  subdivision  shall  not  apply  to  a  retailer's  point  of  sale
  promotional materials for electronic cigarettes.
2. No manufacturer, distributor, or retailer may offer or cause to  be
  offered  any gift or item to any person purchasing electronic cigarettes
  in consideration of the purchase thereof.
3. No manufacturer, distributor, or retailer may sponsor or  cause  to
  be  sponsored  any  athletic,  musical,  artistic,  or  other  social or
  cultural event, or any entry or team in any event,  in  the  brand  name
  (alone  or  in  conjunction  with  any other word), logo, symbol, motto,
  selling message, recognizable color or pattern of colors, or  any  other
  indicia   of   product   identification  identical  or  similar  to,  or
  identifiable with, those used for any  brand  of  electronic  cigarette.
  Nothing  in  this  subdivision  prevents a manufacturer, distributor, or
  retailer from sponsoring  or  causing  to  be  sponsored  any  athletic,
  musical,  artistic, or other social or cultural event, or team or entry,
  in the  name  of  the  corporation  which  manufactures  the  electronic
  cigarettes,  provided that the corporate name does not include any brand
  name (alone or in conjunction with any other word), logo, symbol, motto,
  selling message, recognizable color or pattern of colors, or  any  other
  indicia   of   product   identification  identical  or  similar  to,  or
  identifiable with, those used for any brand of electronic cigarettes.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-DD - Sale of Tobacco Products, Herbal Cigarettes or Electronic Cigarettes in Vending Machines.

§  1399-dd.  Sale of tobacco products, herbal cigarettes or electronic
  cigarettes in vending machines. No person, firm, partnership, company or
  corporation shall operate a  vending  machine  which  dispenses  tobacco
  products, herbal cigarettes or electronic cigarettes unless such machine
  is  located:  (a)  in  a  bar  as  defined in subdivision one of section
  thirteen hundred ninety-nine-n of this chapter, or the  bar  area  of  a
  food  service  establishment  with  a  valid,  on-premises  full  liquor
  license; (b) in a private club; (c) in a tobacco business as defined  in
  subdivision  eight  of  section  thirteen hundred ninety-nine-aa of this
  article; or (d) in a place of  employment  which  has  an  insignificant
  portion  of  its  regular workforce comprised of people under the age of
  twenty-one years and only in such locations that are not  accessible  to
  the  general  public;  provided,  however,  that  in  such locations the
  vending  machine  is  located  in  plain  view  and  under  the   direct
  supervision  and  control of the person in charge of the location or his
  or her designated agent or employee.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-FF - Enforcement.

§  1399-ff.  Enforcement.  1.  Where  a civil penalty for a particular
  incident has not been imposed or  an  enforcement  action  regarding  an
  alleged violation for a particular incident is not pending under section
  thirteen hundred ninety-nine-ee of this article, a parent or guardian of
  a  person under twenty-one years of age to whom tobacco products, herbal
  cigarettes or electronic cigarettes are sold or distributed in violation
  of this article may submit a complaint to an enforcement officer setting
  forth the name and address of the alleged  violator,  the  date  of  the
  alleged  violation,  the  name  and  address  of the complainant and the
  person under twenty-one years of age, and a brief  statement  describing
  the  alleged violation. The enforcement officer shall notify the alleged
  violator by certified or registered mail, return receipt requested, that
  a complaint has been submitted, and shall set a date, at  least  fifteen
  days  after  the mailing of such notice, for a hearing on the complaint.
  Such notice shall contain the information submitted by the complainant.
2. With respect to any penalty imposed with  respect  to  a  complaint
  under  this  section,  an  enforcement officer other than the department
  shall use fifty  percent  of  such  penalty  collected  for  educational
  efforts  administered  by  the  board or a local school district for the
  purposes of preventing adolescent tobacco use.
3. The enforcement officer shall promptly notify the  commissioner  of
  taxation  and finance and the director of the division of the lottery of
  any determination, made after  a  hearing,  that  a  violation  of  this
  article  has occurred together with a direction to such commissioner and
  director with respect to any action to be taken concerning  registration
  under  section  four hundred eighty-a of the tax law and licensing under
  section sixteen hundred seven of the tax law.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-GG - Out-of-Package Sales and Minimum Package Sizes.

§  1399-gg.  Out-of-package  sales  and  minimum package sizes. 1. All
  tobacco cigarettes sold or offered for sale by a retail dealer shall  be
  sold  or offered for sale in the package, box, carton or other container
  provided by the manufacturer, importer,  or  packager  which  bears  all
  health warnings required by applicable law.
2.  No  person  engaged  in  the business of manufacturing, selling or
  otherwise distributing tobacco products,  herbal  cigarettes,  cigarette
  wrapping  papers,  wrapping leaves or tubes, or any agent or employee of
  such person, shall manufacture or cause to be manufactured for  sale  in
  this  state,  or  sell  or  distribute in this state: (a) any package or
  other container of cigarettes containing fewer than  twenty  cigarettes;
  (b) any package of roll-your-own tobacco containing less than six-tenths
  of  an  ounce  of  tobacco;  or  (c)  any  package or other container of
  cigarette wrapping papers, wrapping leaves or tubes,  that  are  or  are
  held  out  to be suitable for use or used as devices to wrap tobacco for
  smoking, containing fewer than twenty sheets, leaves or tubes.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-HH - Tobacco and Vapor Product Enforcement.

§  1399-hh.  Tobacco  and  vapor product enforcement. The commissioner
  shall develop, plan and implement a comprehensive program to reduce  the
  prevalence  of  tobacco  use,  and vapor product, intended or reasonably
  expected to be used  with  or  for  the  consumption  of  nicotine,  use
  particularly  among  persons  less  than  twenty-one  years of age. This
  program shall include, but not be limited to, support for enforcement of
  this article.
1. An enforcement officer, as  defined  in  section  thirteen  hundred
  ninety-nine-t  of  this chapter, may annually, on such dates as shall be
  fixed by the commissioner, submit an application for such monies as  are
  made  available for such purpose. Such application shall be in such form
  as prescribed by the commissioner and shall include, but not be  limited
  to,  plans  regarding random spot checks, including the number and types
  of compliance checks that will be conducted,  and  other  activities  to
  determine  compliance with this article. Each such plan shall include an
  agreement to report to the commissioner:  the  names  and  addresses  of
  tobacco  retailers  and vendors and vapor products dealers determined to
  be unlicensed, if any; the number of complaints filed  against  licensed
  tobacco  retail  outlets  and  vapor  products dealers; and the names of
  tobacco retailers and vendors and vapor products dealers who  have  paid
  fines, or have been otherwise penalized, due to enforcement actions.
2. The commissioner shall distribute such monies as are made available
  for  such purpose to enforcement officers and, in so doing, consider the
  number  of  licensed  vapor  products  dealers  and   retail   locations
  registered  to  sell  tobacco  products  within  the jurisdiction of the
  enforcement officer and the level of proposed activities.
3. Monies made available to  enforcement  officers  pursuant  to  this
  section shall only be used for local tobacco and vapor product, intended
  or  reasonably  expected  to  be  used  with  or  for the consumption of
  nicotine, enforcement activities approved by the commissioner.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-II-1 - Electronic Cigarette and Vaping Prevention, Awareness and Control Program.

§ 1399-ii-1. Electronic cigarette and vaping prevention, awareness and
  control   program.   The   commissioner   shall,   in  consultation  and
  collaboration with the commissioner of education, establish and  develop
  an  electronic  cigarette  and  vaping prevention, control and awareness
  program within the department. Such program shall be designed to educate
  students, parents and school personnel about the health risks associated
  with vapor product use and control measures to reduce the prevalence  of
  vaping,  particularly  among  persons less than twenty-one years of age.
  Such program shall include, but not  be  limited  to,  the  creation  of
  age-appropriate  instructional  tools  and materials that may be used by
  all schools, and  marketing  and  advertising  materials  to  discourage
  electronic cigarette use.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-JJ - Evaluation Requirements.

§ 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
the  effectiveness  of  the  efforts  by  state and local governments to
reduce the use of tobacco  products  and  vapor  products,  intended  or
reasonably  expected to be used with or for the consumption of nicotine,
among minors and adults. The  principal  measurements  of  effectiveness
shall  include  negative  attitudes  toward  tobacco and vapor products,
intended or reasonably expected to be used with or for  the  consumption
of  nicotine,  use and reduction of tobacco and vapor products, intended
or reasonably expected to  be  used  with  or  for  the  consumption  of
nicotine,   use   among   the   general  population,  and  given  target
populations.
2. The commissioner shall ensure that, to the extent practicable,  the
most current research findings regarding mechanisms to reduce and change
attitudes  toward  tobacco  and  vapor  products, intended or reasonably
expected to be used with or for the consumption  of  nicotine,  use  are
used in tobacco and vapor product, intended or reasonably expected to be
used  with  or  for  the  consumption  of  nicotine,  education programs
administered by the department.
3. To diminish tobacco  and  vapor  product,  intended  or  reasonably
expected  to  be used with or for the consumption of nicotine, use among
minors and adults, the commissioner shall ensure  that,  to  the  extent
practicable, the following is achieved:
The   department  shall  conduct  an  independent  evaluation  of  the
statewide tobacco use  prevention  and  control  program  under  section
thirteen  hundred  ninety-nine-ii  of  this article. The purpose of this
evaluation is to direct the most efficient allocation of state resources
devoted to tobacco and vapor product, intended or reasonably expected to
be used with or for the consumption of nicotine, education and cessation
to accomplish the maximum prevention and reduction of tobacco and  vapor
product,  intended  or  reasonably  expected  to be used with or for the
consumption of nicotine, use among minors and  adults.  Such  evaluation
shall be provided to the governor, the majority leader of the senate and
the  speaker  of the assembly on or before September first, two thousand
one, and annually on or before such date thereafter.  The  comprehensive
evaluation design shall be guided by the following:
(a)  sound  evaluation  principles  including, to the extent feasible,
elements of controlled experimental methods;
(b) an evaluation  of  the  comparative  effectiveness  of  individual
program  designs  which  shall  be used in funding decisions and program
modifications; and
(c) an evaluation of other  programs  identified  by  state  agencies,
local lead agencies, and federal agencies.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-MM-2 - Sale in Pharmacies.

§  1399-mm-2.  Sale  in  pharmacies.  1.  No  tobacco  product, herbal
  cigarette, or vapor product intended or reasonably expected to  be  used
  with  or for the consumption of nicotine, shall be sold in a pharmacy or
  in a retail  establishment  that  contains  a  pharmacy  operated  as  a
  department  as  defined  by  paragraph  f  of subdivision two of section
  sixty-eight hundred eight of the education law. Provided, however,  that
  such  prohibition on the sale of tobacco products, herbal cigarettes, or
  vapor products intended or reasonably expected to be used  with  or  for
  the  consumption of nicotine, shall not apply to any other business that
  owns or leases premises within any building or other facility that  also
  contains  a  pharmacy or a retail establishment that contains a pharmacy
  operated as a department as defined by paragraph f of subdivision two of
  section sixty-eight hundred eight of the education law.
2. The commissioner  shall  have  sole  jurisdiction  to  enforce  the
  provisions  of  this  section.  The commissioner shall have the power to
  assess penalties in accordance with section twelve of this  chapter  and
  pursuant  to  a hearing conducted in accordance with section twelve-a of
  this chapter. Nothing in this section shall be construed to prohibit the
  commissioner from commencing  a  proceeding  for  injunctive  relief  to
  compel compliance with this section.
2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-MM-3 - Carrier Oils.

§  1399-mm-3.  Carrier  oils.  1.  For  the  purposes  of this section
  "carrier oils" shall mean any ingredient of a vapor product intended  to
  control  the consistency or other physical characteristics of such vapor
  product, to control the consistency or other physical characteristics of
  vapor, or to facilitate the production of vapor when such vapor  product
  is used in an electronic cigarette. "Carrier oils" shall not include any
  product  approved by the United States food and drug administration as a
  drug or medical device or manufactured and dispensed pursuant  to  title
  five-A of article thirty-three of this chapter.
2.  The commissioner is authorized to promulgate rules and regulations
  governing the sale and distribution of carrier oils that  are  suspected
  of  causing  acute  illness  and  have  been identified as a chemical of
  concern by the United States centers for disease control and prevention.
  Such regulations may, to  the  extent  deemed  by  the  commissioner  as
  necessary  for the protection of public health, prohibit or restrict the
  selling,  offering  for  sale,  possessing  with  intent  to  sell,   or
  distributing of carrier oils.
3.  The  provisions of this section shall not apply where preempted by
  federal law. Furthermore,  the  provisions  of  this  section  shall  be
  severable, and if any phrase, clause, sentence, or provision is declared
  to  be  invalid,  or  is  preempted  by  federal  law or regulation, the
  validity of the remainder of this section shall not be affected thereby.
  If any provision of this section is declared to be inapplicable  to  any
  specific  category, type, or kind of carrier oil, the provisions of this
  section shall nonetheless continue to apply with respect  to  all  other
  carrier oils.
2023 New York Laws › PBH - Public Health › Article 13-G - Tobacco Escrow Funds › 1399-NN - Findings and Purpose.

§ 1399-nn. Findings and purpose. 1. Cigarette smoking presents serious
  public  health  concerns  to the state and to the citizens of the state.
  The Surgeon General has determined  that  smoking  causes  lung  cancer,
  heart disease and other serious diseases, and that there are hundreds of
  thousands  of  tobacco-related  deaths  in  the United States each year.
  These diseases most often do not  appear  until  many  years  after  the
  person in question begins smoking.
2.  Cigarette smoking also presents serious financial concerns for the
  state. Under certain health-care programs, the state may  have  a  legal
  obligation  to provide medical assistance to eligible persons for health
  conditions associated with cigarette smoking, and those persons may have
  a legal entitlement to receive such medical assistance.
3. Under these programs, the state pays millions of dollars each  year
  to  provide  medical  assistance for these persons for health conditions
  associated with cigarette smoking.
4. It is the policy of the state that financial burdens imposed on the
  state by cigarette smoking be borne  by  tobacco  product  manufacturers
  rather  than  by  the state to the extent that such manufacturers either
  determine to enter into  a  settlement  with  the  state  or  are  found
  culpable by the courts.
5.  On  November  twenty-third, nineteen hundred ninety-eight, leading
  United States tobacco product manufacturers entered  into  a  settlement
  agreement,  entitled  the "Master Settlement Agreement," with the state.
  The master settlement agreement obligates these manufacturers, in return
  for a release of past, present and certain future claims against them as
  described therein, to pay substantial sums to the state (tied in part to
  their volume of sales); to fund a national  foundation  devoted  to  the
  interests  of  public  health;  and to make substantial changes in their
  advertising and marketing practices  and  corporate  culture,  with  the
  intention of reducing underage smoking.
6.  It would be contrary to the policy of the state if tobacco product
  manufacturers who determine not to enter into such  a  settlement  could
  use  a  resulting  cost advantage to derive large, short-term profits in
  the years before liability may arise without  ensuring  that  the  state
  will have an eventual source of recovery from them if they are proven to
  have  acted culpably. It is thus in the interest of the state to require
  that such manufacturers establish a reserve fund to guarantee  a  source
  of  compensation  and to prevent such manufacturers from deriving large,
  short-term profits and then becoming judgment-proof before liability may
  arise.
2023 New York Laws › PBH - Public Health › Article 13-H - Regulation of Sharps › 1399-SS - Definitions.

§  1399-ss.  Definitions. For the purposes of this article, unless the
  context clearly requires otherwise:
1. "Engineered sharps injury protection" means  a  physical  attribute
  built into, or used with, a sharp that effectively reduces the risk of a
  sharps  injury  by  a  mechanism  such  as  barrier  creation, blunting,
  encapsulation, withdrawal, retraction, destruction or other mechanism.
2. "Exposure incident" means contact with blood or  other  potentially
  infectious materials that results from a sharps injury.
3.  "Sharp"  means any device that is or includes a needle used in the
  provision of health care, except for self-administration.
4. "Sharps injury" means any injury caused by a sharp, including,  but
  not limited to, a cut, abrasion, or needlestick.
2023 New York Laws › PBH - Public Health › Article 13-H - Regulation of Sharps › 1399-TT - Regulations.

§ 1399-tt. Regulations. The commissioner shall make regulations, under
this article, governing the use of sharps in health care for the purpose
of:   preventing  sharps  injuries,  reducing  exposure  incidents,  and
promoting the use of safer technologies which include engineered  sharps
injury  protections.  Dentists licensed in this state, under title eight
of the education law, shall be exempt from the  regulations  under  this
article. Regulations under this article shall prohibit the use of sharps
that  do  not  incorporate  engineered  sharps  injury  protections. The
regulations may provide exceptions permitting the use of sharps  without
engineered sharps injury protections under circumstances where:
(a) appropriate engineered sharps are not available in the market;
(b)  the use of sharps without engineered sharps injury protections is
essential to the performance of a specific medical procedure; or
(c) based on objective  product  evaluation,  sharps  with  engineered
injury  protections  are  not  more  effective  in  preventing  exposure
incidents than sharps without engineered injury protections.
2023 New York Laws › PBH - Public Health › Article 13-H - Regulation of Sharps › 1399-VV - Studies and Reports.

§ 1399-vv. Studies and reports. The commissioner shall conduct a study
  of  exposure  incidents  occurring  prior  to  and  one  year  after the
  effective date of regulations made under this article to  determine  the
  effectiveness  of  the  regulations  in  reducing  sharps  injuries  and
  exposure incidents, the level  of  compliance,  and  the  need  for  any
  modifications  or revisions to the regulations. The results of the study
  shall be reported to the governor and the legislature no later than  six
  months  after the first twelve month period during which the regulations
  have been effective. The commissioner shall submit a  second  report  no
  later  than  two  years  after the first report. The studies and reports
  under this section shall be done  in  consultation  with  the  technical
  advisory committee established under this article.
2023 New York Laws › PBH - Public Health › Article 13-H - Regulation of Sharps › 1399-WW - Separability.

§  1399-ww. Separability. If any item, clause, sentence, subparagraph,
  subdivision, section or other part  of  this  act,  or  the  application
  thereof to any person or circumstances shall be held to be invalid, such
  holding  shall  not  affect,  impair or invalidate the remainder of this
  act, or the application of such  section  or  part  of  a  section  held
  invalid,  to any other person or circumstances, but shall be confined in
  its operation to the item, clause, sentence, subparagraph,  subdivision,
  section  or other part of this act directly involved in such holding, or
  to the person and circumstances therein involved.