2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-II - Tobacco and Vapor Product Use Prevention and Control Program.

§  1399-ii.  Tobacco  and  vapor  product  use  prevention and control
program. 1. To  improve  the  health,  quality  of  life,  and  economic
well-being  of  all New York state citizens, there is hereby established
within the  department  a  comprehensive  statewide  tobacco  and  vapor
product use prevention and control program.
2.  The  department  shall  support  tobacco  and  vapor  product  use
prevention and control activities including, but not limited to:
(a) Community programs to prevent and reduce tobacco use through local
involvement and partnerships;
(b) School-based programs to prevent and reduce tobacco use and use of
vapor products;
(c) Marketing and advertising to discourage tobacco, vapor product and
liquid nicotine use;
(d) Nicotine cessation programs for youth and adults;
(e) Special projects to reduce the disparities in  smoking  prevalence
among various populations;
(f)  Restriction  of  youth  access  to  tobacco  products  and  vapor
products;
(g) Surveillance of smoking and vaping rates; and
(h)  Any  other  activities  determined  by  the  commissioner  to  be
necessary to implement the provisions of this section.
Such  programs  shall  be  selected  by  the  commissioner  through an
application process which takes into account whether a program  utilizes
methods  recognized  as  effective  in  reducing  nicotine use. Eligible
applicants may include, but not be limited to, a health  care  provider,
schools,  a  college  or university, a local public health department, a
public  health  organization,  a  health  care  provider   organization,
association   or  society,  municipal  corporation,  or  a  professional
education organization.
3. (a) There shall be established a tobacco use prevention and control
advisory board to advise the commissioner on tobacco use prevention  and
control   issues  and  vapor  product  use  amongst  persons  less  than
twenty-one years of age, including methods to prevent and reduce tobacco
use in the state.
(b) The  board  shall  consist  of  seventeen  members  who  shall  be
appointed as follows: nine members by the governor; three members by the
speaker of the assembly; three members by the temporary president of the
senate  and  one  member  each  by the minority leader of the senate and
minority leader of the assembly. Any vacancy or  subsequent  appointment
shall  be filled in the same manner and by the same appointing authority
as the original appointment. The  chairperson  of  the  board  shall  be
designated by the governor from among the members of the board.
(c)  The  members shall serve for terms of two years commencing on the
effective date of this section. Members of the board  shall  receive  no
compensation  but  shall  be  reimbursed for reasonable travel and other
expenses incurred in the performance of their duties hereunder.
(d) The board shall meet as often as it deems necessary, but  no  less
than  four  times a year. No nominee to the board shall have any past or
current affiliation with the tobacco industry, vapor  products  industry
or  any industry, contractor, agent, or organization that engages in the
manufacturing, marketing, distributing, or sale of tobacco products. The
board shall be appointed in full within ninety  days  of  the  effective
date of this section.
(e)  The  department  shall prepare and submit to the board a spending
plan for the tobacco  and  vapor  product  use  prevention  and  control
program authorized pursuant to the provisions of subdivision one of this
section  no later than thirty days after the submission of the budget to
the legislature.