Tobacco and E-cigarette Retailers - NYC Health

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Opening a Restaurant

Operating a Restaurant

Training

Restaurant Worker Safety

The Inspection Process

Letter Grading for Restaurants

Required Signs

Health Code / Regulations

Mobile Food Vending

Food Vending at Temporary Events

Food Service Establishment Ombuds Office

Smoking Legislation

Green Carts


Tobacco and E-cigarette Retailers

We provide information to organizations, vendors and worksites that must follow New York’s tobacco and e-cigarette laws.

Tobacco and E-cigarette Retailers

To sell tobacco products and electronic cigarettes in NYC, you must have the relevant licenses and registration.

To sell cigarettes and tobacco products, including heated tobacco products, you must have a City-issued tobacco retail dealer license and a State-issued valid registration.

Read the law about Tobacco Retail Dealers Licenses

To sell e-cigarettes, or any other vaping products, regardless of the contents of the product (such as nicotine, CBD, essential oils) you must have an NYC e-cigarette retail dealer license and register with New York State as a vapor products dealer.

Read the law about Electronic Cigarette Retail Dealers

The number of tobacco and e-cigarette retail dealer licenses are capped. This means there are a maximum number of licenses allowed in each district. New licenses become available in a district when the number of licensed retailers falls below the cap.

For information about establishments allowed to serve hookah, visit the Smoke-Free Air Laws page.

Delivery of any tobacco or electronic cigarette products to consumers in NYC is prohibited.

Read NYC law prohibiting tobacco delivery

Read NY State law about shipment or transport of cigarettes and vapor products

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Price and Pack Size Regulations

Tobacco and e-cigarette retailers cannot redeem a coupon or other discounts for e-cigarettes, cigarettes or tobacco products.

Read the NYC law prohibiting the sale of discounted cigarettes and tobacco products.

Read the NY State law prohibiting the sale of discounted tobacco products, vapor products, or herbal cigarettes.

All packs of cigarettes sold in New York City must have a minimum price of $13 and a minimum pack size of 20 cigarettes.

More information about the law on cigarette retail prices (PDF)

All tobacco products sold in New York City must follow rules regarding minimum prices and minimum package sizes, based on the product category.

More information about the law on tobacco product retail prices (PDF)

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Read the NYC minimum package size law

Under New York State law, there is a 20% tax applied to the sale of e-cigarettes at the retail level. Both NYC and NYS collect taxes on cigarette and other tobacco products from wholesalers.

Flavored Products Prohibition

Tobacco retailers may only sell tobacco products that are unflavored or are tobacco, menthol, mint or wintergreen flavored. All other flavors are prohibited.

E-cigarette retailers may only sell e-cigarettes, e-liquids or liquid nicotine that are tobacco-flavored or unflavored. All other flavors are prohibited. This includes all disposable, refillable, tank-based and other vaping products, whether or not they contain nicotine.

Prohibited Product List (PDF)

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Guidance for Wholesalers and Distributors (PDF)

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Read the NYC law prohibiting the sale of flavored tobacco products and e-cigarettes.

Visit the Flavored Tobacco and Recreational Nicotine Products page to learn more.

Signage Requirements

All NYC tobacco and e-cigarette retailers are required to post this sign

NYC Age Restriction Sign (PDF)

Tobacco retailers must post a sign stating that valid New York State and City tax stamps must be on all cigarette packs sold in New York City.

Tax Stamp Sign (PDF)

New York State requires additional signs:

Tobacco retail dealers must post additional age restriction signs if they sell bidis or gutka.

E-cigarette retail dealers must post a warning sign on the dangers of vaping.

Food service establishments are required to post different signs. For details, please visit the Smoke-Free Air Laws page.

Other Tobacco and E-cigarette Retail Regulations

The City's Tobacco Product Regulation Act and State Adolescent Tobacco Use Prevention Act include many other restrictions related to the sale of tobacco products:

Retailers may not sell cigarettes, other tobacco products and e-cigarettes to people under the age of 21.

Employees younger than 18 years old cannot sell, dispense or handle tobacco products without direct supervision of someone who is at least 18 years old. This person must be present on the premises.

Tobacco products cannot be sold in vending machines anywhere that people under 21 are allowed to be.

Most tobacco and e-cigarette retailers must keep tobacco products behind a counter or in locked containers.

Retailers in NYC within 500 feet of schools may not advertise or display tobacco or e-cigarette products in their outward facing windows.

See fines and penalties for different types of tobacco and e-cigarette law violations:

Tobacco and Electronic Cigarette Retail Dealer Penalty Schedules (PDF)

Education Toolkit for Tobacco and E-Cigarette Retailers

The NYC Health Department has a set of resources to support retailers in following relevant laws and avoiding fines, loss of licenses and other penalties. Call 311 to have one or more kits, available in English and Spanish, mailed to you.

Commissioner Letter (PDF)

This letter includes information in Spanish, Arabic, Bengali, Korean, Hindi, Simplified Chinese and Traditional Chinese.

Overview of Major NYC and NYS Tobacco Laws (PDF)

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NYC and NYS Underage Violation Penalties (PDF)

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Public-Facing Tobacco Laws Poster (PDF)

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Is Your Customer Old Enough to Buy Tobacco Products? (PDF)

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Get Certified: Training for Businesses that Sell Tobacco (PDF)

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NYC Age Restriction Sign (PDF)

Tax Stamp Sign (PDF)

For more information about how to comply with these regulations, email tobacco@health.nyc.gov.

Additional Resources

Email the Tobacco Programs and Policy Team for tobacco@health.nyc.gov

Department of Consumer Affairs:

Tobacco Retail Dealer License Application Checklist

Inspection Checklist: Tobacco Retail Dealers (PDF)

Electronic Cigarette Retail Dealer License Application Checklist

Inspection Checklist: Electronic Cigarette Retail Dealers (PDF)

NYS: A Guide for Retail Tobacco and Vapor Product Dealers and New York State's Youth Access Tobacco Control Law (Public Health Law Article 13-F)

FDA Tobacco Products Compliance, Enforcement & Training

More Information

Smoke-Free Air Laws

Smoking: NYC Quits

E-cigarettes

Hookah

Cannabis (Marijuana)