Menu
Phone607.737.2028
Emailcchd@chemungcountyny.gov
Facebook Twitter

Adolescent Tobacco Use Prevention Act (ATUPA)

ATUPA is an act that amends public health law and the tax law in relation to the sale of tobacco products to persons under 21 years of age.  The Chemung County Health Department (CCHD) is responsible for the enforcement of ATUPA in Chemung County.

The sale of tobacco products, herbal cigarettes, electronic cigarettes, bidis, liquid nicotine or rolling papers to persons under 21 years of age is prohibited by law.

The section of NYS Public Health Law addressing the sale of tobacco to minors is found in Article 13-F.  To download a copy of Article 13-F, click here.  However, key provisions of the law are summarized below.

  1. Do not sell tobacco products or herbal cigarettes unless you possess a valid Certificate of Registration to sell cigarettes or tobacco from the State Department of Taxation and Finance.
  2. Do not sell vapor products unless you possess a valid Certificate of Registration to sell vapor products from the State Department of Taxation and Finance.
  3. Only sell the age restricted products listed above to people who are twenty-one (21) years old or older. If you are not sure of the person's age and he or she appears to be under 25 years old, you must request and review proof of age.
  4. Do not sell vapor products intended or reasonably expected to be used with or for the consumption of nicotine with a characterizing flavor, with the exception of tobacco flavor, imparted either prior to or during consumption, (eff May 18, 2020).  
  5. Keep all tobacco products, herbal cigarettes, shisha, electronic cigarettes, and liquid nicotine and other vapor products behind a counter in an area accessible only to employees or in a locked container.
  6. Post a sign that your customers can easily see that reads: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
  7. Do not sell single cigarettes, sometimes referred to as "loosies" or "singles."
  8. Minimum package size requirements prohibit the manufacture, sale or distribution of any package or other container of cigarettes containing fewer than 20 cigarettes; any package of roll-your-own tobacco containing less than 0.6 ounces of tobacco; or any package of cigarette wrapping papers, wrapping leaves or tubes containing fewer than 20 sheets, leaves or tubes.
  9. "Bidis" or "beedies" and/or gutka can be sold only at tobacco businesses (primary activity is the sale of tobacco products and accessories). These businesses must post an additional sign1 that reads: "SALE OF BIDIS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." and/or "SALE OF GUTKA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW."
  10. Do not post advertisements related to tobacco and vapor products, electronic cigarettes, and paraphernalia on store fronts and exterior doors and windows on stores located within 1,500 feet of a school, effective July 1, 2020.
  11. Do not distribute tobacco or vapor products, intended or reasonably expected to be used with or for the consumption of nicotine, without charge.
  12. Do not use or accept “price reduction Instruments” (i.e. the acceptance of coupons, vouchers, rebates and other means of charging less than a tobacco or vapor product’s listed price).
  13. Pharmacies, and stores containing pharmacies are PROHIBITED from selling tobacco products, herbal cigarettes or vapor products, effective May 18, 2020. 

CCHD conducts "compliance checks" annually at each facility licensed to sell tobacco products.  A "point" system has been established whereby points are assessed against facilities that are found to be in violation of the law.  Any facility that has points on their record will get at least 3 compliance checks per year.  Points stay on record for a facility for three years.  If 3 or more points are accumulated, the license to sell tobacco products will be suspended for 1 year by the NYS Department of Taxation & Finance.  Also, if the facility has a lottery license, that too will be suspended for a period of 1year.

We solicit the assistance of individuals less than 21 years old to conduct compliance checks.  They undergo training about ATUPA and are accompanied by an adult during the compliance check.  The person under 21 will attempt to purchase a tobacco or other product.  The facility selling tobacco or other product is required to ask for photo identification indicating the age of the purchaser. If a facility sells a tobacco product to the individual under 21, an enforcement action will be initiated against the selling facility in the form of a Stipulation Offer.  A Stipulation Offer is a Notice of Violation with an offer for the respondent to stipulate to the violation and pay a penalty lesser than the maximum allowed.  More information about Stipulation Offers can be found on the Enforcement page of this website.

For a 1st time offense, the minimum penalty is $300 and the maximum is $1,500.  For subsequent offenses, the minimum penalty is $1000 and the maximum penalty per violation is $2,500.  There is also a State-mandated surcharge of $250 added to each penalty.

If found guilty of ANY four violations of this law within a three-year period, the enforcement officer will direct the one-year revocation of the facility’s registration to sell tobacco products and herbal cigarettes and/or vapor products, and lottery license, if they have one. This will occur in addition to imposing a fine and a surcharge, and even if points were assigned for any sale to an individual under 21 years of age.

The sale of flavored vapor products restricted under the law will result in a fine of up to $100 for each individual package of flavored vapor product sold or offered for sale.

ATUPA violations are listed on the Enforcement page of this website.

Chemung County Health Center
103 Washington Street
Elmira, NY

Public Health
607.737.2028
cchd@chemungcountyny.gov

Environmental Health
607.737.2019
ehs@chemungcountyny.gov
©2021 Chemung County Health Department. All Rights Reserved.
Responsive Website by inCommand Technologies