§ 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.

Terms Used In N.Y. Public Health Law 1399-KK

  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Tobacco products: means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. See N.Y. Public Health Law 1399-AA
  • Vapor products: means any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombustible liquid or gel. See N.Y. Public Health Law 1399-AA

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.

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