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Laws Governing Tobacco Use in Westchester

 

Westchester County Sanitary Code:
Article 20-Clean Indoor Air Act (pdf)

NYS Public Health Laws:
Article 13F
(pdf format)

Article 13E
(pdf format)

Local Law:
Chapter 534-
Westchester Smoke-free Worksite Law (pdf)

Chapter 535-
Restrictions relating to the sale of tobacco products to minors (pdf)

Chapter 529-
Herbal Cigarette Sale law (pdf)

Other Information:
Learn more about Westchester's anti-smoking programs including how to quit.

(To view  and print documents in pdf format,  you will need Adobe Acrobat Reader from Adobe Systems.  This software is free and you may download it here.)

There are two new laws regarding smoking in worksites.

Westchester County Executive Andrew Spano signed into law a bill that will prohibit smoking at all worksites (including restaurants, taverns and bars) in Westchester County with one or more employee(s).  This law - Westchester’s Smoke-Free Worksite Law – went into effect on June 4, 2003. 

  The New York State Legislature updated a similar law, Article 13E, effective statewide July 24, 2003.  Although the laws are similar, there are some important differences. Article 13E also makes it illegal to smoke in schools, banks, retail stores, hallways of apartment buildings.

 Where there are differences in these two laws, the more stringent sections of the two laws will apply in Westchester County.

 

 
It is illegal to sell cigarettes to minors under 18 years old in New York State. Merchants who do so could be fined and lose their lottery and cigarette license.
Click here for the text of Article 13 F of the New York State Public Health Law (known as ATUPA)– Adolescent Tobacco Usage  Prevention Act .  

Vending machines which sell tobacco products are restricted to make it harder for minors to obtain tobacco. Click To Download
Click here for the text of the law  - Chapter 535  Click here for a summary of the law.
It is illegal to sell herbal cigarettes to a minor in Westchester. Click To Download
Click here for a copy of the law, Chapter 529- Herbal Cigarette Sale law.

 13 E and F of the Public Health Law establish the foundation of tobacco regulation for the state.  Local counties have the option to create local laws and sanitary code sections that are more stringent than those established by the state.

In Westchester County, the Board of Health passed Article XX of the Westchester County Sanitary code, which is similar in many aspects to 13 E of the NYS Public Health Law with one major exception - 13 E allows for smoking sections in restaurants where as the county sanitary code prohibits smoking in all dining areas of all restaurants –smoking is only allowed in bars and bar areas.

Five of the CDC’s Healthy People 2010 objectives are to enact laws providing smoke-free environments in all schools, work sites and public places.