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Adolescent Tobacco Use Prevention Act
Adolescent Tobacco Use Prevention Act (ATUPA)
Nassau County Department of Health enforces Article 13-F of the NYS Public Health Law, also known as the Adolescent Tobacco-Use Prevention Act (ATUPA). ATUPA was created to help prevent the sale of tobacco products and accessories to anyone under the age of 21. Tobacco products include cigarettes, cigars, bidis, chewing tobacco and powdered tobacco, rolling papers, smoking paraphernalia, or any other tobacco products. ATUPA has been amended to also prohibit the sale of vapor products, including electronic cigarettes and liquid nicotine, to anyone under the age of 21. ATUPA also bans all flavors of vapor products, with the exception of tobacco flavor.
To file a complaint or report a retailer that is selling to anyone under the age of 21 or is selling flavors illegally, please contact our ATUPA Bureau at 516-227-9617.
Vendor Requirements
- Tobacco and liquid nicotine products may only be sold to those individuals who are able to demonstrate, through an acceptable form of identification, that they are at least 21 years of age.
- Every retail dealer of cigarettes or tobacco products and accessories in NYS and every owner or operator of vending machines that sell cigarettes or tobacco products must register with the NYS Department of Taxation and Finance before selling them. Registration certificates are valid for one (1) year and must be prominently displayed. Cigarette wholesalers, retailers and distributors also must be licensed.
- Every retail dealer who intends to sell vapor products in NYS must apply for and receive a certificate of registration from the NYS Department of Taxation and Finance before selling them. Registration certificates are valid for one year and must be displayed. See New York State Tax Law, Article 28-C to learn more.
- Each vendor in Nassau County is required to have at least one Person-in-Charge take a NYS certified tobacco training class. To locate a class, please visit NYS DOH website.
Compliance Checks
This Department conducts on-site compliance checks at permitted Tobacco and/or Vapor Vendor businesses. Compliance checks can include the following:
- Having an individual under the age of 21 attempt to buy tobacco products or vapor products
- Site visits to ensure tobacco and/or vapor products are being properly stored and sold in accordance with the ATUPA law (stored behind counters, sold in original packaging, etc.)
- Verifying that the business holds valid registration, certifications, and that they are posted conspicuously.
Violations
Vendors who are found to be in violation of ATUPA are subject to formal legal action by this Department, which may include fines, suspension of NYS vendor licenses, and suspension of NYS lottery license. Violators are also published on Nassau County Department of Health Enforcement & Regulations webpage.
Clean Indoor Air Act (CIAA)
The CIAA prohibits smoking and vaping in almost all public and private indoor workplaces, including restaurants and bars, to protect workers and the public from exposure to harmful secondhand tobacco smoke and vaping aerosols.
For FAQs regarding CIAA, click here.