Suffolk County Smokes Out Tobacco/Vape Sales Violators

In its continuing effort to curtail the sale of tobacco and vaping products to minors, the Suffolk County Department of Health Services’ Tobacco Enforcement Unit continues to enforce New York State’s Adolescent Tobacco Use Prevention Act, or ATUPA, which includes listing businesses that are guilty of selling tobacco, herbal cigarettes and vape products to youth under 21 years of age.

Violator’s names and addresses are listed on the county website in accordance with the law.

Under ATUPA, youth ages 18-20 are trained to conduct compliance inspections with department of health enforcement staff to ascertain if vendors are selling tobacco or vaping products to underage youth. Those vendors found to be in violation are given hearing notices and, if found guilty after a hearing, are fined and risk losing their tobacco sales registration and lottery license for a one-year period. Repeated violations can result in the permanent loss of their tobacco registration and lottery license.

The Suffolk County Tobacco Enforcement Unit reported over 500 compliance inspections of tobacco retailers in the past year, resulting in enforcement actions for sales of tobacco products to minors and fines of $92,984.

As of May 18, 2020, it is also illegal to sell flavored vapor products under New York State Law 13F-1399. The law expressly prohibits the sale or offering for sale of ANY flavored vape products, including menthol, mint, "Clear," "Flavorless", honey, candy, dessert, spice or any other concept flavor that imparts a taste or aroma that is distinguishable from tobacco flavor. ONLY products listed as "tobacco flavored" are permitted to be sold in New York. Flavored products found in a retail setting, including in the back areas of an establishment will be considered "offered for sale" and inspectors will issue violations.

If you suspect a vendor is selling tobacco products to someone under 21 years of age or selling illegal flavored vapes to anyone of any age, call 631-853-3162 to file an anonymous complaint. Suffolk County Public Health Sanitarians will follow up with an inspection of the site.

“Most smokers begin using tobacco when they are young, so it is vital for adults to stop youngsters from starting to smoke,” said Dr. Gregson Pigott, Commissioner of Health Services. “We’d much rather educate vendors than fine them, and in that spirit, we encourage retailers who sell tobacco products to send as many employees as possible to the health department’s tobacco vendor education course.”

The Suffolk County Department of Health offers a certified New York State Tobacco Sales Training Course to tobacco vendors. At least one employee from every business location must obtain a Suffolk County tobacco vendor education certificate every three years. The next available class is on Tuesday, December 19, 2023, from 10 a.m. to 12 p.m., at the Office of Health Education, William J. Lindsay County Complex at 725 Veterans Memorial Highway, Building C016, Hauppauge, NY

Vendors must call to register for the in-person classes at 631-853-3162.

For more information, visit https://www.suffolkcountyny.gov/Departments/Health-Services/Preventive-Medicine/Health-Education/Tobacco-Vendor-Education

The following are retail Tobacco or Vapor Product Dealers in Suffolk County found in violation of New York State Public Health Law, Article 13-F (Adolescent Tobacco Use Prevention Act) for the sale of tobacco, herbal cigarettes or vapor products to an underage youth during a compliance check.

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