The Adolescent Tobacco Use Prevention Act (ATUPA) was passed to stop sales of tobacco products to individuals under age 21. The act encompasses cigarettes, cigars, bidis, gutka, chewing tobacco, powdered tobacco, nicotine water, herbal cigarettes, shisha, electronic cigarettes, and smoking paraphernalia.
ATUPA is governed by NYS Public Health Law, Section 1399-cc, “Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers or smoking paraphernalia to minors prohibited.” Click here for text of this law.
In Tompkins County, ATUPA is enforced by the Board of Health through the Environmental Health Division.
In Tompkins County, "Tobacco-21" went into effect July 1, 2017. T-21 went into effect statewide in Sept. 2019. Click here for more info about T-21 in Tompkins County.
ATUPA Violations in Tompkins County
Violation: Sale to an underage inspector without checking identification.
| Business Name | Address | Violation Date | Fine |
|---|---|---|---|
| Red Apple M0358 | 176 Main St., Groton, NY 13073 | 11/10/2019 | $500 |
| Smiley's Food Mart | 1472 Elmira Rd., Newfield, NY | 2/16/2022 | $750 |
| C & C Tobacco | 109 N Meadow St., Ithaca, NY 14850 | 2/16/2022 | $750 |
| Dream Smoke Shop | 222 Elmira Rd., Ithaca, NY 14850 | 3/16/2022 (flavored vapor product purchased by underage person) | $1,750 |
Violation: Selling or offering for sale flavored nicotine vapor products.
These products have been banned for sale in New York since May 2020. TCHD staff over age 21 purchased flavored nicotine vapor products at seven (7) of these facilities:
| Business Name | Address | Violation Date | Fine |
|---|---|---|---|
| Cayuga Smoke Shop | 207 N Aurora St., Ithaca, NY 14850 | 2/25/2022 (no purchase made) | $600 |
| Common's Market | 122 N Aurora St., Ithaca, NY 14850 | 3/5/2022 | $600 |
| Zaza Exotic Market | 101 E State St., Ithaca, NY 14850 | 3/5/2022 | $600 |
| Dream Smoke Shop | 222 Elmira Rd., Ithaca, NY 14850 | 3/5/2022 | $750 |
| Quick Shoppe | 317 Third St., Ithaca, NY 14850 | 3/10/2022 | $600 |
| Jason's Grocery & Deli | 301 College Ave., Ithaca, NY 14850 | 3/17/2022 | $600 |
| Ayra Convenience | 428 Eddy St., Ithaca, NY 14850 | 3/17/2022 | $600 |
| Ithaca Convenience Store | 155 Dryden Rd., Ithaca, NY 14850 | 3/17/2022 | $600 |
*Violators are removed from this list 3 years after the effective date, as determined by the TC Board of Health. BOH meeting minutes are available here.
