§ 181.19 Required Point-of-Sale Tobacco Health Warnings and Smoking Cessation Information.
RCNY § 181.19
(a)Any person in the business of selling tobacco products face-to-face to consumers in New York City shall prominently display tobacco health warning and smoking cessation signage produced by the Department.
(b)The signage required by subdivision (a) of this section shall be: 1. designed by the Department and may include: a. information about tobacco products and the adverse health effects of tobacco use; b. a pictorial image illustrating the effects of tobacco use; and c. information about how to get help to quit using tobacco; 2. produced in two sizes: a. one "small sign," not to exceed 144 square inches; and b. one "large sign," not to exceed 576 square inches; 3. distributed by the Department or by the Department of Consumer Affairs, although additional signage may be ordered by calling 311.
(c)Persons who engage in face-to-face sales of tobacco products to consumers in New York City shall prominently display the signs required by subdivision (a) of this section by posting: 1. one "small sign" on or within 3 inches of each cash register or each place where payment may be made so that the sign(s) are unobstructed in their entirety and can be read easily by each consumer making a purchase; or 2. one "large sign" at each location where tobacco products are displayed so that: a. the sign(s) are unobstructed in their entirety and can be read easily by each person considering a tobacco product purchase; and b. in such a way that the distance between the bottom of the sign(s) and the floor shall be no less than four feet, and the distance between the top of such sign(s) and the floor shall be no more than seven feet.
(d)The Commissioner shall have the authority to modify periodically the text, images and content of signage produced by the Department pursuant to subdivision (a) of this section based on the Commissioner's determination that such modifications may contribute to the prevention or reduction of tobacco use and its harms, the prevention of tobacco sales to minors, or the correction of misinformation among consumers about the health effects of tobacco use. Persons required to post health warning and smoking cessation signage pursuant to subdivision (a) of this section shall display any modified signage upon receipt, as set forth in subdivision (c) of this section.
(e)The provisions of this section may be enforced by any authorized agent or employee of either the Department or the Department of Consumer Affairs, or successor agency. Any violation of this section issued by the Department of Consumer Affairs may be adjudicated at any tribunal authorized to hear such agency's violations.
(f)If any provision of this section, or its application to any person or circumstance, is held invalid by any court of competent jurisdiction, the remaining provisions or the application of the section to other persons or circumstances shall not be affected.
