Smoking Indoors, in Vehicles, and in Workplaces | Tobacco Use on School Grounds
Laws about Tobacco and Minors Applicable to Businesses
Laws about Tobacco and Minors Applicable to Everyone | Reporting a Violation
Consult your attorney for legal advice.
Work, Eat and Play Smoke Free!
As of July 24, 2003, public and work places across New York State are smoke free. The 1989 Clean Indoor Air Act was expanded to include nearly all public and work places, including restaurants and bars. This protects all New Yorkers at work and in public places from deadly secondhand smoke. Now employees have a safer workplace, and all nonsmokers can breathe smoke free air in the public places they visit.
For more information about the NYS Clean Indoor Air Act click here.
Where is smoking prohibited?
The Clean Indoor Air Act states that smoking shall not be permitted and that no person shall smoke in the following indoor areas:
 | Places of employment; |
| Bars; |
| Restaurants; |
| Enclosed indoor swimming areas; |
| Public transportation, including all ticketing, boarding and waiting areas; buses, vans, taxicabs and limousines; |
| All places of employment where services are offered to children; |
| All schools, including school grounds; |
| All public and private colleges, universities and other educational and vocational institutions; |
| General hospitals; |
| Residential health-care facilities, except separately designated smoking rooms for adult patients; |
| Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity; |
| All indoor arenas; |
| Zoos; and |
| Bingo facilities |
Smoking on School Grounds
Tobacco use is not permitted anywhere on school property, even if school is not in session. This applies to students, staff, and the general public alike.
State laws also provide for teaching students about the risks of tobacco use.
Laws about Tobacco and Minors Applicable to Businesses
These businesses are required to verify identification of all persons appearing to be less than 25 years old by a valid driver's license, U.S. passport, or military ID before tobacco products or herbal cigarettes can be sold. College and Sheriff's IDs are not acceptable forms of identification. All herbal or tobacco products must be stored for sale behind a counter in an area accessible only to the personnel of the business or in a locked container (with some restrictions).
Important information for businesses selling tobacco can be found at the NY State Department of Health web site.
Risks of Giving or Providing Tobacco to Minors
Consider the health risks of giving tobacco products to minors. You may be helping them on the road towards a deadly addiction.
Consider what legal risks you may be taking when selling tobacco to minors or buying it on their behalf.
New York State Penal Law, Section 260.21
New York State Penal Law, Section 260.10
Reporting a Violation
Smoking Indoors or in Workplaces: Anyone can file a confidential complaint against a business that violates the law by allowing smoking indoors. If you see smoking in a restaurant, bar or other workplace in Madison County it should be reported to the Madison County Health Department— (315) 366-2526. To report a violation of smoking laws online (for anywhere in New York State) visit: www.smokefreeNY.org/violation.php The Health Department is authorized to check for smoking violations when conducting a permitted sanitation survey or when following up on a citizen's verifiable complaint. Anonymous complaints cannot be accepted for enforcement procedures. All complaints are kept confidential.
Tobacco Use on School Grounds: You are encouraged to report this to school officials.
Businesses Selling Tobacco to Minors, and Individuals Buying Tobacco for Minors: If you believe penal law has been violated, you may contact your local law enforcement authorities.