Environmental Health - Tobacco

Adolescent Tobacco Use Prevention Act (ATUPA) & Smoking Code (Clean Indoor Air Act)

Picture of a hand holding a cigarette.Phone: (585) 753-5209 (ATUPA)
                (585) 753-5075 (Smoking Code - Clean Indoor Air Act)

Enforces compliance with:

  1. NYS Public Health Law Article 13-E Regulation of Smoking in Certain Public areas (also known as Clean Indoor Air Act).
    • Investigates complaints regarding smoking in public places and work sites.
  2. NYS Public Health Law Article 13-F-Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors (also known as Adolescent Tobacco Use Prevention Act (ATUPA).
    • Investigates complaints and conducts compliance checks of retail tobacco dealers to reduce the use and accessibility of tobacco to youth under 21 years of age.
  3. Monroe County Sanitary Code Article VI, Regulation of Smoking in Public Places and Work sites.


Note: Monroe County Department of Public Health does not regulate the sale of cannabis products. Please visit the NYS Office of Cannabis Management for more information on cannabis regulation. 

Picture of young girl lighting a cigarette.Retail Tobacco Dealer Compliance Checks (ATUPA)

Monroe County contracts with local police departments who conduct Retail Tobacco Dealer compliance checks throughout Monroe County using underage youth (18, 19, or 20 years of age) who attempt to purchase tobacco products.  If a sale is made, the Monroe County Department of Public Health issues an enforcement action against the Retail Tobacco Dealers found in violation of NYS Public Health Law Article 13-F (Adolescent Tobacco Use Prevention Act) for the sale of tobacco products, herbal cigarettes, electronic cigarettes, liquid nicotine, rolling papers, or smoking paraphernalia to an underage youth (persons under age 21 years of age) during a compliance check.

The minimum fine for the first violation is $300 (plus a $250 surcharge). Repeat violations can result in fines of up to $2500 and the suspension or revocation of lottery and/or tobacco licenses.

New York State law also requires that the name, address, and number of times the the dealer/vendor has been in violation of Article 13-F be made public.

List of Retail Tobacco and Vape Dealers/Vendors in violation of NYS Public Health Law Article 13-F, also known as the Adolescent Tobacco Use Prevention Act (ATUPA) for the sale of tobacco, herbal cigarettes, or vape products to an underage youth (under 21 years old) during a compliance check.

4/1/2023 – 1/30/2024

FACILITY ADDRESS NUMBER OF TIMES IN VIOLATION OF 13-F
WORLD WIDE NEWS 100 SAINT PAUL ST, ROCHESTER, NEW YORK, 14604 3
GOLDEN FARMS 2280 CULVER ROAD, ROCHESTER, 14609 2
PENFIELD SMOKE SHOP 1626 PENFIELD ROAD, SUITE 1, ROCHESTER, 14625 1
HARRY'S 3932 SCOTTSVILLE ROAD, SCOTTSVILLE, 14546 6
HUDSON SAV-MORE 196 HUDSON AVENUE, ROCHESTER, 14605 1
BODEGA DE LO MIO 479 CARTER STREET, ROCHESTER, 14621 1
LYELL AVENUE SMOKE SHOP 453 LYELL AVENUE, ROCHESTER, 14606 2
RED EYE CBD SUPPLY 1900 EMPIRE BOULEVARD, WEBSTER, 14580 1
JOE'S KWIK MARTS #481 1952 LYELL AVENUE, ROCHESTER, 14606 1
SPEEDWAY #07744 465 SPENCERPORT ROAD, ROCHESTER, 14606 1
ANNIES STOP AND SHOP 2332 CULVER ROAD, ROCHESTER, 14609 1
BRIGHTON X-PRESS MART 1738 MONROE AVENUE, ROCHESTER, 14618 1
NICE ASH CIGARS 36 JEFFERSON AVENUE, FAIRPORT, 14450 1
DELTA-SONIC CAR WASH #1816 2970 WEST HENRIETTA ROAD, ROCHESTER, 14623 2
MR STARLIGHT 25 CHESTNUT RIDGE ROAD, SUITE 1, ROCHESTER, 14624 1
MAIN & KING GROCERY 524 WEST MAIN STREET, ROCHESTER, 14608 1
EAST FOOD MART 501 MAIN STREET, EAST ROCHESTER, 14445 3

 

Previous Lists of Retail Tobacco Dealers in Violation of Article 13-F: 

New York Public Places and Work Sites are Smoke-Free (Clean Indoor Air Act)

Effective July 24, 2003, public places and work sites across New York State must be smoke-free. All work sites—including bars and restaurants—are now included to ensure that all New Yorkers work in a safer environment. The original state law, passed in 1989, provided similar protections but in fewer work sites.

New York becomes the fifth state in the U.S. to provide such comprehensive public health protection from secondhand smoke—a substance with over 7,000 chemical compounds—including 69 known to cause cancer. Secondhand smoke is responsible for the deaths of approximately 49,000 non-smokers each year in the United States.

The law applies to virtually all places of business. Business owners are required to inform employees and patrons that smoking is prohibited indoors—including private offices and smoking rooms—and to post No Smoking signs in conspicuous places within their establishment.

The Monroe County Health Department regularly inspects facilities that are under permit from us and responds to complaints that we receive from the public to determine compliance with various provisions of the law.

Questions about how the statewide smoking law applies to your business can be answered by calling (585) 753-5075.

Informational Links

Top