Tobacco Use/Distribution Laws
The Environmental Health Division is responsible for the lawful retail distribution and use of tobacco products in public places. This includes tobacco product sales to minors as well as enforcement of the “Clean Indoor Air Act” (CIAA) which prohibits the use of tobacco in public indoor spaces and workplaces.
Each year, every tobacco retailer in Cattaraugus County is inspected for compliance with the NYS Adolescent Tobacco Use Prevention Act and requirements concerning the display, placement, packaging and distribution of tobacco products. In addition to this inspection, undercover youths are used to attempt to purchase tobacco products from retailers to verify compliance with laws prohibiting distribution to minors.
Tobacco Use Restrictions
The CIAA regulations prohibiting smoking in public places were enacted by the New York State Legislature in July of 2003. This piece of legislation prohibits the use of tobacco in all public indoor spaces and workplaces unless a waiver has been granted by the Board of Health. The Health Department conducts routine compliance checks at bars and restaurants throughout the county and fines owners found violating the law. If you witness smoking in a public place or someone selling cigarettes to a minor, you can report these to the Health Department at (716) 701-3386 for investigation and enforcement.
Information related to the CIAA may be found in the links below.
Local Electronic Cigarette & Herbal Cigarette Restrictions
A local law prohibiting the distribution of electronic cigarettes and herbal cigarettes (cigarettes not containing tobacco) to minors and their use in indoor public places was enacted by the Cattaraugus County Legislature in 2011.
Tobacco 21 Law
In 2016, Cattaraugus County adopted a local law prohibiting the sale of tobacco, smoking paraphernalia, liquid nicotene, vaporizers and related products to persons under the age of 21. (Local Law 8-2016: Raising The Legal Age For The Purchase Of Tobacco Products in Cattaraugus County to Twenty-one) Please read our Frequently Asked Questions sheet for more information.
Forms & Links
NYS Department of Health: Clean Indoor Air Act (links to NYSDOH Webpage)