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Adolescent Tobacco Use Prevention Act (ATUPA)

Adolescent Tobacco Use Prevention Act (ATUPA)

The Erie County Department of Health (ECDOH) enforces Article 13-F of the NYS Public Health Law, also known as the Adolescent Tobacco-Use Prevention Act (ATUPA). 

ATUPA was created to help prevent the sale of tobacco products and accessories to anyone under the age of 21. Tobacco products include cigarettes, cigars, bidis, chewing tobacco and powdered tobacco, rolling papers, smoking paraphernalia, or any other tobacco products. ATUPA has been amended to also prohibit the sale of vapor products, including electronic cigarettes and liquid nicotine, to anyone under the age of 21. ATUPA also bans all flavors of vapor products except tobacco flavor.

The ECDOH ensures that facilities are properly registered, that proper signage regarding the sale of tobacco products to minors is conspicuously posted and that tobacco products are properly and safely stored to prevent access to unauthorized individuals.  Additionally, at least one compliance check per year with underage youth is done at each facility where tobacco and/or vapor products are available for sale, to verify that such products are not being sold to minors.  New York State law requires the name and address of Retail Tobacco Dealers in violation of Article 13-F be made public.   Sale of tobacco to minors    

Free Tobacco and Vapor Product Sales Training Classes for Retailers

This FREE 3-hour class is for retailers who sell tobacco & vapor products.

The ECDOH recommends that all retail staff take this in-person course, especially those that work at the point of sale.  Each individual certification is valid for 3 years. During that time, a violation of a sale to an underage person may result in a one point assessment.

Class topics include health consequences of tobacco use, NYS Public Health Law, types of products, signage requirements, proof of age requirements, enforcement & penalties & advertising requirements.

Register Here for Free Tobacco and Vapor Product Sales Training Class for Retailers.

If you have additional questions, please call (716) 961-6800 or send an email to TVP@erie.gov. 

Tobacco Product, Vaping Product and Smoking Paraphernalia Retail Businesses Permit to Operate

Effective October 1, 2024, a permit to operate is required.

Tobacco, Vaping Product and Smoking Paraphernalia Permit to Operate Information Sheet

Tobacco, Vaping Product and Smoking Paraphernalia Permit Application

Smoking and Vaping Information and Resources 

See smoking and vaping information and resources

What type of businesses require a permit to operate?

Erie County Sanitary Code Article XXIII applies to ALL Retail Businesses that sell Tobacco Products, Vapor Products and/or Smoking Paraphernalia Products in Erie County.

How do you get a permit?

The Operator MUST submit the Tobacco, Vaping Product and Smoking Paraphernalia Permit Application.  All applications are due SEPTEMBER 1, 2024. Permits are not transferrable or assignable and shall expire upon a change of name, owner or operator of the facility or 12 months after date of issue. Thereafter, an application must be received within 30 days of anticipated operation of the facility or expiration of the current permit.

When will the permit be issued?

A permit will be issued if the business conforms or will conform at the time of operation to the requirements of this article and will not present a hazard to the health and safety of the employees and the general public. The applicants past history of compliance or non-compliance will be a consideration in issuance of a permit

How long is the permit valid?

The permit is issued for a period of not more than one year from the date of issuance. A permit may be revoked or suspended if the business is maintained in violation of the NYS Public Health Law, the Erie County Sanitary Code or other applicable laws, rules or codes. The permit MUST be posted in a conspicuous place in the view of the public.

Are inspections required?

Yes - The Department, without hinderance, may make inspections to determine compliance with the provisions of the New York State Public Health Law and the Erie County Sanitary Code. The Department is authorized, by the permit, to enter, examine and survey all retail areas, storage areas and office areas of the business for purpose of an inspection.

Contact 

Environmental Health Division
503 Kensington Ave
Buffalo, NY 14214
Phone: (716) 961-6800
Fax: (716) 961-6880
Email: TVP@erie.gov

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