Clean Air Act
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, with the exception of 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 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.
- List of Retail Tobacco Dealers in Violation of ATUPA
- To report a retailer that is selling to anyone under the age of 21 or is selling flavors illegally, please contact the ECDOH Environmental Health Division at (716) 961-6800
Free Tobacco and Vapor Product Sales Training Classes for Retailers
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.
Help with Quitting
- ECDOH Smoking Cessation Program
- New York State Smokers' Quitsite or call 1-866-NY-QUITS (1-866-697-8487)
- NYSDOH's Vaping Hotline 1-888-364-3046 or email email@example.com
- E-cigarettes (Vaping) - Get the Facts
- Tobacco-Free WNY
- CDC Health Effects of Cigarette Smoking
- NYSDOH Cigarette Smoking and Other Tobacco Use
- American Lung Association
- Upstate NY Poison Center 24/7 phone number 1-800-222-1222
Environmental Health Division
503 Kensington Ave
Buffalo, NY 14214
Phone: (716) 961-6800
Fax: (716) 961-6880