S 10366 NY
Requires certain retailers stock nicotine replacement therapy products
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Summary
This bill requires any tobacco product retailer in New York, except cigar shops, to stock and offer for retail sale at least one type of FDA-approved nicotine replacement therapy product for tobacco cessation. Retailers have discretion to determine the specific NRT products, quantities, and whether to offer multiple types, and must restock within fourteen days if they sell out, with a five-business-day window to place an order. Retailers must display NRT products behind the sales counter, provide printed notice that NRT products are available, and display the New York state smokers' quitline information including its logo, phone number, and internet address. The commissioner of health may establish requirements concerning how and where these materials are displayed and their characteristics. The act takes effect sixty days after it becomes law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Requires certain retailers stock nicotine replacement therapy products; establishes procedures in how nicotine replacement therapy products may be sold.
Sponsor (1)
- Nathalia Fernandez Democratic · primary
Action history (1)
- May 15, 2026 REFERRED TO HEALTH · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10366 Summary: BILL NO S10366   SAME AS SAME AS A11208
  SPONSOR FERNANDEZ   COSPNSR   MLTSPNSR   Add §1399-lll, Pub Health L   Requires certain retailers stock nicotine replacement therapy products; establishes procedures in how nicotine replacement therapy products may be sold.
Go to top S10366 Text:
STATE OF NEW YORK ________________________________________________________________________
10366
IN SENATE
May 15, 2026 ___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring tobacco product retailers to offer nicotine replacement therapy products for sale
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section 2 1399-lll to read as follows: 3 § 1399-lll. Tobacco product retailers; nicotine replacement therapy 4 products required. 1. Any entity, other than a cigar shop, that sells, 5 offers for sale, or distributes for commercial purpose any tobacco prod- 6 uct within the state of New York shall maintain a stock of, and offer 7 for retail sale, at least one type of nicotine replacement therapy drug, 8 device, or combination product that has been approved by the federal 9 Food and Drug Administration for cessation of tobacco use. 10 2. An entity that is subject to the requirements of subdivision one of 11 this section shall have the discretion to determine: 12 (a) the number and type of nicotine replacement therapy products that 13 the entity will stock and offer for sale; 14 (b) the quantity of each nicotine replacement therapy product that is 15 stocked and offered for sale; and 16 (c) whether the entity will stock and offer for sale more than one 17 type of nicotine replacement therapy product. 18 3. An entity that is subject to the requirements of subdivision one of 19 this section that sells out of the entity's full stock of nicotine 20 replacement therapy products shall have five business days to place an 21 order for a new stock of a nicotine replacement therapy product, and 22 shall have fourteen days from the date the entity sells its last nico- 23 tine replacement therapy product to again stock and offer for retail 24 sale a nicotine replacement therapy product. 25 4. An entity that is subject to the requirements of subdivision one of 26 this section shall:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15691-01-6
S. 10366 2
1 (a) display nicotine replacement therapy products that are offered for 2 retail sale in a location behind the sales counter; 3 (b) provide printed notice within the establishment that nicotine 4 replacement therapy products are available for retail sale at that 5 location; and 6 (c) display the official logo, phone number, and internet address of 7 the New York state smokers' quitline or a successor program. 8 5. The commissioner may establish requirements concerning how and 9 where materials described in paragraphs (b) and (c) of subdivision four 10 of this section shall be displayed, as well as requirements concerning 11 the size and other characteristics of such materials. 12 6. For the purposes of this section, the following terms shall have 13 the following meanings: 14 (a) "Cigar shop" means a retail establishment wherein the only tobacco 15 products and products related to tobacco use that are available for sale 16 or commercial distribution are cigars and cigar accessories, including 17 lighters, cigar cutters, humidors, and cigar carrying tubes. An estab- 18 lishment shall be considered a cigar shop for the purposes of this 19 section regardless of whether the establishment offers other, non-tobac- 20 co products for sale or commercial distribution. 21 (b) "Tobacco product" means any product containing, made of, or 22 derived from tobacco or nicotine that is intended for human consumption 23 or is likely to be consumed, whether inhaled, absorbed, or ingested by 24 other means, including, but not limited to, a cigarette, cigar, pipe 25 tobacco, chewing tobacco, snuff, or snus; any vapor product; and any 26 component, part, or accessory of a product containing, made of, or 27 derived from tobacco or nicotine or a vapor product, regardless of 28 whether the component, part, or accessory contains tobacco or nicotine. 29 A tobacco product includes, but is not limited to, filters, rolling 30 papers, blunt or hemp wraps, hookahs, and pipes. 31 § 2. This act shall take effect on the sixtieth day after it shall 32 have become a law.
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