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A licensed retailer may inquire of the Department whether a product is a Flavored Tobacco Product for purposes of § 17-715 of the Act by sending an inquiry to NYCTobacco@health.nyc.gov. Such inquiry must include the brand, product name, product type, and either (1) an image of such product's packaging and labeling, or (2) a web link to digital images of such product's packing and labeling. Incomplete inquiries may not be reviewed. If the Department determines that such product is Flavored based on its aroma or taste, or that it is presumed to be flavored based on its Packaging, Labeling, or Marketing, the Department will update the Flavored Tobacco Products List within 90 days of the receipt of an inquiry with all necessary information, and will advise such licensed retailer of its conclusions within the same time frame.
(Amended City Record 11/18/2021, eff. 12/18/2021)
(a) The Department and the Department of Consumer Affairs shall enforce the provisions of the Act and these rules.
(b) Violations of this Act shall be punishable as provided by the Act. Violations of these rules which are not also violations of the Act shall be subject to a penalty not to exceed one thousand dollars ($1,000), in accordance with Section 555(b)(2) of the Charter.
(c) Where a person is found to have violated the Act or these rules, the Department or the Department of Consumer Affairs shall commence a proceeding to recover any civil penalty authorized pursuant to § 17-716 of the Act by the service of a notice of violation returnable to the Administrative Tribunal established by the Board of Health where the Department issues such a notice or to the adjudication division of the Department of Consumer Affairs where such department issues such notice.
(d) In any administrative hearing conducted pursuant to § 17-716 of the Act, a manufacturer shall be permitted to intervene in order to present evidence relevant to the adjudication of the notice of violation.
Every owner, operator, manager or other person in control of an establishment that sells or offers for sale tobacco products, or non-tobacco products designed for consumption through the inhalation of smoke, shall maintain on site the original labels, labeling and packaging provided by the manufacturer for all such products that are sold or offered for sale by the establishment separately from its original packaging. The original labels, labeling and packaging from which the contents are sold separately shall be maintained during such time as the contents of the package are offered for sale, and may be disposed of upon the sale of the entire contents of such package.