“This dire situation is a direct result of states and the federal government’s failure to enact policies called for in the report, such as increased tobacco taxes and stronger federal oversight of tobacco products, including e-cigarettes,” the organization said in a media release sent out this week.

According to the ALA, this year’s report finds New York saw some progress with its grade in the minimum age category going from an F to an A, but the state maintained a failing grade for Tobacco Prevention and Control Program Funding for providing only 20.9% of the CDC recommended level of funds.

As a result, ALA officials are calling on New York State to increase funding for the program, as well as increase tobacco taxes and prohibit the sale of all flavored tobacco products in order to support public health and save lives in 2020.

“The need for New York State to take action to protect youth from all tobacco products, including e-cigarettes, is more urgent than ever, with the youth vaping epidemic continuing its alarming rise to 27.5% or more than one in four high school students,” the group said. “This is a staggering 135% increase in high school e-cigarette use in just the past two years, and close to three million more kids started vaping in that time period, setting them up for a lifetime of addiction.”

The 18th annual “State of Tobacco Control” report grades states and the federal government on policies proven to prevent and reduce tobacco use. In New York, while adult tobacco use and smoking rates did see slight declines, the report finds that elected officials must do more to save lives, combat the youth tobacco epidemic, and ensure all New York residents benefit from reductions in tobacco use and exposure to secondhand smoke.

New York State’s Grades:

• Funding for State Tobacco Prevention Programs – Grade F
• Strength of Smokefree Workplace Laws – Grade A
• Level of State Tobacco Taxes – Grade B
• Coverage and Access to Services to Quit Tobacco – Grade C
• Minimum Age of Sale for Tobacco Products to 21 – Grade A

The American Lung Association encourages New York State to put in place all the public policies called for in “State of Tobacco Control,” and in particular, this year’s report noted the need to focus on increasing funding for tobacco prevention and quit smoking programs. An investment in prevention is especially important given the skyrocketing number of youth who are vaping. “

Despite New York receiving $1.9 billion from tobacco settlement payments and tobacco taxes, the state funds tobacco control efforts at only 20.9% of the level recommended by the Centers for Disease Control and Prevention (CDC). The American Lung Association believe the funds should be used to support the health of our communities, and to prevent tobacco use and help smokers and e-cigarette users quit,” said ALA Director of Advocacy ElizabethHamlin.

The state Assembly, also controlled by Democrats, passed its own legislation last month.

Gov. Andrew Cuomo also supports raising the age to 21 for purchasing cigarettes and is expected to sign the legislation. Once that happens, the new law will take effect in 120 days.

Seven states and hundreds of U.S. municipalities already have similar laws in place.

In New York state, 21 is already the minimum age for buying cigarettes in 15 counties and New York City.

In 2016 the Chautauqua County Legislature approved a law raising the age to 21.

That’s according to the 2019 “State of Tobacco Control” report by the American Lung Association.

The organization says 2018 saw “incremental progress” in the fight against tobacco in New York State, but laments the slow nature of meaningful and lasting action like many of the initiatives outlined in New York Governor Andrew Cuomo’s recently announced tobacco proposal.

Gov. Cuomo is proposing increasing the legal age to buy tobacco products to 21 across the state and placing restrictions on e-cigarette flavors, along with increased funding for prevention and cessation programs.

The “State of Tobacco Control” report specifically graded New York in several categories, including:

• Funding for State Tobacco Prevention Programs – Grade F
• Strength of Smokefree Workplace Laws – Grade A
• Level of State Tobacco Taxes – Grade B
• Coverage and Access to Services to Quit Tobacco – Grade C
• Minimum Age of Sale for Tobacco Products to 21 – Grade C

Officals with the American Lung Association say the need for New York to take action is more urgent than ever, with youth e-cigarette use seeing a 78 percent increase in high school e-cigarette use from 2017 to 2018.

This has caused the U.S. Surgeon General to declare e-cigarette use among young people an epidemic in an Advisory issued in December 2018.

On Tuesday Horrigan signed the local law that had been approved by a 13-6 margin last month by the Chautauqua County Legislature.

Horrigan signed the law after holding a public hearing last week that featured several individuals from throughout the county who spoke both in favor and against the law.

After signing the law the county executive released the following statement:

I applaud and thank so many members of our community and small businesses that offered their perspective on this legislation. Over 60 comments were received through public commentary, emails, letters, and phone calls.  I especially want to acknowledge over 20 young high school students who took the time to engage me on this legislation.

Clearly there were several important points of view that weighed on my decision making process in order to reach a decision. On the one hand our small businesses need all the help they can garner to counter rising New York State minimum wage pressures, high taxes, and skyrocketing workers’ compensation costs.  On the other hand, the health risks and addiction nature of tobacco are undisputable and so often young adults begin using these products during high school years. Still others said that if you are old enough to fight for your country, you are old enough to buy tobacco products.  As a retired 27 year senior officer of the Air Force, I join with many other military leaders in the perspective that tobacco products are a threat to our military readiness and too often compromise the health of our professional military who put their lives on the line to defend our freedoms.  As far as traveling to other counties to buy tobacco products, while true, I predict that other New York State counties will soon follow the lead of Chautauqua County. 

Chautauqua County Executive Vince Horrigan.

In reaching my decision, I used a balancing test.  Does the opinion of a supermajority of our legislators, the testimony and emails of our high school young adults, the testimony of our health professionals, and the facts surrounding the addictive nature of tobacco in 18 to 20 year olds outweigh the loss of some business revenue by county government raising the age from 18 to 21 for the sale of tobacco products in Chautauqua County?  I came to a conclusion that it does.

I thank Chautauqua County Health Commissioner Christine Schuyler, the Chautauqua County Board of Health, and Chautauqua County Legislator Mark Tarbrake, for their leadership on this important health initiative. 

Supporters of the law say it will help to reduce smoking among young adults when they are at an age when they are more likely to try smoking and become addicted. Currently the county has one of the highest smoking rates among all counties in New York State and is well above the state average.

The local law will take effect Oct. 1, 2016.  Any  store that is caught selling tobacco to anyone under 21 years of age will face a fine similar to the one currently imposed for selling to anyone under 18.

Chautauqua County Executive Vince Horrigan

MAYVILLE – Chautauqua County Executive Vince Horrigan will hold a public hearing Thursdsay, May 12 on the recently approved local law to raise the legal age to purchase tobacco products from 18 to 21 years old.

The hearing will be held at 3 p.m. in the Legislative Chambers of the Gerace Office Building in Mayville.

The local law was previously approved by the Chautauqua County Legislature during its April voting session by a vote of 13-6.  If signed by the county executive the local law would make it illegal for anyone under the age of 21 to purchase tobacco products, as well as electronic cigarette products.

After today’s public hearing Horrigan will have until May 28 to make a decision on signing the local law. If he signs the law it would go into effect on October 1, 2016. If he were to veto the law, the legislature would need a minimum of 13 votes for an override.

Anyone from the public wishing to speak at the hearing is invited to do.

The public hearing will be held Thursday, May 12 at 3 p.m. in the Legislative Chambers of the Gerace Office Building in Mayville.

The local law was previously approved by the Chautauqua County Legislature during its April voting session by a vote of 13-6. According to the local law, the sale of tobacco and related products to individuals under 21 years of age should be prohibited in order to further the goals of New York State’s tobacco use prevention and control program, responding to the fact that tobacco is the leading cause of preventable death and disease in New York State.

If signed by the county executive the local law would make it illegal for anyone under the age of 21 to purchase tobacco products, as well as electronic cigarette products.

After the public hearing Horrigan will have until May 28 to make a decision on signing the local law. If he signs the law it would go into effect on October 1, 2016. If he were to veto the law, the legislature would need a minimum of 13 votes for an override.

Among the items on the agenda is a local law that would increase the legal age to 21 for purchasing cigarettes and other tobacco-related products, including e-cigarettes. State law currently requires all individuals be 18 years of age to purchase Tobacco products. The local law was first introduced in March but was tabled after some lawmakers requested more time to research the possible economic impact the change would have on local business.

• [LISTEN] Community Matters – Increasing Age to Purchase Tobacco in Chautauqua County

The legislature will also discuss using an emergency allocation from the county’s fund balance to the Department of Health and Human Services to help offset an unforeseen increase in the county’s Medicaid payment to the state.  The allocation was approved by the legislature’s health and human services committee but unanimously denied by the audit and control committee, with members feeling the department should first try to identify cost reductions to offset the increase before asking for more money for its 2016 budget.

Wednesday’s meeting begins at 6:30 in the legislature chambers in Mayville (3rd Floor, Gerace Office Building) and is open to the public.

County Health Director Christine Schuyler addresses the Chautauqua County Legislature Wednesday, March 23 to explain why the county health board is looking to increase the legal age for buying tobacco products from 18 to 21.

MAYVILLE – Chautauqua County lawmakers have decided to wait another month before acting on a local law to increase the legal age for purchasing tobacco products.

On Wednesday during the Chautauqua County Legislature’s monthly voting session, legislator Mark Tarbrake (R-Jamestown), who sponsored the local law, announced it would be tabled.

The announcement came after seven people spoke during the legislature’s public comment, with three of them representing businesses that oppose the increase, while four were from anti-tobacco organizations that were in favor of the increase.

Tarbrake said the tabling came after a number of legislators requested more time and information on the impacts of raising the legal age to purchase tobacco and nicotine products to 21, with the main concern surrounding the potential economic impact.

“There was concern from a number of legislators that they needed more information. I’ll be honest. I’m in full support of this local law,” Tarbrake said following the meeting. “I think it needs to pass in this county for the sake of our young children. It’s fine that the other legislators wanted to have more information. The people who spoke here tonight were well spoken, gave their view on both sides of the issue and I think that will help and hopefully next month we can pass this local law.”

Members of the county legislature listen to one of the seven members of the public who commented on a proposed local law to increase the legal age to purchase tobacco products.

According to the language in the proposal, the legal age for buying tobacco products would be increased from 18 to 21 for several reasons. They include a recent study that found Chautauqua County has the ninth highest smoking rates in New York State (27.8 percent) and most of the county’s residents who smoke began doing so before the age of 21.

he local law also cites an national report from the federal Food and Drug Administration, entitled “Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products,” which found that nicotine has an adverse physiological effect on brain development in adolescents, and that by raising the minimum legal age, it will likely immediately improve the health of adolescents and young adults by reducing the number of those exposed to those effects.

One of those who spoke in favor of the local law was county public health director Christine Schuyler, who said following the meeting that she was surprised the law would be tabled.

“This has been underway with the board of health since October,” Schuyler said. “I think it is important, if the legislature needs more information and needs more time to study this, that they have the time do so. I think they will make a much more informed decision that reflects the best interest of the people in the county when they have the ample time to do so. I’d rather see it tabled than have a decision made in haste that isn’t going to be good, one way or the other.”

One of the three individuals who spoke against the measure was Jamestown resident and business owner Brian Ellis, who runs Yeti Vape in the Third Street Plaza. Ellis said that by including e-cigarette products in the ban, it will prevent adults between 18 and 20 years who are already addicted to nicotine from being able to buy e-cigarette products to help quit smoking. He said that considering e-cigarettes have not been proven to be as harmful as traditional tobacco products, they shouldn’t be included in the proposed law. He also cited an economic impact on local business, with smokers in the 18 to 20 age group going to nearby Pennsylvania or Erie and Cattaraugus Counties in New York to purchase tobacco products.

Following a 15 to 1 vote to table the measure, Tarbrake said it will likely be taken up again during next month’s voting session. The local law needs at least 10 votes from the legislature before it can go to County Executive Vince Horrigan for his consideration. Horrigan would also be required to hold a public hearing on the local law prior to signing or vetoing the measure.

• READ THE FULL PROPOSED LOCAL LAW

The proposed law will be taken up by the Human Services committee when it meets Wednesday, March 16 at 5:15 p.m. on the third floor of the Gerace Office Building. It will also be introduced to the full legislature during its next voting session on March 23.

According to the language in the proposal, the legal age for buying tobacco products would be increased from 18 to 21 for several reasons. They include a recent study that found Chautauqua County has the ninth highest smoking rates in New York State (27.8 percent) and most of the county’s residents who smoke began doing so before the age of 21.

The local law also cites an national report from the federal Food and Drug Administration, entitled “Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products,” which found that nicotine has an adverse physiological effect on brain development in adolescents, and that by raising the minimum legal age, it will likely immediately improve the health of adolescents and young adults by reducing the number of those exposed to those effects.

Products that would fall under the guidelines include cigarettes, cigars, chewing tobacco, powdered tobacco, other tobacco products, nicotine water, herbal cigarettes, electronic cigarettes, liquid nicotine, snuff, rolling papers, and smoking paraphernalia.

Enforcement of the law would be similar to the rules and guidelines retailer currently have to follow in regard to selling tobacco products to anyone under the age of 18.

If approved by the legislature, the law would go into effect on Oct. 1, 2016.