PUBLIC NOTICE: Tobacco & Vapor Sales Enforcement Program Update

During the 2024-2025 program year, the Cattaraugus County Health Department conducted compliance checks at tobacco & vapor product retailers throughout Cattaraugus County in accordance with NYS Public Health Law, Article 13-F.

The following retailers were found to be in violation and enforcement actions were taken:

• 8/8/24 – Sparks Smoke & Vape – 405 W State Street, Olean
  • Sale of a vapor product containing nicotine to an underage person
  • Sale of a flavored vapor product containing nicotine
  • Use of price reduction instrument for vapor products
  • $1,650 monetary penalty assessed, 2 points on NYS DTF Registration

• 8/12/24 – Dollar General #17913 – 10011 Route 16, Machias
  • Sale of a tobacco product to an underage person
  • $550 monetary penalty assessed, 2 points on NYS DTF Registration

• 8/12/24 – Sky High Smoke Shop 24 Inc. – 7 S. Main Street, Franklinville
  • Sale of a vapor product containing nicotine to an underage person
  • Sale of a flavored vapor product containing nicotine
  • $1,700 monetary penalty assessed, 2 points on NYS DTF Registration

• 8/13/24 – Two Budz LLC – 12178 Route 16, Yorkshire
  • Sale of a vapor product containing nicotine to an underage person (REPEAT VIOLATION)
  • Sale of a flavored vapor product containing nicotine (REPEAT VIOLATION)
  • $4,500 monetary penalty assessed, 2 points on NYS DTF Registration
  • NYS DTF Registration to sell tobacco/vapor products suspended for 1 year

• 10/10/24 – Sparks Smoke & Vape – 405 W State Street, Olean
  • Sale of a vapor product containing nicotine to an underage person (REPEAT VIOLATION)
  • Sale of a flavored vapor product containing nicotine (REPEAT VIOLATION)
  • Use of price reduction instrument for vapor products (REPEAT VIOLATION)
  • $3,750 monetary penalty assessed, 2 points on NYS DTF Registration
  • NYS DTF Registration to sell tobacco/vapor products suspended for 1 year

• 12/23/24 – Two Budz LLC – 12178 Route 16, Yorkshire
  • Retailer observed selling tobacco & vapor products after NYS DTF Registration was suspended
  • $2,500 monetary penalty assessed
  • NYS DTF Registration to sell tobacco/vapor products revoked

• 1/28/25 – Sparks Smoke & Vape – 405 W State Street, Olean
  • Retailer observed selling tobacco & vapor products after NYS DTF Registration was suspended
  • $2,500 monetary penalty assessed
  • NYS DTF Registration to sell tobacco/vapor products revocation pending

• 3/13/25 – Rab Vapes – 95 W. Main Street, Allegany
  • Sale of a vapor product containing nicotine to an underage person
  • Sale of a flavored vapor product containing nicotine
  • Enforcement action pending

The sale of a tobacco product to a person under the age of 21 is a violation of NYS Public Health Law, Article 13-F: Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors. Additionally, the Cattaraugus County Legislature recently passed a local law prohibiting the sale of tobacco and nicotine containing products to anyone under the age of twenty-one (21).

Tobacco Distribution Laws

Additional information regarding NYS tobacco distribution laws can be found on the NYS Department of Health webpage. The Cattaraugus County law prohibiting sales to people under 21 can be found on our website. (LOCAL LAW NUMBER 8-2016: COUNTY OF CATTARAUGUS, NEW YORK)