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Albany County Executive Daniel P. McCoy's Message to the County Legislature

9/10/2014 4:35:03 PM

What follows is the text of Albany County Executive Daniel P. MCoy's veto message to the Albany County Legislature and the text of Executive Order 14-03.   

September 10, 2014

Honorable Paul Devane, Clerk
Albany County Legislature
112 State Street, Room 710
Albany, NY 12207

Dear Mr. Devane,

I hereby transmit, pursuant to Article 3 Section 309 (b)(iii) of the Albany County Charter, my objections to Local Law D, entitled:
“A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK PROHIBITING THE SALE OF TOBACCO PRODUCTS IN LICENSED HEALTH CARE INSTITUTIONS, PHARMACIES AND RETAIL ESTABLISHMENTS CONTAINING A PHARMACY IN ALBANY COUNTY.”
Local Law D was adopted by your Honorable Body on August 11, 2014 and a certified copy presented to me on August 12, 2014. An executive public hearing was held on September 3, 2014. Following months of debate, numerous meetings with legislators and public hearings, I have decided to veto Local Law “D”.

Cigarette smoking is a dangerous and lethal activity. I applaud all efforts that reduce the effects of smoking, especially among the young. I cannot, however, support Local Law D. There are numerous legal defects among them that Local Law D lacks an enforcing agency, lacks a collection procedure for fines and lacks the prerequisite licensing law that would allow Albany County to regulate cigarette sales. Additionally, it is my belief that, even if these legal flaws were addressed, its effect would be to redirect consumers to stores without pharmacies.

I applaud CVS’s decision to voluntarily remove tobacco products from its stores. In fact, I urge all stores that have a pharmacy to voluntarily ban the sale of cigarettes. I also urge all stores that sell cigarettes to restrict the display and placement of cigarettes so that they are not in view of minors. Toward that end, I have issued an Executive Order directing the County Attorney to prepare the necessary and appropriate licensure legislation that would include a ban on the display of tobacco products in pharmacies and in retail stores with pharmacies. This proposed legislation will shield the product from minors and from those who may be tempted by the display of tobacco products. Studies suggest that there is an increase of minors who smoke when they see tobacco products displayed. Additionally, studies show that one of the most important factors that deters minors from trying to buy tobacco products in retail outlets is to restrict the display of such products.

Each of us will make choices on where to shop based upon the values we hold important. Even without this law nothing stops doctors and consumers from having prescriptions filled only at cigarette free pharmacies. Nothing stops people from not patronizing stores that sell cigarettes.

Therefore, by the authority vested in me, pursuant to Article 3, Section 309 (b)(iii) of the Albany County Charter I respectfully veto Law Local D.

Sincerely,


Daniel P. McCoy
Albany County Executive


EXECUTIVE ORDER AND DIRECTIVE 14-03

Issued by

ALBANY COUNTY EXECUTIVE DANIEL McCOY

 

Whereas, tobacco products can lead minors to experimenting with, and potentially developing a dependence to, this dangerous and lethal activity; and

Whereas, the display of tobacco products has been shown to be one of the most important factors in whether or not minors try to buy tobacco products; and

Whereas, studies suggest that there is an increase of minors who smoke when they see tobacco products displayed; and

Whereas, the World Health Organization, the Center for Public Health and Tobacco Policy and a report of the U.S. Surgeon General have cited a ban on retail tobacco product displays as an effective method of reducing tobacco use; and

Whereas, Research suggests that preventing the display of tobacco products will lead to a significant decrease in the number of adolescents becoming addicted to those tobacco products and will assist individuals in their efforts to quit smoking; Now

THEREFORE, I, Daniel P. McCoy, Albany County Executive, by virtue of the powers vested in me pursuant to the Albany County Charter and the laws of the State of New York, HEREBY ORDER AND DIRECT THAT:

The County Attorney prepare the necessary and appropriate legislation that would ban the display of tobacco products in pharmacies and in retail stores with pharmacies and present the same to the Legislature.

Dated:  10th day of September 2014

                Albany, NY

 

 

 

________________

Daniel P. McCoy       

Albany County Executive 



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Albany County ExecutiveDaniel P. McCoy