§ 1399-mm-2. Sale in pharmacies. 1. No tobacco product, herbal
cigarette, or vapor product intended or reasonably expected to be used
with or for the consumption of nicotine, shall be sold in a pharmacy or
in a retail establishment that contains a pharmacy operated as a
department as defined by paragraph f of subdivision two of section
sixty-eight hundred eight of the education law. Provided, however, that
such prohibition on the sale of tobacco products, herbal cigarettes, or
vapor products intended or reasonably expected to be used with or for
the consumption of nicotine, shall not apply to any other business that
owns or leases premises within any building or other facility that also
contains a pharmacy or a retail establishment that contains a pharmacy
operated as a department as defined by paragraph f of subdivision two of
section sixty-eight hundred eight of the education law.

2. The commissioner shall have sole jurisdiction to enforce the
provisions of this section. The commissioner shall have the power to
assess penalties in accordance with section twelve of this chapter and
pursuant to a hearing conducted in accordance with section twelve-a of
this chapter. Nothing in this section shall be construed to prohibit the
commissioner from commencing a proceeding for injunctive relief to
compel compliance with this section.