The Oswego County Legislature’s Health and Human Services Committee has rejected a proposal that would have raised the minimum age to purchase tobacco in the county from 18 to 19. At the April 30 meeting of the committee, the proposal brought by Legislator Lee Walker to ban sales to those under age 19 did not receive the support needed to move forward.

Last month, Walker proposed raising the age to 19. That prompted telephone calls from constituents who were opposed to the ban of cigarettes to those who are old enough to register for the draft and go to war. Several legislators said they received calls from residents who did not want the bill supported for those reasons.

Walker wanted to exempt military personnel; however, county attorney Richard Mitchell said that is not legal to do so.
Legislature Chairman Barry Leemann said following the meeting that with three bills currently under consideration by the state, the committee saw no reason to move forward with a local law.

“We’ll see what happens with the three proposals in the state,” Leemann said. He added that if those bills move forward the legislature will consider forwarding supporting resolutions to state officials.

Leemann, as well as other legislators, said they believed the legislation belongs at the state level and should not be a local law.

Legislators expressed concerns over who would police the law and the consequences if the law were violated. There was also a concern over the impact to local stores in regard to enforcement. The county would have no means to enforce such a law.

Some legislators noted that if an 18-year-old wanted to purchase cigarettes, it would be too convenient to cross the county line where the legal age is 18.

New York State lawmakers did consider raising the minimum age to purchase tobacco products to 19 in 2006, but the bill died. Federal law states the minimum age to purchase tobacco products is 18.

Only four states—Alabama, Alaska, Utah and New Jersey—have state laws that prohibit cigarette sales to anyone under age 19.