Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes

5 Co-sponsors

• Tony Avella
• David Carlucci
• Jack M. Martins
• Cecilia Tkaczyk
• David J. Valesky

BILL NUMBER:S6562B

Title of bill

An act to amend the public health law, in relation to including electronic cigarettes within provisions regulating smoking in certain public areas

Purpose

This bill bans the use of electronic cigarettes in certain indoor areas.

Summary of provisions

Section one of this bill amends section 1399-n of the Public Health Law to include in the definition of "smoking" the use of electronic cigarettes or any device that vaporizes nicotine or any other substance. This bill also adds the definition of "retail electronic cigarette store" to mean a retail store devoted primarily to the sale of electronic cigarettes, and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than fifty percent of the total annual gross sales.

Section two of this bill amends section 1399-q of the Public Health Law to exempt retail electronic cigarette stores from the Clean Indoor Air Act. This bill also allows for a two day exemption for other establishments that are functioning for the primary purpose of promoting and sampling e-cigarettes.

Section three has this act taking effect on the thirtieth day after it becomes law.

Justification

This bill bans the use of electronic cigarettes under the Clean Indoor Air Act and certain outdoor areas. Electronic cigarettes, commonly known as e-cigarettes, are electronic devices that deliver nicotine to the user. These devices do not contain tobacco or emitted smoke, rather they heat up liquid nicotine and emit water vapor. E- cigarettes are not currently regulated by the FDA and are not subject to tobacco laws since they do not contain tobacco. This lack of oversight, is placing individuals at risk because there is little known about the chemical make-up of the liquid nicotine or the harm to individuals from inhaling the water vapor directly or through secondhand exposure. In fact, testing performed by the FDA found that electronic cigarettes can be dangerous because users inhale carcinogens and toxic chemicals, such as diethylene glycol, an ingredient found in antifreeze. It is for these reasons, the state banned the sale and distribution of electronic cigarettes to minors under the age of 18 in 2012. This legislation is necessary to further protect New Yorkers from the dangers of these unregulated devices, particularly given that they have not been proven to be safe for use at any age.

This legislation provides an exemption for retail e-cigarette stores and for conventions that are for the purpose of promoting and sampling e-cigarette products. This exemption was mirrored off of the amendments to New York City's Smoke-Free Air Act that took effect on April 29, 2014.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

On the thirtieth day after this bill becomes law.