Prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products; evaluates health effects of e-cigarettes on public

Summary of specific provisions

Section 1 of this bill amends Section 1399-n of the public health law to include "the vaporization of nicotine or other chemicals within an electronic cigarette" within the definition of "smoking."

Section 2: Subdivision 4 of section 1399-aa of the Public Health Law is amended by deleting the age of "eighteen" and replacing it with "twenty-one".

Section 3: Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb of the Public Health Law are amended by removing "eighteen" and replacing it with "twenty-one".

Section 4: Subdivision 4 of section 1399-bb of the Public Health Law is amended by adding "electronic cigarettes" to the list of products that require proper photo identification to be shown and by removing "eighteen" and replacing it with "twenty-one". This section also adds the new subdivision 5 to provide that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 5: Subdivisions 2, 3 and 7 of section 1399-cc of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one". The new subdivision 8 is also added to provide that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 6: Subdivision (d) of Section 1399-dd of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one". The new subdivision (2) is also added to provide that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 7: Subdivision 1 of Section 1399-ff of the Public Health Law is amended by deleting the word "minor" and replacing it with "person under twenty-one years of age". A new subdivision 4 is also added to provide that nothing in this section of law shall limit a county,

city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 8: Paragraphs (b) and (c) of Section 1399-11 of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".

Section 9: Subdivision 1 of paragraphs (b) and (c) of subdivision 2 of

Section 1399-mm of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".

Section 10: Subdivision 3 of section 260.21 of the Penal Law is amended by removing "eighteen" and replacing it with "twenty-one" and also adding that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 11: Section 17-714 of the Administrative Code of the City of New York is amended by removing "eighteen" and replacing it with "twenty-one."

Section 12: Provides definitions for electronic cigarette, refillable electronic cigarette, non-refillable electronic cigarette, and liquid nicotine. This section also directs that within 60 days, the department of health commence an examination to study the effects of electronic cigarettes on the public health. This study will examine (1) possible adverse health effects of the vapor released from the electronic cigarettes; (2) the effectiveness of electronic cigarettes as a smoking cessation tool; (3) the occurrence of nicotine addiction when using an electronic cigarettes as opposed to a cigarette or other tobacco products; (4) the chemical composition of liquid nicotine use to refill electronic cigarettes and any threat to public health from such liquid nicotine; (5) the possible adverse health effects of exposure to liquid nicotine that is sold to refill electronic cigarettes; (6) the different threats to public health from the use of refillable versus non-refillable electronic cigarette systems. A report must be issued within one year of the effective date of this bill on the findings of the study and any recommendations the department may have.

Section 13: Provides the effective date of immediately, except for sections 1 through 11 which shall take effect 90 days after this bill shall become law.

Justification

Prohibiting the Use of Electronic Cigarettes In Public Indoor Areas This bill prohibits the use of an electronic cigarette in certain areas as set forth in the Indoor Clean Air Act, raises the age to purchase tobacco products and electronic cigarettes in New York State to 21 and requires the Department of Health to undertake a study into the dangers of electronic cigarettes and their effect on the public health.

The Indoor Clean Air Act prohibits the smoking of tobacco or within places of employment, bars, food service establishments, public transportation, child care facilities, college dorms (both public and private), hospitals, indoor arenas, zoos and bingo parlors. New York

City has recently banned the use of electronic cigarettes in places where cigarettes or other tobacco products cannot be smoked, including restaurants, bars, parks and beaches. This bill would seek to extend the prohibition on using electronic cigarettes statewide.

Raising The Age to Purchase Tobacco Products and Electronic Cigarettes to 21

Currently, high school students who are 18 or older may legally purchase tobacco products. Younger students under 18 can get these tobacco products from their older classmates who can legally purchase them. According to the Surgeon General, 90% of the people who purchase cigarettes for minors are between the ages of 18 and 20.

Avoiding the use of tobacco products at an early age is key to curbing addiction later in life. According to the American Lung Association, 85% of adult smokers started smoking before the age of 21. By raising the age for the purchase of tobacco products and e-cigarettes, these products will be taken out of school age children's hands by cutting off their easiest access to them, their fellow students. Although smoking among high schoolers has decreased nearly 56% from 2000 to 2012, the rate of smoking among teens has begun to level out and be stuck at around 12%.

While this is encouraging, more has to be done to get tobacco products out of the hands of teenagers.

Although some believe that e-cigarettes are a "safer" alternative to tobacco products, these products still contain nicotine, a highly addictive product. Teenagers are especially susceptible to nicotine addiction and the earlier they start, the more likely they are to be addicted later in life. According to the Surgeon General, nicotine exposure to young adults may have long lasting effects as it occurs during a critical time of brain development. According to the New York State School Board Association, the use of electronic cigarettes among middle school and high school student has doubled from 2011 to 2012.

Recently, New York City and Suffolk county raised the age for the purchase of tobacco products and electronic cigarettes to 21. New York State should follow this example and increase the age to purchase tobacco products and electronic cigarettes to 21 statewide.

Health Commissioner Study

Electronic cigarettes are a relatively new battery operated device that electronically vaporizes a liquid that contains nicotine for the user to then inhale. Electronic cigarettes have been marketed as a "safer" alternative to regular tobacco products since they do not actually need to be "smoked." They have also been marketed as a smoking cessation tool. However, little is known about what is in the liquid that is being vaporized or the vapor that is exhaled by the user.

Currently, there are two types of electronic cigarettes on the market, refillable (or open system) and non-refillable (closed system). The non-refillable electronic cigarettes have a certain amount of uses and are not intended to be refilled by the user. Refillable or open system

electronic cigarettes are designed to have removable cartridges that the user can refill themselves with liquid nicotine.

Liquid nicotine is a liquid that contains nicotine and other chemicals and possibly flavoring. Liquid nicotine has been found to be harmful if ingested or exposed to someone's skin. Between 2012 and 2013 calls to poison control centers involving liquid nicotine increased by 300 percent.

Electronic cigarettes and liquid nicotine are not regulated by the state or FDA because they do not contain tobacco. This means there are no standards for how much nicotine is present in the liquid nicotine, how much nicotine is emitted per inhalation of an electronic cigarette, or what other chemicals are present in the liquid nicotine. The FDA is currently in the process of developing its own regulations that would extend its authority to regulate electronic cigarettes as "tobacco products." However, these regulations have not been finalized yet.

As much is still unknown about the possible dangers of electronic cigarettes and liquid nicotine, this bill would authorize the department of health to examine these potential dangers to the general public.

Prior legislative history

New bill

Fiscal implications

None. There may be a decrease in cigarette tax revenue from raising the age to purchase tobacco products from 18 to 21 years old.

Effective date

This bill shall take effect immediately, provided that sections one through eleven of this act shall take effect on the ninetieth day after it shall become a law.