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

9 Co-sponsors

• Fredrick J. Akshar II
• Tony Avella
• David Carlucci
• Adriano Espaillat
• Jesse Hamilton
• Kenneth P. LaValle
• Jack M. Martins
• Kevin S. Parker
• Patty Ritchie

BILL NUMBER:S2202B

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

Ban the use of electronic cigarettes in certain indoor areas and ensure all sellers of electronic cigarettes.

Summary of provisions

Section one amends § 1399-n of the Public Health Law to include in the definition of "smoking" the use of electronic cigarettes. 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 twenty-five percent of the total annual gross sales.

Section two of this bill amends § 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 provides the effective date.

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, rather they heat up liquid nicotine and emit 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 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. Recent studies have suggested that e-cigarettes may contain more carcinogens than traditional cigarettes, with some brands containing 10 times the carcinogens of traditional cigarettes. Recent studies have also shown that secondhand smoke from e-cigarettes contains elevated levels, at nearly four times higher than that of regular cigarettes, of toxic metal such as nickel and chromium. Currently, three states and more than 170 municipalities prohibit use of e-cigarettes in other smoke free environments in order to protect the health and rights of nonsmokers who do not wish to be exposed to this secondhand smoke.

In 2012, the state banned the sale and distribution of electronic cigarettes to minors under the age of 18. Despite enactment of this ban to minors in New York and a number of other states, the CDC reports the use of electronic cigarettes among middle school and high school students has more than double from 2011 to 2012. This legislation takes the next step and protects New Yorkers from the dangers of these unregulated devices. The legislation provides an exemption for retail e-cigarette stores and for conventions that are for the purpose of promoting and sampling e-cigarette products.

Legislative history

Similar to S.7841-B of 2014

Fiscal implications

None.

Effective date

30 days after enactment, provided however, section three shall take effect the first day of the month commencing after the 180th day after enactment.