Prohibits possession of e-cigarettes on school grounds

Section 2 is the effective date.

Existing law

Article 13-E regulates smoking in certain public areas. Section 1399-n provides the definitions for the purposes of this article. Section 1399-n(6) defines school grounds to mean any building, structure, and surrounding outdoor grounds contained within a public or private pre-school, nursery school, elementary or secondary school's legally defined property boundaries as registered in a county clerk's office and any vehicles used to transport children or personnel.

Article 13-F regulates tobacco products, herbal cigarettes, and smoking paraphernalia and the distribution to minors. Section 1399-aa provides the definitions for the purposes of this article. Section 1399-aa(13) defines electronic cigarette or e-cigarette means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.

Current law does not prohibit electronic cigarettes or e-cigarettes on school grounds.

Justification

Electronic cigarettes or e-cigarettes are defined by the Public Health Law as, electronic devices that deliver vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device. Generally, these are electronic devices that deliver nicotine to the user. While these devices do not contain tobacco or emit smoke, 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 minors from the dangers of these unregulated devices, particularly because they have not been proven to be safe for use at any age, by prohibiting their use on any school ground. School grounds are defined by the Public Health Law as, any building, structure, and surrounding outdoor grounds contained within a public or private pre-school, nursery school, elementary or secondary school's legally defined property boundaries as registered in a county clerk's office, and any vehicles used to transport children or school personnel. The use of electronic cigarettes in schools is a major problem. Because they are so easily hidden, students will bring e-cigarettes into classrooms and use the devises while class is in session. Not only is this distracting for the other students, e-cigarette use may pose major health risks to users, and as stated above, the sale and distribution of these devises to minors remains prohibited. Although teachers are not always aware of the use, students detect e-cigarette usage because of the distinctive odors produced by e-cigarettes. Furthermore, e-cigarettes may not be included under tobacco-free school regulations because the devices do not contain any tobacco.

Despite the absence of tobacco and the prohibition against the sale of these devices to minors, e-cigarette use by children and teens remains prevalent and should be robustly discouraged. Unknown health consequences and the ubiquitous nature of e-cigarettes make these devices especially concerning. By prohibiting the possession of these devices on school grounds the State of New York renews its commitment to preventing childhood and teenage smoking.

Legislative history

2015: S.4188-A reported from Health

Fiscal implications

None.

Effective date

This act shall take effect immediately.