What's happening
This bill amends public health law to regulate electronic cigarettes the same as tobacco products in certain public areas.
Why it matters
Expands the definition of "smoking". to include the use of electronic cigarettes, meaning e-cigarette use will be regulated in all the same public spaces as traditional tobacco smoking, potentially reducing public exposure to secondhand vapor.
Creates a new category for "retail electronic cigarette stores,". allowing these specialty shops to permit e-cigarette use on their premises, but only if e-cigarette sales make up at least 75% of their business—limiting exemptions and preventing widespread loopholes.
Clarifies that FDA-approved nicotine products. (like cessation devices) are not regulated as "electronic cigarettes" under this law, so medical therapies are not affected by these restrictions.
Aligns public notification and enforcement procedures. for e-cigarette events with those for tobacco events, ensuring comparable oversight and transparency for both industries in public health contexts.
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Who cares
Headline styles
Ban E-Cigarettes in Public
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Public Vaping Indoors
In Assembly Committee · Health · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
729
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to including electronic cigarettes within provisions regulating smoking in certain public areas
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 1399-n of the public health law, as amended by chapter 13 of the laws of 2003, is amended and two new subdivisions 9 and 10 are added to read as follows:
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, and the use of an electronic cigarette.
9. "Electronic cigarette" or "e-cigarette" shall have the same meaning as in subdivision thirteen of section thirteen hundred ninety-nine-aa of this chapter.
10. "Retail electronic cigarette store" means 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 twentyfive percent of the total annual gross sales.
§ 2. Subdivisions 6 and 7 of section 1399-q of the public health law, as added by chapter 13 of the laws of 2003, are amended and a new subdivision 8 is added to read as follows:
6. Outdoor dining areas of food service establishments with no roof or other ceiling enclosure; provided, however, that smoking may be permitted in a contiguous area designated for smoking so long as such area: (a) constitutes no more than twenty-five percent of the outdoor seating capacity of such food service establishment, (b) is at least three feet away from the outdoor area of such food service establishment not desig-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05458-01-7
S. 729 2
nated for smoking, and (c) is clearly designated with written signage as a smoking area; [and]
7. Enclosed rooms in food service establishments, bars, catering halls, convention halls, hotel and motel conference rooms, and other such similar facilities during the time such enclosed areas or rooms are being used exclusively for functions where the public is invited for the primary purpose of promoting and sampling tobacco products or electronic cigarettes, and the service of food and drink is incidental to such purpose, provided that the sponsor or organizer gives notice in any promotional material or advertisements that smoking will not be restricted, and prominently posts notice at the entrance of the facility and has provided notice of such function to the appropriate enforcement officer, as defined in subdivision one of section thirteen hundred ninety-nine-t of this article, at least two weeks prior to such function. The enforcement officer shall keep a record of all tobacco sampling events, and such record shall be made available for public inspection. No such facility shall permit smoking under this subdivision for more than two days in any calendar year[.]; and
8. Retail electronic cigarette stores, provided however, that such stores may only permit the use of electronic cigarettes.
§ 3. Subdivision 13 of section 1399-aa of the public health law, as amended by chapter 542 of the laws of 2014, is amended to read as follows:
13. "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. Electronic cigarette shall not include any product approved as a drug or medical device by the U.S. Food and Drug Administration (FDA).
§ 4. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 the use of electronic cigarettes to the definition of smoking and provides the definition of "electronic cigarette" and "e-cigarette." This section 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 section 1399-q of the Public Health Law to exempt retail electronic cigarette stores from the Clean Indoor Air Act. This section 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 of this bill amends section 13 of section 1399-aa of the Public Health Law to amend the definition of e-cigarette.
Section four is 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 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.
Legislative history
S.7841 of 2013-2014 S.4156 of 2015-2016
Fiscal implications
None EFFECTIVE DATE : This act takes effect on the thirtieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.