Senate Bill S6562A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6562

                            I N  S E N A T E

                            February 6, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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  elec-
  tronic  cigarettes  within  provisions  regulating  smoking in certain
  public areas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, 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  to  read  as
follows:
  8.  "Smoking"  means  the burning of a lighted cigar, cigarette, ELEC-
TRONIC CIGARETTE, pipe or any other matter or substance  which  contains
tobacco.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13918-01-4


              

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6562--B
    Cal. No. 561

                            I N  S E N A T E

                            February 6, 2014
                               ___________

Introduced by Sens. HANNON, CARLUCCI, TKACZYK, VALESKY -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Health -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend the public health law, in relation to including elec-
  tronic cigarettes within  provisions  regulating  smoking  in  certain
  public areas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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 a new
subdivision 9 is 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, INCLUDING USING
ELECTRONIC CIGARETTES OR ANY DEVICE THAT VAPORIZES NICOTINE OR ANY OTHER
SUBSTANCE.
  9. "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  FIFTY
PERCENT OF THE TOTAL ANNUAL GROSS SALES.
  S  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 subdi-
vision 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  permit-
ted  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.
              

                                                           LBD13918-03-4

S. 6562--B                          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 nine-
ty-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  OR  USING  ELECTRONIC  CIGARETTES
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.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.