Assembly Bill A10118

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

                                  10118

                          I N  A S S E M B L Y

                              June 16, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to regulating the use
  of electronic cigarettes 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,  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS  CHAPTER,  OR  ANY  DEVICE  THAT
VAPORIZES NICOTINE.
  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 TWENTY-
FIVE 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-
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

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

                                                           LBD15585-02-4

A. 10118                            2

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.  Subdivision  13 of section 1399-aa of the public health law, as
added by chapter 448 of the laws of 2012, is amended to read as follows:
  13. "Electronic cigarette" or "e-cigarette" means [a  battery-operated
device  that  contains cartridges filled with a combination of nicotine,
flavor and chemicals that are turned into vapor which is inhaled by  the
user] AN ELECTRONIC DEVICE THAT VAPORIZES NICOTINE FOR INHALATION. ELEC-
TRONIC  CIGARETTE  SHALL  INCLUDE  ANY  REFILL,  CARTRIDGE AND ANY OTHER
COMPONENT OF AN ELECTRONIC CIGARETTE.   ELECTRONIC CIGARETTE  SHALL  NOT
INCLUDE  ANY  PRODUCT  REGULATED AS A DRUG OR MEDICAL DEVICE BY THE U.S.
FOOD AND DRUG ADMINISTRATION (FDA).
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.