S T A T E   O F   N E W   Y O R K
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                                 8178--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                           September 27, 2013
                               ___________

Introduced  by M. of A. ROSENTHAL, DINOWITZ, JACOBS, JAFFEE, COOK, HOOP-
  ER, CLARK, GALEF, ENGLEBRIGHT, ZEBROWSKI, FAHY --  Multi-Sponsored  by
  -- M. of A.  ARROYO, BRAUNSTEIN, CAMARA, CRESPO, GLICK, HEASTIE, MILL-
  MAN,  MOSLEY,  PERRY,  RIVERA,  ROSA  -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

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 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  TWENTY-
FIVE PERCENT OF THE TOTAL ANNUAL GROSS SALES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11816-11-4

              

A. 8178--C                          2

  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
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 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 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).
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.