Assembly Bill A5955A

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

                                  5955

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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 and requiring vendors of electronic cigarettes to  regis-
  ter

  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.
  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.
                                                           LBD07109-01-5
              

A. 5955                             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 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
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).
  S 4. The public  health  law  is  amended  by  adding  a  new  section
1399-dd-1 to read as follows:
  S  1399-DD-1.  REGISTRATION  OF VENDORS OF ELECTRONIC CIGARETTES.  ANY
PERSON SELLING OR OFFERING FOR SALE ELECTRONIC CIGARETTES  THAT  IS  NOT
OTHERWISE REGISTERED WITH THE DEPARTMENT OF TAXATION AND FINANCE TO SELL
TOBACCO  PRODUCTS  AS  REQUIRED BY ARTICLE TWENTY OF THE TAX LAW AND THE
REGULATIONS ADOPTED PURSUANT THERETO, SHALL REGISTER  WITH  THE  DEPART-
MENT.  THE COMMISSIONER SHALL ADOPT REGULATIONS FOR THE ESTABLISHMENT OF
A REGISTRY AND TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law;  provided,  however, that section four of this act
shall take effect the first day of the month commencing  after  the  one
hundred  eightieth day after this act shall have become a law; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
section four of this act  on  its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.

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

                                 5955--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, DINOWITZ, JAFFEE, ARROYO, HOOPER,
  ENGLEBRIGHT, FAHY, ZEBROWSKI, MOSLEY,  MAGNARELLI,  STIRPE,  ABINANTI,
  BRINDISI,  CAHILL -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, GLICK,
  PERRY, RIVERA -- read once and referred to the Committee on Health  --
  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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07109-04-5

              

A. 5955--B                          2

  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.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of section three of this  act  on  its  effective
date  is  authorized  and directed to be made and completed on or before
such effective date.