Senate Bill S2202B

2015-2016 Legislative Session

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committee discharged and committed to rules
Jan 06, 2016	referred to health
Jun 25, 2015	committed to rules
Jun 10, 2015	amended on third reading (t) 2202b
Apr 27, 2015	advanced to third reading amended 2202a
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.393
Jan 21, 2015	referred to health

Votes

- Apr 22, 2015 - Health Committee Vote
  S2202B
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  7
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Apr 22, 2015
      
      aye (10)
      
      Felder
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Montgomery
      
      Panepinto
      
      Rivera
      
      Stavisky
      
      Young
      
      aye wr (7)
      
      Farley
      
      Golden
      
      Little
      
      Martins
      
      Murphy
      
      Seward
      
      Valesky

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S2202 - Details

See Assembly Version of this Bill:: A5955
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-n & 1399-q, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7841, A8178
2017-2018: S729, S2543, A516, A3829

2015-S2202 - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

2015-S2202 - Sponsor Memo

                                BILL NUMBER:S2202

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 and requiring vendors of electronic cigarettes
to register

PURPOSE:

Ban the use of electronic cigarettes in certain indoor areas and
ensure all sellers of electronic cigarettes are registered and subject
to compliance checks.

SUMMARY OF PROVISIONS:

Section one amends § 1399-n of the Public Health Law to include in the
definition of "smoking" the use of electronic cigarettes. This bill
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 § 1399-q of the Public Health Law to
exempt retail electronic cigarette stores from the Clean Indoor Air

Act. This bill 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 adds a new Public Health Law § 1399-dd-1 to require any
person selling or offering for sale electronic cigarettes that is not
registered with the Department of Taxation and Finance to sell tobacco
products, to register with the Department of Health. The Commissioner
shall adopt regulations to establish the registry and ensure
compliance.

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. Recent studies have suggested that
e-cigarettes may contain more carcinogens than traditional cigarettes,


with some brands containing 10 times the carcinogens of traditional
cigarettes.

It is for these reasons, the state banned the sale and distribution of
electronic cigarettes to minors under the age of 18 in 2012. Despite
enactment of this ban to minors in New York and a number of other
states, the CDC reports the use of electronic cigarettes among middle
school and high school students has more than double from 2011 to
2012. While Chapter 448 of 2012 including electronic cigarettes in the
Public Health Law provisions banning sale to minors, it did not
include electronic cigarettes under the definition of a "tobacco
product" under the Tax Law. Thus, retailers that sell electronic
cigarettes do not need a tobacco registration from the Department of
Taxation and Finance. As a result, electronic Cigarettes can be sold
in stores that do not sell traditional tobacco products. Since these
retailers are not registered, there is no way for the Department of
Health's Enforcement Unit to know they are selling electronic
cigarettes and to conduct compliance checks to ensure they are not
selling to minors.

This legislation is necessary to further protect New Yorkers from the
dangers of these unregulated devices. The legislation provides an
exemption for retail e-cigarette stores and for conventions that are
for the purpose of promoting and sampling e-cigarette products.
Further this legislation would close the current loophole by requiring
retailers that are not registered with the Department of Tax and
Finance to register with the Department of Health, subjecting them to
compliance checks to ensure adherence to existing law.

LEGISLATIVE HISTORY:

Similar to S.7841-B of 2014

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

30 days after enactment, provided however, section four shall take
effect the first day of the month commencing after the 180th day after
enactment.

2015-S2202 - Bill Text download pdf

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

                                  2202

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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 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

S. 2202                             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.

co-Sponsors

2015-S2202A - Details

See Assembly Version of this Bill:: A5955
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-n & 1399-q, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7841, A8178
2017-2018: S729, S2543, A516, A3829

2015-S2202A - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

2015-S2202A - Sponsor Memo

                                BILL NUMBER:S2202A

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 and requiring vendors of electronic cigarettes
to register

PURPOSE:  Ban the use of electronic cigarettes in certain indoor areas
and ensure all sellers of electronic cigarettes are registered and
subject to compliance checks.

SUMMARY OF PROVISIONS:

Section one amends § 1399-n of the Public Health Law to include in the
definition of "smoking" the use of electronic cigarettes. This bill
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 § 1399-q of the Public Health Law to
exempt retail electronic cigarette stores from the Clean Indoor Air
Act. This bill 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 adds a new Public Health Law § 1399-dd-1 to require any
person selling or offering for sale electronic cigarettes that is not
registered with the Department of Taxation and Finance to sell tobacco
products, to register with the Department of Health. The Commissioner
shall adopt regulations to establish the registry and ensure
compliance.

Section four provides 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, rather they heat up liquid nicotine and emit 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 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. Recent studies have suggested that e-cigarettes may
contain more carcinogens than traditional cigarettes, with some brands
containing 10 times the carcinogens of traditional cigarettes. Recent
studies have also shown that secondhand smoke from e-cigarettes
contains elevated levels, at nearly four times higher than that of
regular cigarettes, of toxic metal such as nickel and chromium.
Currently, three states and more than 170 municipalities prohibit use


of e-cigarettes in other smoke free environments in order to protect
the health and rights of nonsmokers who do not wish to be exposed to
this secondhand smoke.

In 2012, the state banned the sale and distribution of electronic
cigarettes to minors under the age of 18. Despite enactment of this
ban to minors in New York and a number of other states, the CDC
reports the use of electronic cigarettes among middle school and high
school students has more than double from 2011 to 2012. While Chapter
448 of 2012 including electronic cigarettes in the Public Health Law
provisions banning sale to minors, it did not include electronic
cigarettes under the definition of a "tobacco product" under the Tax
Law. Thus, retailers that sell electronic cigarettes do not need a
tobacco registration from the Department of Taxation and Finance. As a
result, electronic cigarettes can be sold in stores that do not sell
traditional tobacco products. Since these retailers are not
registered, there is no way for the Department of Health's Enforcement
Unit to know they are selling electronic cigarettes and to conduct
compliance checks to ensure they are not selling to minors. This bill
would remedy this loophole by requiring retailers that are not
registered with the Department of Tax and Finance to register with the
Department of Health, subjecting them to compliance checks to ensure
adherence to existing law.

This legislation is necessary to protect New Yorkers from the dangers
of these unregulated devices. The 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: Similar to S.7841-B of 2014

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  30 days after enactment, provided however, section
four shall take effect the first day of the month commencing after the
180th day after enactment

2015-S2202A - Bill Text download pdf

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

                                 2202--A
    Cal. No. 393

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens.  HANNON, AVELLA, RITCHIE -- 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,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, 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 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-

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

                                                           LBD07109-02-5

S. 2202--A                          2

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. 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 4. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law;  provided, however, that section three 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 three of this act  on  its  effective  date  is  authorized  and
directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2015-S2202B (ACTIVE) - Details

See Assembly Version of this Bill:: A5955
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-n & 1399-q, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7841, A8178
2017-2018: S729, S2543, A516, A3829

2015-S2202B (ACTIVE) - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

2015-S2202B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2202B

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:

Ban the use of electronic cigarettes in certain indoor areas and
ensure all sellers of electronic cigarettes.

SUMMARY OF PROVISIONS:

Section one amends § 1399-n of the Public Health Law to include in the
definition of "smoking" the use of electronic cigarettes. This bill
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 § 1399-q of the Public Health Law to
exempt retail electronic cigarette stores from the Clean Indoor Air

Act. This bill 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 provides 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, rather they heat up
liquid nicotine and emit 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 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. Recent studies have
suggested that e-cigarettes may contain more carcinogens than
traditional cigarettes, with some brands containing 10 times the
carcinogens of traditional cigarettes.  Recent studies have also shown
that secondhand smoke from e-cigarettes contains elevated levels, at
nearly four times higher than that of regular cigarettes, of toxic
metal such as nickel and chromium. Currently, three states and more
than 170 municipalities prohibit use of e-cigarettes in other smoke
free environments in order to protect the health and rights of
nonsmokers who do not wish to be exposed to this secondhand smoke.


In 2012, the state banned the sale and distribution of electronic
cigarettes to minors under the age of 18. Despite enactment of this
ban to minors in New York and a number of other states, the CDC
reports the use of electronic cigarettes among middle school and high
school students has more than double from 2011 to 2012.  This
legislation takes the next step and protects New Yorkers from the
dangers of these unregulated devices. The 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:

Similar to S.7841-B of 2014

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

30 days after enactment, provided however, section three shall take
effect the first day of the month commencing after the 180th day after
enactment.

2015-S2202B (ACTIVE) - Bill Text download pdf

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

                                 2202--B
    Cal. No. 393

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens. HANNON, AVELLA, CARLUCCI, MARTINS, RITCHIE -- 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, amended on second report, ordered to a
  third reading, and to be reprinted as amended, retaining its place  in
  the  order  of  third  reading  -- committee discharged, bill amended,
  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:
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-

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

                                                           LBD07109-05-5

S. 2202--B                          2

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.

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