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A05955 Summary:

BILL NOA05955B
 
SAME ASSAME AS S02202-B
 
SPONSORRosenthal
 
COSPNSRDinowitz, Jaffee, Arroyo, Hooper, Englebright, Fahy, Zebrowski, Mosley, Magnarelli, Stirpe, Abinanti, Brindisi, Cahill, Ortiz, Galef, Linares, Ryan, Gottfried, Skoufis
 
MLTSPNSRBraunstein, Glick, Lopez, Perry, Rivera
 
Amd SS1399-n & 1399-q, Pub Health L
 
Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.
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A05955 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5955B
 
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the public health law, in relation to including elec- tronic 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 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 gener- ate 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 DA and are not subject to tobacco laws since they do not contain tobacco. This lack of oversight, is placing individ- uals 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 ciga- rettes, with some brands containing 10 times the carcinogens of tradi- tional 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 elec- tronic 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 regis- ter with the Department of Health, subjecting them to compliance checks to ensure adherence to existing law.   LEGISLATIVE HISTORY: Similar to A.8178 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.
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A05955 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5955--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section 1. Subdivision 8 of section 1399-n of the public  health  law,
     2  as  amended  by  chapter  13 of the laws of 2003, is amended and two new
     3  subdivisions 9 and 10 are added to read as follows:
     4    8. "Smoking" means the burning of a lighted cigar, cigarette, pipe  or
     5  any  other matter or substance which contains tobacco, and the use of an
     6  electronic cigarette.
     7    9. "Electronic cigarette" or "e-cigarette" shall have the same meaning
     8  as in subdivision thirteen of section thirteen hundred ninety-nine-aa of
     9  this chapter.
    10    10.  "Retail electronic cigarette store" means a retail store  devoted
    11  primarily to the sale of electronic cigarettes, and in which the sale of
    12  other  products  is  merely  incidental. The sale of such other products
    13  shall be considered incidental if such sales generate less than  twenty-
    14  five percent of the total annual gross sales.
    15    §  2. Subdivisions 6 and 7 of section 1399-q of the public health law,
    16  as added by chapter 13 of the laws of 2003, are amended and a new subdi-
    17  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
 
     1    6. Outdoor dining areas of food service establishments with no roof or
     2  other ceiling enclosure; provided, however, that smoking may be  permit-
     3  ted  in  a  contiguous area designated for smoking so long as such area:
     4  (a) constitutes no more than twenty-five percent of the outdoor  seating
     5  capacity  of such food service establishment, (b) is at least three feet
     6  away from the outdoor area of such food service establishment not desig-
     7  nated for smoking, and (c) is clearly designated with written signage as
     8  a smoking area; [and]
     9    7. Enclosed rooms  in  food  service  establishments,  bars,  catering
    10  halls,  convention  halls,  hotel  and motel conference rooms, and other
    11  such similar facilities during the time such enclosed areas or rooms are
    12  being used exclusively for functions where the public is invited for the
    13  primary purpose of promoting and sampling tobacco products or electronic
    14  cigarettes, and the service of food and  drink  is  incidental  to  such
    15  purpose,  provided  that  the  sponsor  or organizer gives notice in any
    16  promotional  material  or  advertisements  that  smoking  will  not   be
    17  restricted, and prominently posts notice at the entrance of the facility
    18  and  has provided notice of such function to the appropriate enforcement
    19  officer, as defined in subdivision one of section thirteen hundred nine-
    20  ty-nine-t of this article, at least two weeks prior  to  such  function.
    21  The  enforcement  officer  shall  keep  a record of all tobacco sampling
    22  events, and such record shall be made available for  public  inspection.
    23  No  such  facility  shall permit smoking under this subdivision for more
    24  than two days in any calendar year[.]; and
    25    8. Retail electronic cigarette stores,  provided  however,  that  such
    26  stores may only permit the use of electronic cigarettes.
    27    §  3.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law; provided, however, that  effective  immediately,  the
    29  addition,  amendment  and/or  repeal of any rule or regulation necessary
    30  for the implementation of section three of this  act  on  its  effective
    31  date  is  authorized  and directed to be made and completed on or before
    32  such effective date.
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