STATE OF NEW YORK
________________________________________________________________________
10118
IN ASSEMBLY
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:
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 a new
3 subdivision 9 is 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, including using
6 electronic cigarettes, as defined in subdivision thirteen of section
7 thirteen hundred ninety-nine-aa of this chapter, or any device that
8 vaporizes nicotine.
9 9. "Retail electronic cigarette store" means a retail store devoted
10 primarily to the sale of electronic cigarettes, and in which the sale of
11 other products is merely incidental. The sale of such other products
12 shall be considered incidental if such sales generate less than twenty-
13 five percent of the total annual gross sales.
14 § 2. Subdivisions 6 and 7 of section 1399-q of the public health law,
15 as added by chapter 13 of the laws of 2003, are amended and a new subdi-
16 vision 8 is added to read as follows:
17 6. Outdoor dining areas of food service establishments with no roof or
18 other ceiling enclosure; provided, however, that smoking may be permit-
19 ted in a contiguous area designated for smoking so long as such area:
20 (a) constitutes no more than twenty-five percent of the outdoor seating
21 capacity of such food service establishment, (b) is at least three feet
22 away from the outdoor area of such food service establishment not desig-
23 nated for smoking, and (c) is clearly designated with written signage as
24 a smoking area; [and]
25 7. Enclosed rooms in food service establishments, bars, catering
26 halls, convention halls, hotel and motel conference rooms, and other
27 such similar facilities during the time such enclosed areas or rooms are
28 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
1 primary purpose of promoting and sampling tobacco products or electronic
2 cigarettes, and the service of food and drink is incidental to such
3 purpose, provided that the sponsor or organizer gives notice in any
4 promotional material or advertisements that smoking will not be
5 restricted, and prominently posts notice at the entrance of the facility
6 and has provided notice of such function to the appropriate enforcement
7 officer, as defined in subdivision one of section thirteen hundred nine-
8 ty-nine-t of this article, at least two weeks prior to such function.
9 The enforcement officer shall keep a record of all tobacco sampling
10 events, and such record shall be made available for public inspection.
11 No such facility shall permit smoking or using electronic cigarettes
12 under this subdivision for more than two days in any calendar year[.];
13 and
14 8. Retail electronic cigarette stores; provided, however, that such
15 stores may only permit the use of electronic cigarettes.
16 § 3. Subdivision 13 of section 1399-aa of the public health law, as
17 added by chapter 448 of the laws of 2012, is amended to read as follows:
18 13. "Electronic cigarette" or "e-cigarette" means [a battery-operated
19 device that contains cartridges filled with a combination of nicotine,
20 flavor and chemicals that are turned into vapor which is inhaled by the
21 user] an electronic device that vaporizes nicotine for inhalation. Elec-
22 tronic cigarette shall include any refill, cartridge and any other
23 component of an electronic cigarette. Electronic cigarette shall not
24 include any product regulated as a drug or medical device by the U.S.
25 Food and Drug Administration (FDA).
26 § 4. This act shall take effect on the sixtieth day after it shall
27 have become a law.
