STATE OF NEW YORK
________________________________________________________________________
2595
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, JAFFEE, COOK, HOOPER, CLARK,
GALEF, ENGLEBRIGHT, ZEBROWSKI, FAHY -- Multi-Sponsored by -- M. of A.
ARROYO, BRAUNSTEIN, CAMARA, CRESPO, GLICK, HEASTIE, MOSLEY, PERRY,
RIVERA -- 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
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:
18 6. Outdoor dining areas of food service establishments with no roof or
19 other ceiling enclosure; provided, however, that smoking may be permit-
20 ted in a contiguous area designated for smoking so long as such area:
21 (a) constitutes no more than twenty-five percent of the outdoor seating
22 capacity of such food service establishment, (b) is at least three feet
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04219-02-5
A. 2595 2
1 away from the outdoor area of such food service establishment not desig-
2 nated for smoking, and (c) is clearly designated with written signage as
3 a smoking area; [and]
4 7. Enclosed rooms in food service establishments, bars, catering
5 halls, convention halls, hotel and motel conference rooms, and other
6 such similar facilities during the time such enclosed areas or rooms are
7 being used exclusively for functions where the public is invited for the
8 primary purpose of promoting and sampling tobacco products or electronic
9 cigarettes, and the service of food and drink is incidental to such
10 purpose, provided that the sponsor or organizer gives notice in any
11 promotional material or advertisements that smoking will not be
12 restricted, and prominently posts notice at the entrance of the facility
13 and has provided notice of such function to the appropriate enforcement
14 officer, as defined in subdivision one of section thirteen hundred nine-
15 ty-nine-t of this article, at least two weeks prior to such function.
16 The enforcement officer shall keep a record of all tobacco sampling
17 events, and such record shall be made available for public inspection.
18 No such facility shall permit smoking under this subdivision for more
19 than two days in any calendar year[.]; and
20 8. Retail electronic cigarette stores, provided however, that such
21 stores may only permit the use of electronic cigarettes.
22 § 3. Subdivision 13 of section 1399-aa of the public health law, as
23 amended by chapter 542 of the laws of 2014, is amended to read as
24 follows:
25 13. "Electronic cigarette" or "e-cigarette" means an electronic device
26 that delivers vapor which is inhaled by an individual user, and shall
27 include any refill, cartridge and any other component of such a device.
28 Electronic cigarette shall not include any product approved as a drug or
29 medical device by the U.S. Food and Drug Administration (FDA).
30 § 4. This act shall take effect on the thirtieth day after it shall
31 have become a law.
