|SAME AS||SAME AS S07841-B|
|COSPNSR||Dinowitz, Jacobs, Jaffee, Cook, Hooper, Clark, Galef, Englebright, Zebrowski, Fahy|
|MLTSPNSR||Arroyo, Braunstein, Camara, Crespo, Glick, Heastie, Millman, Mosley, Perry, Rivera|
|Amd SS1399-n, 1399-q & 1399-aa, Pub Health L|
|Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8178C SPONSOR: Rosenthal
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: This bill bans the use of electronic cigarettes in certain indoor areas   SUMMARY OF PROVISIONS: Section one of this bill amends section 1399-n of the Public Health Law to include in the definition of "smoking" the use of electronic ciga- rettes. This bill also adds the definition of "retail electronic ciga- rette 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 inci- dental if such sales generate less than twenty-five percent of the total annual gross sales. Section two of this bill amends section 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 establish- ments 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 has this act taking effect on the thirtieth day after it becomes law.   JUSTIFICATION: This bill bans the use of electronic cigarettes under the Clean Indoor Air Act and certain outdoor areas. Electronic ciga- rettes, 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 over- sight, is placing individuals at risk because there is little known about the chemical make-up of the liquid nicotine or the harm to indi- viduals 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. It is for these reasons, the state banned the sale and distribution of electronic cigarettes to minors under the age of 18 in 2012. This legis- lation is necessary to further protect New Yorkers from the dangers of these unregulated devices, particularly given that they have not been proven to be safe for use at any age. This 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: New Bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act takes effect on the thirtieth day after it becomes law.
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STATE OF NEW YORK ________________________________________________________________________ 8178--C 2013-2014 Regular Sessions IN ASSEMBLY September 27, 2013 ___________ Introduced by M. of A. ROSENTHAL, DINOWITZ, JACOBS, JAFFEE, COOK, HOOP- ER, CLARK, GALEF, ENGLEBRIGHT, ZEBROWSKI, FAHY -- Multi-Sponsored by -- M. of A. ARROYO, BRAUNSTEIN, CAMARA, CRESPO, GLICK, HEASTIE, MILL- MAN, MOSLEY, PERRY, RIVERA, ROSA -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11816-11-4A. 8178--C 2 1 § 2. Subdivisions 6 and 7 of section 1399-q of the public health law, 2 as added by chapter 13 of the laws of 2003, are amended and a new subdi- 3 vision 8 is added to read as follows: 4 6. Outdoor dining areas of food service establishments with no roof or 5 other ceiling enclosure; provided, however, that smoking may be permit- 6 ted in a contiguous area designated for smoking so long as such area: 7 (a) constitutes no more than twenty-five percent of the outdoor seating 8 capacity of such food service establishment, (b) is at least three feet 9 away from the outdoor area of such food service establishment not desig- 10 nated for smoking, and (c) is clearly designated with written signage as 11 a smoking area; [ and] 12 7. Enclosed rooms in food service establishments, bars, catering 13 halls, convention halls, hotel and motel conference rooms, and other 14 such similar facilities during the time such enclosed areas or rooms are 15 being used exclusively for functions where the public is invited for the 16 primary purpose of promoting and sampling tobacco products or electronic 17 cigarettes, and the service of food and drink is incidental to such 18 purpose, provided that the sponsor or organizer gives notice in any 19 promotional material or advertisements that smoking will not be 20 restricted, and prominently posts notice at the entrance of the facility 21 and has provided notice of such function to the appropriate enforcement 22 officer, as defined in subdivision one of section thirteen hundred nine- 23 ty-nine-t of this article, at least two weeks prior to such function. 24 The enforcement officer shall keep a record of all tobacco sampling 25 events, and such record shall be made available for public inspection. 26 No such facility shall permit smoking under this subdivision for more 27 than two days in any calendar year[ .]; and 28 8. Retail electronic cigarette stores, provided however, that such 29 stores may only permit the use of electronic cigarettes. 30 § 3. Subdivision 13 of section 1399-aa of the public health law, as 31 added by chapter 448 of the laws of 2012, is amended to read as follows: 32 13. "Electronic cigarette" or "e-cigarette" means [ a battery-operated33 device that contains cartridges filled with a combination of nicotine,34 flavor and chemicals that are turned into vapor which is inhaled by the35 user] an electronic device that delivers vapor which is inhaled by an 36 individual user and shall include any refill, cartridge and any other 37 component of such a device. Electronic cigarette shall not include any 38 product approved as a drug or medical device by the U.S. Food and Drug 39 Administration (FDA). 40 § 4. This act shall take effect on the thirtieth day after it shall 41 have become a law.