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.
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.
LBD11816-11-4
A. 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-operated
33 device that contains cartridges filled with a combination of nicotine,
34 flavor and chemicals that are turned into vapor which is inhaled by the
35 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.
