S04156 Summary:

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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S04156 Actions:

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S04156 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                      March 3, 2015
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed 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
    23  away from the outdoor area of such food service establishment not desig-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4156                             2
     1  nated for smoking, and (c) is clearly designated with written signage as
     2  a smoking area; [and]
     3    7.  Enclosed  rooms  in  food  service  establishments, bars, catering
     4  halls, convention halls, hotel and motel  conference  rooms,  and  other
     5  such similar facilities during the time such enclosed areas or rooms are
     6  being used exclusively for functions where the public is invited for the
     7  primary purpose of promoting and sampling tobacco products or electronic
     8  cigarettes,  and  the  service  of  food and drink is incidental to such
     9  purpose, provided that the sponsor or  organizer  gives  notice  in  any
    10  promotional   material  or  advertisements  that  smoking  will  not  be
    11  restricted, and prominently posts notice at the entrance of the facility
    12  and has provided notice of such function to the appropriate  enforcement
    13  officer, as defined in subdivision one of section thirteen hundred nine-
    14  ty-nine-t  of  this  article, at least two weeks prior to such function.
    15  The enforcement officer shall keep a  record  of  all  tobacco  sampling
    16  events,  and  such record shall be made available for public inspection.
    17  No such facility shall permit smoking under this  subdivision  for  more
    18  than two days in any calendar year[.]; and
    19    8.  Retail  electronic  cigarette  stores, provided however, that such
    20  stores may only permit the use of electronic cigarettes.
    21    § 3. Subdivision 13 of section 1399-aa of the public  health  law,  as
    22  amended  by  chapter  542  of  the  laws  of 2014, is amended to read as
    23  follows:
    24    13. "Electronic cigarette" or "e-cigarette" means an electronic device
    25  that delivers vapor which is inhaled by an individual  user,  and  shall
    26  include  any refill, cartridge and any other component of such a device.
    27  Electronic cigarette shall not include any product approved as a drug or
    28  medical device by the U.S. Food and Drug Administration (FDA).
    29    § 4. This act shall take effect on the thirtieth day  after  it  shall
    30  have become a law.
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