|SAME AS||No Same As|
|Amd §§1399-n, 1399-q & 1399-aa, Pub Health L|
|Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 729 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ 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. LBD05458-01-7S. 729 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.