NY State Senate Bill 2015-S4156

Senate Bill S4156

2015-2016 Legislative Session

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Mar 03, 2015	referred to health

2015-S4156 (ACTIVE) - Details

See Assembly Version of this Bill:: A2595
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-n, 1399-q & 1399-aa, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7841, A8178
2017-2018: S729, S2543, A516, A3829

2015-S4156 (ACTIVE) - Summary

Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.

2015-S4156 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4156

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 the use of electronic cigarettes to the definition of
smoking and provides the definition of "electronic cigarette" and
"e-cigarette." This section also adds the definition of "retail
electronic cigarette 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 incidental 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 section also allows for a two day exemption for other
establishments 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 is the effective date.

JUSTIFICATION:

This bill bans the use of electronic cigarettes under the Clean Indoor
Air Act and certain outdoor areas. Electronic cigarettes, 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 oversight is placing individuals at risk because there is little
known about the chemical make-up of the liquid nicotine or the harm to
individuals 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 legislation 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:

A.8178 of 2013-2014

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act takes effect on the thirtieth day after it becomes law.

2015-S4156 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4156

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              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:

  Section  1.  Subdivision 8 of section 1399-n of the public health law,
as amended by chapter 13 of the laws of 2003, is  amended  and  two  new
subdivisions 9 and 10 are added to read as follows:
  8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco, AND THE USE OF  AN
ELECTRONIC CIGARETTE.
  9. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF
THIS CHAPTER.
  10.   "RETAIL ELECTRONIC CIGARETTE STORE" MEANS 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 INCIDENTAL IF SUCH SALES GENERATE LESS THAN TWENTY-
FIVE PERCENT OF THE TOTAL ANNUAL GROSS SALES.
  S 2. Subdivisions 6 and 7 of section 1399-q of the public health  law,
as added by chapter 13 of the laws of 2003, are amended and a new subdi-
vision 8 is added to read as follows:
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-
ted in a contiguous area designated for smoking so long  as  such  area:
(a)  constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three  feet
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.
                                                           LBD04219-02-5

S. 4156                             2

nated for smoking, and (c) is clearly designated with written signage as
a smoking area; [and]
  7.  Enclosed  rooms  in  food  service  establishments, bars, catering
halls, convention halls, hotel and motel  conference  rooms,  and  other
such similar facilities during the time such enclosed areas or rooms are
being used exclusively for functions where the public is invited for the
primary purpose of promoting and sampling tobacco products OR ELECTRONIC
CIGARETTES,  and  the  service  of  food and drink is incidental to such
purpose, provided that the sponsor or  organizer  gives  notice  in  any
promotional   material  or  advertisements  that  smoking  will  not  be
restricted, and prominently posts notice at the entrance of the facility
and has provided notice of such function to the appropriate  enforcement
officer, as defined in subdivision one of section thirteen hundred nine-
ty-nine-t  of  this  article, at least two weeks prior to such function.
The enforcement officer shall keep a  record  of  all  tobacco  sampling
events,  and  such record shall be made available for public inspection.
No such facility shall permit smoking under this  subdivision  for  more
than two days in any calendar year[.]; AND
  8.  RETAIL  ELECTRONIC  CIGARETTE  STORES, PROVIDED HOWEVER, THAT SUCH
STORES MAY ONLY PERMIT THE USE OF ELECTRONIC CIGARETTES.
  S 3. Subdivision 13 of section 1399-aa of the public  health  law,  as
amended  by  chapter  542  of  the  laws  of 2014, is amended to read as
follows:
  13. "Electronic cigarette" or "e-cigarette" means an electronic device
that delivers vapor which is inhaled by an individual  user,  and  shall
include  any refill, cartridge and any other component of such a device.
ELECTRONIC CIGARETTE SHALL NOT INCLUDE ANY PRODUCT APPROVED AS A DRUG OR
MEDICAL DEVICE BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA).
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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