S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3829
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL, DINOWITZ, JAFFEE, COOK, HOOPER, GALEF,
   ENGLEBRIGHT,  ZEBROWSKI,  FAHY, RYAN -- Multi-Sponsored by -- M. of A.
   ARROYO, BRAUNSTEIN, CRESPO, GLICK, MOSLEY, PERRY, RIVERA -- read  once
   and referred 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05458-01-7

 A. 3829                             2
 
 away from the outdoor area of such food service establishment not desig-
 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.
   § 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).
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.