Senate Bill Protecting Children in Daycare From Smoking Hazards Becomes Law

The New York State Senate announced that a bill preventing second and third-hand smoke from harming children in child care was signed into law today. The bill (S7522), sponsored by Senator Kemp Hannon (R, Nassau) prohibits smoking at all times in areas of private homes that are used to provide child care services.

Senator Hannon, Chair of the Health Committee, said, “Second and third-hand smoke is a detriment the development of our kids, and by working with my colleagues in the Senate and Assembly, we have taken significant steps toward establishing a healthier environment for all. I thank the Governor for taking action and signing this legislation to protect children from second and third-hand smoke in family day care settings.”

The health impacts of third-hand smoke have been the subject of research in recent years. Most notably, a study by researchers at the Lawrence Berkeley National Laboratory demonstrated that third-hand smoke can lead to gene mutation, which, according to the Berkeley Lab News Center, is “associated with the development of diseases and is a critical mechanism responsible for many types of cancer caused by smoking and second-hand smoke exposure.” These findings also suggest that airing out indoor areas will not eliminate third-hand smoke.
 
Under current law, operators and residents of home-based daycare centers are permitted to smoke in these centers outside their hours of operation. Studies on the effects of third-hand smoke – defined as residual contamination from cigarette smoke toxicants that can linger on surfaces – have shown evidence of the same harmful effects associated with first and second-hand smoking. This new law will bill help protect infants and toddlers against carcinogens and other health risks by closing this dangerous loophole and prohibit home-based daycare centers from smoking in the rooms daycare is provided.