Bill Text: NY S02202 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-06-17 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S02202 Detail]

Download: New_York-2015-S02202-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2202
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- 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 and requiring vendors of electronic cigarettes to  regis-
         ter
         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    S  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.
                                                                  LBD07109-01-5
       S. 2202                             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    S 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    S 4. The public  health  law  is  amended  by  adding  a  new  section
   30  1399-dd-1 to read as follows:
   31    S  1399-DD-1.  REGISTRATION  OF VENDORS OF ELECTRONIC CIGARETTES.  ANY
   32  PERSON SELLING OR OFFERING FOR SALE ELECTRONIC CIGARETTES  THAT  IS  NOT
   33  OTHERWISE REGISTERED WITH THE DEPARTMENT OF TAXATION AND FINANCE TO SELL
   34  TOBACCO  PRODUCTS  AS  REQUIRED BY ARTICLE TWENTY OF THE TAX LAW AND THE
   35  REGULATIONS ADOPTED PURSUANT THERETO, SHALL REGISTER  WITH  THE  DEPART-
   36  MENT.  THE COMMISSIONER SHALL ADOPT REGULATIONS FOR THE ESTABLISHMENT OF
   37  A REGISTRY AND TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   38    S 5. This act shall take effect on the thirtieth day  after  it  shall
   39  have  become  a  law;  provided,  however, that section four of this act
   40  shall take effect the first day of the month commencing  after  the  one
   41  hundred  eightieth day after this act shall have become a law; provided,
   42  however, that effective  immediately,  the  addition,  amendment  and/or
   43  repeal  of  any  rule  or regulation necessary for the implementation of
   44  section four of this act  on  its  effective  date  are  authorized  and
   45  directed to be made and completed on or before such effective date.