Assembly Bill A10118

2013-2014 Legislative Session

Prohibits the use of electronic cigarettes in certain public areas

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2013-A10118 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n, 1399-q & 1399-aa, Pub Health L

2013-A10118 (ACTIVE) - Summary

Prohibits the use of electronic cigarettes in certain public areas.

2013-A10118 (ACTIVE) - Bill Text download pdf

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

                                  10118

                          I N  A S S E M B L Y

                              June 16, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to regulating the use
  of electronic cigarettes 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  a  new
subdivision 9 is 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,  INCLUDING  USING
ELECTRONIC  CIGARETTES,  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS  CHAPTER,  OR  ANY  DEVICE  THAT
VAPORIZES NICOTINE.
  9.  "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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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