L.L. 2013/152

Enactment date: 12/30/2013

Int. No. 1210-A

By Council Members Gennaro, the Speaker (Council Member Quinn), Arroyo, Greenfield, Vacca, Koo, Koppell, Richards and Dromm

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of electronic cigarettes.

Be it enacted by the Council as follows:

Section 1. Legislative findings. Electronic cigarette devices have not been approved by the Food and Drug Administration (FDA) for smoking cessation and are currently unregulated by the FDA. Most devices contain nicotine, a highly addictive substance. Although the long-term effects of electronic cigarette devices require further study, the FDA has found that some devices contain toxins and carcinogens and has expressed concerns about their safety. Use of electronic cigarette devices, particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by making it easier for them to maintain their nicotine addiction. Children and youth who experiment with electronic cigarettes may become addicted to nicotine and ultimately switch to smoking cigarettes.

The use of electronic cigarette devices may be visually similar to the smoking of cigarettes, and has already been observed in locations where smoking is prohibited, creating concern and confusion that threatens to interfere with enforcement of the Smoke-Free Air Act. The use of electronic cigarette devices in places where smoking is prohibited may increase the social acceptability and appeal of smoking, particularly for youth, potentially undermining the enormous progress that has been made over the years in discouraging smoking.

The Council therefore finds that prohibiting the use of electronic cigarette devices in public places and places of employment will protect the health of the citizens of New York City, facilitate enforcement of the Smoke-Free Air Act, and protect youth from observing behaviors that could encourage them to smoke.

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[Consolidated provisions are not included in this Appendix A]

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§ 14. Before the ninetieth day after this local law shall have become a law, every employer shall make any changes necessary in their written smoking policy to bring them into compliance with the requirements of chapter 5 of title 17 of the administrative code of the city of New York.

§ 15. This local law shall take effect one hundred twenty days after it shall have become a law, except that subdivisions (a) and (b) of section 17-506 of the administrative code of the city of New York, as amended by section six of this local law, shall take effect one hundred eighty days after this local law takes effect, provided however, that the commissioner shall take such actions, including the promulgation of rules, as are necessary for timely implementation of this local law.