Vaping FAQs

is vaping illegal in nyc

by Javonte Feeney Published 2 years ago Updated 1 year ago
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NYC laws include all e-cigarettes, regardless of nicotine content. NYC laws prohibit: The use of e-cigarettes in all places where smoking is prohibited, including residential common areas, restaurants, sports arenas and workplaces. The sale of e-cigarettes to anyone younger than 21.

Full Answer

Where are e-cigarettes and vaping banned in New York?

E-cigarettes and vaping are being banned in indoor public areas in New York, after Gov. Andrew Cuomo signed a bill into law that will place the same restrictions on new and old nicotine delivery systems.

What is the penalty for selling vape products in New York?

The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product. Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date.

What is the legal vaping age in New York?

The legal vaping age in New York is 21 years old. If you are younger than 21 it is strictly prohibited to vape in the state of New York. Vaping was very popular and received insane attention in 2019 and as a result, the state began enacting legislation against Vaping to reduce the harm done to teenagers.

Is it legal to sell liquid nicotine in New York?

The sale of tobacco products & liquid nicotine to people under the age of 21 years old prohibited. 1 New York’s Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited. 2 Effective July 1, 2020:

What are the laws in NYC regarding e-cigarettes?

How old do you have to be to sell e-cigarettes?

How to report lung injury from e-cigarette?

How to get help with a quit coach in New York?

How to get a starter kit for smoking in New York?

How to file a complaint against a tobacco company?

How many high school students use e-cigarettes?

See 4 more

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Are vapes illegal in NYC?

NYC has a law that restricts the sale of flavored tobacco and vaping products (also known as e-cigarettes). According to this law, retailers may only sell tobacco products that are unflavored or are tobacco, menthol, mint or wintergreen flavored.

Can you vape on the streets of New York?

Public Spaces Covered by the Smoking Ban Smoking and vaping is prohibited in the following areas: All New York City parks except median strips. Beaches and boardwalks. Public golf courses.

Where can I vape in NYC?

Best Vape Shops to Check Out in NYCSmoke Zone.Cloud 99 Vapes.City Vape NYC.Cigarillos.Master Piece Smoke Shop.Brooklyn Vape.Smoke Shop & Convenience Store.Kings of Smoke.More items...

Why is vape banned in NY?

They're all illegal. New York first outlawed flavored vapes in 2019 in response to a teen vaping epidemic fueled by candy-flavored nicotine smoke. Kids come for the sour apple and cotton candy; they stay because they get addicted to the nicotine.

Is vaping allowed in Central Park?

Smoking is not permitted in Central Park, including electronic cigarettes. See all smoking rules from NYC Parks.

Can you smoke on the sidewalk in NYC?

Fortunately, you can still smoke in private vehicles, on sidewalks (as long as you're not within 15 feet of a facility that provides health care), at retail tobacco stores, tobacco bars, and in designated smoking hotel rooms.

Can you vape in a bar in NYC?

The SFAA also prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets. Serving, smoking or vaping any product containing tobacco or cannabis is prohibited inside New York City restaurants and bars.

Can you vape indoors in New York?

The Act prohibits smoking and vaping in almost all public and private indoor workplaces, including restaurants and bars, to protect workers and the public from exposure to harmful secondhand tobacco smoke and vaping aerosols.

Is vaping considered smoking?

Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.

Are Vapes worse than cigarettes?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

How old do you have to be to vape in New York?

21Article 13-F Section 1399-CC of the NYS Public Health Law prohibited the sale of tobacco and vapor products and smoking paraphernalia to people under the age of 21.

What is the law on vaping?

You must be 18 or over to buy e-cigarettes or e-liquids in the UK. It is also illegal for vape adverts to include models who appear to be under the age of 25. These measures are in place to prevent children from taking up vaping.

Can you vape in a bar in New York?

The SFAA also prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets. Serving, smoking or vaping any product containing tobacco or cannabis is prohibited inside New York City restaurants and bars.

Can you vape in bars in NY?

Smoking and vaping are allowed in restaurants, bars, hotel and motel conference rooms, catering halls, convention halls and other similar establishments ONLY when the enclosed areas are being used for the sole purpose of inviting the public to sample tobacco products or electronic cigarettes and serving food and drink ...

Is vaping allowed on public transport?

It is up to premises owners to determine their own policy on vaping and to decide whether they will allow it or not. Therefore, before vaping in any space, check the vaping policy. In most cases, vaping is not allowed on public transport.

What is the law on vaping?

You must be 18 or over to buy e-cigarettes or e-liquids in the UK. It is also illegal for vape adverts to include models who appear to be under the age of 25. These measures are in place to prevent children from taking up vaping.

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Tobacco and E-cigarette Retailers - NYC Health - New York City

The City Tobacco Product Regulation Act (PDF) and State Adolescent Tobacco Use Prevention Act (PDF) include many other restrictions related to the sale of tobacco products:. Retailers may not sell cigarettes, other tobacco products and e-cigarettes to people under the age of 21. Employees younger than 18 years old cannot sell, dispense or handle tobacco products without direct supervision

E-Cigarette Regulations - New York | Public Health Law Center

A snapshot of New York state e-cigarette regulations, as of June 15, 2022. This page is updated quarterly by the Public Health Law Center.

How old do you have to be to vape in New York?

You can’t purchase a vape of any kind in New York if you’re under the age of 21.

Is it illegal to vape in New York?

Is it illegal to vape in NY? It is not illegal to vape in New York. However, there may be bans on public vaping that can come from local places like restaurants and bars.

Can vapes cause e-liquid to spill?

Furthermore, repeated use of a disposable vape can leak and spill e-liquids into your clothes and hair without you noticing it resulting in an entire day full of chemical exposure.

What is the limit for vapor in New York?

2 Effective July 1, 2020: A person other than a common or contract carrier can still transport vapor products, but there is now a limit of 500 milliliters or 3 grams of nicotine. 4. Coupons or “price reduction instruments” ...

When will the ban on vaping go into effect?

New York City Mayor, Bill de Blasio, officially signed into law a ban on the sale of all flavored vapor products. The ban goes into effect on July 1, 2020 , and includes flavored e-liquids in wintergreen, mint and menthol flavors. The city of Yonkers and Nassau County also prohibit the sale of all flavored vaping products, ...

How far away from a school can you smoke?

Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1500ft of a school (500ft for New York City). 4

How much is the state tax on snuff?

Smoke-free tobacco products are subject to a state excise tax of 75% of the wholesale price. The tax on Snuff per ounce is $2.00. 3. Effective December 1, 2019, a 20% supplemental sales tax applies to retail sales of vapor products in the state. Sources.

What is the age limit for smoking vapor?

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. New York state law already prohibits sales to persons under ...

What age can you buy e-liquid in New York?

New York state law already prohibits sales to persons under the age of 21 years old. Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Is e-liquid banned in New York?

Online sales of e-liquids are banned (vapor products are folded into the same provision that bans shipment of cigarettes to consumers). This does not include components or devices. The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product.

What was the smoking rate in New York in 2000?

While New York's high school student cigarette smoking rate dropped from 27.1% in 2000 to a record low of 4.3% in 2016, aggressive marketing strategies promoting flavored e-cigarettes are primed to reverse that trend.

What is Cuomo's plan for preventing e-cigarettes?

The Enacted Budget prohibits the sale or distribution of e-cigarettes or nicotine vapor products that have a characterizing flavor unless approved as part of an FDA pre-market approval; prohibits the sale of tobacco products, including e-cigarettes, in all pharmacies; restricts the delivery of nicotine vapor products only to NYS-licensed vapor products dealer; restricts the public display of tobacco and nicotine vapor products near schools; requires manufacturers of nicotine vapor products to disclose to the DOH Commissioner and the public, information regarding the ingredients, by-products, or contaminants in vapor products, whether intentional or unintentionally added; allows the DOH Commissioner to ban certain carrier oils if they are determined to be harmful; bans coupons and manufacturer discounts and displays in shops; and increases penalties for illegally selling tobacco products to minors.

What is Cuomo's tobacco policy?

ALBANY, N.Y. (May 18, 2020) - The New York State Department of Health today announced that two signature pieces of Governor Andrew M. Cuomo's Comprehensive Tobacco Control Policy take effect today. The first law prohibits the sale of flavored nicotine vapor products, and the second bans the sale of all tobacco and nicotine vapor products in ...

How many high school students use e-cigarettes?

According to Department of Health data, nearly 40 percent of 12th grade students and 27 percent of high school students in New York State are now using e-cigarettes, and this increase is largely driven by flavored e-liquids. High school use in 2018 (27.4%) is 160 percent higher than it was in 2014 (10.5%).

Is nicotine vapor FDA approved?

The law does not include flavorless and tobacco flavored nicotine vapor products, as well as nicotine vapor products that are approved by the FDA, which has currently approved non e.

Which states have banned vaping?

New York joins a growing list of states that have banned vaping in indoor public spaces such as bars and restaurants, in much the same way they restrict smoking. Others on the list include California; Connecticut; New Jersey; and Utah.

Is e-cigarette legal in New York?

The state of New York is putting e-cigarettes into the same category as regular tobacco cigarettes, under new restrictions signed into law this week . Here, a man uses a vape device in London last summer, next to a No Smoking sign.

Is vaping a problem?

Vaping has caused a dilemma for some lawmakers and health policy experts. As NPR's Alison Kodjak has reported, " Some have welcomed the devices as an alternative to traditional cigarettes, whose dangers are well-known, and as an aid to help smokers quit....

Can e-cigarettes harm the lungs?

As the Shots blog has reported, "Nicotine, heavy metals and tiny particles that can harm the lungs have been found in secondhand e-cigarette aerosol, according to the Surgeon General .".

Can you use e-cigarettes in hotel rooms?

The blanket restriction will not apply to people who want to use e-cigarettes in private homes, in hotel rooms, or at retail tobacco outlets. The potential dangers of vaping have become a topic of debate and concern in recent years, even as e-cigarettes have gained in popularity.

Can e-cigarettes cause long term health problems?

Citing the lack of broad regulations on what chemicals e-cigarettes can contain and how much nicotine they deliver, the governor's office says, "These factors could lead to long-term adverse health effects for e-cigarette users and bystanders.".

Is there a truth to the story about vaping?

As the Snopes website notes, there is no truth to a story from last August that purported that 11 states were planning to ban vaping in vehicles. vaping. e-cigarettes. smoking.

What is vaping in a cigarette?

Vaping means “the use of an electronic cigarette.”. Vapor product means “any non-combustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured in to a finished product for use in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaping pen, hookah pen, or other similar device…”.

What smoke-free restrictions exist for e-cigarette use?

E-cigarette use prohibited where smoking is prohibited, including, but not limited to indoor areas such as workplaces, restaurants, mass transit, hospitals, schools and dorms, and outdoor areas, such as railroad stations, hospital, library and school grounds (with some exceptions) N.Y. Pub. Health Law §§ 1399-n (9) (definition of vaping); 1399-o; 1399-q (exceptions) (2021); most playgrounds (with certain restrictions) N.Y. Pub. Health Law § 1399-o-1 (1) (2021); and in child care vehicles when transporting children. N.Y. Comp. Codes R. & Regs. tit. 18, § 415.13 (b) (5) (ix) (2021)

How old do you have to be to sell e-cigarettes?

Sale/distribution of e-cigarettes, vapor products or liquid nicotine to persons under age 21 prohibited. Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and locations restricted to persons at least 21 years of age.

What is liquid nicotine?

Liquid nicotine (or electronic liquid or e-liquid) means “a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette. ”. N.Y. Pub. Health Law § 1399-cc (1) (e) (2021) Vaping means “the use of an electronic cigarette.”. N.Y. Pub. Health Law § 1399-n (9) (2021)

What is vapor product?

Vapor products means “any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombusti ble liquid or gel.”. Liquid nicotine (or electronic liquid or e-liquid) means “a liquid composed ...

What does "e-cigarette" mean?

How does the state define an e-cigarette? 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 .”. Vapor products means “any noncombustible liquid or gel, regardless of the presence ...

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

What age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

How old do you have to be to get a coupon?

Must be 18 years old, including redeeming a coupon for the product ( Sections 161.082 and 161.087 ), unless with a parent, guardian, or spouse ( Section 161.252)

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

What are the laws in NYC regarding e-cigarettes?

NYC laws include all e-cigarettes, regardless of nicotine content. NYC laws prohibit: The use of e-cigarettes in all places where smoking is prohibited, including residential common areas , restaurants, sports arenas and workplaces. The sale of e-cigarettes to anyone younger than 21.

How old do you have to be to sell e-cigarettes?

The sale of e-cigarettes to anyone younger than 21. You can file an underage sales complaint online or by calling 311.

How to report lung injury from e-cigarette?

Health care providers should report possible cases of lung injury associated with e-cigarette use to the NYC Poison Control Center by calling 212-POISONS (212-764-7667).

How to get help with a quit coach in New York?

Visit the New York State Smokers' Quitline, or call 866-NY-QUITS (866-697-8487), to talk to a quit coach for support. Adults can also apply for a free starter kit of nicotine medications.

How to get a starter kit for smoking in New York?

Visit the New York State Smokers' Quitline, or call 866-NY-QUITS (866-697-8487), to apply for a free starter kit of nicotine medications and to talk to a quit coach.

How to file a complaint against a tobacco company?

You can file a tobacco product sales complaint online or by calling 311 for flavored products or unlicensed retailers.

How many high school students use e-cigarettes?

In 2019, more than one in six (15.2%) New York City high school students reported using e-cigarettes. Nearly five times as many high school students use e-cigarettes than smoke cigarettes. Further, in 2018, one in 15 (6.7%) middle school students reported using e-cigarettes.

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