The New York vaping ban covers the same places as the state’s restrictions on public smoking of traditional cigarettes. This includes bars, restaurants, and workplaces, among others. The new restrictions take effect right before Thanksgiving, on November 22, 2017.
Is it legal to vape in New York?
Yes, it is legal to vape in New York if one is over the age of 21. However, if you are under 21 it is illegal to consume/purchase e-cigarette related merchandise. 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.
What is the law on vaping in restaurants?
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.
Can You vape in the workplace?
Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law.
Are businesses required to ban smoking and vaping indoors?
Yes. Unless specified otherwise in the Act, all businesses, establishments and organizations with employees must prohibit indoor smoking and vaping as set forth in the Act. Where are smoking and vaping permitted? Smoking and vaping are permitted in the following areas or businesses: Private homes and residences when not used for day care;
How old do you have to be to vape in New York?
Is it illegal to vape in New York?
Can vapes cause e-liquid to spill?
Are you allowed to vape in an office?
Most workplaces will have a designated smoking area outside the building where it will be safe to vape. If you would prefer to avoid cigarette smoke, you can vape elsewhere. Find a place that looks appealing and is out in the open air, and start vaping.
Is vaping legal indoors 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 ...
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.
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 vaping not allowed indoors?
Similarly, when vaping happens inside, aerosol containing nicotine settles on surfaces and leaves behind a toxic residue much like tobacco products. Banning all use of electronic nicotine products, including e-cigarettes or “vapes”, inside the home prevents the build-up of toxic aerosol residue.
Why are vapes banned in New York?
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.
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 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.
Can you smoke indoors in New York?
The New York City Smoke Free Air Act (SFAA) prohibits smoking and e-cigarette use in the common areas of residential buildings with three or more units. Common areas include hallways, stairwells, laundry rooms and lobbies. Smoking includes the use of cigarettes, cigars and water pipes (hookah).
Where is it legal to smoke indoors?
Smoking is permitted in a private residence, although not in areas used as a shared work-space. In flats with communal entrances or shared corridors, these must be smoke-free.
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.
Can you smoke indoors?
No matter what you do, if you smoke indoors, the harmful chemicals from your second-hand smoke will hang around for hours doing real harm to your kids and increasing their risk of illness. Don't let anyone smoke indoors, ask them to go outside, and tell them you're keeping your home smoke-free for your kids.
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How far away from a restaurant can you smoke?
Up to 25 percent of seating in outdoor areas of restaurants with no roof or ceiling enclosure, provided that the area is at least three feet away from the outdoor area not designated for smoking and vaping and is clearly designated with signage as a smoking and vaping area.
What is retail tobacco business?
Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
Can you smoke in a hotel?
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 are incidental to such purpose. A business establishment may schedule no more than two days in a calendar year for these events.
Does a hotel have to have a smoking policy?
The owner, operator, or manager of a hotel or motel that chooses to develop and implement a smoking and vaping policy for rooms rented to guests must post a notice at the reception area as to the availability, upon request, of rooms in which no smoking and vaping are allowed.
Does New York regulate vaping?
As an employer, did you know that New York regulates smoking, vaping (i.e., the use of an electronic cigarette), and the use of tobacco? New York’s smoking and vaping laws in the workplace are as follows:
Can you smoke in a restaurant?
Employers are required to prohibit smoking and vaping in virtually all indoor places of employment, including restaurants and bars. Smoking and vaping generally may be permitted in the following areas and businesses:
How to know if it's ok to vape inside?
The only way to know if it is ok to vape inside is to ask at the establishment before vaping. It may also help to check the website of the location as they may have some rules posted.
Is vaping a grey area?
Since vaping and e-cigarettes are relatively new, vaping rules and regulations usually fall into a grey area.
Is vaping legal in New York?
Vaping indoors is to be banned in New York – so vapers will face the same rules as smokers https://t.co/ibQQKhcZtr
Is vaping the same as smoking?
Vaping is in a sort of a grey area when it comes to regulating it as a smoking product. The way things are headed is that it is treated the same as cigarette smoking even though the consensus is that the clouds of vapor are not nearly as bad as second-hand smoke.
Is there a vaping policy for double chocolate fudge?
If there is no specific vaping at work policy, it is best to ask for clarification on what to expect as a vaper in that particular workplace.
Can you vape at work?
The one general rule of thumb when it comes to vaping at work, or anywhere really, is to ask what the guidelines are. Some workplaces may have a designated area set aside just for vapers. Some may only allow vaping to take place in a smoker’s area either outside or an appointed smoker lounge inside. It may be the case, however doubtful, that vaping ...
Can you smoke in the workplace?
Yes, smoking entirely can be prohibited in the workplace and would be very tough to challenge that law or workplace rule if it is in an area where vaping is regulated the same way as smoking. Especially if employers offer a space where smokers can go. In a city where vaping is treated the same as smoking, vapers will likely be forced to follow ...
Where is vaping banned?
School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.
What states have vaping laws?
Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...
What is the act of inhaling an aerosol, or vapor, that’s produced by an electronic?
You may not know precisely what it means, but more than likely you’ve at least heard of the term “vaping.”. Vaping is the act of inhaling an aerosol, or vapor, that’s produced by an electronic cigarette ("e-cigarette").
What is the definition of smoking in California?
At the same time, Section 22950.5 of California’s Business and Professions Code defines “smoking” to include “an electronic smoking device that creates an aerosol or vapor, in any manner or any other form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.”.
What are the rules of vaping?
While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.
Is vaping legal at work?
Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...
Can an employer ban vaping?
If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.
Where are smoking and vaping permitted?
Smoking and vaping are permitted in the following areas or businesses:
Where is smoking prohibited?
The Clean Indoor Air Act prohibits smoking and vaping in the following indoor areas:
Does the Act apply to private offices?
Yes. The Act prohibits smoking and vaping in all private offices and anywhere in the building.
Can businesses choose not to comply with the Act?
No. If a business fails to comply with the Act, an employee or member of the public may contact the local health department or district health office to file a complaint.
Is it true that vaping aerosol is harmless?
No, vaping aerosol is not harmless. 5 The emissions created by e-cigarettes can contain ingredients that are harmful and potentially harmful to the public's health, including nicotine, ultrafine particles, flavorings (such as diacetyl, a chemical linked to serious lung disease), volatile organic compounds (such as benzene, which is found in car exhaust) and heavy metals (such as nickel, tin and lead). 5
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.
What states have e-cigarette laws?
Connecticut. As of July 6, 2015, Connecticut law (Public Act No. 15-206) regulates the use of e-cigarettes in public places. Areas that are prohibited include: restaurants, state buildings, healthcare facilities, school campuses and buildings, and child care facilities.
Is the FDA regulating e-cigarettes?
Though the FDA has standardized rules for e-cigarettes sales, the specific usage of them is regulated at the state level. The Public Health Law Center has gathered together every state’s regulation for e-cigarettes (as of June 15, 2016), which includes the specific state code / law reference.
Does Michigan have a smoking ban?
Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state . The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products. ‘No smoking’ laws do prohibit smoking in public places, but these do not cover electronic cigarette use. It is assumed that ‘no smoking’ signage does not apply to e-cigarettes. We found no explicit mention of ‘no vaping’ signage and whether they prohibit the use of e-cigarettes.
Is there a law that prohibits smoking in public?
There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. ‘No vaping’ signage is not mentioned in any of the state laws and it is assumed that ‘no smoking’ signs do not apply to vaping. Click template to edit. Click template to edit.
Is Louisiana a smoke free state?
The Louisiana Smokefree Air Act (Jan. 2007) outlines the current smoking regulations in the state. Smoking is prohibited in outdoor public places, public buildings, and businesses. There are no current state regulations that prevent the use of electronic cigarettes in public places. Local ordinances may differ from those of state law. All Louisiana restaurants and workplaces are smoke-free. Though not adopted under the smoke-free law, e-cigarettes may be prohibited by certain workplaces. To our knowledge, no vaping signage is not mentioned in state law. More information on the Louisiana smoke-free laws can be found on the Tobacco Free Louisiana website.
Is there a smoking law in Kentucky?
Kentucky has limited smoke-free laws, which are found in the Kentucky Clean Indoor Air Act (1994). There are currently no regulations on vaping within the public places. It is assumed that ‘no smoking’ signage does not apply to e-cigarette use. Nor could we find any specific no vaping or no e-cigarettes signs or signage laws. There is currently a push to enact a smoke-free law that would protect workers.
Is smoking legal in Florida?
Smoking regulations are found in the Florida Clean Indoor Air Act (2003). Smoking is prohibited in enclosed indoor workplaces (unless otherwise stated within the law). The law explains that signage is required to designate that smoking is prohibited in enclosed workplaces. The state does not currently have any laws that prohibit the use of electronic cigarettes in public places. It is assumed that no smoking laws or signage do not apply to e-cigarettes.
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) ).
Which states have banned vaping?
Some states—such as Alaska, California, Delaware, Hawaii, Maine, Massachusetts, New Jersey, New York, North Dakota, Rhode Island, Utah and Vermont, as well as Washington, D.C.—broadly prohibit vaping in places where smoking is banned. Other states ban vaping in specific places such as child care facilities, state government buildings, schools and enclosed workspaces.
What is an electronic cigarette?
Electronic cigarettes (which are also called e-cigarettes, e-cigs, vaporizers and electronic nicotine delivery systems) are battery-operated devices that sometimes look like a traditional cigarette, a pen or a USB flash drive but can take on a variety of other forms . Users puff them to inhale an aerosol that usually contains nicotine, flavorings and other chemicals—though not all e-cigarettes contain nicotine. Use of these devices is commonly called vaping.
Is vaping harmful to pregnant women?
The CDC does say that vaping can be harmful to children, pregnant women and adults who have never used nicotine products.
Can employers have vaping?
Depending on their location, employers may have the discretion to treat vaping as they want , said Jay Hux, an attorney with Fisher Phillips in Chicago. But employers should consider state and local regulations when developing a policy.
Should employers evaluate their smoking policies?
Employers should evaluate their smoking policies to ensure clarity about the scope of the products covered and what areas of the worksite are covered by any smoking ban, Betts said. Consider whether employees can bring e-cigarettes into certain areas, or if they are completely banned from the property.
Is it illegal to smoke an e-cigarette in the workplace?
Some local municipalities also have enacted bans on e-cigarettes in enclosed workplaces . As a result, in some jurisdictions, allowing e-cigarette use in the workplace would be unlawful, Betts noted.
Is vaping good for quitting smoking?
The U.S. Food and Drug Administration has not approved e-cigarettes as a smoking-cessation product.
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.
