Vaping FAQs

is vaping legal in new york city

by Jaiden Barton DVM Published 1 year ago Updated 1 year ago
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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. Vaping Age In New York What is the legal vaping age in New York? The legal vaping age in New York is 21 years old.

Laws about E-cigarettes
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. You can file an underage sales complaint online or by calling 311.

Full Answer

Is vaping banned in New York?

No, you can not vape indoors in New York. New York’s Clean Indoor Air Act has been amended to prohibit vaping where smoking is illegal. This law specifically says that in any place that smoking is prohibited, vaping is too.

What are some smoking laws in New York City?

New York City law prohibits smoking and using e-cigarettes of any kind in indoor common areas, including but not limited to, lobbies, hallways, stairwells, mailrooms, storage areas, garages and laundry rooms in any building with three or more residential units. NYC Admin. Code, § 17-505. Policy on Smoking:

What are the drinking laws in New York?

New York alcohol laws permit drinking by those under 21 if provided by a parent. Many parents let their offspring drink at home to demystefy it and promote moderation. It is illegal for those under 21, even adults 18, 19, 1nd 20, to buy alcohol. It’s also illegal for them to attemp to buy alcohol, even if not successful.

What is the legal smoking age in New York?

New York will raise its smoking age from 18 to 21 under a legislation signed into law Tuesday by the state's governor. The change, which takes effect in 120 days, will apply to the sales of traditional tobacco products as well as electronic cigarettes and vaporizers.

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?

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E-Cig State Laws in 2022 - License to Vape

It’s important to have the latest information on all laws that affect vaping. We’ve compiled the latest laws in all 50 states for you. Just check out the

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.

Can you ship vape products to New York? - The Planet Vape

Asked By: Nathan Peterson Date: created: Oct 17 2021Is vaping banned in New YorkAnswered By: Jayden Roberts Date: created: Oct 17 2021 New York City Council's Local Law 228 of 2019 prohibits the sale of flavored electronic cigarettes (e-cigarettes) and flavored e-liquids of any size or shape. … In April 2020, the New York State... Read more »

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…”.

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 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)

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 ...

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 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.

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:

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 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 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.

Is vaping legal in Nassau County?

The city of Yonkers and Nassau County also prohibit the sale of all flavored vaping products, except those that are tobacco, mint or menthol flavored. Effective May 18, 2020: Sales of vapor products in flavors other than tobacco are prohibited statewide.

What is the Smoke Free Air Act?

Smoke Free Air Act. The Smoke Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes in most workplaces and public spaces. This includes areas near hospital entrances, in parks, beaches and pedestrian plazas. The SFAA also prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets.

Can you smoke in an indoor workplace?

In most cases, the policy should prohibit smoking and e-cigarette use in indoor workplace spaces. Regulation of smoking, and use of electronic cigarettes, in places of employment. All hookah-serving establishments are required to have a permit. No new permit applications are currently being accepted.

Do you need a tobacco registration to smoke e-cigarettes?

To allow the use of tobacco products or e-cigarettes on the premises, you must have a Tobacco Retail Store Registration or an Electronic Cigarette Retail Store Registration. Food service establishments may not permit smoking of tobacco products or the use of e-cigarettes on site.

Is smoking banned in residential buildings?

Under the SFAA smoking and use of e-cigarettes is banned in all indoor common areas of residential buildings with three or more units. Residential buildings with three or more units are required to create a policy on smoking and share it with tenants and prospective tenants. Learn more about smoke-free housing, ...

Do businesses have to have a smoking policy?

Business Owners and Employers. Business owners and employers are required to create a written smoking and electronic cigarette use policy. It should be posted for all employees and shared with new hires. In most cases, the policy should prohibit smoking and e-cigarette use in indoor workplace spaces.

Does New York have a clean air act?

New York State Clean Indoor Air Act. The New York State Clean Indoor Air Act ( CIAA) prohibits smoking and the use of e-cigarettes in certain public areas and covers New York State (including New York City). In addition to the SFAA restrictions, the CIAA prohibits smoking and the use of e-cigarettes: Within 100 feet of entrances, exits ...

Is New York City smoke free?

Smoke-Free Air Act Exemptions. The SFAA makes virtually all workplaces in New York City smoke-free, with the following exemptions: Tobacco Event Registration. Existing registered membership organizations are exempt from the SFAA and are eligible to renew their registration.

1. Times Square

Times Square is filled with blatant displays of American consumer culture. Amidst flashy ads, giant television screens all around you, honking cabs, and screeching tires, Times Square will remind you of everything that makes New York amazing. Despite the noises and yelling New Yorkers, you'll still be taken in by the energy around you.

2. Central Park

New York City's Central Park is one of the city's must-see attractions. While vaping is prohibited in most parts of the park, you may still get a safe spot to vape if you search well enough, like perhaps the Ramble in Central Park.

3. Brooklyn Bridge

A marvel of design and engineering, the Brooklyn Bridge is situated on the East River. In addition to being the first bridge over the East River, it was the world's longest bridge at the time of its construction. You'll feel touristy vaping here since it attracts tens of thousands of visitors every year.

4. Statue of Liberty

Presented to the United States by France for the 100th anniversary of the American Revolution, Lady Liberty enlightened its era. Vaping while standing on Liberty Island and watching the sleek silhouette of America's symbol of freedom will switch up your vape experience. Traveling to experience this is well worth it.

6. Williamsburg Bridge

Like the Brooklyn Bridge, the Williamsburg Bridge also provides a stretch where you can vape while taking a stroll. You can also find pretty good spots along the East River in Williamsburg if you want another one later.

About the Author

Crystal Willson is a full-time content marketing specialist. She has been closely monitoring the CBD industry trends for quite some time. She has worked in various domains before the CBD industry. On her off days, she likes spending her time with her family, lifting weights, and reading novels.

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.

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