Vaping FAQs

is vaping legal in ny state

by Jamar Johns Sr. Published 1 year ago Updated 1 year ago
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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.

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.

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Is vaping illegal in New York State?

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.

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.

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.

When can you buy vapes in New York?

21 years of ageRetailers cannot sell cigarettes, cigars, chewing tobacco, powdered tobacco, shisha or other tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers, or smoking paraphernalia to people under 21 years of age.

Is it legal to vape indoors?

Vaping in pubs is not illegal; there are no specific laws or restrictions on vaping indoors.

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...

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.

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.

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.

Is flavored vape illegal?

In 2020, New Jersey, New York and Rhode Island enacted bans on the sale of flavored e-cigarettes and California became the second state to prohibit the sale of both flavored e-cigarettes and menthol cigarettes. Two additional states—Maryland and Utah—restrict the sale of some flavored e-cigarettes.

How much does a vaping starter kit cost?

An affordable vape pen, replacement coils and juice may cost you as little as $50 for the first month, while a full-featured box mod paired with an MTL tank, coils, and juice, may go up to $120. After that, you should expect an average of $30-60 per month for coils and juice.

Are Vapes age restricted?

Restrictions and penalties Selling nicotine inhaling products, cartridges containing nicotine or e-liquid containing nicotine to persons under the age of 18 is against the law. There are harsh penalties for companies that break these laws, including: A criminal record for the person who sold to the under-18.

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.

Is vaping allowed in Central Park?

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

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 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.

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 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 ...

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 electronic vapes use e-liquid?

Other electronic vaping products that that use e-liquids include e-cigars, e-pipes and hookah pens (e-hookah).

What is an electronic cigarette?

All summaries. Electronic cigarettes and similar vapor products are tobacco products. 1 Most contain a battery that heats a flavored liquid, usually containing nicotine, into an aerosol users inhale. The liquid is often called e-liquid or e-juice. E-liquids usually contain nicotine and flavorings in a base of propylene glycol (PG) ...

Who Is Using E-cigarettes and Why?

1,2 High school students use e-cigarettes at rates five times higher than adults over age 25. 3,4 Youth and young adults say their reasons for trying and using e-cigarettes are flavor and taste, curiosity and the belief that they are less harmful than other tobacco products. 1

What do youth use more than cigarettes?

Youth use e-cigarettes more than cigarettes, cigars, smokeless tobacco and hookah. 3

Does vape have vitamin E?

Laboratory test results show very high levels of vitamin E acetate in nearly all cannabis-containing samples analyzed by New York State’s Wadsworth Laboratory as part of this investigation. At least one vitamin E acetate containing vape product has been linked to nearly every patient that has submitted a product for testing.

Is nicotine a VG?

E-liquids usually contain nicotine and flavorings in a base of propylene glycol (PG) and vegetable glycerin (VG). Nicotine is highly addictive and harms brain development. Some flavorings, such as diacetyl, can cause serious disease.

Is e-cigarettes regulated by the FDA?

The U.S. Food and Drug Administration (FDA) regulates tobacco products, including e-cigarettes. Currently, e-cigarettes are not as strictly regulated as cigarettes. Except for menthol, the FDA does not allow cigarettes to contain flavored tobacco. This is not the case for e-cigarettes.

What is the law on vaping in New York?

Public Health Law Article 17 requires manufacturers of vapor products distributed, sold, or offered for sale in NYS, both retail or wholesale, to disclose the ingredients of vapor products, toxic metals in heating elements, and byproducts of the aerosol produced by the normal use of vaping products to the State Health Commissioner for public record and post these on their websites.

What is the law that regulates vaping?

Public Health Law 13-F , known as the Adolescent Tobacco Use Prevention Act (ATUPA), regulates the sale of tobacco and vaping products to restrict their access by youth and young adults. ATUPA violations can result in civil penalities or retailer registration suspension or revocation. Recent amendments:

What is the New York State Tobacco Control Program?

The New York State Tobacco Control Program works to create local environments open to policy, systems, and environmental changes that prevent tobacco and e-cigarette access by youth and eliminate exposure to toxic secondhand smoke and vaping aerosol. In addition to these state laws, many organizations, businesses, municipalities, and counties have adopted binding or nonbinding policies and resolutions that prohibit smoking and e-cigarette use. These policies include prohibiting smoking and e-cigarette use in multiunit housing; banning smoking, tobacco use, and e-cigarette use in additional outdoor spaces; restricting the number and location of stores that sell tobacco and e-cigarettes; prohibiting the acceptance of tobacco company funds or services; and working to reduce the impact of adolescent exposure to smoking in movies and on the internet.

How long does a vapor license last in New York?

Registration certificates are valid for one year and must be displayed. The law gives the State Health Department enforcement oversight to ensure compliance with all tobacco and e-cigarette laws, including adhering to the minimum legal sale age, display of approved signage, restricting the sale of flavored vaping products other than tobacco-flavored, and storing tobacco and vapor products out of consumers' reach. See New York State Tax Law, Article 28-C to learn more.

What is the NYS tobacco policy?

The state's strong and effective laws and regulations protect youth from deadly nicotine addiction by reducing access to tobacco and vaping products , protect New Yorkers from exposure to dangerous secondhand cigarette smoke and e-cigarette aerosol, ...

What is the age limit for smoking in New York?

Article 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 new law that increases the penalties for selling tobacco products?

Increase Retailer Penalties for Tobacco Sales Violations. As of July 2020, an amendment to Public Health Law Article 13-F Section 1399-EE increases the penalties for illegally selling tobacco and vaping products to underage purchasers and other ATUPA violations.

What cities have banned vaping?

Localities with vaping bans that include all bars and restaurants (7 total): Abbeville, banned in all enclosed workplaces, including bars and restaurants. Cheneyville, banned in all enclosed workplaces, including bars and restaurants. Hammond, banned in all enclosed workplaces, including bars and restaurants.

When was vaping banned in Madison?

Daphne, August 18, 2014 banned in enclosed facilities owned, operated or leased by the city, including vehicles; vaping can also be prohibited where there is an owner, operator, manager, or other person having control of a place meeting certain criteria. Madison, November 24, 2014, banned in all city buildings.

What is a pictogram for vaping?

A pictogram used to denote a vaping ban. The following is a list of vaping bans in the United States. For federal regulation concerning the legal status of the sale of electronic cigarettes products in and outside the United States, see the worldwide regulation of electronic cigarettes .

Which cities are banned in all enclosed workplaces?

Danville, banned in all enclosed workplaces, including bars and restaurants, as well as within ten feet of the entrance of any such place. Glasgow, banned in bars and restaurants, but not all other workplaces. Lexington, banned in all enclosed workplaces, including bars and restaurants.

Which cities are banned in bars and restaurants?

Lakewood, banned in all enclosed workplaces, including bars and restaurants. Littleton, banned in bars and restaurants, but not other workplaces. Louisville, banned in bars and restaurants, but not other workplaces.

Why are e-cigarettes banned?

This is because of their potential for non-users to be exposed to chemicals and e-cigarette aerosol in indoor areas.

Is vaping legal in Georgia?

No statewide vaping ban. Instead , vaping is prohibited only on all campuses of University System of Georgia, with limited exceptions for educational purposes and research . Municipalities may regulate vaping more stringently than the state. Roswell bans vaping in all city parks

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