New York Includes E-Cigarettes in Smoking Ban

e-cigarettes banOn October 23, 2017, New York Governor Andrew Cuomo signed S.B. 2543 adding e-cigarettes to the Clean Indoor Air Act.  The law, which became effective November 22, 2017, bans e-cigarettes in public areas where smoking is prohibited. Some of the areas where smoking is prohibited include:

  • places of employment,
  • bars,
  • enclosed indoor areas open to the public containing a swimming pool,
  • ticketing, boarding and waiting areas in public transportation terminals,
  • all public and private colleges, universities and other educational and vocational institutions, including dormitories, residence halls, and other residential facilities that are owned or operated by such colleges, universities and other educational and vocational institutions, and
  • general hospitals and residential health care facilities.

Additionally, e-cigarettes will not be permitted within 100 feet of entrances, exits or outdoor areas of any public or private elementary or secondary schools, after school programs, or within 15 feet of general hospitals or residential health care facilities. The goal of the new law is to reduce the exposure to potentially dangerous chemicals for e-cigarette users and those around them.

Smoking, however, is permitted in the following areas:

  • hotel or motel rooms rented to one or more guests,
  • retail tobacco businesses,
  • membership associations where all duties related to the operation of the association are performed by volunteers who are not compensated in any manner,
  • cigar bars in existence prior to January 1, 2003, and
  • up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated smoking areas.

All businesses and public places must update their No Smoking Posters or Smoking is Permitted Posters to include “Vaping” or the “No Vaping” sign. CPC is in the process of updating the posters. To pre-order your copy, call our Compliance Advisors at 800.817.7678.


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