E-Cigarette Regulations - New York

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

No

 

How does the state define an e-cigarette?

Retail Restrictions

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.”
N.Y. Pub. Health Law § 1399-aa(13) (2020)

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 noncombustible liquid or gel."
N.Y. Pub. Health Law § 1399-aa(17) (2020)

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) (2020)

Vaping means “the use of an electronic cigarette.”
N.Y. Pub. Health Law § 1399-n(9) (2020)

Tax

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…”
N.Y. Tax § 1180(a) (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

A tax of 20% of retail price is imposed on all vapor products.
N.Y. Tax § 1181 (2020)

 

What regulations are in place for e-cigarette packaging?

Liquid nicotine ("electronic liquid") must be sold in a child resistant bottle.
N.Y. Gen. Bus. Law § 399-gg(1) (2020)

Manufacturers (person or company that produces, prepares, or compounds a vapor product or e-cigarette) must publish detailed information about each product, including a list of ingredients, potential health effects of each, and byproducts that may be produced in the vapor during normal use.
N.Y. Public Health Law § 1701(1) (2020) (information required to be posted by January 1, 2021)

 

What restrictions are in place for retail or youth access?

Sale/distribution of e-cigarettes, vapor products or liquid nicotine to persons under age 21 prohibited.
N.Y. Pub. Health Law §§ 1399-cc(2); 1399-bb(4); 1399-bb(5) (2020)

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.
N.Y. Pub. Health Law § 1399-cc(7) (2020)

Vending machine sales of e-cigarettes permitted in bars, private clubs, and tobacco businesses; in other businesses that have proportionally few employees under 21, the products must not be accessible to the general public and must be visible to and under the direct control of person in charge.
N.Y. Pub. Health Law § 1399-dd (2020)

Sale of flavored vapor products intended to be used for the consumption of nicotine prohibited.
N.Y. Pub. Health Law § 1399-mm-1(2) (2020)

Sale by pharmacies of vapor products to be used for the consumption of nicotine prohibited.
N.Y. Pub. Health Law § 1399-mm-2(1) (2020)

Vapor product dealers prohibited from shipping vapor products intended to be used for the consumption of nicotine to unauthorized persons in the state.
N.Y. Pub. Health Law § 1399-ll(1-a) (2020)

Common or contract carriers prohibited from knowingly transporting vapor products intended to be used for the consumption of nicotine to any unauthorized person in the state.
N.Y. Pub. Health Law § 1399-ll(2) (2020)

Shipments of vapor products intended to be used in the consumption of nicotine must be clearly labeled as “vapor product” if shipped in something other than the manufacturer’s original container or wrapping.
N.Y. Pub. Health Law § 1399-ll(3) (2020)

Vapor product dealers prohibited from distributing vapor products intended to be used for the consumption of nicotine without charge and price reduction instruments for such products.
N.Y. Pub. Health Law § 1399-bb(1) (2020)

Retailers prohibited from engaging in discount sales (including, but not limited to, coupons, multipack discounts) of vapor products.
N.Y. Pub. Health Law § 1399-bb(1-a) (2020)

Advertisements for electronic cigarettes and vapor products intended to be used for the consumption of nicotine prohibited from display in store fronts, exterior windows and doors of stores within 1,500 feet of a school (except that in New York City, this provision applies to stores within 500 feet of a school).
N.Y. Pub. Health Law § 1399-dd(2) (2020); N.Y. Gen. Bus. Law § 396-aaa(2) (2020)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
N.Y. Tax § 1183 (2020) (certificate of registration)

 

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 work places, 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) (2020); most playgrounds (with certain restrictions) N.Y. Pub. Health Law § 1399-o-1(1) (2020); and in child care vehicles when transporting children. N.Y. Comp. Codes R. & Regs. tit. 18, § 415.13(b)(5)(ix) (2020)

E-cigarette use restricted similar to smoking on Niagara Frontier Transportation Authority property.
N.Y. Comp. Codes R. & Regs. tit. 21, § 1151.9 (2020)

E-cigarette use restricted similar to smoking on Rochester-Genesee Regional Transportation Authority property.
N.Y. Comp. Codes R. & Regs. tit. 21, § 4901.4(a)(10) (2020)

"Vaping" restricted similar to smoking on Syracuse Regional Airport property.
N.Y. Comp. Codes R. & Regs. tit. 21, § 176.3 (2020)

Use of electronic cigarettes restricted similar to smoking on property of Long Island Railroad Company, Metro-North Commuter Railroad, Staten Island Rapid Transit Authority.
N.Y. Comp. Codes R. & Regs. tit. 21, §§ 1097.5(o); 1085.5(o); 1040.5(o) (2020)

 

New York state e-cigarette regulations as of September 15, 2020.

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