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) (2019)

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) (2019)

Vaping means “the use of an electronic cigarette.”
N.Y. Pub. Health Law § 1399-n(9) (2019)

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) (2019) (effective December 1, 2019)

 

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 (2019) (effective December 1, 2019)

 

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) (2019)

 

What restrictions are in place for retail or youth access?

Sale/distribution of e-cigarettes or liquid nicotine to persons under age 21 prohibited.
N.Y. Pub. Health Law §§ 1399-cc(2); 1399-bb(4); 1399-bb(5) (2019) (increased MLSA effective November 13, 2019)

Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses andlocations restricted to persons at least 21 years of age.
N.Y. Pub. Health Law § 1399-cc(7) (2019) (increased MLSA effective November 13, 2019)

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 (2019) (effective November 13, 2019)

Possession, manufacture, distribution and sale of flavored (except menthol) electronic cigarettes and nicotine e-liquids prohibited.
N.Y. Comp. Codes R.& Regs. tit. 10, § 9-3.2 (effective September 17, 2019)

 

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

Yes.
N.Y. Tax § 1183 (2019) (certificate of registration) (effective December 1, 2019)

 

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) (2019); and most playgrounds (with certain restrictions) N.Y. Pub. Health Law § 1399-o-1(1) (2019)

E-cigarette use restricted similar to smoking on Niagara Frontier Transportation Authority property.
N.Y. Comp. Codes R. & Regs. tit. 21, § 1151.9 (2019)

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) (2019)

"Vaping" restricted similar to smoking on Syracuse Regional Airport property.
N.Y. Comp. Codes R. & Regs. tit. 21, § 176.3 (2019)

 

New York state e-cigarette regulation as of September 15, 2019.

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