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?

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)

 

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

N/A

 

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 18 prohibited.
N.Y. Pub. Health Law §§ 1399-cc(2)1399-bb(4)1399-bb(5) (2019)

Self-service displays of e-cigarettes or liquid nicotine prohibited except in tobacco businesses and adult-only locations.
N.Y. Pub. Health Law § 1399-cc(7) (2019)

Vending machine sales of e-cigarettes permitted in bars, private clubs, and tobacco businesses; in other businesses that have proportionally few employees under 18, 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)

 

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

No

 

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 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 March 15, 2019. Click to return to the map page.