Owners, managers or employees should remind them of the law and explain that they must go out to smoke or vape. If a customer refuses to comply with the law, use common sense. The purpose of the law is to protect others from the harmful effects of second-hand smoke. This snapshot of U.S. e-cigarette regulations was created by the Public Health Law Center. The information is based on an overview of current state laws regarding the regulation of e-cigarettes in the 50 states, Washington, DC and the U.S. territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands in the following areas: definition of “tobacco product”, taxation, Product packaging, minors` access/other retail restrictions, licensing and smoke-free air legislation. Some links lead to legislative websites because the laws are not yet codified or otherwise unavailable. Note that this is a summary of state laws. Cities, counties, and tribes may have implemented other e-cigarette measures.
In August 2016, a World Health Organization (WHO) report recommended banning e-cigarettes indoors or where smoking is prohibited. [1] This is because non-users may be exposed to e-cigarette chemicals and aerosols indoors. [2] Many local and state jurisdictions have recently begun enacting laws banning the use of e-cigarettes wherever smoking is prohibited, although some state laws with comprehensive smoke-free laws still allow vaping in bars and restaurants, while e-cigarettes are banned in other indoor spaces. [3] The only states that do not regulate indoor vaping at all, either by national territory or at the local level, are the states of Nebraska, Nevada and Tennessee. Yes. Smoking and vaping are permitted in restaurants, bars, hotel and motel conference rooms, dining rooms, convention halls and other similar facilities ONLY if the enclosed spaces are used solely for the purpose of inviting the public to taste tobacco products or e-cigarettes and serve food and beverages. A permanent establishment may not schedule more than two days in each calendar year for such events. Minimum Age: Indicates whether a minimum age is required by state or territory law before sellers can legally sell e-cigarettes to a person for personal consumption. A federal law passed on the 20th. December 2019 raised the legal age of sale for all tobacco products, including e-cigarettes, in the United States from 18 to 21.
This does not prevent states, territories, places or tribes from enforcing their own additional youth access laws or setting their own minimum legal age of sale above 21. The use of e-cigarettes and nicotine vending machines is prohibited in courthouses in the Sixth Judicial District and within 50 feet of entrances. Order No. 2015-008 PA/PI-CIR (2022) Secondhand smoke is a cause of sudden infant death syndrome (SIDS), causing nearly 50,000 deaths from heart disease, stroke, and lung cancer among non-smoking adults in the United States each year.3 The use of e-cigarettes is prohibited in all firefighter workplaces. Fla. Admin. Code Ann. r.
69A-62.024(6) (2022) Second-hand smoke is a mixture of smoke from the combustion of tobacco products such as cigarettes, cigars or pipes and smoke exhaled by a smoker. Exposure to second-hand smoke is dangerous. Even brief exposure can be harmful. Tobacco smoke contains more than 7,000 chemicals, about 70 of which can cause cancer.3 Exposure to second-hand smoke can cause illness and death in infants, children and adults. It can cause bronchitis, pneumonia and ear infections in children and more frequent attacks in children with asthma.3,4 In 2017, New York State expanded Section 13-E of the Public Health Act, also known as the Clean Indoor Air Act (the Act). The law prohibits smoking and vaping in nearly all indoor public and private workplaces, including restaurants and bars, to protect workers and the public from exposure to harmful second-hand tobacco smoke and vapor aerosols. Communities can continue to enact and enforce local laws on smoking and vaping. However, these rules must be at least as strict as the law. Comprehensive Smoke-Free Indoor Air Act: The CDC defines a state smoke-free law as comprehensive if it bans indoor smoking on private construction sites, restaurants, and bars.
Vaping is not prohibited by the smoking ban, so unlike cigarettes, it is not automatically illegal to vape in enclosed public spaces such as bars, restaurants, and nightclubs. This means that it is up to the owner of the place to choose whether to let you vape or not. Nowadays, many sites ask their customers not to vape for a variety of reasons – some people don`t like the smell of flavored vapor, while others worry that e-liquid vapor could be mistaken for cigarette smoke. This could encourage other customers to smoke, which is obviously against the law. Note: States have passed comprehensive smoke-free air laws that include the use of e-cigarettes. These laws prohibit smoking and the use of e-cigarettes indoors in private workplaces, restaurants and bars. If you smoke or vape and want to quit, talk to your doctor. Or contact the New York State Smoking Cessation Helpline at 1-866-NY-QUITS (1-866-697-8487) or www.nysmokefree.com for free information, coaching and resources. Minimum age (years): The minimum legal age – in years – that a person must reach before sellers can legally sell e-cigarettes to the person. Since 2003, the law has protected millions of New Yorkers from daily exposure to deadly second-hand smoke and the diseases it causes. The law saves lives and money. Studies show that in the first year alone, the expansion of the law resulted in about 3,800 fewer heart attack hospitalizations, saving about $56 million in health care costs.1,2 E-cigarette tax: any excise tax levied on e-cigarettes.
Businesses and institutions must inform customers and guests who smoke or vape that smoking and vaping are not allowed indoors. Laws governing the use of e-cigarettes, also known as “vaping,” vary across the United States. Some states and municipalities prohibit vaping in all places where smoking is prohibited, while others have more permissive laws or no vaping laws at all. Since the introduction of the smoking ban more than a decade ago, vape pens and e-cigarettes have become increasingly popular. But the rules of their use, especially in public places, have never been so confusing. Usually, if a place that you consider “public” prohibits vaping devices, it is because it is private land and the landowner does not want people to vape there. Outside of the house, you usually won`t have any problems that are considered public land. This includes parks and recreational areas, urban spaces, public roads, sidewalks and other open spaces to which you have access. However, there are places where you might expect to be public, but aren`t, especially when it comes to public transit. In the UK, most bus, train and tram operators do not allow passengers to vape on board. Transportation hubs such as train stations and airports are almost exclusively privately owned, most of which do not allow the use of e-cigarettes.
Always respect the wishes of the owner of the place when considering vaping or not in an enclosed public space. If a venue has a “no smoking” sign, it may include details about the inclusion or exemption of e-cigarettes. If you`re still not sure, ask permission to use your vape pen instead of just doing it – some venue owners will understand and be hospitable to you, but you should respect their wishes otherwise. In 2019, the MCIAA was amended to expand the definition of smoking to electronic delivery devices, also known as e-cigarettes or vapes.