The following is the complete text of the proposed law. If you would like to speak at a hearing or meeting then you will need this to know exactly what it is you are speaking against.
If anybody has suggestions on strategies or anything related to how to fight the law them please post it here in this thread.
The BIG problem with this law as we see it is in the last paragraph of the Legislative Intent section where it says use of E-cigs will be restricted to smoking areas.
Thanks for the help and support everybody,
dumwaldo
If anybody has suggestions on strategies or anything related to how to fight the law them please post it here in this thread.
The BIG problem with this law as we see it is in the last paragraph of the Legislative Intent section where it says use of E-cigs will be restricted to smoking areas.
Thanks for the help and support everybody,
dumwaldo
AMENDED COPY AS OF 6/1/2009
Introduced by Legislator Cooper
RESOLUTION NO. -2009, ADOPTING LOCAL LAW NO. -2009, A LOCAL LAW BANNING THE SALE OF E-CIGARETTES TO PERSONS UNDER THE AGE OF 19
WHEREAS, there was duly presented and introduced to this County Legislature at a meeting held on , 2009, a proposed local law entitled, "A LOCAL LAW BANNING THE SALE OF E-CIGARETTES TO PERSONS UNDER THE AGE OF 19; now, therefore be it
RESOLVED, that said local law be enacted in form as follows:
LOCAL LAW NO. -2009, SUFFOLK COUNTY, NEW YORK
A LOCAL LAW BANNING THE SALE OF E-CIGARETTES TO PERSONS UNDER THE AGE OF 19
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:
Section 1. Legislative Intent.
This Legislature hereby finds that while state and federal government have been slow to respond meaningfully to the public health crisis caused by smoking, the Suffolk County Legislature has a long and proud history of being at the forefront of the efforts to curb smoking and its inherent dangerous effects on the general publics health.
This Legislature finds that Suffolk County was one of the first municipalities in the nation to ban smoking in restaurants and other public places and one of the first municipalities to limit the access school age children have to tobacco products by passing tobacco 19, which raised to 19 the legal age for the purchase of tobacco products.
This Legislature recognizes that dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking.
This Legislature also finds and determines that a new, untested and unregulated high-tech smoking device, commonly referred to as e-cigarettes, have recently been made available to consumers. These devices closely resemble and purposefully mimic the art of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. The vapors are expelled via a cartridge that usually contains a concentration of pure nicotine. The cartridge and ignition system are housed in a device created to look exactly like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated vapors producing a cloud of undetermined substances that is virtually indistinguishable from traditional cigarettes, cigars and pipes.
This Legislature also finds and determines that nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption.
This Legislature finds that the manufacturers and marketers of e-cigarettes purposefully and intently advertise their produces as safe, nicotine delivery devices and smoking cessation modalities.
This Legislature also finds that the safety and smoking cessation assertions made by e-cigarettes companies have no reliable basis in fact because their products have not undergone testing by the United States Food and Drug Administration (FDA) as drug delivery devices, nor have e-cigarette manufacturers submitted for independent peer review any findings on the safety and smoking cessation claims of their products.
This Legislature also finds that the FDA has publicly expressed concerns over the safety of these devices. The FDA has launched an official investigation into the
e-smoking devices and has refused to allow e-cigarettes, e-cigars and e-pipes to cross the border because they're considered new drugs and drug delivery devices that require FDA approval.
This Legislature further finds that concurrent with this lack of suitable information,
e-cigarette manufacturers offer their nicotine cartridges in a variety of flavors, including cherry, chocolate, and vanilla. Public health advocates warn these flavorings are purposefully meant to appeal to and attract young people and are commonly referred to as training wheels for traditional cigarettes.
This Legislature also finds that studies show that adolescents can become addicted to nicotine after ingesting the equivalent of 20 traditional cigarettes (the amount traditionally available in a single pack). The appeal created by the flavorings discussed can lead young people into a lifetime of nicotine addiction.
This Legislature also finds that the nicotine content in e-cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose.
This Legislature also finds that when consumed in public places where traditional tobacco products are banned, the use of e-cigarettes causes fear, stress and confusion among patrons and workers alike. This in turn seriously compromises the Countys current public health laws governing indoor smoking bans by creating an enforcement nightmare for the Department of Health Services Tobacco Enforcement Unit.
This Legislature is encouraged that other governments and public health organizations have joined the FDA and are speaking out about the potential dangers posed by e-cigarettes. These entities are also calling on e-cigarette manufacturers to cease and desist their safety claims until these products have been independently tested. These groups include the World Health Organization and the Canadians governments FDA equivalent, the Health Products and Food Branch Inspectorate.
This Legislature further finds that every year tobacco products siphon off more than $268 billion in directly related healthcare and lost worker productivity costs and lead to the deaths of almost one-half million Americans. This Legislature is supportive of tobacco cessation programs and modalities that have proven efficacy and utilize safe FDA-approved products.
This Legislature also determines that protecting Suffolk County residents against an untested nicotine product like e-cigarettes represents sound public health and fiscal policy.
Therefore, the purpose of this law is to ban the sale of e-cigarettes and like products in Suffolk County to persons under the age of 19 until the United States Food and Drug Administration determines that e-cigarettes are safe and/or effective smoking cessation devices and to prohibit smoking or otherwise using e-cigarettes and like products in public places where traditional forms of smoking are already disallowed.
Section 2. Definitions.
As used in this law, the following terms shall have the meanings indicated:
A) E-CIGARETTE shall mean any electronic smoking device composed of a mouthpiece, heating element, battery and electronic circuits that provide a vapor of pure nicotine mixed with propylene glycol to the user as they simulate smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
B) LIQUID NICOTINE shall mean any liquid product composed either in whole or part of pure nicotine and proprylene glycol and manufactured for use with e-cigarettes.
C) PERSON shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity of business of any kind.
Section 3. Prohibition.
No person shall sell or offer for sale e-cigarettes or liquid nicotine within the County of Suffolk to persons under nineteen (19) years of age.
Section 4. Amendment.
Chapter 437 of the SUFFOLK COUNTY CODE is hereby amended as follows:
Chapter 437, SMOKING
* * * *
* * * *
§ 437-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BAR or TAVERN -- Any indoor area open to the public devoted to the sale and service of alcoholic beverages for on-premises consumption regardless of the quantity of food served to patrons for on-premises consumption.
E-CIGARETTE Shall mean any electronic smoking device composed of a mouthpiece, heating element, battery and electronic circuits that provide a vapor or pure nicotine mixed with propylene glycol to the user as they simulate smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
* * * *
SMOKING -- The combustion of any cigar, cigarette, tobacco, e-cigarette or any similar article or any other combustible substance in any manner or in any form.
* * * *
Section 5. Penalties.
Any person who intentionally violates the provisions of Section 3 of this law shall be guilty of an unclassified misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00). Each violation shall constitute a separate and distinct offense.
Section 6. Reverse Preemption.
This law, with the exception of Section 4, shall be null and void on the day that Statewide or Federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent State or Federal Administrative Agency issues and promulgates regulations preempting such action by the county of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions in this section.
Section 7. Applicability.
This law shall apply to all actions occurring on or after the effective date of this law.
Section 8. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Section 9. SEQRA Determination.
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(20), (21), and/or (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.
Section 10. Effective Date.
This law shall take effect sixty (60) days after its filing in the Office of the Secretary of State.
DATED:
APPROVED BY:
_____________________________
County Executive of Suffolk County
Date:
