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E-cigarettes and ENDS

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Tompkins Co.
E-cigarettes added to local law
Text of the law
Legislative discussion
Information about E-cigs
File a complaint about indoor use of ENDS or smoking

مقاطعة تومبكينز

E-Cigarettes added to local clean indoor air law

At its September 2, 2014 meeting, the Tompkins County Legislature voted to include E-cigarettes and other electronic nicotine delivery systems (ENDS) as smoking materials that are prohibited under the county’s 2003 clean indoor air law, Chapter 72-6 of the County Code. The amended law has been filed with the Secretary of State and is now in effect. Click here for the amended version.

This means that use of E-cigarettes or other ENDS in any place of employment, bar, or food service establishment is prohibited under County law.

In the case of food service establishments, the prohibited use of ENDS (or any smoking) also includes all outdoor seating areas.

The text of the changes to Chapter 72-6 are below. No other changes were made in this law.

ENDS were added because the emissions from ENDS and secondhand vapor pose a public health risk. Studies show significant levels of carcinogens and other dangerous chemicals are put into the air when the devices are used. In addition, the amended law mitigates potential concerns about the appearance of smoking in prohibited areas, and potential confusion in enforcement.

As amended, the law is to be enforced in the same manner as has been practiced since it first became effective in 2003. It is the responsibility of the workplace to maintain a smoke-free place of employment. Individuals who observe someone smoking in a prohibited area may file a complaint with the Environmental Health Division of the Tompkins County Health Department.

Chapter 72-6. Definitions (amended portions only)
Electronic Nicotine Delivery Systems (ENDS)” means a personal electronic device that aerosolizes liquid or gel containing nicotine, flavorings, or other substances and produces an emission that may be absorbed or exhaled by user.

Smoking” means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance that contains tobacco or the use of ENDS.

Link to Chapter 72-5 on  |  Download this memo

What the Legislature said

• Health and Human Services Committee of the Legislature >> CLICK HERE and HERE
• Public Hearing >> CLICK HERE
• Full Legislature discussion of this issue >> CLICK HERE

NYS Youth

E-Cigarettes and ENDS (Electronic Nicotine Delivery Systems) use by NYS high school students rises to over 10% (2014).

  • The prevalence of ENDS use among high school students (10.5%) and young adults (12.7%) is about twice as high as the prevalence of ENDS use among adults (5.7%).
  • There is no evidence that youth are substituting ENDS for cigarettes. In fact, more than half of high school students and young adults who smoke cigarettes also use ENDS, making dual use of cigarettes and ENDS the norm.
  • Among the 7.3% of high school students who are current smokers, 56.5% also use ENDS.3 Among the 14.2% of young adult smokers (age 18-24 years), 54.9% use ENDS. Among the 17.3% of adult smokers (age 25 and older), ENDS use is significantly lower, at 24.0%.

[Source: NYSDOH Bureau of Tobacco Control, StatShot Vol. 8, No. 5/ Nov 2015. Prevalence of Cigarette Smoking, Use of Electronic Nicotine Delivery Systems, and Dual Use by Youth, Young Adults, and Adults in NYS, 2014.]

Links about E-cigarettes and ENDS

From the American Academy of Pediatrics, October 2013 (PDF, 284KB)
Are Electronic Cigarettes a Public Good or Health Hazard? by Michael Blanding, Harvard Business School Working Knowledge (PDF, 105KB)
E-Cigarettes and Secondhand Aerosol, Americans for Nonsmokers' Rights