MODEL BILLS

E-cigarette Smoke-Free Act

Summary: E-cigarettes are battery-powered devices that are designed to mimic cigarettes by vaporizing a nicotine-laced liquid that is inhaled by the user. The jurisdiction’s smoke-free law was written before e-cigarettes were on the market, so this act amends existing law to explicitly include e-cigarettes.

Explanation: E-cigarettes are a significant public health concern, not only because of their unregulated constituents and the potential health impact of the nicotine vapor on bystanders, but also because e-cigarette use causes public confusion as to where smoking is allowed, resulting in compliance problems with smoke-free laws.

Source: The definition of “e-cigarettes” is based on Americans for Nonsmokers’ Rights (ANR) model legislation, a comprehensive workplace and public places smoke-free law.

SECTION 1. SHORT TITLE

This Act shall be called the “E-cigarette Smoke-Free Act.”

SECTION 2. PURPOSE

This law is enacted to protect the health and safety of people in workplaces [and public places].

SECTION 3. E-CIGARETTES

After section XXX, the following new section XXX shall be inserted:

(A) Definition

“E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

(B) E-Cigarettes included

[In existing smoke-free law, where the types of tobacco smoking are listed, insert the word “and e-cigarettes”.]

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.