Title PBH, Public Health

§ 1399-ii-1. Electronic cigarette and vaping prevention, awareness and\ncontrol program. The commissioner shall, in consultation and\ncollaboration with the commissioner of education, establish and develop\nan electronic cigarette and vaping prevention, control and awareness\npr…

§ 1399-j. Definitions. As used in this article:\n 1. "Motel or hotel" shall mean establishments distinguished as hotels,\nmotels, bungalow colonies, or any other establishment comparable or\nequivalent to any of those previously mentioned. The term shall not\ninclude those place…

§ 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate\nthe effectiveness of the efforts by state and local governments to\nreduce the use of tobacco products and vapor products, intended or\nreasonably expected to be used with or for the consumption of nicotine,…

§ 1399-k. Violations notice; administrative procedure; temporary\nrestraining order. 1. A violation of the public health law or of the\nsanitary code relating to the housing of motel and hotel employees shall\nconstitute a public nuisance which may be enjoined or restrained.\n 2…

§ 1399-kk. Annual tobacco and vapor product enforcement reporting. The\ncommissioner shall submit to the governor and the legislature an interim\ntobacco control report and annual tobacco control reports which shall\ndescribe the extent of the use of tobacco products and vapor p…

§ 1399-l. Application. The provisions of this article shall not apply\nto cities having a population of one hundred twenty-five thousand or\nmore.\n

* § 1399-ll. Unlawful shipment or transport of cigarettes and vapor\nproducts. 1. It shall be unlawful for any person engaged in the business\nof selling cigarettes to ship or cause to be shipped any cigarettes to\nany person in this state who is not: (a) a person licensed as a\…

* § 1399-ll. Sale of bidis prohibited. 1. No person shall knowingly\nsell or provide bidis to any other person. Notwithstanding that bidis is\na tobacco product, no other provision of law authorizing the sale of\ntobacco products, other than subdivision two of this section, shal…

§ 1399-m. Separability. If any clause, sentence, paragraph,\nsubdivision, section or part of this article shall be adjudged by any\ncourt of competent jurisdiction to be invalid, the judgment shall not\naffect, impair or invalidate the remainder thereof, but shall be\nconfined in…

§ 1399-mm. Sale of gutka prohibited. 1. No person shall knowingly\nsell or provide gutka to any other person under twenty-one years of age.\nNo other provision of law authorizing the sale of tobacco products,\nother than subdivision two of this section, shall authorize the sale …

§ 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes\nof this section "flavored" shall mean any vapor product intended or\nreasonably expected to be used with or for the consumption of nicotine,\nwith a distinguishable taste or aroma, other than the taste or ar…

§ 1399-mm-2. Sale in pharmacies. 1. No tobacco product, herbal\ncigarette, or vapor product intended or reasonably expected to be used\nwith or for the consumption of nicotine, shall be sold in a pharmacy or\nin a retail establishment that contains a pharmacy operated as a\ndepa…

§ 1399-mm-3. Carrier oils. 1. For the purposes of this section\n"carrier oils" shall mean any ingredient of a vapor product intended to\ncontrol the consistency or other physical characteristics of such vapor\nproduct, to control the consistency or other physical characteristics…

* § 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly\nsell or provide kratom to any other person under twenty-one years of\nage. Any person who violates the provisions of this subdivision shall be\nsubject to a civil penalty of not more than five hundred dollars…

§ 1399-n. Definitions. For purposes of this article:\n 1. "Bar" means any area, including outdoor seating areas, devoted to\nthe sale and service of alcoholic beverages for on-premises consumption\nand where the service of food is only incidental to the consumption of\nsuch beve…

§ 1399-nn. Findings and purpose. 1. Cigarette smoking presents serious\npublic health concerns to the state and to the citizens of the state.\nThe Surgeon General has determined that smoking causes lung cancer,\nheart disease and other serious diseases, and that there are hundre…

§ 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall\nnot be permitted and no person shall smoke or vape in the following\nindoor areas:\n a. places of employment;\n b. bars;\n c. food service establishments, except as provided in subdivision six\nof section th…

§ 1399-o-1. Smoking and vaping restrictions; certain outdoor areas. 1.\nSmoking and vaping shall not be permitted and no person shall smoke or\nvape during the hours between sunrise and sunset, when one or more\npersons under the age of twelve are present at any playground. For …

§ 1399-o-2. Smoking restrictions; certain outdoor areas. 1. Smoking\nshall not be permitted and no person shall smoke in any public park.\n 2. For the purposes of this section "park" shall mean:\n (a) public parks, beaches, pools, boardwalks, marinas, playgrounds,\nrecreation ce…

§ 1399-oo. Definitions. As used in this article the following terms\nshall mean:\n 1. "Adjusted for inflation" means increased in accordance with the\nformula for inflation adjustment set forth in exhibit C to the master\nsettlement agreement.\n 2. "Affiliate" means a person who…

§ 1399-p. Posting of signs. 1. "Smoking" or "No Smoking" signs, or\n"Vaping" or "No Vaping" signs, or the international "No Smoking" symbol,\nwhich consists of a pictorial representation of a burning cigarette\nenclosed in a circle with a bar across it, shall be prominently post…

§ 1399-pp. Requirements. Any tobacco product manufacturer selling\ncigarettes to consumers within the state (whether directly or through a\ndistributor, retailer or similar intermediary or intermediaries) after\nthe effective date of this article shall do one of the following:\n…

§ 1399-q. Smoking and vaping restrictions inapplicable. 1. This\narticle shall not apply to:\n (a) Private homes and private residences;\n (b) Private automobiles;\n (c) A hotel or motel room rented to one or more guests;\n (d) Retail tobacco businesses;\n (e) Membership associa…

§ 1399-r. General provisions. 1. Nothing in this article shall be\nconstrued to deny the owner, operator or manager of a place covered by\nthis article the right to designate the entire place, or any part\nthereof, as a nonsmoking and nonvaping area.\n 2. The provisions of this …

§ 1399-s. Violations. 1. It shall be unlawful for any person, firm,\nlimited liability company, corporation or other entity that owns,\nmanages, operates or otherwise controls the use of an area in which\nsmoking and vaping is prohibited or restricted pursuant to section\nthirte…

§ 1399-ss. Definitions. For the purposes of this article, unless the\ncontext clearly requires otherwise:\n 1. "Engineered sharps injury protection" means a physical attribute\nbuilt into, or used with, a sharp that effectively reduces the risk of a\nsharps injury by a mechanism…

§ 1399-t. Enforcement. 1. For the purpose of this article the term\n"enforcement officer" shall mean the board of health of a county or part\ncounty health district established pursuant to title three of article\nthree of this chapter, or in the absence thereof, an officer of a …

§ 1399-tt. Regulations. The commissioner shall make regulations, under\nthis article, governing the use of sharps in health care for the purpose\nof: preventing sharps injuries, reducing exposure incidents, and\npromoting the use of safer technologies which include engineered sh…

§ 1399-u. Waiver. 1. The enforcement officer may grant a waiver from\nthe application of a specific provision of this article, provided that\nprior to the granting of any such waiver the applicant for a waiver\nshall establish that:\n (a) compliance with a specific provision of …

§ 1399-v. Penalties. The commissioner may impose a civil penalty for a\nviolation of this article in an amount not to exceed that set forth in\nsubdivision one of section twelve of this chapter. Any other enforcement\nofficer may impose a civil penalty for a violation of this ar…

§ 1399-vv. Studies and reports. The commissioner shall conduct a study\nof exposure incidents occurring prior to and one year after the\neffective date of regulations made under this article to determine the\neffectiveness of the regulations in reducing sharps injuries and\nexpo…

§ 1399-w. Limitation of causes of action. An employer, administrator,\nmanager, owner or operator of any indoor area, food service\nestablishment, or place of employment regulated by this article who\ncomplies or fails to comply with the provisions of this article shall\nnot be …

§ 1399-ww. Separability. If any item, clause, sentence, subparagraph,\nsubdivision, section or other part of this act, or the application\nthereof to any person or circumstances shall be held to be invalid, such\nholding shall not affect, impair or invalidate the remainder of th…

§ 1399-x. Rules and regulations. The commissioner shall not promulgate\nany rules or regulations to effectuate the provisions of section\nthirteen hundred ninety-nine-n, paragraph f of subdivision one of\nsection thirteen hundred ninety-nine-o or subdivision one of section\nthir…

§ 1399-xx. Sale or distribution of kratom products to minors. 1. For\npurposes of this section the following terms shall have the following\nmeanings:\n (a) "A device capable of deciphering any electronically readable\nformat" or "device" shall mean any commercial device or comb…

§ 14. Actions against persons rendering professional services at the\nrequest of the department; defense and indemnification. The provisions\nof section seventeen of the public officers law shall apply to any\nphysician, dentist, nurse or other health care professional who: (i) …

§ 1400. Definitions. As used in this article:\n 1. "Children's camp" or "camp" for the purpose of this article means\nany children's overnight camp, as defined in section thirteen hundred\nninety-two of this chapter, children's summer day camp as defined in\nsection thirteen hun…

§ 1401. Disclosure statement. No children's camp shall engage in any\npublic solicitation for applications, for deposits for, or contracts for\nthe purpose of enrollment, or advertise or cause to be advertised within\nthe state, or otherwise solicit enrollments, or accept or mak…

§ 1402. Delivery of disclosure statement to parent. 1. A copy of the\nshort form disclosure statement shall be mailed or delivered by the\nowner, director or other person soliciting the enrollment of a child\nresiding within the state for any children's camp located without the\…

§ 1403. Designation of secretary of state as agent for serving\nprocess. Every children's camp, operator and owner of such camp shall\nbe deemed to have designated the secretary of state of the state of New\nYork for service of process. Service shall be made by delivering the\ns…

§ 1404. Penalties; failure to file disclosure statements. The\nattorney general may seek an injunction against any children's camp,\ncamp owner, operator, director or officer enjoining the solicitation of\nenrollments for children in such camps who reside within the state of\nNe…

§ 1405. False and misleading statements; penalties; private rights of\npersons. 1. Any solicitation made for the purpose of securing\napplications or deposits for contracts for the enrollment of a child\nresiding in New York in a children's camp located without the state of\nNew…

§ 1406. Fees. Upon filing the initial disclosure statement with the\ndepartment, the fee shall be fifty dollars, except that no fee shall be\ncharged in the case of camps operated by a person, firm, corporation or\nassociation for charitable, philanthropic, or religious purposes…

§ 1407. Powers of the commissioner. In addition to the powers of the\ncommissioner or the public health council to effectuate the provisions\nof this article, the commissioner shall have the power to:\n 1. Cooperate with state and federal officials to investigate the\nstatements…

§ 1408. Registry for children's non-regulated camps. The department\nshall establish and maintain an electronic database containing\ninformation collected pursuant to this section and section three hundred\nninety-eight-f of the general business law for the purposes of providing…

§ 15. Examination and inspection of public works. All persons having\nthe control, charge or custody of any public structure, work or ground,\nor of any plan, description, outline, drawing or chart thereof or\nrelating thereto, made, kept or controlled by or under any public\nau…

§ 1500. Municipal insect control. 1. The board of health of a\nmunicipality may take all necessary and proper steps for the control of\nmosquitoes, flies, black flies, punkies, ticks, and other insects\ndetrimental to health within its jurisdiction which may require\ncommunity a…

§ 1501. Municipal mosquito control; costs to owner and municipality.\n1. Whenever the board of health of a municipality shall determine that\nany accumulation of water wherein mosquito larvae breed, constitutes a\nnuisance or a danger or injury to life or health, the owner or ow…

§ 1502. Municipal mosquito control; costs; assessment on property\nbenefited. 1. If a local board of health of a municipality shall (a)\ndetermine, in its discretion, that, owing to the natural conditions\nwhich are favorable to the breeding of mosquitoes and owing to the\nbenef…

§ 1503. City of New York; exceptions. The provision of sections one\nthousand five hundred to one thousand five hundred two of this chapter,\ninclusive, shall not apply to the city of New York.\n