Title PBH, Public Health

§ 1399-ii-1. Electronic cigarette and vaping prevention, awareness and control program. The commissioner shall, in consultation and collaboration with the commissioner of education, establish and develop an electronic cigarette and vaping prevention, control and awareness progra…

§ 1399-j. Definitions. As used in this article: 1. "Motel or hotel" shall mean establishments distinguished as hotels, motels, bungalow colonies, or any other establishment comparable or equivalent to any of those previously mentioned. The term shall not include those places or …

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

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

§ 1399-kk. Annual tobacco and vapor product enforcement reporting. The commissioner shall submit to the governor and the legislature an interim tobacco control report and annual tobacco control reports which shall describe the extent of the use of tobacco products and vapor prod…

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

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

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

§ 1399-m. Separability. If any clause, sentence, paragraph, subdivision, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its…

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

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

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

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

* § 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly sell or provide kratom to any other person under twenty-one years of age. Any person who violates the provisions of this subdivision shall be subject to a civil penalty of not more than five hundred dollars. 2…

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

§ 1399-nn. Findings and purpose. 1. Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds …

§ 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall not be permitted and no person shall smoke or vape in the following indoor areas: a. places of employment; b. bars; c. food service establishments, except as provided in subdivision six of section thirteen hu…

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

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

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

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

§ 1399-pp. Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the effective date of this article shall do one of the following: 1. b…

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

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

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

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

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

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

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

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

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

§ 1399-w. Limitation of causes of action. An employer, administrator, manager, owner or operator of any indoor area, food service establishment, or place of employment regulated by this article who complies or fails to comply with the provisions of this article shall not be subj…

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

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

§ 1399-xx. Sale or distribution of kratom products to minors. 1. For purposes of this section the following terms shall have the following meanings: (a) "A device capable of deciphering any electronically readable format" or "device" shall mean any commercial device or combinati…

§ 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: 1. "Children's camp" or "camp" for the purpose of this article means any children's overnight camp, as defined in section thirteen hundred ninety-two of this chapter, children's summer day camp as defined in section thirteen hundred …

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

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

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

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

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

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

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

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

§ 15. Examination and inspection of public works. All persons having the control, charge or custody of any public structure, work or ground, or of any plan, description, outline, drawing or chart thereof or relating thereto, made, kept or controlled by or under any public author…

§ 1500. Municipal insect control. 1. The board of health of a municipality may take all necessary and proper steps for the control of mosquitoes, flies, black flies, punkies, ticks, and other insects detrimental to health within its jurisdiction which may require community actio…

§ 1501. Municipal mosquito control; costs to owner and municipality. 1. Whenever the board of health of a municipality shall determine that any accumulation of water wherein mosquito larvae breed, constitutes a nuisance or a danger or injury to life or health, the owner or owner…

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

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