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ELECTRONIC SMOKING DEVICES BAN (VAPING) IN PUBLIC PLACES NEW JERSEY

New Jersey State Laws

On January 11, 2010, New Jersey Governor Corzine signed into law A4227/4228 which bans the use of “electronic smoking devices” in public places and workplaces (amended the 2006 NJ Smokefree Air Act), and bans the sale of electronic smoking devieces to persons 18 years and younger. This is the first state law of its kind, in the nation, with the New Jersey Senate and Assembly both voting unanimously in favor of the law.

These 2010 amendments to the 2006 NJ Smokefree Air Act (NJSA 26:3D-57), and to the State law banning the sale of tobacco and electronic smoking devices to persons 18 years and younger (NJSA 2A:170-51.4), define “Electronic smoking device” as “an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.” The NJ Smokefree Air Act’s definition of “smoking” (NJSA 26:3D-57) was also amended at that time to include smoke or vapor from electronic smoking devices: “Smoking means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.”

NJ State law also bans outdoor use of electronic smoking devices if the smoke/vapor migrates, seeps or recirculates into an indoor public place or workplace where smoking is prohibited. NJAC 8:6-2.3(a).

The 2010 New Jersey state law restricting the use of electronic smoking devices was a culmination of local and county efforts. In October 2009, the Bergen County Board of Chosen Freeholders passed a resolution to ban the use of e-cigarettes in county buildings and at county parks. In November 23, 2009 the Paramus Board of Health passed their ordinance restricting e-cigarette use in public places and workplaces, effective December 1, 2009.

On August 7, 2013, the New Jersey Department of Health’s Office on Local Public Health, in cooperation with the Department’s Office on Tobacco Control, issued an Administrative Advisory concerning the prohibited use of electronic smoking devices (includes e-cigarettes) in indoor public places and work places, in New Jersey. This Advisory serves as a reminder that the 2006 NJ Smokefree Air Act was amended in 2010 to ban the use of electronic smoking devices in public places and workplaces where smoking is prohibited. Two handouts accompany the Administrative Advisory.