HB 19-1076

Summary

Smoking restrictions - application to vape and e-cigarette use - exemptions - age restrictions in permitted smoking areas - signage - penalties. The act amends the "Colorado Clean Indoor Air Act" by: Adding a definition of "electronic smoking device" (ESD) to include e-cigarettes and similar devices within the scope of the act; Citing the results of recent research on ESD emissions and their effects on human health as part of the legislative declaration; Eliminating the existing exceptions for certain places of business in which smoking may be permitted, such as airport smoking concessions, businesses with 3 or fewer employees, designated smoking rooms in hotels, and designated smoking areas in assisted living facilities; Repealing the ability of property owners and managers to designate smoking areas through the posting of signs; Exempting FDA-approved nebulizers, inhalers, and vaporizers, as well as humidifiers that emit only water vapor, from the definition of an ESD; Amending signage requirements for tobacco businesses and vape shops that must notify customers of prohibitions on entry by persons under the age of 18; Increasing the radius of an "entryway", the area around the doorway to a building where smoking is not permitted, from a minimum of 15 feet to a minimum of 25 feet except where existing local regulations permitted a smaller radius when construction or renovation of a business commenced, on or before July 1, 2019; and Creates a grace period, affirmative defenses, and graduated penalties for enforcement of the amended signage requirements and age restrictions for tobacco businesses and vape shops. The act takes effect July 1, 2019, except for the provisions requiring exclusion of minors and the posting of appropriate signage relating to the exclusion, which provisions take effect October 1, 2019. (Note: This summary applies to this bill as enacted.) Read More

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