Tobacco Free Environments —Vaping
Tobacco Free Environments —Vaping
State law, regulation, or district policy addresses vaping or electronic cigarette use.
New Hampshire Revised Statutes Annotated 126-K:2. Definitions.
II-a. “Device” means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. II-b. “E-cigarette” means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name. II-c. “E-liquid” means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.
New Hampshire Revised Statutes Annotated 126-K:7. Use of Tobacco Products, Devices, E-cigarettes, or E-liquids on Public Educational Facility Grounds Prohibited.
I. No person shall use any tobacco product, device, e-cigarette, or e-liquid in any public educational facility or on the grounds of any public educational facility. II. Any person who violates this section shall be guilty of a violation and, notwithstanding RSA 651:2, shall be punished by a fine not to exceed $100 for each offense.
New Hampshire Revised Statutes Annotated 126-K:8. Special Provisions.
I. (a) No person shall sell, give, or furnish tobacco products, e-cigarettes, or e-liquid to a person who has not attained 19 years of age who has a note from an adult requesting such sale, gift, or delivery. Tobacco products, e-cigarettes, or liquid nicotine shall only be delivered to a person who provides an identification as enumerated in RSA 126-K:3 establishing that the person has attained 19 years of age. (b) Each school shall establish a policy regarding violations of this paragraph. The policy may include, but not be limited to, mandatory education classes on the hazards of using tobacco products, e-cigarettes, or liquid nicotine, and suspensions and other penalties.
New Hampshire Revised Statutes Annotated 155:65. Definitions.
XV. “Smoking” means having in one’s possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, including devices as defined in RSA 126-K:2, II-a.
New Hampshire Revised Statutes Annotated 155:66 Smoking Prohibited.
I. Except as provided in RSA 155:67 and notwithstanding any law to the contrary, smoking is prohibited in: (a) Public educational facilities at any time, and in child care agencies licensed under RSA 170-E during the hours of operation, except foster family homes and foster family group homes. (b) Hospitals and other acute care facilities. (c) Grocery stores by customers. (d) Elevators, tramways, gondolas, and other such public conveyances. (e) Public conveyances. (f) Restaurants. (g) Cocktail lounges. (h) Enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public. Purposes for which such places may be open to the general public may include, but not be limited to, public meetings, voting, suppers, bingo games, theatrical events, fairs, and bazaars. II. Smoking may be permitted in enclosed places of public access and publicly-owned buildings and offices, including workplaces, other than those listed in paragraph I, in effectively segregated smoking-permitted areas designated by the person in charge. Smoking shall be totally prohibited in any such enclosed place, if smoking cannot be effectively segregated. The person in charge may declare any facility non-smoking in its entirety.
New Hampshire Revised Statutes Annotated 155:68. Written Policies.
The person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written policies in accordance with RSA 155:71, to achieve compliance with this subdivision. Such policies shall include, but not be limited to, the following: I. If smoking is completely prohibited in any enclosed workplace, enclosed place of public ownership, or enclosed place accessible to the public, then the written policy shall state that smoking is prohibited in the entire facility. II. If smoking-permitted areas are to be designated in any enclosed area identified in RSA 155:66, then the written policy shall state, in addition to the requirements of RSA 155:69, that smoking is permitted only in designated smoking-permitted areas and shall specify the area or areas where smoking is permitted in the building or facility. III. Written policies regarding smoking restrictions shall be provided to, or posted, or otherwise made available to any person who works in or routinely uses any enclosed building or facility. IV. Staff or employees subject to written policies regarding smoking restrictions in any enclosed building or facility shall receive orientation regarding the written policy to which they are required to adhere.