Senator Phillips Announces New Law Protecting Children In Daycare From Smoking Hazards

Measure Closes a Loophole to Prohibit Smoking at All Times and All Areas Where Child Care is Provided


Senator Phillips announced that a bill she supported preventing second and third-hand smoke from harming children in child care was signed into law recently. The bill, S.7522, prohibits smoking at all times in areas of private homes that are used to provide child care services.


“Studies have repeatedly shown that both second and third-hand smoke can cause numerous health problems in infants and children, including respiratory and ear infections, asthma attacks and even sudden infant death syndrome,” said Senator Phillips. “I am pleased to have supported this legislation in an effort to create a healthier environment for kids in New York family daycare.”


The health impacts of third-hand smoke have been the subject of research in recent years. Most notably, a study by researchers at the Lawrence Berkeley National Laboratory demonstrated that third-hand smoke can lead to gene mutation, which, according to the Berkeley Lab News Center, is “associated with the development of diseases and is a critical mechanism responsible for many types of cancer caused by smoking and second-hand smoke exposure.” These findings also suggest that airing out indoor areas will not eliminate third-hand smoke.


Under current law, operators and residents of home-based daycare centers are permitted to smoke in these centers outside their hours of operation. Studies on the effects of third-hand smoke – defined as residual contamination from cigarette smoke toxicants that can linger on surfaces – have shown evidence of the same harmful effects associated with first and second-hand smoking. This new law will help protect infants and toddlers against carcinogens and other health risks by closing this dangerous loophole and prohibit home-based daycare centers from smoking in the rooms daycare is provided.


Visit Senator Phillips’ webpage