|
Summary of 100% Smokefree State and
Commonwealth Laws
October 1, 2007
As of October 1, 2007, there are 26
states and commonwealths with a 100% smokefree law
currently in effect for at least one of the three
following categories: workplaces;
restaurants; bars.
See
last page for Illinois, Maryland, and Oregon, which
have enacted 100%
smokefree laws that are not yet in
effect.
NOTE:
The dates showing in
blue with a box around them
indicate that the
relevant law is 100% smokefree by ANRs strict
standards (i.e.,
they must not contain exemptions for
separately ventilated rooms, contain size or hours
of operation exemptions, or exempt attached bars
within
restaurants.)
1. Arizona: State law prohibits
smoking in all workplaces and public places,
including restaurants and bars. See AZ Rev. Statutes
§36-
601.01 (11/7/06).
[Effective Dates:
W - 5/1/07; R 5/1/07; B 5/1/07
]
2. California:
State law generally
prohibits smoking in enclosed workplaces, including
restaurants and bars. Employers may establish
separately ventilated break rooms
for smoking. Employers with five or fewer employees
may allow smoking in work areas if all
employees working in that area
consent. Warehouses of a specified size and other
specified workplaces are exempt. Smoking is
prohibited in public places. See CA
Labor Code §6404.5 (1994).
[Effective Dates: W -
1/1/95;
R
1/1/95 ; B 1/1/98
]
3. Colorado:
State law prohibits
smoking in workplaces, except those with three or
fewer employees that are not open to the public.
Employers in facilities that are
otherwise exempt from law must provide smokefree
work areas for employees who request them.
Smoking is prohibited in all
restaurants, bars, and public places. Casino gaming
floors and cigar-tobacco bars are exempt. Smoking
may
also be permitted in separately
ventilated restaurants and bars at international
airport terminals under the terms of a concession.
See CO
Rev. Statutes §25-14-201 et seq.
(2006).
[Effective Dates: W - 7/1/06;
R
7/1/06; B 7/1/06
]
4. Connecticut:
State law prohibits
smoking in workplaces with five or more employees,
except in separately ventilated smoking rooms.
Workplaces with fewer than five
employees must provide nonsmoking work areas for
employees who request them. See CT Code §31-
40q (2003). Smoking is prohibited in
all restaurants and bars, except in smoking rooms
provided by employers for their employees
pursuant to §31-40q. Smoking is
prohibited in specified public places. See CT Code
§19a-342 (2003).
[Effective Dates: W
10/1/03;
R - 10/1/03; B - 4/1/04
]
5. Delaware:
State law prohibits
smoking in all workplaces, including restaurants and
bars, and in public places. See DE Statutes, Title
16,
Chapter 29, §2901 et seq. (2002).
[Effective
Dates:
W
11/27/02; R - 11/27/02; B - 11/27/02
]
6. Florida:
The State Constitution,
as implemented by statute, prohibits smoking in
enclosed workplaces, including restaurants. Bars are
exempt. Smoking is prohibited in
public places. See Florida Constitution, Art. X, §
20 (2002); Florida Statutes §386.201 et seq. (2003).
[Effective Dates:
W
7/1/03; R - 7/1/03
]
7. Hawaii:
State law prohibits
smoking in all enclosed and partially enclosed
workplaces and public places, including restaurants
and bars.
Enclosed or partially enclosed is
defined as closed in by a roof or overhang and at
least two walls. See HI Rev. Statutes Ch. 328J
(2006).
[Effective Dates:
W 11/16/06; R - 11/16/06; B - 11/16/06 ]
8. Idaho:
State law prohibits
smoking in publicly owned workplaces, in
restaurants, including attached bars, and in public
places. Small
business owners, employing five or
fewer employees, may establish separately enclosed
breakrooms for smoking, as long as employees,
other than custodial or maintenance
employees, are not required to work there. See ID
Statutes, §39-5501 et seq. (2004).
[Effective
Date:
R
7/1/04 ]
9. Maine:
State law provides that
all employers must have a written policy on smoking
that aims to protect the employer and employees
from the detrimental effects of
smoking by others; the policy must prohibit smoking
except in designated smoking areas. A private club
is exempt if it has a smoking policy
that is mutually agreed on by the employer and all
employees and it the club ensures that only the
employer, employees, members, and
their guests are admitted, and demonstrates by a
secret ballot that a majority of the members have
voted at least once every three
years to allow smoking. See 22 ME Rev. Statutes §
1580-A (1985, 2005). Smoking was prohibited in
restaurants, but not in attached
bars, in 1999. Smoking is now prohibited in all
restaurants, bars, and public places. See 22 ME Rev.
Statutes §1541 et seq. (1999, 2003).
[Effective
Dates: W 1/1/86;
R
1/1/04; B 1/1/04
]
10. Massachusetts:
State law prohibits
smoking in all workplaces, restaurants, and bars,
with limited exceptions for membership
associations and smoking bars,
defined as bars in which 51% or more of the revenue
is generated by the sale of tobacco products.
Smoking is prohibited in specified
public places, although all public places with one
or more employees are covered under the workplace
provisions. See MA General Laws,
Chapter 270, §22. (2004).
[Effective Dates:
W- 7/5/04; R 7/5/04; B 7/5/04
]
11. Minnesota:
State law prohibits
smoking in prohibits smoking in all workplaces,
restaurants, bars, and public places. See MN
Statutes,
§144.411 et seq. (5/16/07).
[Effective Dates:
W - 10/1/07; R 10/1/07; B 10/1/07
]
12. Montana:
State law prohibits
smoking in all workplaces, restaurants, bars
(defined to include casinos), and public places, but
with a
lengthy phase-in period for bars.
See MT Code §50-40-101 et seq. (2005).
[Effective Dates:
W 10/1/05; R 10/1/05; B 10/1/09
]
13. New Hampshire:
State law prohibits
smoking in workplaces with four or more employees,
except in designated smoking areas. Smoking
is prohibited in all restaurants and
bars and in private clubs when open to the public.
Smoking is prohibited in specified public places;
other public places may have
designated smoking areas. See NH Revised Statutes
Ch. 155, §64 et seq. (4/27/90, 6/19/07).
[Effective
Dates: W - 7/1/93;
R
9/17/07; B 9/17/07
]
14. Louisiana:
State law prohibits
smoking in all workplaces; restaurants, including
attached bars; and public places. Freestanding bars
are
exempt and smoking is permitted in
designated smoking areas in facilities in which
gaming operations are authorized by law, including
facilities licensed for video draw
poker or slot machines. See LA Rev. Statutes
§§40:1300.251 et seq., 40:1300.255, 40:1300.261 et
seq.
(2006).
[Effective Dates:
W 1/1/07; R 1/1/07
]
15. Nevada:
State law prohibits
smoking in all workplaces, restaurants, including
attached bars, and public places. Freestanding bars
and
areas within casinos where minors
are prohibited are exempt. See NV Rev. Statutes Ch.
202 (2006).
[Effective Dates:
W
12/8/06; R -
12/8/06
]
16. New Jersey:
State law prohibits
smoking in all workplaces and public places,
including restaurants and bars, with limited
exceptions for
cigar bars and cigar lounges that
generate 15% or more of their total annual gross
income from the sale of tobacco products and the
rental
of humidors, provided they are
separately ventilated. The gaming areas of casinos
and casino simulcasting facilities are exempt. See
NJ
Statutes §26:3D-55 et seq. (2006).
[Effective
Dates:
W -
4/15/06; R 4/15/06; B 4/15/06
]
17. New Mexico:
State law prohibits
smoking in workplaces, except those with fewer than
two employees that are not open to the public.
Employers in facilities that are
otherwise exempt from law must provide smokefree
work areas for employees who request them.
Smoking is prohibited in all
restaurants, bars, and public places. Gaming
facilities, casinos, bingo parlors, and cigar bars
are exempt. See
NMSA §24-16-1 et seq. (3/13/07).
[Effective
Dates: W - 6/15/07;
R
6/15/07; B 6/15/07
]
18. New York:
State law prohibits
smoking in all workplaces, restaurants, and bars,
with limited exceptions for membership associations,
cigar bars, and restaurants and bars
when being used exclusively for functions for the
primary purpose of promoting and sampling
tobacco products. Smoking is
prohibited in public places. See NY Public Health
Code, Art. 13-E, §1399-N et seq. (2003)
[Effective
Dates:
W-
7/24/03; R 7/24/03; B 7/24/03
]
19. North Dakota:
State law prohibits
smoking in all workplaces; restaurants, except for
separately enclosed bar areas; and public places.
Freestanding bars; areas that are
not commonly accessible to the public and are part
of owner-operated businesses with no other
employees; and separately enclosed,
adult-only areas in truckstops are exempt. See ND
Century Code §23-12-09 et seq. (2005).
[Effective Dates:
W
8/1/05 ; R
8/1/05]
20. Ohio:
State law prohibits
smoking in all workplaces and public places,
including restaurants and bars. See OH Rev. Statutes
Ch. 3794
(2006).
[Effective Dates:
W - 12/7/06; R 12/7/06; B 12/7/06
]
21. Puerto Rico:
Commonwealth law
prohibits smoking in all workplaces and public
places, including restaurants, bars, and casinos.
Smoking is also prohibited in
private cars when there is a minor in a car seat or
a child under age 13 in the car. See Act No. 40
(1993),
Act No. 66 (2006).
[Effective Dates:
W - 3/2/07; R 3/2/07; B 3/2/07
]
22. Rhode Island:
State law prohibits
smoking in all workplaces, restaurants, and bars,
with limited exceptions for smoking bars, defined as
bars in which more than 50% of the
revenue is generated by the sale of tobacco
products, and for separately ventilated smoking
gaming
areas in pari mutual facilities.
Employees in pari mutual facilities must be given
the right to opt out of working in a smoking area.
Private
clubs are exempt until 10/1/06.
Smoking is prohibited in public places. RI Superior
Court temporarily ruled on 3/31/05 that all bars and
private clubs must become smokefree
immediately, rather than on 10/1/06, as provided in
statute. The Legislature subsequently enacted
legislation to this effect, to be
effective as of 5/4/05. See RI General Laws, Title
23, Chapter 20.10 (2004)
[Effective Dates:
W- 3/1/05;
R 3/1/05; B 5/4/05
]
23. South Dakota:
State law prohibits
smoking in enclosed workplaces and in restaurants,
except for those licensed to sell alcohol. Smoking
is prohibited in public places. See
SD Code §22-36-2 et seq. (2002).
[Effective Dates:
W 7/1/02 ; R
7/1/02]
24. Utah:
State law prohibits
smoking in all workplaces (except for owner-operated
businesses with no employees and not open to
public),
restaurants, bars, and public
places, but with a lengthy phase-in period for bars.
Most private clubs are exempt until 1/1/07, but some
are
exempt until 1/1/09. See UT Code
§26-38-1 et seq. (1994, 2006); Rule R392-510 (1996).
[Effective
Dates:
W -
5/1/06; R 1/1/95; B
1/1/09
]
25. Vermont:
State law provides that
all employers must have a written smoking policy,
which must prohibit smoking throughout the
workplace or restrict it to
designated enclosed areas. An employer may establish
a smoking policy that permits smoking in designated
unenclosed smoking areas under
specified conditions. Smoking is prohibited in
specified areas used or visited regularly by
non-smoking
employees. See VT Statues Title 18,
§ 1421 et seq. (1987). Smoking is prohibited in all
restaurants, bars, public places, and private clubs.
See VT Statutes Title 18, Chapter 37
(1993, 2005).
[Effective Dates: W
7/1/88;
R
9/1/05; B 9/1/05
]
26. Washington:
State law prohibits
smoking in all workplaces and public places,
including restaurants, bars, and casinos. See
Revised
Code of WA §70.160.020 et seq.
(2005).
[Effective Dates:
W
12/8/05; R 12/8/05; B 12/8/05
]
Note: The following state laws have
been enacted but are not yet in effect:
Illinois enacted
a 100% smokefree workplace, restaurant, and bar law,
which is scheduled to go into effect January 1,
2008.
Maryland enacted
a 100% smokefree workplace, restaurant, and bar law,
which is scheduled to go into effect February 1,
2008.
Oregon enacted a
100% smokefree workplace, restaurant, and bar law,
which is scheduled to go into effect January 1,
2009.
If you have questions about another
states law, please contact us at
anr@no.smoke.org,
or consult
http://slati.lungusa.org.
May be reprinted with appropriate
credit to the American Nonsmokers Rights
Foundation.
© Copyright
1998 2007 American Nonsmokers Rights Foundation.
All rights reserved.
[LS-23]
|
