Twenty-two states have passed comprehensive smoke-free legislation that includes offices, restaurants, bars, bingo halls, bowling alleys, nightclubs, and public transportation: California (1998); Delaware (2002); New York (2003); Connecticut (2003); Maine (2004); Massachusetts (2004); Rhode Island (2004); Montana (2005, bars and casinos go smoke-free in 2009); Vermont (2005); Washington (2005); New Jersey (2006); Utah (passed 18 March 2006, comes into force in stages by 2009); Colorado (2006); Hawaii (2006); Ohio (2006) and Arizona (passsed November 2006, comes into force on 1st May 2007); New Mexico (2007); New Hampshire (2007); Minnesota (2007); Illinois (comes into force January 2008); Maryland (comes into force February 2008); Utah (comes into force in stages by 2009) and Oregon (comes into force January 2009).
In addition to this, the territory of Puerto Rico has comprehensive smokefree legislation in place and a number of states have passed partial smoke-free legislation that prohibits smoking in all enclosed premises except for certain hospitality sector premises.
In June 2007 Oregon’s Smokefree Workplace Law was strengthened and from 1 January 2009 more workplaces will become smoke-free. Under legislation which came into force on 1 January 2002 smoking is already prohibited in offices, shops, manufacturing plants, restaurants, indoor entertainment areas and places used for child care. Bars, tobacco retail shops, bowling allies, bingo halls and private residences were all exempt from the law. However from 1 January 2009 bars, bingo halls, bowling alleys, employee break rooms and 75% of hotel and motel guest rooms must be smoke-free. Smoking will also be prohibited within 10 feet of entrances, windows and ventilation intakes of workplaces and public places from this date.
Maryland’s Clean Indoor Air Act was signed into law in May 2007 and enters into force on 1 February 2008. From this date smoking is prohibited in indoor areas open to the public and places of employment. Exemptions to the law include private homes, 25% of hotel and motel rooms, retail tobacco shops, research or educational laboratories used for the conducting scientific research into the health effects of tobacco smoke and facilities used for the manufacturing, importing, wholesale or distribution of tobacco products
The Smokefree Illinois Act was signed into law in July 2007. The Act prohibits smoking in most public places and within 15 feet of entrances to smoke-free premises. There are exemptions for the following: private residences, retail tobacco stores, certain rooms in long-term care facilities and designated hotel and motel rooms. The Act comes into force on 1 January 2008. Further information is available from Illinois Department of Public Health.
The Minnesota Clean Indoor Air Act was extended to include Freedom to Breathe amendments which come into force on 1 October 2007. From 1 October 2007 smoking will be prohibited in almost all indoor public place and workplaces including bars, restaurants and public transport. Smoking will be permitted in retail tobacco shops, family farm buildings and vehicles, commercial vehicles over 26,000 pounds, hotel and motel rooms, during traditional Native American ceremonies, at a Disabled Veteran Rest Camp, during approved scientific studies, and as part of theatrical productions. Further information is available from the Minnesota Department of Health.
On 19 June 2007 the governor of New Hampshire signed a law prohibiting smoking in bars and restaurants, it comes into effect 90 days from 19 June. Smoking is already prohibited in public buildings, offices, schools, shops, hospitals and public transport.
In New Mexico the Dee Johnson Clean Indoor Air Act came into effect on 15 June 2007 prohibiting smoking in enclosed indoor workplaces including bars, restaurants, shops and offices. Smoking is also prohibited within a ?reasonable distance? beyond doorways, windows and ventilation intakes. Exemptions to the Act include private homes, retail tobacco shops and cigar bars, casinos and bingo halls, tobacco manufacturing facilities, private hire limousines, 25% of hotel and motel rooms, non-profit fraternal organizations, enclosed areas within hotels, restaurants and bars being used for private functions and businesses with fewer than 2 employees and site being used for American Indian cultural activities.
The Smokefree Arizona Act was passed by voters in November 2006, it enters into force on 1st May 2007. Under the Act smoking is prohibited in most indoor public places. Smoking is permitted in private residences, designated rooms in hotels and motels, retail tobacco shops, outdoor patios, veteran and fraternal clubs (when not open to the public), as part of a theatrical performance or film and tv productions, as part of religious ceremonies practised pursuant to the the American Indian Relgion Freedom Act, 1978. Further information is available from: Smokefree Arizona (new window)
Ohio’s indoor smoking ban came into effect on 7th December 2006 after being passed by voters on 7th November. Smoking is not permitted in almost all public buildings and places of employment including bars, restaurants and company vehicles. Exemptions are provided for tobacco stores, designated hotel rooms, designated smoking ares in nursing homes, private hooms and vehicles and outdoor patios away from doors and air intake systems. Private clubs which are for members over 18, are non-profit, have no employees and are free standing structures and family businesses which only employ family members are also exempt. No smoking signs showing the free-phone number for reporting breaches must be displayed in smoke-free buildings. Enforcement rules are currently being drawn up and finalised. Further information including links to the legislation is available from the Ohio Department of Health (new window)
In Hawaii Gov. Linda Lingle signed a bill into law on 10th July to prohibit smoking in almost all enclosed or partially enclosed public places and workplaces including in a 20ft smoke-free zone around entrances, exits, windows and ventilation systems. Exemptions to the law include private residences, designated hotel rooms, retail tobacco stores, state correctional facilities and outdoor areas. The Smokefree Hawaii Law was implemented on 16th November 2006.
The Colorado Clean Indoor Air Act came into force on 1st July 2006. Smoking is not permitted in most indoor public places and within 15 feet of a main entryway. Exemptions are provided for: private homes and vehicles unless used for child care; private hire limousines: retail tobacco businesses; the retail floor plans of casinos; airport smoking lounges at Denver International Airport; workplaces with fewer than 3 employees and not accessed by the public; up to 25% of hotel/motel rooms and non-residential buildings on farms with a gross annual income of less than $500 000. Further information is available from: Smokefree Colorado (new window)
The Utah Indoor Clean Air Act was implemented on 1st January 1995. Exceptions were included for: buildings owned or operated by social or fraternal organisations; hotel and motel guest rooms, taverns, private clubs and enclosed smoking areas in passenger terminals of international airports. An exemption was also included for Native American ceremonies. Non-public workplaces were required to establish a written smoking policy by the 1st Febraury 1995 restricting smoking to designated smoking areas.
On the 18th March 2006 Governor Jon Huntsman signed the Amendments to the Indoor Clean Air Act. The Act remove the exemptions for taverns; private clubs; buildings owned or operated by social and fraternal organisations and certain non-public workplaces. From 1st May 2006 smoking will no longer be permitted in fraternal organizations and country clubs. All bars, taverns and private clubs will be smokefree by 2009. Further information is available from the Utah Tobacco Prevention and Control Program (new window)
In New Jersey Acting Governor Richard J. Codey signed the New Jersey Smokefree Air Act on 15th January 2006. The law came into force on 15th April 2006. The following places are exempt from the Act: casinos; cigar bars and lounges that generate 15% or more of their annual gross income from the on-site sale of tobacco products and humidor rentals; tobacco retail establishments; any tobacco business where the testing of a cigar or pipe tobacco is a necessary or integral part of manuafacturing, importing or distribution. Hotels can allocate 20% of guest rooms as smoking. Further information is available from the New Jersey Department of Health and Senior Services (new window)
The Montana Clean Indoor Air Act came into effect on 1st October 2005 prohibits the use of any tobacco products in all public schools and on school property, smoking is prohibited in most indoor public places. Hotel and motels can designate no more than 35% of rooms as smoking, sites used for American Indian cultural activities are exempt. Bars and casinos can apply for a temporary exemption which will expire on 30th September 2009. Further information is available from the Montana Department of Public Health and Human Services (new window)
On November 8, 2005, voters in Washington state overwhelmingly approved Initiative 901 – Clean Indoor Air Act. The law, which came into effect on 8th December 2005, prohibits smoking in all indoor establishments and prohibits smoking within 25ft of doorways, windows and ventilation ducts. Further information is available from the Washington Tobacco Prevention and Control Program (new window)
In January 2006 the District of Columbia Council voted 11-1 in favour of an amendment to the Department of Health Functions Clarification Act of 2001 to prohibit smoking in indoor public places. Bars, taverns and nightclubs were given until 1st January 2007 to become smoke-free. The following places will be exempt: cigar bars and retail tobacco shops; hotel rooms; theatrical performances, outdoor areas of restaurants and taverns; and medical treatment and research institutions where smoking is conducted for medical research or as an integral part of a smoking cessation program. The legislation came into effect on 3rd April 2006. Further information is available from the Department of Health (new window)
Additionally, in California a number of seaside communities have adopted ordinances prohibiting smoking on their beaches, including Los Angeles, Laguna Beach, San Clemente, Santa Monica, Solana Beach, Malibu, Huntington Beach, Carpeteria, and Santa Cruz. Outdoor spaces owned and operated by the city such as parks, gardens and piers are also smokefree. On 17th March 2006 the city of Calabasas adopted an ordinance 2006-217 which bans smoking in outdoor spaces when other people are in the area. Prisons, the only state buildings left in California that still permitted smoking, all went smokefree on July 1, 2005. Assembly Bill 384 prohibits smoking of all tobacco products by prisoners, visitors and prison staff, including correctional officers, whether inside a building or in the yards used by inmates for exercise and recreation. The only exemptions are for the few staff residences on prison grounds, and for Native American religious ceremonies.
Clean Indoor Air Act (new window)
New Jersey Smokefree Air Act (new window)
Initiative 901 – Clean Indoor Air Act (new window)
Comprehensive Secondhand Smoke Control Ordinance (new window)
Arkansas Clean IndoorAir Act (new window)
ASH Scotland
