Dining Legislation, Litigation

The New Jersey Smoke-Free Air Act (NJ SFAA) was passed by the New Jersey legislature and signed by the Governor in January, 2006. Effective April 15, 2006, the new law requires smokefree environments in essentially all indoor workplaces and places open to the public, except gaming floors in casinos. Click here to go to the NJ SFAA section of this website where you’ll find information on the provisions of the law, enforcement, implementation, using local laws to enhance and augment the law, background, other assistance, etc.

Information about other, older state tobacco-control legislation is available below. Note: the NJ SFAA replaces some of the older state laws.

Local Dining Legislation:

New Jersey State Laws on Tobacco Smoke in Restaurants:

The Legislature finds and declares that, in addition to the deleterious effects upon smokers, tobacco smoke is: (1) at least an annoyance and a nuisance to a substantial percentage of the nonsmoking public; and (2) a substantial health hazard to a smaller segment of the nonsmoking public. Therefore, the Legislature finds that it is in the interest of the public health to encourage restaurants to establish nonsmoking areas. NJSA 26:3E-7.

This Act does not apply to any bar. All restaurants shall post signs notifying customers that either: (1) the restaurant offers a nonsmoking area; or (2) the restaurant does not offer a nonsmoking area; or (3) the restaurant has installed air cleaners that meet the standards of the Building Officials and Code Administrators (BOCA) Basic National Building Code 1984. NJSA 26:3E-8 through 9.

Smoking may be prohibited by municipal ordinance under authority of NJSA 40:48-1 and 40:48-2 or by any other statute or regulation adopted pursuant to law for purposes of protecting life and property from fire. [NJSA 40:48-2 empowers municipalities to enact ordinances to preserve the public health, safety, and welfare of the municipality and its inhabitants.] NJSA 26:3E-10.

Maximum fines: (1) $25 for the smoker; enforced by municipal or county health official or other public servant who shall order compliance by the smoker in violation (the owner, manager, or person in charge of the restaurant is not responsible for enforcement). (2) $25 for the owner, manager, or person in control of the restaurant who, after notice, knowingly fails or refuses to comply; enforced by written complaint filed with the NJDHSS, which shall, by written notice, advise the owner, manager, or person in control of the restaurant, and order appropriate action. Penalties shall be recovered by the New Jersey Commissioner of Health and paid into the state treasury, or by the local board of health and paid into the municipal treasury. Violations shall be enforced in municipal court through a summons or warrant. NJSA 26:3E-7 through 13. All restaurants shall comply with these regulations. NJAC 8:24-13.3.

Note: On August 29, 2000, the Mercer County Superior Court ruled that New Jersey’s tobacco control statutes preempt local ETS legislation, and struck down Princenton’s smokefree indoor air ordinance for workplaces and public places including restaurants and bars. The judge ruled that municipalities can restrict smoking to protect life and property from fire. Princeton did not appeal the court ruling. Other local laws that control indoor smoking in Mercer County and other New Jersey counties have not been challenged and remain intact.

New Jersey State Laws on Tobacco Smoke in Retail Food Establishments:

Employees shall not use tobacco in any form while engeged in food preparation or service, or in equipment or utensil washing or food preparation areas in a retail food establishment. NJAC 8:24-4.2 (b). A retail food establishment includes, but is not limited to, any fixed or mobile retaurant, tavern, bar, nightclub, roadside stand, catering kitchen, deli, and grocery store. NJAC 8:24-1.3. Fine: $50 to $1,000 per offense and/or injunction. Enforced by the NJDHSS or local board of health. Penalities shall be recovered by the New Jersey Commissioner of Health and paid into the state treasury or by the local board of health and paid into the municipal treasury. NJAC 8:24-10.7 and 8:52-3.4, and NJSA 26:1A-9 through 10.

Dining/Restaurant Laws Elsewhere:

Hundreds of local governments and several states have smokefree air laws or smoking-control laws for restaurants and bars.

Americans for Nonsmokers’ Rights tracks local and state smoking control laws for restaurants and bars (and other public places and workplaces). Click here to see their lists.

The American Lung Association tracks state legislation on tobacco. The information is available on their website: www.lungusa.org.

Restaurant Litigation

There have been a number of lawsuits in which employees and patrons have sued restaurants because of secondhand smoke.

The Tobacco Control Resource Center at Northeastern University School of Law publishesSummary of Legal Cases Regarding Smoking in the Workplace and Other Places. It’s not available online (as this is written) but you can get their contact information from their website:www.tobacco.neu.edu.