New Jersey Smoke-Free Act – Synopsis

The New Jersey Smoke-Free Air Act was passed overwhelmingly by the New Jersey Legislature.  The Senate vote, in December 2005, was 29 to 7.  The Assembly vote, in January 2006, was 64 to 12.  Governor Codey signed the legislation January 15, 2006, effective April 15, 2006. In January, 2010, an amendment was passed to prohibit the use of electronic smoking devices in indoor public places and the sale to minors, which became effective March 13, 2010. The NJ Department of Health issued regulations in May and October 2007 to help implement the 2006 Act, and in 2014 to revise one definition, add in a definition for “hookah” (new) and “electronic smoking device” (electronic smoking devices was already added in 2010 as an amendment to the 2006 Act), and change Appendix H to discuss no smoking on all K-12 school property indoors and outside.

The Act says, “The Legislature finds and declares that … tobacco smoke constitutes a substantial health hazard to the nonsmoking majority … and it is clearly in the public interest to prohibit smoking in all enclosed indoor places of public access and workplaces.”

The law requires smokefree environments in essentially all indoor workplaces and places open to the public including places of business and service-related activities except for a few specifically named exceptions.  Affected sites that must be smokefree include, but are not limited to:

• offices, factories, commercial buildings and facilities, and government facilities
• restaurants, bars, clubs, theatres
• bowling alleys, sports facilities, race tracks, bingo sites
• private clubs, whether social, recreational, civic, fraternal, religious, academic, military, etc.
• shopping malls and retail stores
• all elementary and secondary schools, child care facilities, museums, places of worship
• health care facilities and offices, nursing homes, addiction treatment facilities
• hotels, public transportation vehicles and stations and platforms, parking garages
• apartment building lobbies and public areas in other private buildings

It also prohibits smoking outdoors on the property of any public or nonpublic elementary or secondary school, in addition to indoor school facilities.

The only specified exceptions where smoking may, but need not, be permitted, are:

• the gaming area of a casino that contains at least 150 stand-alone slot machines, or 10 table games, or some combination thereof approved by the Casino Control Commission
• an area within a casino simulcasting facility with a simulcast counter and dedicated seating for at least 50 simulcast patrons or at least 10 table games
• a cigar bar or lounge that is entirely enclosed and separately ventilated, and that was in existence and generated 15% or more of its annual gross income from tobacco products sales (not including cigarettes) and humidor rentals before December 31, 2004, and which has not expanded or changed its location since 2004 (plus additional restrictions);
• a tobacco retail establishment in which at least 51% of business is the sale of tobacco products (not including cigarettes) and accessories and in which the sale of other products is merely incidental
• any tobacco business where the testing of a cigar or pipe tobacco by burning or smoking is a necessary and integral part of the manufacturing, etc.
• private homes, private residences, and private automobiles

The legislation, in an earlier proposed version, excepted sites owned and operated by social and fraternal organizations, when used by members, and in which all services are performed by members who do not receive compensation of any kind. But that exception, which was only to have been a two years’ exception, was removed from the final, enacted law. Both the legislation’s co-sponsor, Senator Adler, and the Senate Health Committee Chairperson, Senator Vitale, have publicly stated that private clubs are included.

Additionally, a hotel or motel may, but need not, permit smoking in a maximum of 20% of its guest rooms.

For a more complete description of exceptions, click here

Enforcement is by the New Jersey Department of Health or the local board of health.  A person having control of an indoor workplace or public place shall order any person smoking in violation of the act to comply.  A person who smokes in violation is subject to a minimum fine of $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense.

An indoor public place or workplace in violation of the act, that fails to comply with the act following written notice, is subject to minimum fine of $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense.  In addition, the court may order immediate compliance with the provisions of the act.

Municipalities may enact ordinances which provide restrictions on or prohibitions against smoking equivalent to, or greater than, those provided under this law, including different enforcement procedures and additional penalties.

To see the full text of the New Jersey Smoke-Free Air Act (P. L. 2005, Chapter 383, C.26:3D-55 et seq.) on the New Jersey State Legislature website, click here.

Please note: The information presented on this website is not intended as, nor to be construed, or used, as legal advice, and should not be used to replace the advice of your legal counsel.