State
Laws at a Glance
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.
Below
are very short summaries of the laws on tobacco, plus other
laws that can be used to control tobacco use. For more comlete
descriptions of the laws, go to State
Laws on Tobacco in New Jersey. Full text of the laws
can be found at www.njleg.state.nj.us.
For more information, contact New Jersey GASP.
Providing
tobacco to persons under 19 years of age
Sales
to persons under 19 years of age
It is prohibited to sell or give tobacco in any form to
a person under 19. Signs required at all points of display
and sale. It is illegal for anyone 19 or older to purchase
tobacco for a person under 19. NJSA 2A:170-51.1 and 4, NJSA
54:40A-4.1
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Cigarette
vending machines on school property
Cigarette vending machines are prohibited on any property
owned by a school board and used for school purposes. NJSA
18A:36-32
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Tobacco
use
Correctional
facilities
In
March 1994, the Commissioner of the New Jersey Department
of Corrections issued two policies to make most areas of
Department of Corrections complexes and vehicles smokefree.
Exceptions: inmates may smoke in single-occupancy cells
in close custody housing and in designated outdoor areas;
officers may smoke in the institutional towers, in state
owned vehicles if only the driver is present, and in designated
outdoor areas. Enforced by the Inmate Code of Prohibited
Acts or, for employees, consultants, volunteers, and visitors,
by HRB 84-17, E-3, "Smoking Where Prohibited".
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Employment
discrimination
An employer shall not take adverse action against an employee
because the employee does or does not use tobacco, except
on a rational basis reasonably related to the employment.
Does not apply to employee contributions to employer-sponsored
health or life insurance plans. The right to breathe clean
air should supersede smoking. NJSA 34:6B-1 through 2
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Public places
Smoking may be prohibited in any public place, including
outdoor areas and sports facilities, by the person in control
or by municipal ordinance. Signs are required. NJSA 2C:33-13
b and c
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Retail
food establishments
Employees shall not use tobacco in food preparation areas,
or while in food preparation or service or cleaning food
equipment. NJAC 8:24-4.2(b)
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Hotels
and multiple dwellings
The owner shall eliminate or abate any odors from the use
or occupancy of the premises which constitute a nuisance
harmful or potentially harmful to the health and wellbeing
of ordinarily sensitive occupants or users. NJAC 5:10-6.2
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Nuisance
(may apply to hotels, multiple residential, office, and
commercial buildings)
Local
boards of health shall define what constitutes a nuisance
in all public and private places and prohibit any nuisance
or noxious gases which are injurious to health. NJSA 26:3-45
through 63 and NJAC 8:52-3.6 generally. A person commits
a petty disorderly offense if, with purpose to harass, s/he
engages in acts that annoy another person or endanger the
safety or health of a considerable number of persons. NJAC
2C:33-12 through 12.1
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Cosmetology
and hairstyling shops and schools
No licensed practitioner or patron shall smoke while services
are performed. Cosmetology and hairstyling schools shall
not permit smoking in classrooms or clinics. NJAC 13:28-3.3(f)
and 6.14
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Hospitals
shall be smokefree.
Exception: a patient may smoke only if a physician gives
written orders that smoking is in the patient's best interest
and if the room with smoking has a separate ventilation
system. NJAC 8:43G-5.2(m)-(o)
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Residential
health care facilities
Residents shall not smoke in their rooms and other secluded
areas. Smoking by residents may be allowed only in restricted
areas with adequate outside ventilation to prevent recirculation
to other areas. NJAC 8:43-6.1(a)6(i) through (iv)
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Residential
substance abuse treatment facilities
Smoking is prohibited within all buildings, on the grounds,
or in vehicles used to transport patients. NJAC 8:42:A-3.11(a)
and (b)
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School
buses and vehicles
No
smoking on school buses and vehicles even if students are
not present in the vehicle. Applies to public, private,
or professional tranining school buses. 2C:33-13a through
b.
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Public
transportation
No smoking in buses, including school buses, or other public
conveyances except group charter buses, smoking-permitted
cars on trains, limousines or livery services, taxis occupied
only by the driver. NJSA 2C:33-13a through c
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Fireworks
plants and stores
Smoking is prohibited in a fireworks plant or store where
fireworks are sold. Signs are required. NJSA 21:2-18, 19,
30, 35 and 21:1A-130 and 140
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Air
and marine terminals
No smoking in any facility, dock, ship, etc. owned or operated
by the Port Authority where prohibited and posted. NJSA
32:1-146.4 and 5
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Other
laws on tobacco
Ban
on sale of loose cigarettes
Cigarettes
must be sold in a sealed pack of a minimum of 20 cigarettes
per pack (bans the sale of single cigarettes). NJSA 54:40A-1
and 2
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Highway
littering
No person shall throw a cigarette or any substance likely
to cause a fire from a vehicle on a highway. NJSA 39:4-64
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School
curriculum
All public schools shall provide instructional programs
on tobacco in grades K through 12. NJSA 18A:40A-1 through
7
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Tobacco
products as prizes
It is prohibited for charitable games of chance to offer
tobacco products as prizes. NJAC 13:47-6.19
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Tobacco
taxes
Cigarettes are taxed at $2.40 per package. Selling cigarettes
without revenue stamps affixed to each package is prohibited.
NJSA 54:40A-11 and 28
Other
tobacco products are taxed at 30% of their wholesale price
upon their sale, use or distribution within New Jersey.
NJSA 54:40B-3
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This
page updated January 9, 2007
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