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. Go to the NJ SFAA section of the New Jersey GASP website
(www.njgasp.org) 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
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
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".
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
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
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)
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
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
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
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)
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)
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)
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
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
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
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
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.
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
School curriculum
All public schools shall provide instructional programs on tobacco
in grades K through 12. NJSA 18A:40A-1 through 7
Tobacco products
as prizes
It is prohibited for charitable games of chance to offer tobacco products
as prizes. NJAC 13:47-6.19
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 distrubution within New Jersey. NJSA 54:40B-3
