Frequently Asked Questions About the New Jersey Smoke-Free Air Act (NJ SFAA)

What's the essence of the law?

• 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 all the property of elementary and secondary schools, both public and private.

For a synopsis of the law, click here. For the full text of the law, click here.

Are there any exceptions to the law?

Yes, smoking may (but need not) be permitted in the gaming areas of casinos and casino simulcasting facilities, in a maximum of 20% of hotel guest rooms, and, subject to significant restrictions, in cigar bars and cigar and pipe stores and manufacturing and distributing businesses. Private residences and private automobiles are excepted.

For a synopsis of the exceptions, click here. For the full text of the law, click here.

Are there smokefree laws like this elsewhere?

Yes, other U.S. states, U.S. local governments, and foreign nations have smokefree air laws.

Eighteen U.S. states plus Puerto Rico and Guam now have statewide 100% smokefree air legislation for workplaces, and/or restaurants, and/or bars. Ten also include casinos. All of them but Guam make workplaces smokefree; all but Maryland make restaurants smokefree; all but six make bars smokefree. The states with legislation, which contain approximately half the U.S. population, are (listed from east to west):

More than 2,000 U.S. municipalities and counties have local laws restricting smoking and approximately 500 municipalities and counties in more than 30 states have 100% smokefree laws for workplaces and/or restaurants and/or bars.

Eleven of Canada's 13 provinces have smokefree laws and about a dozen other nations, including Cuba, Ireland, Spain, and Italy, have significant smokefree air legislation.

Americans for Nonsmokers' Rights tracks local, state, and foreign smokefree air laws. To go to their lists, 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.

This page updated April 11, 2006.