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The New Jersey Smoke-Free Air Act (NJ SFAA) prohibits smoking in essentially all workplaces and places open to the public, 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. This section contains information on the provisions of the law, enforcement, implementation, using local laws to enhance and augment the law, background, other assistance, etc.
You can see a list of all the pages in all the subsections, and go directly to any page, from the table of contents, below.
The New Jersey Smoke-Free Air Act - summaries, text, rules
more complete description of exceptions to the NJ SFAA, including waiver applications
full text of the NJ SFAA, P. L. 2005, Chapter 383, N.J.S. 26:3D-55 et seq. (on the New Jersey Legislature website)
DHSS rules as adopted on May 21, 2007 in the NJ Register
DHSS addendum to rules adopted on October 15, 2007 in the NJ Register
DHSS rules adopted on May 21, 2007 and amended on October 15, 2007 in the NJ Register (combined)
NJ SFAA outdoor smoking restrictions (under construction)
Enforcement
NJ Department of Health website link to forms (applications for waivers, etc.)
anonymous request for investigation form
notice for violators (to be used by person in charge)
Air Monitoring Study Results Pre- and Post-NJ SFAA
In 2005 and 2006, air measurements of secondhand smoke sized particulate matter were taken in bars, restaurants and casinos in more than 50 sites, in 31 of New Jersey's 21 counties, by Roswell Park Cancer Institute, New Jersey GASP, and the American Cancer Society. The 2005 study showed a higher level of matter than was recommended by the EPA. The 2006 study showed a safe level everywhere except the casinos, which remain at the same horrendous levels for workers and patrons today, since casinos continue to be exempt from the NJ SFAA. Go to our Smokefree Gaming section for current information.
Helping people to quit smoking
tobacco dependence treatment, general info and sources for help
Signs, Materials
Sign Posting is required under the NJ SFAA. Click here to read the requirements.
The New Jersey Department of Health and Senior Services Smoke-Free Air Act website has brochures, fact sheets, signs; to go there, click here.
Local Authority Resolution Project (2004-2005)
GASP's Local Authority Resolution Project encouraged the state legislature to pass the smokefree air act. There were over 350 official resolutions passed from town councils, state and local organizations supporting the NJ SFAA.
This page updated January 28, 2010.
This information is created by the Tobacco Control Policy and Legal Resource Center of New Jersey GASP, which provides expert information, guidance, and technical assistance about policy, legislation, and litigation, especially regarding smokefree air. Major funding for this service is provided by the New Jersey Department of Health and Senior Services (NJ DHSS).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.