Dining
Legislation, Litigation
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. Note:
the NJ SFAA replaces some of the older state laws.
Local
Dining Legislation:
New
Jersey State Laws on Tobacco Smoke in Restaurants:
The
Legislature finds and declares that, in addition to the
deleterious effects upon smokers, tobacco smoke is: (1)
at least an annoyance and a nuisance to a substantial percentage
of the nonsmoking public; and (2) a substantial health hazard
to a smaller segment of the nonsmoking public. Therefore,
the Legislature finds that it is in the interest of the
public health to encourage restaurants to establish nonsmoking
areas. NJSA 26:3E-7.
This
Act does not apply to any bar. All restaurants shall post
signs notifying customers that either: (1) the restaurant
offers a nonsmoking area; or (2) the restaurant does not
offer a nonsmoking area; or (3) the restaurant has installed
air cleaners that meet the standards of the Building Officials
and Code Administrators (BOCA) Basic National Building Code
1984. NJSA 26:3E-8 through 9.
Smoking
may be prohibited by municipal ordinance under authority
of NJSA 40:48-1 and 40:48-2 or by any other statute or regulation
adopted pursuant to law for purposes of protecting life
and property from fire. [NJSA 40:48-2 empowers municipalities
to enact ordinances to preserve the public health, safety,
and welfare of the municipality and its inhabitants.] NJSA
26:3E-10.
Maximum
fines: (1) $25 for the smoker; enforced by municipal or
county health official or other public servant who shall
order compliance by the smoker in violation (the owner,
manager, or person in charge of the restaurant is not responsible
for enforcement). (2) $25 for the owner, manager, or person
in control of the restaurant who, after notice, knowingly
fails or refuses to comply; enforced by written complaint
filed with the NJDHSS, which shall, by written notice, advise
the owner, manager, or person in control of the restaurant,
and order appropriate action. Penalties shall be recovered
by the New Jersey Commissioner of Health and paid into the
state treasury, or by the local board of health and paid
into the municipal treasury. Violations shall be enforced
in municipal court through a summons or warrant. NJSA 26:3E-7
through 13. All restaurants shall comply with these regulations.
NJAC 8:24-13.3.
Note:
On August 29, 2000, the Mercer County Superior Court ruled
that New Jersey's tobacco control statutes preempt local
ETS legislation, and struck down Princenton's smokefree
indoor air ordinance for workplaces and public places including
restaurants and bars. The judge ruled that municipalities
can restrict smoking to protect life and property from fire.
Princeton did not appeal the court ruling. Other local laws
that control indoor smoking in Mercer County and other New
Jersey counties have not been challenged and remain intact.
New
Jersey State Laws on Tobacco Smoke in Retail Food Establishments:
Employees
shall not use tobacco in any form while engeged in food
preparation or service, or in equipment or utensil washing
or food preparation areas in a retail food establishment.
NJAC 8:24-4.2 (b). A retail food establishment includes,
but is not limited to, any fixed or mobile retaurant, tavern,
bar, nightclub, roadside stand, catering kitchen, deli,
and grocery store. NJAC 8:24-1.3. Fine: $50 to $1,000 per
offense and/or injunction. Enforced by the NJDHSS or local
board of health. Penalities shall be recovered by the New
Jersey Commissioner of Health and paid into the state treasury
or by the local board of health and paid into the municipal
treasury. NJAC 8:24-10.7 and 8:52-3.4, and NJSA 26:1A-9
through 10.
Dining/Restaurant
Laws Elsewhere:
Hundreds
of local governments and several states have smokefree air
laws or smoking-control laws for restaurants and bars.
Americans
for Nonsmokers' Rights tracks local and state smoking control
laws for restaurants and bars (and other public places and
workplaces). Click
here to see their lists.
The
American Lung Association tracks state legislation on tobacco.
The information is available on their website: www.lungusa.org.
Restaurant
Litigation
There
have been a number of lawsuits in which employees and patrons
have sued restaurants because of secondhand smoke.
The
Tobacco Control Resource Center at Northeastern University
School of Law publishes Summary of Legal Cases Regarding
Smoking in the Workplace and Other Places. It's not
available online (as this is written) but you can get their
contact information from their website: www.tobacco.neu.edu.
Return
to GASP History
This
page updated April 11, 2006.
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