Smoke-Free Law

North Dakota Voted to Become Smoke-Free
North Dakota voted to become smoke-free on November 6, 2012. Every county in the state voted in favor of the law, which advances public health by protecting more workers, residents and visitors from secondhand smoke exposure in public places and places of employment.

When did the law take effect?
December 6, 2012.

What is covered by North Dakota’s smoke-free law?
The law protects people from exposure to secondhand smoke:

• In all enclosed areas of public places and places of employment such as restaurants, bars, truck stops, guest rooms and common areas within hotels and motels, healthcare facilities, long-term care centers, assisted living centers, licensed adult day care facilities, retail tobacco stores, hookah establishments, workplace vehicles, charitable gambling and gaming licensed facilities, and places of public access that may be leased for private functions.

• Enclosed area means all space between a floor and ceiling that has thirty-three percent or more of the surface area of its perimeter bounded by opened or closed walls, windows or doorways. A wall includes any physical barrier regardless of whether it is open or closed.

• Within twenty (20) feet of entrances, exits, operable windows, air intakes and ventilation systems of an establishment in which smoking is prohibited by the law.

Electronic Cigarettes:
The use of electronic cigarettes is prohibited in all places where smoking is not allowed under the law.

The law does not restrict smoking:
• In private residences (unless the residence is used as a childcare, adult day care, or health care facility subject to licensure by the Department of Human Services)

• In areas not commonly accessible to the public that are part of an owner operated business having no employees other than the owner operator.

• At outdoor places that are more than twenty (20) feet from entrances, exits, operable windows, air intakes and ventilation systems of an establishment in which smoking is prohibited.

• As part of a traditional American Indian spiritual or cultural ceremony.

Read the entire law here

Smoke-Free Law Brochure available here