August 1, 2013 amends North Dakota’s smoke free law: N.D.C.C. 23-12-9 to 23-12-12
Full text of North Dakota's new smoke-free law
North Dakota Voted to Become Smoke-Free
On November 6, 2012, every county in the state voted in favor of becoming smoke-free. Here’s a map of the counties and the percentages that they voted in favor of the law. The law advances public health by protecting more workers, residents and visitors from secondhand smoke exposure in public places and places of employment.
Dangers of secondhand smoke
Secondhand smoke has been proven to cause numerous health problems ranging from heart disease to emphysema, stroke, SIDS and cancer. Secondhand smoke contains many toxic chemicals including formaldehyde, cyanide, carbon monoxide, ammonia, and nicotine. Exposure to secondhand smoke causes preventable deaths in the U.S. population from lung cancer and cardiac related illnesses. There is no safe level of exposure to secondhand smoke.
Source: Centers for Disease Control and Prevention: Smoking and Tobacco Use
The information provided does not represent a legal interpretation and is provided as guidance in understanding North Dakota’s smoke-free law. Questions regarding legal interpretation should be referred to your state’s attorney or your local attorney.
When will the new law take effect?
December 6, 2012, which is thirty (30) days after the passage of the initiated measure.
What will be covered by North Dakota’s new smoke-free law?
North Dakota’s new smoke-free law advances public health by protecting more workers, residents and visitors from secondhand smoke exposure in public places and places of employment.
The new law will protect 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.
The use of electronic cigarettes is prohibited in all places where smoking is not allowed under the law.
To learn more about electronic cigarette use go to U.S. Food and Drug Administration
The new 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.
Reporting a violation:
• Violations to the new smoke free law can be reported to your state’s attorney, or to state or local law enforcement agencies. For more information contact your local public health unit.
• The law will be enforced by the North Dakota State’s Attorneys.
• State and local law enforcement agencies may enforce provisions of the law by seeking injunctive relief.
Fines and Penalties:
• The fine for an infraction by an individual who smokes in violation of the law is not to exceed $50 per offense.
• The fine for an infraction by an owner, manager, or person of general supervisory responsibility of an establishment that does not comply is not to exceed $100 for the first violation, not to exceed $200 for a second violation within one year, and not to exceed $500 for each additional violation within one year of the preceding violation.
• A proprietor's violation of the law may result in suspension or revocation of a permit or license issued to that proprietor for the establishment where the violation occurred.
• Each day on which a violation of this law occurs shall be considered a separate and distinct violation.
Aspects of the 2005 state smoke-free law that the new law does not change
• How the law applies to state agencies and tribal lands.
• The law does not prevent cities from adopting smoke-free laws that provide additional protections against secondhand smoke beyond those contained in the state law.
What should I do if one of my customers is smoking in violation of the law?
Direct a person who is smoking in violation of the law to extinguish the product being smoked. If the person does not stop smoking, the owner, operator, manager, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, operator, manager, or employee shall immediately report the violation to an enforcement agency.
Some steps the law requires proprietors to take:
· Remove ashtrays from any area where smoking is prohibited
· Post smoke-free signage at every entrance.
· Communicate to all existing employees and to all prospective employees upon their application for employment that smoking is prohibited in all enclosed areas of public places and places of employment.
How can I find more information?
For more information, contact the North Dakota Center for Tobacco Prevention & Control Policy at 1.877.277.5090 or firstname.lastname@example.org, or contact your local public health unit.
North Dakota’s New Smoke Free Law
To review the full text of North Dakota’s new smoke-free law, go to N.D.C.C. 23-12-09 to 23-12-11
Cities with Comprehensive Smoke-free Ordinance Prior to New Law
Cities with comprehensive smoke-free ordinances in effect prior to the new statewide smoke-free law will find that many of the provisions of the new state law are already in place. There may also be some provisions within a city ordinance that provide additional protections against secondhand smoke beyond those contained in the state law. Contact your local public health unit, city attorney or local authority to find out more about the smoke-free law in your community.
Where can North Dakotans get help to quit using tobacco?
Smokers or spit-tobacco users who want to quit can call the North Dakota Tobacco Quitline toll-free at 1-800-QUIT-NOW (1-800-784-8669), or go to NDQUITS.