IPCPR Legislative | Restrictions in Michigan

Restrictions in Michigan

michigan

Smoking, Age and Sampling Restrictions in Michigan

Michigan law prohibits smoking: in public places, including offices, educational facilities, homes for the aged, nursing homes, county medical care facilities, hospice, hospital long-term care units, auditoriums, arenas, meeting rooms, public conveyances, museums, and concert halls; at meetings of a public body; in places of employment; in child care centers or on real property under the control of a child care center; and in food service establishments, including food service establishments or groups of food service establishments located in a shopping mall.

 

Mich. Comp. Laws § 333.12603(1): Smoking in public place or at meeting of public body prohibited
Mich. Comp. Laws § 333.12604(1): Smoking in a child caring institution or child care center or on the real property under control of institution or center.
Mich. Comp. Laws § 333.12601: Definitions
Mich. Comp. Laws § 333.12905: Food service establishment; smoking prohibited; inspection.

 

The owner, operator, manager, or person have control of a public place, a food service establishment, a casino, or a hotel, motel, or other lodging facility must do all of the following:

  • Clearly and conspicuously post “no smoking” signs or the international “no smoking” symbol at the entrances to and in every building or other area where smoking is prohibited
  • Remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited
  • Inform individuals smoking in violation of this act that they are in violation of state law and subject to penalties
  • If applicable, refuse to serve an individual who is smoking in violation of state law
  • Ask an individual smoking in violation of state law to refrain from smoking and, if the individual continues to smoke, ask him or her to leave the public place, food service establishment, nonsmoking area of the casino, or hotel, motel, or other lodging facility

 

Mich. Comp. Laws § 333.12603(2)-(3): Duties of owner, operator, manager, or persons having control of public place, food establishment, or casino; good faith effort to prohibit smoking.

 

More restrictive local laws and ordinances on smoking are generally allowed. However, a county, city, village, or township map not regulate smoking in food establishments except to the extent necessary to carry out the responsibility of a local health department.

 

Mich. Comp. Laws § 333.12915: Local authority limited; exception.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Cigar bars
    • A “cigar bar” is an establishment or area within an establishment that is open to the public and is designated for the smoking of cigars, purchased on the premises or elsewhere.
    • To qualify for the smoking exemption, the person who owns or operates a cigar bar must have filed an Application for Cigar Bar Exemption from the Smoke Free Law (available at http://www.michigan.gov/documents/mdch/Cigar_Bar_Guidance_and_Affidavit_319572_7.pdf) with the Michigan Department of Community Health by May 31, 2010 and on January 31st of each year after, certifying that the cigar bar:
      • Was in existence on May 1, 2010
      • Generated 10% or more of its total gross annual income from the on-site sale of cigars and the rental of on-site humidors
      • Is located on premises that are physically separated from any areas of the same or adjacent establishment in which smoking is prohibited and where smoke does not infiltrate into those nonsmoking areas
      • Has installed on its premises an on-site humidor
      • Prohibits entry to persons under 18 years of age during the time the cigar bar is open for business
      • Allows only the smoking of cigars on the premises that retail for over $1.00 per cigar, and
      • Prohibits the smoking of all other tobacco products
    • Tobacco specialty retail stores
      • A “tobacco specialty retail store” is an establishment in which the primary purpose is the retail sale of tobacco products and smoking paraphernalia, and in which the sale of other products is incidental. “Tobacco specialty retail store” does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.
      • To qualify for the smoking exemption, the person who owns or operates a tobacco specialty retail store must have filed an Application for Tobacco Specialty Retail Store Exemption from the Smoke Free Law (available at http://michigan.gov/documents/mdch/MichiganTShopAffidavitFINAL_5.19.10_321934_7.pdf) with the Michigan Department of Community Health by May 31, 2010 and on January 31st of each year after, certifying that the tobacco specialty retail store:
        • Was in existence on May 1, 2010
        • Generated 75% or more of its total gross annual income from the on-site sale of tobacco products and smoking paraphernalia
        • Is located on premises that are physically separated from any areas of the same or adjacent establishment in which smoking is prohibited and where smoke does not infiltrate into those nonsmoking areas
        • Has installed on its premises an on-site humidor
        • Prohibits entry to persons under 18 years of age during the time the cigar bar is open for business
      • Gaming areas of casinos that were in existence on May 1, 2010

 

Mich. Comp. Laws § 333.12606a: Cigar bar or tobacco specialty retail store in existence on effective date of section; exemption from smoking prohibition; affidavit; request for additional information; failure to file affidavit.
Mich. Comp. Laws § 333.12601: Definitions

Individuals under 18 years of age cannot purchase, possess, or attempt to purchase or possess a tobacco product or use a tobacco product in a public place, including in public streets, sidewalks, parks, publicly owned or operated buildings, public places of business, or any area open to the general public. Individuals under 18 years of age also cannot present or offer a false or fraudulent proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product. This prohibition does not apply to the handling or transportation of a tobacco product by a minor under the terms of that minor’s employment.

 

Mich. Comp. Laws § 722.642: Prohibited conduct by minor; exceptions.
Mich. Comp. Laws § 722.644: Definitions

 

Staff reported that, although they are not referenced specifically, tobacco products are considered hazardous substances and the selling or handling of tobacco products by any individual under 18 years of age is therefore a prohibited occupation.

 

Mich. Comp. Laws § 409.103: Employment of minor; prohibited occupations; minimum age; exceptions and limitations.
Mich. Admin. Code r. 408.6202: Employment in hazardous occupations prohibited; deviation from rules.
Mich. Admin. Code r. 408.6204: Hazardous substances

 

An employer seeking approval to employ minors age 16 and older in an occupation determined to be hazardous must file an Application for a Deviation from a Hazardous Occupation with the Department of Education. A sample form can be found at: http://www.mrpaonline.org/Portals/0/Resource-Center/Human%20Resources/HR%20Regulations/App%20for%20Deviation%20on%20Hazardous%20Occupation.pdf.

 

Mich. Admin. Code r. 408.6303: Application for deviation from hazardous occupation standards.

 

Similarly, it is illegal to sell, give, or furnish a tobacco product to anyone under 18 years of age unless the minor’s handling or transportation of a tobacco product is under the terms of that minor’s employment. A person who sells tobacco products at retail must post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the Department of Community Health that includes the following statement:

 

“The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties.”

 

If the required sign is more than 6 feet from the point of sale, it must be 5-1/2 inches by 8-1/2 inches and the required statement must be printed in 36-point boldfaced type. If the required sign is 6 feet or less from the point of sale, it must be 2 inches by 4 inches and the required statement must be printed in 20-point boldfaced type.

 

Mich. Comp. Laws § 722.641: Selling, giving, or furnishing tobacco products to minor prohibited; sign required; exception.

 

Michigan law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Michigan, it is illegal to sell, give, or furnish a tobacco product to anyone under 18 years of age unless the minor’s handling or transportation of a tobacco product is under the terms of that minor’s employment.

 

Mich. Comp. Laws § 722.641: Selling, giving, or furnishing tobacco products to minor prohibited; exception.

 

Staff reported that distribution of tobacco product samples in Michigan is subject to the tobacco products tax and licensing requirements.

 

A city, township, village, county, other local unit of government, or political subdivision of Michigan may not impose any new requirement or prohibition pertaining to the sale or licensure of tobacco products for distribution purposes.

 

Mich. Comp. Laws § 205.434: Requirements or prohibitions imposed by local units of government.

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