IPCPR Legislative | Restrictions in Nebraska

Restrictions in Nebraska

nebraska

Smoking, Age and Sampling Restrictions in Nebraska

Nebraska law prohibits smoking in: places of employment, including work areas, employee break rooms, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and private residences used as child care programs, during hours of operation; and public places, meaning indoor areas to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted.

 

Neb. Rev. Stat. § 71-5729: Smoking in place of employment or public place prohibited
Neb. Rev. Stat. § 71-5724: Place of employment, defined
Neb. Rev. Stat. § 71-5726: Public place, defined

 

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

 

Exemptions

 

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

  • Designated guest rooms in a lodging establishment
  • Indoor areas used in connection with a research study on the health effects of smoking, conducted in a scientific or analytical laboratory
  • **Tobacco retail outlets, meaning stores that sell only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries, or gasoline
  • **Cigar bars, meaning establishments operated by a holder of a Class C liquor license which: (1) do not sell food; (2) annually receive 10% or more of their gross revenue from the sale of cigars and other tobacco products and tobacco-related products; (3) have walk-in humidors on the premises; and (4) do not permit the smoking of cigarettes.

 

Neb. Rev. Stat. § 71-5730: Exemptions
Neb. Rev. Stat. § 71-5728: Tobacco retail outlet, defined
Neb. Rev. Stat. § 53-103.08: Cigar bar, defined

 

The Nebraska Supreme Court recently ruled that the exemptions for tobacco retail outlets and cigar bars constitute unconstitutional special legislation and are therefore invalid. The Nebraska Legislature passed a bill that clarifies its intent in allowing this exemption, and differentiates cigar and pipe tobacco use from general cigarette use.

 

Big John’s Billiards, Inc. v. Nebraska, 288 Neb. 938, 948-50 (2014)
https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/files/sc/opinions/s13-803.pdf

 

Nebraska Legislative Bill 118
http://nebraskalegislature.gov/FloorDocs/104/PDF/Intro/LB118.pdf

 

Neb. Rev. Stat. § 71-5730: Exemptions; legislative findings; legislative intent

Individuals under 18 years of age cannot smoke cigarettes or cigars, use vapor products or alternative nicotine products, or use tobacco in any form whatever. It is also illegal for any person under 18 years of age to obtain cigars, tobacco, cigarettes, cigarette material, vapor products, or alternative nicotine products by representing that he or she is 18 years old or older. Nebraska law contains no specific exception for minor employees of retail tobacco stores.

 

Neb. Rev. Stat. § 28-1418
Neb. Rev. Stat. § 28-1427

 

Similarly, it is illegal for any person to sell, give, or furnish in any way any tobacco in any form whatever to any minor under 18 years of age.

 

Neb. Rev. Stat. § 28-1419

 

The definition of “tobacco specialty store,” requires the establishment to prohibit minors under 18 years of age from entering the premises unless accompanied by a parent or legal guardian.

 

Neb. Rev. Stat. § 28-1418.01

 

Nebraska law contains no specific provisions concerning state preemption of local tobacco 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/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/ucm205020.htm

 

 

In Nebraska, manufacturers, wholesalers, retailers, or their representatives cannot distribute smokeless tobacco products for promotional purposes. “Smokeless tobacco” is defined as (1) loose tobacco or a flat compressed cake of tobacco that may be chewed or held in the mouth; or (2) a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth.

 

Neb. Rev. Stat. § 69-1903
Neb. Rev. Stat. § 69-1902

 

It is also illegal for any person to sell, give, or furnish in any way any tobacco in any form whatever to any minor under 18 years of age.

 

Neb. Rev. Stat. § 28-1419

 

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

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