IPCPR Legislative | Restrictions in New Jersey

Restrictions in New Jersey

nj

Smoking, Age and Sampling Restrictions in New Jersey

New Jersey law prohibits smoking: in indoor public places, including commercial or other office buildings, offices or buildings owned, leased or rented by the State or by a county or municipal government, board of education buildings, theaters or concert halls, public libraries, museums or art galleries, bars, restaurants or other establishments where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment, garages or parking facilities, any public conveyances operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof, licensed health care facilities, patient waiting rooms of the offices of licensed health care providers, licensed child care centers, race track facilities, facilities used for the holding of sporting events, ambulatory recreational facilities, shopping malls or retail stores, hotels, motels, or other lodging establishments, apartment building lobbies or other public areas in otherwise private buildings, passenger elevators in buildings other than single-family dwellings; in indoor public workplaces; and in any area of any building of, or on the grounds of, any elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.

 

N.J. Rev. Stat. § 26:3D-58: Smoking prohibited in indoor public place, workplace

 

The person in control of an indoor public place or workplace must place in every public entrance to the indoor public place or workplace a sign, which must be located so as to be clearly visible to the public and must contain letters or a symbol that contrast in color with the sign, indicating that smoking is prohibited within, except in designated smoking areas. The sign must also indicate that violators are subject to a fine. The person having control of the indoor public place or workplace must post a sign stating “Smoking Permitted” in letters at least one inch in height or marked by the international symbol for “Smoking Permitted” in those areas where smoking is permitted.

 

N.J. Rev. Stat. § 26:3D-61: Signage, requirements

 

The provisions of the Smoke-Free Air Act supersedes any other statute, municipal ordinance, and rule or regulation adopted pursuant to law concerning smoking in an indoor public place or workplace, except where smoking is prohibited by municipal ordinance for purposes of protecting life and property from fire or protecting public health, and except for those provisions of a municipal ordinance that provide restrictions on or prohibitions against smoking equivalent to, or greater than, those provided under state law.

 

N.J. Rev. Stat. § 26:3D-63: Supersedure of other law, etc.

 

Exemptions

 

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

  • Any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located.
    • The registration shall remain in effect for one year and will be renewable only if:
      • In the preceding calendar year, the cigar bar or lounge generated 15% or more if its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and
      • The cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004.
    • A “cigar bar” is any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
    • A “cigar lounge” is any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
    • Cigar Bars and Cigar Lounges must file an Application for Registration of Exempt Cigar Bar or Lounge (Form OC-53) with the Department of Health.
      http://www.state.nj.us/health/forms/oc-53.pdf
    • Cigar Bars and Cigar Lounges must file an Application for Renewal of Registration of Exempt Cigar Bar or Lounge (Form OC-54) annually.
      http://www.state.nj.us/health/forms/oc-54.pdf
  • Any tobacco retail establishment or any area the tobacco retail establishment provides for the purposes of smoking
    • A “tobacco retail establishment” is an establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.
    • Tobacco Retail Establishments must submit a Notice of Claim of Exemption of Tobacco Retail Establishment (Form OC-51) with the Department of Health.
      http://www.state.nj.us/health/forms/oc-51.pdf
  • Any tobacco business when the testing of a cigar or pipe tobacco by heating, burning, or smoking is a necessary and integral part of the process of making, manufacturing, importing, or distributing cigars or pipe tobacco
  • Private homes, private residences, and private automobiles, and
  • The area within the perimeter of:
    • Any casino approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, 10 table games, or some combination thereof approved by the commission, which machines and games are available to the public for wagering, and
    • Any casino simulcasting facility approved by the Casino Control Commission that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least 10 table games, which simulcast facilities and games are available to the public for wagering

 

N.J. Rev. Stat. § 26:3D-57: Definitions relative to smoking, use of electronic smoking devices in indoor public places, workplaces
N.J. Rev. Stat. § 26:3D-59: Exceptions

No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person’s establishment, may sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person under 19 years of age: (1) any cigarettes made of tobacco or of any other matter or substance that can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco; or (2) any electronic smoking device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product.

 

N.J. Rev. Stat. § 2A:170-51.4: Sale, distribution, electronic smoking device to persons under age 19; prohibited; civil penalties

 

Department of Labor and Workforce Development staff reported that minors are permitted to work in a retail establishment at the age of 14.

 

Retailers must post a legible sign at the point of display of tobacco products and at the point of sale. The sign must be at least 6 inches by 3 inches in bold letters at least ¼ inch high and will read as follows:

 

“A person who sells or offers to sell a tobacco product to a person under 19 years of age shall pay a penalty of up to $1,000 and may be subject to a license suspension or revocation. Proof of age may be required for purchase.”

 

N.J. Rev. Stat. § 54:40A-4.1: Sign required; violations, penalties

 

New Jersey 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

 

 

Tobacco samples are subject to the tobacco tax, as the term “sale “ is defined to mean any sale, transfer, exchange, barter, or gift, in any manner or by any means whatsoever.

 

N.J. Rev. Stat. § 54:40B-2

 

A tax license is not required to distribute tobacco products such as cigars, chewing tobacco, pipe tobacco, and moist snuff in New Jersey.

 

New Jersey law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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