IPCPR Legislative | Restrictions in Pennsylvania

Restrictions in Pennsylvania

pennsylvania

Smoking, Age and Sampling Restrictions in Pennsylvania

Pennsylvania law prohibits smoking in public places, defined as enclosed areas that serve as workplaces, commercial establishments, or areas where the public is invited or permitted, including: facilities that provide education, food, or healthcare-related services; vehicles used for mass transportation, such as trains, subways, buses, chartered buses, planes, taxicabs, and limousines; train stations, subway stations, and bus stations; public facilities and private homes that provide child-care or adult day-care services; and sports or recreational facilities, theaters, or performance establishments.

 

35 Pa. Cons. Stat. § 637.3
35 Pa. Cons. Stat. § 637.2

 

Tobacco use or possession by pupils or any other person is prohibited: in school buildings; on buses, vans, or other vehicles owned by, leased by, or under the control of a school district; and on property owned by, leased by, or under the control of a school district. However, the board of school directors may designate certain areas where tobacco use by persons other than pupils is permitted, as long as these areas are at least 50 feet from school buildings, stadiums, or bleachers.

 

35 Pa. Cons. Stat. § 1223.5

 

No political subdivision has the authority to adopt or enforce any ordinance, regulation, or resolution that conflicts with state law, and state law supersedes any ordinance, resolutions, or regulation adopted by a political subdivision concerning smoking in a public place.

 

35 Pa. Cons. Stat. § 637.11

 

Exemptions

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

  • A private home, private residence or private vehicle unless the private home, private residence or private vehicle is being used at the time for the provision of child-care services, adult day-care services or services related to the care of children and youth in State or county custody
  • Designated guest rooms in a lodging establishment or a full-service truck stop
  • A workplace of a manufacturer, importer or wholesaler of tobacco products; a manufacturer of tobacco-related products, including lighters; a tobacco leaf dealer or processor; or a tobacco storage facility
  • Long-term care facilities and separate enclosed rooms in residential adult care facilities, community mental health care facilities, and drug and alcohol facilities
  • A private club that has taken and recorded a vote of its officers, except where the club is open to the public through general advertisement for a club-sponsored event or leased or used for a private even that is not club-sponsored
  • A place where a fundraiser is conducted by a nonprofit and charitable organization one time per year if all of the following apply:
    • The place is separate from other public areas during the event
    • Food and beverages are available to attendees
    • Individuals under 18 years of age are not permitted to attend
    • Cigars are sold, auctioned, or given as gifts, and cigars are a feature of the event
  • An exhibition hall, conference room, catering hall, or similar facility used exclusively for an event to which the public is invited for the primary purpose of promoting or sampling tobacco products if all of the following apply:
    • Service of food and drink is incidental
    • The sponsor or organizer gives notice in all advertisements and other promotional materials that smoking will not be restricted
    • At least 75% of all products displayed or distributed at the event are tobacco or tobacco-related products
    • Notice that smoking will not be restricted is prominently posted at the entrance to the facility
    • *A single retailer, manufacturer, or distributor of tobacco may not conduct more than 6 days of a promotional event in any calendar year
  • A tobacco shop, defined as a business establishment whose sales of tobacco and tobacco-related products, including cigars, pipe tobacco and smoking accessories, comprise at least 50% of the gross annual sales
  • A cigar bar, defined as either of the following:
    • An establishment which, on the effective date of this section, operates pursuant to an eating place retail dispenser’s or restaurant liquor license under the Liquor Code, and is physically connected by a door, passageway, or other opening and directly adjacent to a tobacco shop
    • An establishment which, at any time, operates pursuant to an eating place retail dispenser’s license, malt or brewed beverage distributor’s license, or restaurant liquor license under the Liquor Code, and has total annual sales of tobacco products, including tobacco, accessories, or cigar storage lockers or humidors of at least 15% of the combined gross sales of the establishment
  • A drinking establishment, defined as either of the following:
    • An establishment which:
      • operates pursuant to an eating place retail dispenser’s license, restaurant liquor license, or retail dispenser’s license under the Liquor Code;
      • has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales of the establishment; and
      • does not permit individuals under 18 years of age
    • An enclosed area within an establishment which:
      • operates pursuant to an eating place retail dispenser’s license, restaurant liquor license or retail dispenser’s license under the Liquor Code;
      • is a physically connected or directly adjacent enclosed area which is separate from the eating area, has a separate air system and has a separate outside entrance;
      • has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales within the permitted smoking area of the establishment; and
      • does not permit individuals under 18 years of age
    • Designated areas of the gaming floor at a licensed facility
    • A designated outdoor smoking area within the confines of a sports or recreational facility, theater, or performance establishment

 

In order to be exempt from the general ban on smoking, a drinking establishment, cigar bar, or tobacco shop must submit an Application for Exception to Permit Smoking (https://app3.health.state.pa.us/ciaa/public/exceptionapp.aspx).

 

35 Pa. Cons. Stat. § 637.3(c)(1)

Individuals under 18 years of age cannot purchase or attempt to purchase a tobacco product or knowingly falsely represent himself to be at least 18 years of age for the purpose of purchasing or receiving a tobacco product. This prohibition does not apply if (1) the minor is at least 14 years of age; (2) the minor is an employee, volunteer, or an intern with a retailer; (3) the minor is acting within the scope of assigned duties as part of a retailer-organized self-compliance check; and (4) the minor does not use or consume a tobacco product.

 

18 Pa. Cons. Stat. § 6305

 

Similarly, it is illegal to sell or furnish by purchase, gift, or other means a tobacco product to a minor.

 

18 Pa. Cons. Stat. § 6305

 

State provisions relating to the sale of tobacco preempt and supersede any local ordinance or rule concerning the same subject matter, except for local regulations enacted prior to January 1, 2002.

 

53 Pa. Cons. Stat. § 301

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 Pennsylvania, it is illegal for a person to furnish tobacco products to a minor.

 

18 Pa. Cons. Stat. § 6305

 

State provisions relating to the sale of tobacco preempt and supersede any local ordinance or rule concerning the same subject matter, except for local regulations enacted prior to January 1, 2002.

 

53 Pa. Cons. Stat. § 301

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