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HomeMy WebLinkAboutTobacco Shops Fact Sheet
Minnesota Department of Health Fact Sheet August 2007
Freedom to Breathe in Tobacco Products Shops
How the Freedom to Breathe Provisions apply to Tobacco Product Shops
BackgroundSign posting requirements
The Freedom to Breathe (FTB) provisions were If sampling of lighted tobacco products is
signed into law by Governor Tim Pawlenty on permitted anywhere within the indoor area of a
May 16, 2007, to protect employees and the tobacco products shop, the proprietor or other
public from the health hazards of secondhand person in charge must post a sign on or
smoke. The FTB provisions are an expansion immediately inside of all shop entrances that
of the current Minnesota Clean Indoor Air Act states: “Smoking is prohibited, except in
(MCIAA); the new provisions become effective designated areas.” In addition, any locations
on October 1, 2007. within a tobacco products shop where sampling
is allowed must be designated with signs that
The FTB provisions describe where smoking is state: “Smoking permitted,” the international
prohibited, outline the responsibilities of smoking-permitted symbol, or both.
employers, managers and other persons in
Definition of “indoor area”
charge and list exemptions within the amended
MCIAA that affect their facilities. This fact
“Indoor Area” means all space between a floor
sheet explains how the new provisions of the
and a ceiling that is bounded by walls,
law affect tobacco products shops.
doorways, or windows, whether open or closed,
covering more than 50 percent of the combined
Permitted sampling of tobacco
surface area of the vertical planes [wall space]
FTB provisions allow the lighting of tobacco constituting the perimeter of the area, whether
within the indoor area of a tobacco products temporary or permanent. A [standard] window
shop “by a customer or potential customer for screen is not considered a wall.
the specific purpose of sampling tobacco
products.”
Outdoor smoking
The FTB provisions do not prohibit outdoor
Tobacco products shop defined
smoking, regardless of distance from building
All
of the following criteria must be met for a
openings such as doors, windows and
retail establishment to allow lighting of tobacco
ventilation intakes.
for sampling purposes.
The retail establishment must have an
Compliance and enforcement
entrance door opening directly to the
As part of the Minnesota Department of
outdoors.
Health’s (MDH) compliance strategy, emphasis
Greater than 90 percent of the shop’s gross
will be placed on educating the public and
revenue must be from the sale of tobacco,
business owners on the new provisions. MDH
tobacco products or smoking related
has compliance authority over the MCIAA and
accessories.
may delegate compliance activities to local
“Tobacco Products Shop” does not mean a
units of government. MDH, a local board of
tobacco department or section of any
health or any affected person can request a
individual business establishment with any
court order directing a repeat MCIAA violator
type of liquor, food or restaurant license.
to stop.
Minnesota Department of Health
P.O. Box 64975
St Paul, MN 55164-0975
651-201-4601
mciaa@health.state.mn.us
2007 Freedom to Breathe in Tobacco Products Shops – page 2
In addition to the compliance authority
provided to MDH and local units of
government, local law enforcement has the
authority to issue petty misdemeanor citations
to proprietors or individuals who knowingly
fail to comply with the MCIAA.
Retaliation prohibited
An employer, manager or other person in
charge cannot fire, refuse to hire, penalize,
discriminate or retaliate against an employee,
applicant, or customer who exercises any right
to a smoke-free environment provided under
the MCIAA.
Local government ordinances
Local governments retain the authority to adopt
and enforce more stringent measures to protect
individuals from secondhand smoke.
For more information
Contact the Minnesota Department of Health to
receive a copy of the MCIAA, or to receive
additional educational materials please visit the
MDH website at:
www.health.state.mn.us/freedomtobreathe
Minnesota Department of Health
P.O. Box 64975
St. Paul, MN 55164-0975
651-201-4601
800-798-9050 (toll-free outside the metro area)
651-201-5797 (TTY)
mciaa@health.state.mn.us
Last updated 8/14/07