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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