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Tobacco Use Prevention
Program (TUPP)

405 W. Fifth St., Ste. 203
Santa Ana, CA 92701
Phone: (714) 541-1444
Fax (714) 796-8261


Tobacco Free Communities
Free Smoking Cessation Services
available in English, Spanish
and Vietnamese
1(866) NEW-LUNG
1(866) 639-5864

 
Tobacco Laws that Affect
Orange County

Environmental Tobacco Smoke

The New Statewide Smoke-free Entryway Law (AB 846)
"Fact Sheet"

What Does the Law Say?
The new law, which originated as Assembly Bill 846 (AB 846), amends California Government Code Sections 7596-7598, to prohibit smoking within 20 feet of a main entrance, exit, and operable window of all public buildings (buildings owned and occupied, or leased and occupied by the state, county, or city) as well as buildings on the campuses of the University of California (UC), California State University (CSU), and California community colleges, effective January 1, 2004.  For the law to be effective, a sign must be posted describing the no smoking prohibition.

What is a "Public" Building?
Section 7596(a) of the law defines a pubic building as "...a building owned and occupied, or leased and occupied by the state, a county, a city, a city and county, or a California community college district." The law applies to all state, county, and city government buildings.  The new law does NOT apply to privately owned buildings unless they are leased or occupied by a state, county, or city agency.

Click here to view/print the sign: AB 846 Sign

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Health & Safety Code § 104495
"Playgrounds or Tot Lots"

This bill prohibits the smoking of tobacco products within 25 feet of a playground or tot lot sandbox area. This bill also prohibits any person from disposing of any cigarette, cigarette butts, cigar butts, or any other tobacco-related waste within these areas. Playground is defined as a park or recreational area specifically designed for use by children that has play equipment installed. This includes facilities located on public or private school grounds, or on city, county, or state park grounds. A tot lot sandbox area is a play area within a public park intended for use by children under five years of age. This bill prohibits any person from intimidating, threatening any reprisal or effecting any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with the provisions of this section. This bill specifies that it does not apply to private property. This bill makes a violation of these provisions an infraction. This bill, by creating a new infraction, would result in a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.
 

Labor Code § 6404.5 (AB 13/3037)
"California Smokefree Workplace Law"

Smoking is prohibited in an "enclosed space" at a "place of employment" (any place where employment is carried on). This law applies to all workplaces meeting the law’s criteria, including bars, dues-paying clubs, fraternal organizations, and veterans clubs.
Exception:
"Place of employment" does not include:

  • A business that is solely operated by the owner(s).
  • Up to 65% of the hotel/motel guestrooms (hotels may choose to be 100% smoke-free, however)
  • Up to 25% or 50% (depending on square footage) of hotel/motel lobbies if designated for smoking by the management. However, smoking is not permitted in a lobby bar.
  • Meeting and banquet rooms in a hotel/motel, except while food and beverage functions are taking place
  • Retail or wholesale tobacco shops and private smokers’ lounges
  • Cabs of trucks or tractors, if nonsmoking employees are not present
  • Warehouse facilities with more than 100,000 square feet of total floor space, and 20 or fewer full-time employees working at the facility, however not in areas utilized as office space
  • Theatrical production sites, if smoking is an integral part of the story
  • Medical research and treatment sites, if smoking is integral to the research and treatment being conducted
  • Private residences, except for those licensed as family day care homes (during hours of operation)
  • Patient smoking areas in long-term health facilities
  • Employee break-rooms designated by employers for smoking, provided they meet the following criteria: (1) air from the room is exhausted directly to the outside by an exhaust fan; (2) the employer complies with applicable state and federal ventilation standards; (3) the room is located in a non-work area; and (4) there are sufficient nonsmoking break-rooms to accommodate nonsmokers
  • Small businesses (with five or fewer employees) when all four of the following conditions are met: (1) the smoking area is not accessible to minors; (2) all employees who enter the smoking area consent to permit smoking; (3) air from the smoking area is exhausted directly to the outside by an exhaust fan; and (4) the employer complies with all applicable state and federal ventilation standards

In addition to the restrictions within Labor Code § 6404.5, the following laws apply:

Health and Safety Code § 1596.795
Smoking on the premises of a licensed day care center is prohibited. Smoking is prohibited in a private residence that is licensed as a family day care home during the hours of operation as a family day care home and in those areas of the family day care home where children are present.
Exception: This law does not prohibit smoking in family day care homes before or after hours of operation as a day care facility.

20 U.S.C. § 6083(b)
Federal law prohibits smoking within any indoor facility used for health care, day care, or early childhood development services for children that are funded by the federal government, or used by the employees of the provider of such services.
Exception: This law does not apply to any private residence or to areas used for inpatient hospital treatment for drug or alcohol addiction.

Government Code §§ 7596-7598
Smoking is prohibited: Inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.

41 C.F.R. § 101-20.105-3
Smoking is prohibited in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

California Rules of Court, Rule 989.5
Smoking is prohibited in all trial and appellate court facilities (courthouses and all areas of multipurpose buildings used for court operations).

Vehicle Code §§ 12523 (d) (2), 12523.5 (d) (2)
Drivers of a "youth bus" (a bus other than a school bus used to transport children) may not smoke while operating the bus. Paratransit vehicle operators may not smoke.

Penal Code § 640
Smoking is not allowed on public transportation in areas where it is prohibited by that system.

Health and Safety Code §§ 118925-118945
Smoking is prohibited on public transportation vehicles such as Amtrak and aircraft or on a public transportation system. No more than 25% of waiting areas may be set aside for smokers. Signs must be posted that smoking by persons waiting in line to purchase tickets is prohibited.

Education Code §§ 48901 (a) – (b)
No elementary or secondary school shall permit the smoking or use of tobacco or nicotine products by students of the school while the students are on campus, or while attending school-sponsored activities, or while under the supervision and control of school district employees.

20 U.S.C. § 6083 (a)
Federal law prohibits smoking within any indoor facility utilized for kindergarten, elementary, or secondary education or library services for children.

California Code of Regulations, Title 15, § 3188
Smoking is prohibited within 5 feet of any entrance or exit to, and within the interior of, any building or the security perimeter of any facility of the Department of Corrections. In addition, no smoking is allowed within any area subject to fire hazards. 
Exception:
This regulation does not apply to residential spaces of staff or to areas designated for the purpose of religious ceremonies. Staff may smoke in an outside area of a facility. Inmates may smoke in the prison yards where smoking is not otherwise prohibited.

California Health and Safety Code § 114020(d)
"California Uniform Retail Food Facilities Law"
Employees may not use tobacco in any form in locations where food is prepared, served, or stored, or where utensils are cleaned or stored.

49 U.S.C. § 41706
"Airline Flights"
Smoking is prohibited on domestic U.S. airline flights. Smoking is also prohibited in foreign air travel arriving in or departing from the U.S. Exception: If a foreign government objects to the prohibition of smoking during foreign air travel, the Secretary of Transportation shall negotiate an alternative.

 
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