Clean Indoor Air
Clean Indoor Air Act
Sec. 19a-342. - Secondhand Smoke in the Work Place (24 KB MS Word)
CT General Statute Sec. 19a-342 prohibits smoking in workplaces with 5 or more employees and in restaurants and bars. The primary reason behind the Act is to protect employees from the health risk associated with secondhand smoke. The following is a summary of the Act.
Effective October 1, 2003
- Smoking is prohibited in all restaurants
- Smoking is prohibited in all bars except those holding cafe or tavern permits
- Smoking is prohibited in outside seating of a restaurant that has a ceiling or other type of covering. Outside seating that does not have a ceiling or other type of covering must have 75% of that seating designated smoke free
- Smoking is prohibited in all workplaces with 5 or more employees. There can be a smoking room designated for employees that conform to OSHA guidelines for ventilation and guidelines set forth in Sec 19a-342
- Businesses with less than 5 employees must provide a smoke free environment upon request from an employee
- Smoking is prohibited in establishments with the following liquor permits: hotel, restaurant, juice bar, university, resort, railroad, airline, bowling establishment, racquetball facility, special sporting facility, nonprofit theater, nonprofit public museum
- Smoking is prohibited in private institutions of higher education
- Hotels must maintain 75% of rooms smoke free
Effective April 1, 2004
- Smoking is prohibited in bars holding cafe or tavern permits
- Smoking is prohibited in Off Track Betting establishments
Sec. 19a-342 also prohibits smoking in the following establishments:
- Retail food stores
- Hospitals, nursing homes, rest homes, homes for the elderly, home health care agencies, and infirmaries, both public and private.
- Buildings owned or leased by the state or any political subdivision of the state
- School buildings during school hours and activities
- Elevators, private or publicly owned
- Dormitories in public institution of higher education
Note: The Connecticut Department of Mental Health and Addiction Services requires all state mental health facilities to be smoke-free, and The Joint Commission of Hospitals and Organizations requires its members to be smoke-free
Exceptions to the Law
- Private club with liquor permits as of May 1, 2003
- Tobacco bars pursuant to Chapter 545 that, in the calendar year ending December 31, 2003, generated 10% or more of its total annual gross income from the on-site sale of tobacco products
- Correctional facilities
- Smoking areas of psychiatric facilities
- Public housing projects
- Classrooms where smoking is part of medical or scientific research
- Testing areas of a business that is engaged in the testing or development of tobacco or tobacco product
Requirements of the Law and Penalties
Restaurants and Bars
- All restaurants and bars must be smoke free regardless of the number of employees. Establishments with a cafe or tavern permit or the bar area of a bowling alley and in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games must be smoke-free by April 1, 2004
- Restaurants and bars must post signs stating smoking is prohibited by state law. This sign must be prominently posted and maintained and any such removal of this sign is punishable by law up to $99.
- Smoking is prohibited in outside seating of a restaurant that has a ceiling or other type of covering. Outside seating that does not have a ceiling or other type of covering can have up to 25% of the seating designated as smoking. Signs must be posted designating smoking area.
- Any patron or employee found guilty of smoking in violation of Public Act 03-45 is subject to an infraction punishable up to $99. In addition, any employer who allows smoking in an area or establishment that is regulated by this Act is subject to administrative enforcement by the Connecticut State Department of Consumer Protection and the Department of Labor.
Businesses Employing 5 or More Employees
- Employers must post signs that state smoking is prohibited pursuant to state law. Signs must be positioned so that both employees and visitors can readily see them. The lettering on such signs must be at least four inches high and one-half inch wide.
Note: For elevators, restaurants, bars, hotels, motels and health care institutions, this specific lettering size is not a requirement.
- Signs must be prominently posted and maintained and any such removal of this sign is punishable by law up to $99.
- Employers may designate their entire facility smoke-free or they may provide one or more smoking break rooms for the use of employees only. Smoking break rooms must be located in non-work areas, where employees are not required to enter to perform their work. Employers who designate smoking break rooms must designate sufficient nonsmoking break rooms for their employees. Appropriate signage must be posted indicating whether an area is a smoking or non-smoking break room.
- Employer designated smoking rooms must exhaust air to the outside, and ventilation must comply with state and federal (OSHA & EPA) ventilation standards.
Business Employing Less than 5 Employees
- Employers must provide a smoke free environment upon request from an employee
- Signs must be posted to designate smoking area. This sign must be prominently posted and maintained and any such removal of this sign is punishable by law up to $99.
- There are a number of agencies with the authority to enforce the various sections the Act including local and state police, the liquor control division of the Connecticut State Department of Consumer Protection and the Connecticut Department of Labor
- Citizens can file a complaint with the local or state police department
- Employees can file a complaint by calling the Connecticut State Department of Labor at 860-566-4550
Other Laws Concerning Smoking
Day Care Centers and Group Day Care Facilities
(Public Health Code Regulations 19a-79-3,c,4)
- Smoking is prohibited in all child day care centers and group day care homes licensed by the State of Connecticut Department of Public Health, except in designated smoking areas.
- Designated smoking areas must be enclosed in a separate part of the facility, away from any children.
- The person in charge of the facility must place signs at all entrances indicating that smoking is prohibited except in designated areas.
- The Connecticut Department of Public Health, Community-based Regulations (860-509-8045) is the enforcement agency.
- Licensure requires adherence to Public Health Regulations.
Other Connecticut laws and regulations prohibit smoking in the following areas:
- Theater auditoriums (Fire Safety Code, Section 29-109-113)
- Areas near flammable and combustible liquids (Fire Safety Code, 29-320 in accordance with NFPA code)
- Bakeries (CT Gen. Stat. 21a-157)
- Pasteurizing plants (CT Gen. Stat. 22-201)
- Food preparation and processing plants (Public Health Code, 19-13,B42)
- Buses and railroad cars (CT Gen. Stat. 53-198)
Tobacco Sales and Youth Access
Connecticut General Statutes 12-285; 12-286; 12-289; 12-299; 12-295; 12-311; 12-312;12-314;12;315;12-330; 53-344
- The legal age for purchase of tobacco products is eighteen.
- Tobacco products include chewing tobacco, snuff, and smoking tobacco.
- Minors (under the age of 18) who illegally purchase tobacco products, falsely claim to be over eighteen years of age, or possess tobacco in any form in any public place can be fined $50 for the first offense and $100 for subsequent offenses. "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
- Anyone delivering tobacco to a minor can be fined up to $200 for the first offense and up to $350 for a subsequent offense within 18 months.
- A store clerk who sells tobacco to a minor can be fined $100 for the first offense and $150 for a subsequent offense within 18 months.
- The Department of Revenue Services Commissioner can suspend or revoke a dealer's or distributor's license for any sale or delivery of tobacco to a minor. Additionally, he will be fined $250 for the first offense and $500 for subsequent offenses.
- Three convictions within an 18 month period will result in suspension of the dealer's or distributor's license in the case of an over the counter sale, or removal of the vending machine for one year in the case of a vending machine sale, as well as a $500 fine.
- All coin-operated cigarette vending machines must be located in places restricted to adults. Businesses not able to meet this requirement must place their machines in direct view of a supervising adult employee, but not in an entry, exit, vestibule, lobby, or rest room.
- By July, 1998 all businesses without an adult area must convert their machines to be "restricted" vending machines. A restricted vending machine sale requires that a salesperson make the age requirement identification and monetary exchange and then activate the machine to dispense a single pack of cigarettes.
- Promotional giveaway of cigarettes is restricted to places licensed to sell tobacco or to places that are restricted to adults. The licensed dealer or distributor in charge of the giveaway is liable for illegal gift to a minor.
- All vendors of tobacco are to post the legal requirements for purchase at the point of sale, including the front of vending and restricted vending machines.
- The law allows towns and municipalities to impose more restrictive conditions on the use of vending machines for the sale of cigarettes.
- Beginning January, 1998, and annually thereafter, the Commissioner of the Department of Revenue Services must report to the State General Assembly the number of unannounced inspections and the number of enforcement actions taken.
- To report violations or to request enforcement, contact your local police department.
- To report repeat violations, call the Department of Revenue Services at (860) 297-5650
For further information on these laws, contact:
The State of Connecticut Department of Public Health
Tobacco Use Prevention and Control Program
For further information on youth access laws, contact:
The State of Connecticut of Mental Health and Addiction Services Tobacco Compliance Officer 860-418-6940 Toll Free: 877-331-1999 or www.ct.gov/dmhas/tpep
This information is not intended to substitute advice from your legal professional.
Back to Top
Back to Homepage
Content Last Modified on 5/3/2010 1:48:16 PM