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Freedom to Breathe FAQs
The Freedom to
Breathe amendments to the Minnesota Clean Indoor Air Act went into effect on
October 1, 2007. The purpose of the law is to protect employees and the public
from the health hazards of secondhand smoke.
Frequently Asked Questions on
provisions in the Minnesota Clean Indoor Air Act:
Are private businesses covered by the law?
Yes. Work places where there
are two or more employees must be smoke-free.
Are designated smoking areas and/or
indoor "smoking rooms" in businesses and other public places prohibited?
Yes.
Smoking rooms and designated smoking areas were to
be phased out by 10-1-07.
What are the responsibilities of
proprietors?
In general, they are required to:
Post "No Smoking" signs at or near all public
entrances;
Ask persons who smoke in prohibited area to refrain
from smoking or require the person to leave the facility if they refuse to
refrain from smoking;
Refrain from providing ashtrays and other smoking
equipment;
Withhold service for noncompliant patrons.
Are there provisions in the law
about smoking outside?
No.
The Minnesota Clean Indoor Air Act does not regulate smoking outside of
buildings regardless of the distance from a building or building opening.
Property owners may create restrictions regarding smoking areas outside of their
buildings on their property. Some counties and cities do prohibit smoking within
a certain distance of building entrances and at parks and recreation areas.
Can cities and counties pass
stronger smoking regulations?
Yes. Local governments can adopt more
stringent measures to protect individuals from secondhand smoke.
Are there penalties if a proprietor
allows smoking in areas prohibited by the law?
Yes. Any proprietor or person who owns or
operates the use of the area in which smoking is prohibited and knowingly fails
to comply with the law is guilty of a petty misdemeanor. The Minnesota
Department of Health also has the authority to take enforcement actions that may
include monetary penalties up to $10,000. Local public health agencies may also
impose fines, license suspensions or revocations.
What can I do if I observe a
violation?
If you observe a violation of the Minnesota Clean Indoor Air Act you should
notify management of the facility and ask that corrective action be taken. If
you feel that the situation is not resolved please contact the Minnesota
Department of Health at 651-201-4601 or by e-mail at
mciaa@mnhealth.state.mn.us. MDH
also has a "Compliance Assistance Letter" available for the public to use at:
http://www.health/state/mn/us/freedomtobreathe
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