Minnesota Clean Indoor Air Act

Read more about the Minnesota Clean Indoor Air Act on the Minnesota Department of Health's web site.

 

MINNESOTA CLEAN INDOOR AIR ACT (As of 2007, with Freedom to Breathe provisions)

144.411 CITATION.
Sections 144.411 to 144.417 may be cited as the Minnesota Clean Indoor Air Act.
History: 1975 c 211 s 1

144.412 PUBLIC POLICY.
The purpose of sections 144.411 to 144.417 is to protect employees and the general public
from the hazards of secondhand smoke by eliminating smoking in public places, places of
employment, public transportation, and at public meetings.
History: 1975 c 211 s 2; 1987 c 399 s 1; 2007 c 82 s 2

144.413 DEFINITIONS.
Subdivision 1. Scope. As used in sections 144.411 to 144.416, the terms defined in this
section have the meanings given them.
Subd. 1a. Indoor area. "Indoor area" means all space between a floor and a ceiling that is
bounded by walls, doorways, or windows, whether open or closed, covering more than 50
percent of the combined surface area of the vertical planes constituting the perimeter of the area.
A wall includes any retractable divider, garage door, or other physical barrier, whether temporary
or permanent. A 0.011 gauge window screen with an 18 by 16 mesh count is not a wall.
Subd. 1b. Place of employment. "Place of employment" means any indoor area at which
two or more individuals perform any type of a service for consideration of payment under any
type of contractual relationship, including, but not limited to, an employment relationship with or
for a private corporation, partnership, individual, or government agency. Place of employment
includes any indoor area where two or more individuals gratuitously perform services for which
individuals are ordinarily paid. A place of employment includes, but is not limited to, public
conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities,
theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums,
gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments,
employee medical facilities, and rooms or areas containing photocopying equipment or other
office equipment used in common. Vehicles used in whole or in part for work purposes are
places of employment during hours of operation if more than one person is present. An area in
which work is performed in a private residence is a place of employment during hours of
operation if:
(1) the homeowner uses the area exclusively and regularly as a principal place of business
and has one or more on-site employees; or
(2) the homeowner uses the area exclusively and regularly as a place to meet or deal with
patients, clients, or customers in the normal course of the homeowner's trade or business.
Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the general
public, including, but not limited to, restaurants; bars; any other food or liquor establishment;
retail stores and other commercial establishments; educational facilities other than public
schools, as defined in section 120A.05, subdivisions 9, 11, subdivision 13; hospitals; nursing
homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings.
Subd. 3. Public meeting. "Public meeting" includes all meetings open to the public pursuant
to section 13D.01.
Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted cigar,
cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a
lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for
inhalation.
Subd. 5. Public transportation. "Public transportation" means public means of
transportation, including light and commuter rail transit; buses; enclosed bus and transit stops;
taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee;
and ticketing, boarding, and waiting areas in public transportation terminals.
History: 1975 c 211 s 3; 1992 c 576 s 1; 1994 c 520 s 1; 1998 c 397 art 11 s 3; 1999 c 245
art 2 s 24; 2007 c 82 s 3-7

144.414 PROHIBITIONS.
Subdivision 1. Public places, places of employment, public transportation, and public
meetings. Smoking shall not be permitted in and no person shall smoke in a public place, at a
public meeting, in a place of employment, or in public transportation, except as provided in this
section or section 144.4167.
Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed under
Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day
care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its
hours of operation. The proprietor of a family home or group family day care provider must
disclose to parents or guardians of children cared for on the premises if the proprietor permits
smoking outside of its hours of operation. Disclosure must include posting on the premises a
conspicuous written notice and orally informing parents or guardians.
Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of a
hospital, health care clinic, doctor's office, licensed residential facility for children, or other
health care-related facility, except that a patient or resident in a nursing home, boarding care
facility, or licensed residential facility for adults may smoke in a designated separate, enclosed
room maintained in accordance with applicable state and federal laws.
(b) Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit
may be allowed in a separated well-ventilated area in the unit under a policy established by the
administrator of the program that allows the treating physician to approve smoking if, in the
opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with
treatment outweigh the negative impacts of smoking.
Subd. 4. Public transportation vehicles. Smoking is prohibited in public transportation
vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is
being used for personal use. For purposes of this subdivision, "personal use" means that the
public transportation vehicle is being used by the driver for private purposes and no for-hire
passengers are present. If a driver smokes under this subdivision, the driver must post a
conspicuous sign inside the vehicle to inform passengers.
History: 1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s 2; 1992 c 576
s 2; 1993 c 14 s 1; 1995 c 165 s 2; 1999 c 245 art 2 s 25; 1Sp2003 c 14 art 7 s 41; 2007 c 82 s 8

144.415 [Repealed, 2007 c 82 s 15]

144.416 RESPONSIBILITIES OF PROPRIETORS.
(a) The proprietor or other person, firm, limited liability company, corporation, or other
entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public
transportation, place of employment, or public meeting shall make reasonable efforts to prevent
smoking in the public place, public transportation, place of employment, or public meeting by:
(1) posting appropriate signs or by any other means which may be appropriate; and
(2) asking any person who smokes in an area where smoking is prohibited to refrain from
smoking and, if the person does not refrain from smoking after being asked to do so, asking
the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge
shall handle the situation consistent with lawful methods for handling other persons acting in a
disorderly manner or as a trespasser.
(b) The proprietor or other person or entity in charge of a public place, public meeting,
public transportation, or place of employment must not provide smoking equipment, including
ashtrays or matches, in areas where smoking is prohibited. Nothing in this section prohibits the
proprietor or other person or entity in charge from taking more stringent measures than those
under sections 144.414 to 144.417 to protect individuals from secondhand smoke. The proprietor
or other person or entity in charge of a restaurant or bar may not serve an individual who is
in violation of sections 144.411 to 144.417.
History: 1975 c 211 s 6; 2007 c 82 s 9

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product
in a public school, as defined in section 120A.05, subdivisions 9, 11, subdivision 13. This
prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a
school district owns, leases, rents, contracts for, or controls. Nothing in this section shall prohibit
the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony.
For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined
in section 260.755 subdivision 12.
History: 1992 c 576 s 3; 1993 c 224 art 9 s 42; 1996 c 412 art 13 s 30; 1998 c 397 art 11 s
3; 1999 c 139 art 4 s 2; 1999 c 245 art 2 s 26

144.4167 PERMITTED SMOKING.
Subdivision 1. Scientific study participants. Smoking by participants in peer reviewed
scientific studies related to the health effects of smoking may be allowed in a separated room
ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by
the commissioner and is established by the administrator of the program to minimize exposure
of nonsmokers to smoke.
Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417 do not
prohibit smoking by a Native American as part of a traditional Native American spiritual or
cultural ceremony. For purposes of this section, a Native American is a person who is a member
of an Indian tribe as defined in section 260.755, subdivision 12.
Subd. 3. Private places. Except as provided in section 144.414, subdivision 2, nothing in
sections 144.411 to 144.417 prohibits smoking in:
(1) private homes, private residences, or private automobiles when they are not in use as a
place of employment, as defined in section 144.413, subdivision 1b; or
(2) a hotel or motel sleeping room rented to one or more guests.
Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the lighting
of tobacco in a tobacco products shop by a customer or potential customer for the specific
purpose of sampling tobacco products. For the purposes of this subdivision, a tobacco products
shop is a retail establishment with an entrance door opening directly to the outside that derives
more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and
cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking
accessories and in which the sale of other products is merely incidental. "Tobacco products shop"
does not include a tobacco department or section of any individual business establishment with
any type of liquor, food, or restaurant license.
Subd. 5. Heavy commercial vehicles. Sections 144.414 to 144.417 do not prohibit smoking
in the cabs of motor vehicles registered under section 168.013, subdivision 1e, with a total gross
weight of 26,001 pounds or greater.
Subd. 6. Farm vehicles and construction equipment. Sections 144.414 to 144.417 do not
prohibit smoking in farm trucks, as defined in section 168.011, subdivision 17; implements
of husbandry, as defined in section 168A.01, subdivision 8; and special mobile equipment, as
defined in section 168.011, subdivision 22. This subdivision applies to farm trucks, implements
of husbandry, and special mobile equipment, when being used for their intended purposes.
Subd. 7. Family farms. Sections 144.414 to 144.417 do not prohibit smoking in the house,
garage, barns, and other buildings on a family farm that meet the following criteria: (1) the
family farm is engaged in farming, as defined in section 500.24, subdivision 2, paragraph (a); (2)
the family farm meets the definition of family farm under section 500.24, subdivision 2,
paragraph (b), (c), (j), or (l); and (3) the family farm employs two or fewer persons who are not
family members.
Subd. 8. Disabled veterans rest camp. Sections 144.414 to 144.417 do not prohibit smoking
in the disabled veterans rest camp located in Washington County, established as of January 1,
2007.
Subd. 9. Theatrical productions. Sections 144.414 to 144.417 do not prohibit smoking by
actors and actresses as part of a theatrical performance conducted in compliance with section
366.01. Notice of smoking in a performance shall be given to theater patrons in advance and
shall be included in performance programs.
History: 2007 c 82 s 10

144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
Subdivision 1. Rules. The state commissioner of health shall adopt rules necessary and
reasonable to implement the provisions of sections 144.411 to 144.417.
Subd. 2. Violations. (a) Any proprietor, person, or entity that owns, leases, manages,
operates, or otherwise controls the use of an area in which smoking is prohibited under sections
144.414 to 144.417, and that knowingly fails to comply with sections 144.414 to 144.417, is
guilty of a petty misdemeanor.

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