Indiana’s State Smoke Free Air Law
Since July 1, 2012, nearly all public places in the state, including restaurants and other workplaces, became smoke-free. This change came as the result of Indiana’s first-ever statewide smoke-free air law, House Enrolled Act 1149. Hoosiers will now be able to enjoy the benefits of smoke-free air and reduce their risk of developing chronic diseases and other health problems associated with breathing secondhand smoke. Breathe Easy Indiana was created to help Hoosier residents and business owners understand the law.
About the Indiana Smoke-Free Air Law:
The purpose of the Indiana Smoke-Free Air Law is to protect Hoosiers from the harmful effects of exposure to secondhand smoke. Secondhand smoke contains more than 4,000 substances, including 200 known poisons and 43 cancer-causing agents. The U.S. Environmental Protection Agency has classified secondhand smoke as a cause of cancer in humans.
Smoking is prohibited in the following places:
- Most places of employment
- Most public places
- Restaurants
- The area within (8) eight feet of a public entrance to a public place or a place of employment
- Any vehicle owned, leased, or operated by the state if the vehicle is being used for a governmental function
Smoking will continue to be permitted in the following places:
- Bars and taverns
- Tobacco retail shops
- Cigar bars
- Hookah bars
- State licensed gaming facilities
- Licensed horse track facilities
- Membership clubs*
*Fraternal, veteran, and other memberships clubs may allow smoking if they meet the following requirements:
- 501(c)3
- Established as a club or fraternity under the law
- Provides food and alcoholic beverages to only its members and their guests
- Vote every two years to allow smoking by its members during business meetings
- Provide a separate, enclosed designated smoking room that is ventilated and only allow 18 and older to enter
View the House Enrolled Act 1149.
Enforcement
The Indiana Smoke-Free Air Law will primarily be enforced by:
- The Indiana Alcohol and Tobacco Commission
The following entities may also enforce the law:
- The Indiana Department of Health
- Local health departments
- A health and hospital corporation
- The Division of Fire and Building Safety established within the Department of Homeland Security
- A law enforcement officer
Local Ordinances
Local communities have the ability to adopt stronger smoke-free laws than state law.
- If a local law covers more workplaces than the state law, the local law remains in effect.
- If a local law does not cover as many workplaces or is less restrictive than the state law, the state law prevails.
Frequently Asked Questions
Smoke-Free Air Law - The Alcohol and Tobacco Commission (ATC) has three Frequently Asked Questions documents to assist the general public and business owners in better understanding Indiana's smoke-free air law. Please review the Frequently Asked Questions below or on their website at http://www.in.gov/atc.
Resources for Businesses
Visit http://www.breatheindiana.com/ for materials to help your business comply with the law.
Quitting Tobacco
For free assistance quitting smoking and other tobacco, please call the Indiana Tobacco Quitline at 1-800-QUITNOW (1-800-784-8669) or visit the website at http://www.in.gov/quitline/.
