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North Carolina Public Health Law

Smoking in Public Places and Other Tobacco Regulation

Smoking in Public Places

Statutes, Regulations, and Court Cases

N.C. Gen. Stat. Ch. 130A, Art. 23: Smoking Prohibited in Public Places and Places of Employment

N.C. Admin. Code, Title 10A, Chapter 39, Subchapter C

Liebes v. Guilford County Department of Public Health, 213 N.C. App. 426, review denied, 365 N.C. 361 (2011).

Edwards v. Morrow, 725 S.E.2d 366 (N.C. App.), appeal dismissed and review denied, 366 N.C. 403 (2012).

Webinars

Webinar Series Homepage

Blog Posts

Smoking: What is a Restaurant? (Aimee Wall, August 4, 2009).

Local Smoking Regulation: Should You Adopt a Health Rule or an Ordinance? (Aimee Wall, December 1, 2009).

Does North Carolina's New Smoking Ban Apply to Your Country Club? (Jill Moore, February 23, 2010).

NC Court of Appeals Upholds Application of State Smoking Ban to For-Profit Private Clubs (Jill Moore, July 19, 2011).

What is the Territorial Jurisdiction of a Board of Health Rule Regulating Smoking? (Jill Moore, August 15, 2012).

Smoking Law Update: N.C. Court of Appeals Clarifies the Private Club Exemption (Jill Moore, February 20, 2013).

Bulletin

Smoking in Public Places: Recent Changes in State Law, by Aimee N. Wall, May 2009.

Manuscript

Territorial Jurisdiction of Local Board of Health Rules Regulating Smoking in North Carolina, by Jill Moore, February 2013.

FAQ

  1. What changes will the public see when the new statewide smoking law goes into effect in January 2010?
  2. How will a restaurant, bar or lodging establishment know if it is required to comply with the new smoking law?
  3. How will a member of the public know if a restaurant or bar is required to comply with the new smoking law?
  4. Will convenience stores and other places that sell food also need to be smoke-free?
  5. Does the new smoking law apply only to cigarette smoking?
  6. What do people in charge of restaurants, bars and lodging establishments need to do to comply with the new smoking law?
  7. What do smokers need to do to comply with the new law?
  8. What do local governments (cities and counties) need to do?
  9. How will the new state law be enforced?
  10. Are there restaurants and bars that will not be required to comply with the smoking law?
  11. Are there lodging establishments that will not be required to comply with the smoking law?
  12. May a local government adopt a local law that differs from the statewide smoking law?
  13. What types of local government entities can adopt these local laws?

Electronic Cigarettes and Other Vapor Products

Blog Posts

Regulating Electronic Cigarettes in North Carolina, Part 1: Federal and State Regulation (Jill Moore, July 31, 2014)

Regulating Electronic Cigarettes in North Carolina, Part 2: Local Regulation (Jill Moore, August 1, 2014)

Additional Materials on Local Regulation

List of Reported Recent Local Government Regulations Specifically Prohibiting the Use of E-Cigarettes in Government Buildings, Grounds, or Public Places (provided by NC Tobacco Prevention and Control Branch, August 1, 2014)

Topics - Local and State Government