Public Health and Environment

Freedom to Breathe

On Oct. 1, 2007, the Freedom to Breathe Act (FTB) provision of the Minnesota Clean Indoor Air Act (MCIAA) went into effect.

What does this mean?

This law prohibits smoking in almost all indoor public places and indoor places of employment. This includes:

Bars, restaurants, and private clubs.
Office and industrial workplaces with two or more employees.
Retail stores.
Common areas of rental apartment buildings and hotels.
Public transportation, including taxis.
Work vehicles, if more than one person is present.
Home offices with one or more on-site employees, or used as a place to meet or deal with customers.
Public and private educational facilities.
Auditoriums, arenas and meeting rooms.
Day care premises.
Health care facilities and clinics.

Why is this important?

This law protects workers and the public from secondhand smoke which is a leading cause of preventable death in the United States. Secondhand smoke contains hundreds of toxic and cancer causing chemicals that can cause premature death in children and adults. It costs Minnesota $215.7 million each year to treat conditions caused by exposure to it. Reducing exposure to these chemicals may decrease incidence of disease and death caused by secondhand smoke.

Minnesota is the 20th state to become smokefree.

Are you a business owner?

Proprietors are required to:

Post "No Smoking" signs.
Ask persons who are smoking in prohibited areas to refrain from smoking and to leave if they refuse.
Use lawful methods consistent with handling disorderly persons for patrons that refuse to comply.
Refrain from providing smoking equipment such as ashtrays, lighters, and matches.
Withhold service for noncompliant patrons.
Call local law enforcement if necessary.

Are there penalties for proprietors who allow smoking in prohibited areas?

"Any proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the use of the area in which smoking is prohibited, and knowingly fails to comply with the provisions of the law is guilty of a petty misdemeanor under criminal law. MDH also has the authority to take enforcement actions that may include monetary penalties up to $10,000. Local public health agencies have various enforcement tools as well under their own civil enforcement authority, including fines, potential license suspensions or revocations." (Minnesota Department of Health, 2007)