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Indiana State Department of Health

Tobacco Prevention & Cessation > Indiana’s State Smoke Free Air Law Indiana’s State Smoke Free Air Law

Welcome to Smoke Free Indiana

Beginning July 1, 2012, nearly all public places in the state, including restaurants and other workplaces, will be smoke free. This change comes as the result of Indiana’s first ever statewide smoke free air law, House Enrolled Act 1149. In more places than ever, 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. Smoke Free Indiana was created to help Hoosier residents and business owners understand the new law. This site is still under development. More resources and information will be added as they become available, so please continue to visit and check for updates.

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.

Beginning July 1, 2012, smoking will be 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 which is ventilated and only allow 18 and older to enter

To view House Enrolled Act 1149, visit http://www.in.gov/legislative/bills/2012/HE/HE1149.1.html.

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 State 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

File a complaint

Local Ordinances

Local communities have the ability to adopt stronger smoke free laws than the 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 prepared three Frequently Asked Questions documents to assist the general public and business owners in better understanding Indiana's recently passed smoke free air law, HEA 1149. The law takes effect July 1, 2012. Please review the Frequently Asked Questions below or on their website at http://www.in.gov/atc. If your question is not answered, you can send a question to ATC on the same website.

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/.