New Jersey Administrative Code
Title 8 - HEALTH
Chapter 6 - SMOKE-FREE AIR
Subchapter 4 - TOBACCO RETAIL ESTABLISHMENT
Section 8:6-4.2 - Exemption not applicable in certain circumstances

Universal Citation: NJ Admin Code 8:6-4.2

Current through Register Vol. 56, No. 24, December 18, 2024

(a) With respect to an establishment that otherwise qualifies as a tobacco retail establishment, if the establishment is within or part of an indoor public place or a workplace, such as a retail store within a shopping mall, the exemption provided at N.J.S.A. 26:3D-59b shall not apply to the establishment unless the establishment is enclosed by solid walls or windows, a ceiling, and a solid door, and equipped with a ventilation system that is separately exhausted from the indoor public place or workplace in which the tobacco retail establishment is located, so that air from the tobacco retail establishment is not recirculated to the indoor public place or workplace and smoke is not backstreamed into the indoor public place or workplace, and provided that:

1. The solid door of the tobacco retail establishment remains closed at all times except when the door is in use for entry to and egress from the tobacco retail establishment;
i. The use of a self-closing door is recommended for this purpose; and

2. The ventilation system of the tobacco retail establishment at all times is maintained in operable condition to ensure that air from the tobacco retail establishment is separately exhausted from and not recirculated to the nonsmoking areas of the indoor public place or workplace in which the tobacco retail establishment is located, and that smoke is not backstreamed into the nonsmoking areas.

(b) The exemption provided at N.J.S.A. 26:3D-59b is not available to the extent an applicable local ordinance restricts or prohibits its availability, in accordance with N.J.S.A. 26:3D-63.

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