Smoking and Vaping Laws in New Hampshire

1. What is the legal smoking age in New Hampshire?

The legal smoking age in New Hampshire is 18 years old. This means that individuals must be at least 18 years old in order to purchase and possess tobacco products, including cigarettes, cigars, and vaping products containing nicotine. It is important to note that some localities within New Hampshire may have raised the minimum legal smoking age to 21, in alignment with federal regulations. Additionally, those under 18 are prohibited from purchasing or attempting to purchase tobacco products, and retailers are required to verify the age of anyone under 27 who attempts to purchase tobacco. Violations of smoking age laws can result in fines and penalties for both the underage individual and the retailer.

2. Where can smoking be prohibited in New Hampshire?

In New Hampshire, smoking can be prohibited in various locations to protect public health and safety. Some common places where smoking is prohibited in the state include:

1. Indoor workplaces: New Hampshire prohibits smoking in indoor workplaces to ensure a healthy and safe environment for employees and customers.

2. Public buildings: Smoking is generally prohibited in public buildings, including government offices, educational institutions, and healthcare facilities.

3. Restaurants and bars: Many restaurants and bars in New Hampshire have banned smoking to create a smoke-free dining experience for patrons.

4. State parks and beaches: Smoking is often prohibited in state parks and beaches to prevent littering and protect the environment.

5. Public transportation: Smoking is typically banned on public transportation vehicles such as buses and trains to safeguard passengers from exposure to secondhand smoke.

6. Theaters and entertainment venues: Smoking is commonly prohibited in theaters and entertainment venues to maintain a smoke-free environment for performers and audience members.

It is important to note that individual municipalities in New Hampshire may have additional restrictions on smoking in place, so it is advisable to check local regulations for specific prohibitions in your area.

3. Are there restrictions on smoking in outdoor areas in New Hampshire?

Yes, there are restrictions on smoking in outdoor areas in New Hampshire. Specifically:

1. New Hampshire law prohibits smoking in certain outdoor areas, including public beaches and state parks.
2. Some municipalities in New Hampshire have also implemented additional restrictions on smoking in outdoor areas such as parks, playgrounds, and outdoor dining areas.
3. Smoking is generally allowed in outdoor areas that are not covered by state or local restrictions, but it is important to be mindful of others and respectful of non-smokers when choosing to smoke outdoors.

4. Are there specific regulations regarding smoking in workplaces in New Hampshire?

Yes, there are specific regulations regarding smoking in workplaces in New Hampshire. In New Hampshire, the state law prohibits smoking in indoor public places and enclosed workplaces. This includes office buildings, restaurants, bars, and other establishments where people work or gather. Employers are required to provide smoke-free environments for their employees, with designated smoking areas located outside and away from entrances. Additionally, the law mandates that no one can smoke within 10 feet of a workplace entrance, exit, or window that opens. Failure to comply with these regulations can result in fines for both the employer and the individual violating the law. It’s important for businesses in New Hampshire to be aware of and adhere to these smoking regulations to maintain a safe and healthy work environment for all employees.

5. Are there any restrictions on smoking in restaurants and other food establishments?

There are restrictions on smoking in restaurants and other food establishments in many jurisdictions around the world. These restrictions are put in place to protect the health and safety of patrons and employees by reducing exposure to secondhand smoke. Common restrictions may include:

1. No smoking indoors: Many places prohibit smoking indoors in restaurants and food establishments to prevent the harmful effects of secondhand smoke on non-smoking individuals.

2. Designated smoking areas: Some jurisdictions allow for designated outdoor smoking areas away from entrances and dining areas where patrons can smoke.

3. Outdoor dining restrictions: In some areas, smoking may be prohibited in outdoor dining areas to prevent smoke from affecting nearby diners.

4. E-cigarette regulations: In addition to traditional smoking, some places also have regulations regarding the use of electronic cigarettes and vaping devices in restaurants and food establishments.

It is essential for businesses operating in the food industry to comply with local laws and regulations regarding smoking to avoid fines and potential legal consequences.

6. What are the penalties for violating smoking laws in New Hampshire?

In New Hampshire, the penalties for violating smoking laws can vary depending on the specific circumstances and the type of violation committed. Here are some potential penalties for violating smoking laws in New Hampshire:

1. Smoking in prohibited areas, such as indoor public places or workplaces, can result in fines for both the individual smoker and the owner of the establishment.
2. Selling tobacco products to minors under the age of 18 can lead to fines and potential suspension or revocation of a retailer’s tobacco license.
3. Violating any other provisions of the state’s smoking laws, such as advertising restrictions or smoking in vehicles with minors present, can also result in fines and penalties.

It is important to note that enforcement of smoking laws in New Hampshire can vary by jurisdiction and actual penalties may differ based on the specific circumstances of each case. It is always advisable to comply with all smoking laws and regulations to avoid potential penalties and legal consequences.

7. Are electronic cigarettes (e-cigarettes) allowed in public places in New Hampshire?

In New Hampshire, e-cigarettes are treated similarly to traditional cigarettes when it comes to public places. As of 2021:

1. The state law prohibits the use of e-cigarettes in enclosed public places and places of employment.
2. This includes restaurants, bars, workplaces, and other public areas where smoking is also not allowed.
3. The restrictions aim to protect non-smokers from exposure to secondhand aerosol from e-cigarettes, which may contain harmful chemicals and toxins.
4. However, it is essential to check for any recent updates or changes in the state’s smoking and vaping laws, as regulations can evolve over time.

Overall, the use of e-cigarettes in public places in New Hampshire is generally restricted to safeguard public health and prevent potential risks associated with secondhand exposure to e-cigarette aerosol.

8. What are the regulations regarding vaping in indoor public spaces in New Hampshire?

In New Hampshire, the regulations regarding vaping in indoor public spaces are governed by the state’s indoor smoking law, RSA 155:64, which prohibits smoking in enclosed public places and places of employment. While this law primarily targets traditional tobacco smoking, many establishments also include vaping within their smoke-free policies. Vaping regulations in indoor public spaces are therefore determined by individual businesses and organizations, which may choose to prohibit vaping alongside smoking to maintain a smoke-free environment for patrons and employees. It is recommended that individuals who vape inquire with the establishment they are visiting regarding their specific vaping policy to ensure compliance with their rules and regulations.

9. Are there restrictions on vaping near schools and other facilities in New Hampshire?

Yes, in New Hampshire, there are restrictions on vaping near schools and other facilities. Specifically:

1. The state prohibits vaping on school grounds and school buses.

2. Vaping is also prohibited in indoor public places and workplaces, as well as within a certain distance of entrances to these buildings, to protect non-smokers and prevent exposure to secondhand vapor.

3. Additionally, local municipalities may have their own ordinances and regulations regarding vaping near schools and other facilities, so it’s important to be aware of any specific rules in the area you are in.

Overall, the goal of these restrictions is to create a safe and healthy environment for everyone, particularly children and vulnerable populations who may be more susceptible to the effects of secondhand vapor exposure.

10. Can landlords prohibit smoking and vaping in rental properties in New Hampshire?

Yes, landlords in New Hampshire have the authority to prohibit smoking and vaping in rental properties. They can include specific language in the lease agreements that restrict tenants from smoking or vaping within the rental unit or on the premises. Landlords can also designate certain smoking or vaping areas if they choose to allow it on the property. Failure to comply with these restrictions can result in penalties for the tenants, such as fines or lease termination. It is advisable for landlords to clearly outline their smoking and vaping policies in the lease agreement to avoid any disputes with tenants in the future. Additionally, it is recommended for landlords to stay informed about state and local laws regarding smoking and vaping regulations to ensure compliance with all relevant statutes.

11. Can employers enforce no-smoking policies in the workplace in New Hampshire?

Yes, employers can enforce no-smoking policies in the workplace in New Hampshire. The state of New Hampshire has laws that regulate smoking in indoor public places and workplaces. Employers have the right to establish and enforce their own stricter smoking policies within their premises to promote a smoke-free environment for their employees and customers. These policies may include prohibiting smoking in all indoor areas, outdoor areas, and company vehicles. Employers are also encouraged to provide resources and support for employees who wish to quit smoking. Failure to comply with the employer’s smoking policy can result in disciplinary action, up to and including termination. It is essential for employers to clearly communicate their smoking policies to all employees and visitors to ensure compliance and a healthy work environment.

12. Are there any specific rules for smoking and vaping in public transportation in New Hampshire?

Yes, there are specific rules for smoking and vaping in public transportation in New Hampshire.

1. In New Hampshire, smoking is prohibited on all public transportation vehicles, including buses, trains, and taxis. This ban applies to both traditional tobacco products and electronic cigarettes.

2. Vaping is also typically prohibited on public transportation in New Hampshire, as it is often included in the same regulations as smoking due to concerns about secondhand vapor exposure and the potential for confusion among passengers.

3. Violations of these rules can result in fines and potential removal from the transportation vehicle. It’s important for passengers to adhere to these regulations to promote a healthy and safe environment for all travelers.

13. Are there designated smoking areas in public places in New Hampshire?

As of October 2021, New Hampshire law prohibits smoking in most public places, including restaurants, bars, and workplaces. However, there are some exceptions where designated smoking areas may be allowed. These exceptions are typically found in certain outdoor areas, such as designated smoking areas in outdoor seating areas of restaurants and bars, provided they meet certain requirements outlined in the law.

1. Casinos: Some casinos in New Hampshire may have designated smoking areas for patrons.
2. Cigar bars: There are exemptions for businesses that meet specific criteria to qualify as a cigar bar, allowing smoking indoors.
3. Private residences: Smoking is generally allowed in private residences, although landlords may have the right to prohibit smoking in rental properties.

It’s important for individuals to be aware of the specific smoking laws in New Hampshire and to respect any designated smoking areas that may be provided in accordance with the law.

14. Are there any regulations regarding smoking and vaping in parks and recreational areas in New Hampshire?

Yes, there are regulations regarding smoking and vaping in parks and recreational areas in New Hampshire. As of September 10, 2018, New Hampshire state law prohibits smoking and vaping in certain public places, including parks and recreational areas, to protect public health and reduce exposure to secondhand smoke. This law also includes restrictions on smoking within 25 feet of any entrance, exit, open window, or air intake of a public building. Violation of these regulations may result in fines. It is important for individuals to be aware of these restrictions and to comply with the smoking and vaping regulations in place in New Hampshire’s parks and recreational areas to promote a healthier environment for all visitors.

15. Can individuals smoke or vape in hotel rooms in New Hampshire?

In New Hampshire, individuals may smoke or vape in designated smoking hotel rooms. However, many hotels in New Hampshire have implemented smoke-free policies within their rooms and facilities. It is advisable to check with the specific hotel before smoking or vaping in the room to avoid any potential penalties or cleaning fees. It is important to respect the rules and regulations set by each establishment to ensure a comfortable and safe environment for all guests. Additionally, some hotels may have designated outdoor areas for smoking or vaping to accommodate guests who wish to smoke.

16. Are there any restrictions on smoking or vaping in vehicles with children present in New Hampshire?

In New Hampshire, there are restrictions on smoking and vaping in vehicles with children present. Specifically, it is illegal to smoke or vape in a vehicle when a passenger under the age of 18 is present. This law aims to protect children from the harmful effects of secondhand smoke and vapor exposure in confined spaces like vehicles. Violating this law can result in fines and penalties for the driver or responsible adult in the vehicle. It is important for adults to be aware of and comply with these restrictions to prioritize the health and well-being of children.

17. Are there any specific laws concerning the sale and distribution of tobacco products in New Hampshire?

Yes, in New Hampshire, there are specific laws concerning the sale and distribution of tobacco products. Some key regulations include:

1. Minimum Age: It is illegal to sell tobacco products, including cigarettes and e-cigarettes, to individuals under the age of 21 in New Hampshire.

2. Licensing: Retailers who sell tobacco products are required to obtain a tobacco license from the state. This license must be prominently displayed on the premises.

3. Vending Machines: Tobacco vending machines are prohibited in New Hampshire.

4. Tobacco Product Restrictions: Certain restrictions may apply to the sale of flavored tobacco products, nicotine products, and vaping devices to minors.

5. Online Sales: Regulations may also govern the online sale and distribution of tobacco products in the state.

These laws are in place to protect public health and prevent the sale of tobacco products to minors. It is important for retailers to be aware of and comply with these regulations to avoid penalties and maintain legal compliance.

18. Can individuals smoke or vape in outdoor dining areas in New Hampshire?

In New Hampshire, smoking is prohibited in outdoor dining areas of restaurants. This ban is in place to protect the health and well-being of individuals who may be dining outdoors and to prevent exposure to secondhand smoke. Vaping laws in outdoor dining areas may vary by municipality, so it is essential to check with local regulations to ensure compliance. Overall, it is advisable for individuals to refrain from smoking or vaping in outdoor dining areas in New Hampshire to respect the rights of others and adhere to the state’s smoking laws.

1. The prohibition of smoking in outdoor dining areas is in line with a growing trend towards creating smoke-free environments to protect public health.
2. Violation of smoking bans in outdoor dining areas can result in fines or other penalties, so it is important to be aware of and comply with these regulations.

19. Are there any exemptions to smoking and vaping regulations in New Hampshire?

In New Hampshire, there are exemptions to smoking and vaping regulations in certain circumstances. Here are some key exemptions to note:

1. Private residences: Smoking and vaping regulations typically do not apply to private residences, allowing individuals to smoke or vape in their own homes.

2. Designated smoking areas: Some establishments may have designated smoking areas where individuals can smoke or vape legally. These areas must be designated in compliance with state and local regulations.

3. Retail tobacco stores: Retail tobacco stores that primarily sell tobacco products and accessories are often exempt from certain smoking and vaping restrictions.

4. Smoking rooms in lodging establishments: Some lodging establishments may have designated smoking rooms for guests to use.

It is important to note that these exemptions may vary depending on local regulations and individual establishment policies. It is always advisable to check with local authorities or the establishment itself to ensure compliance with smoking and vaping regulations in New Hampshire.

20. What resources are available for individuals looking to quit smoking or vaping in New Hampshire?

In New Hampshire, there are several resources available for individuals looking to quit smoking or vaping:

1. New Hampshire Tobacco Helpline: The New Hampshire Tobacco Helpline offers free coaching and support to help individuals quit smoking or vaping. They provide personalized quit plans, counseling sessions, and resources to assist with the quitting process.

2. Quitting support groups: There are various support groups and programs available in New Hampshire that provide a supportive environment for individuals looking to quit smoking or vaping. These groups offer encouragement, guidance, and camaraderie to help individuals stay motivated on their quitting journey.

3. Nicotine replacement therapy (NRT): NRT products such as patches, gums, and lozenges can help individuals manage nicotine withdrawal symptoms when quitting smoking or vaping. These products are available over-the-counter and can be an effective aid in the quitting process.

4. Healthcare providers: Individuals can also seek support from healthcare providers such as doctors, nurses, or counselors. These professionals can provide personalized advice, prescribe medications to help with quitting, and monitor progress throughout the quitting journey.

5. Online resources: There are numerous online resources available for individuals looking to quit smoking or vaping in New Hampshire. Websites, apps, and forums offer information, tips, and support to help individuals successfully quit and maintain a smoke-free or vape-free lifestyle.

By utilizing these resources and seeking support from a combination of sources, individuals in New Hampshire can increase their chances of successfully quitting smoking or vaping.