The law requires any outdoor smoking remain a "reasonable distance" from the entrance.
The intent of reasonable distance is to for outdoor areas to be far enough to not let smoke
drift back into the building, but the exact distance is left up to the individual business.
Reasonable distance is not zero. For effective implementation, business owners should train
their staff and post adequate signage before the effective date.
An observational question regarding evidence of indoor smoking will be added to HealthSpace.
This form is used by 50% of the restaurant inspectors. The other half use different inspection forms,
which may voluntarily add the question.
This form will be fed into the smoke-free complaint process for follow-up. Sanitarians will not be
responsible for any enforcement beyond collecting these observation. This form is used by 50% of the
restaurant inspectors.
Chuck Warzecha, DHS Bureau Director for Environmental & Occupational Health, will be issuing two
communications with the Santiarians on this topic. The first will include general information about
the law and the Sanitarian role and the second will include a more detailed protocol.
Local law enforcement can enforce this statute without adopting a local ordinance.
To issue a citation they just list the statute number.
While it might not be a high priority for law enforcement, they may receive requests which will
require triage.
If local law enforcement refuse to enforce this law, the Department of Justice has a legal obligation
to act on violations.
Local units of government may want to codify the state law but they do not have to.
If a local government is considering a local ordinance, please bring this to the attention of DHS and
Smoke-Free Wisconsin.
This law does not address the use of the e-cigarette in public places because the product does not
fall under the statute definition of tobacco.
The FDA has found cancer-causing agents in e-cigarettes which warrant public health concern.
Workplaces have the ability to implement stronger workplace policies on their own e.g.
(no smoking on company grounds, total tobacco- free policy and can include banning the use of E-Cigarettes).
E-cigarettes are dangerous. The FDA has found cancer causing agents in e-cigarettes.
Safe and effective quit assistance methods already exist (inhalers, patches, lozenges, etc). E-cigarettes are not proven to assist with quitting smoking. If you or someone you know is ready to find a successful way to quit, call the Wisconsin Tobacco Quit Line (1-800-QUIT-NOW) or consult your healthcare provider.
E-cigarettes should be taken off the market until they are proven safe and effective. The FDA must take a stand by removing electronic cigarettes from the shelves until they are proven to be safe and effective. Several state attorneys general have already taken action to do just that.
Persons in charge have duties in complying with this law. Any person in charge who violates the law
by not taking the following actions may be fined $100. Requesting assistance from local law
enforcement in the case of a non-compliant customer will not result in a fine for the business.
Don't provide ashtrays
Make sure no-smoking signage is in place
Politely ask any person violating the law to stop smoking or take it outside
Refuse service to any person violating the law
Ask any person who continues to violate the law to leave
Notify local law enforcement if the person refuses to comply
"Tourist rooming houses" are required to be smoke-free under this law.
This is a license distinction meaning all lodging places and tourist cabins and cottages,
other than hotels and motels, in which sleeping accommodations are offered for pay to tourists.
One of the "person in charge" responsibilities in this law is to post signs. This "person in charge"
is defined as the "person or his or her agent, who ultimately controls, governs or directs the activities
aboard a public conveyance or at a location where smoking is prohibited or regulated".
The Department of Commerce will set the minimum requirements of such signs. The current (DRAFT) rule
follows:
Comm 6.11 No smoking signs. No smoking signs shall include the international "No Smoking" symbol,
consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette.
DHS and Smoke-Free Wisconsin have proactively assisted by providing
sample signs on WIBetterSmokeFree.com,
at the WRA expo, and in the business kits - but this assistance is voluntary and not the official
responsibility of these agencies.
Local enforcement agencies should prepare how they will follow-up with a non-compliance complaint.
Proactive preparation and education by the local enforcement agency will reduce non-compliance,
complaints, and potential confusion about appropriate enforcement actions.
At the state level, recommended enforcement flow charts have not yet been approved by the DOJ.
The TPCP's recomendation is for a complaint sent to the phone number or website to generate a
letter to the business, CCing the local enforcement agency for follow-up and the MJC for information.
TPCP's reccomendation for local law enforcement agency follow-up would be a visit to the establishment
to investigate evidence of indoor smoking and issuing appropriate citations.
