What does Nebraska’s smoke-free
air law do?
employees and the public from secondhand smoke.
smoking in indoor public places and workplaces.
area includes, but is not limited to, any work area, employee breakroom,
restroom, conference room, meeting room, classroom, employee cafeteria, and
What places are NOT
to 20% of hotel rooms
retailers defined as “store that sells only tobacco and products directly
related to tobacco. Products directly related to tobacco do not include
alcohol, coffee, soft drinks, candy, groceries or gasoline.”
researching the health effects of smoking
residences, except when a residence is being used as a licensed child care
What about the
law does not address smoking outdoors at private worksites.
businesses may choose to create smoke-free areas outdoors.
communities may choose to create smoke-free environments near worksites and
What about local
smoke-free air laws remain on the books.
Workplaces and public places made smoke-free by local laws that aren’t
covered by state law will be required to be smoke-free by that local law.
laws in some communities include provisions such as those that require that tobacco retailers be smoke-free; that smoking be prohibited near fireworks stands or at swimming pools; and that local government
vehicles be smoke-free.
your local community government or health department for details on pertinent local laws.
What are the
penalties under Nebraska’s
person who smokes in a place of employment or a public place in violation is
guilty of a Class V misdemeanor (maximum $100 fine) for the first offense and
Class IV misdemeanor (minimum $100, maximum $500) for the second and subsequent
offense. Charges can be dismissed upon
successful completion of a smoking cessation program.
proprietor that fails, neglects or refuses to perform a duty under the law is
guilty of a Class V misdemeanor for the first offense and a Class IV
misdemeanor for the second and subsequent offenses.
day a violation continues is a separate and distinct violation. The actions and omissions of an employee or
agent of a proprietor are imputed “to be the act or omission of such
proprietor,” and, accordingly, such proprietor is subjected to the same penalty
as if the proprietor committed the act or omission.
What should members
of the public know?
may be reported to:
or state law enforcement agencies
or state departments of health
more information about Nebraska’s
smoke-free air law visit: