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Tuesday, January 16, 2024

Restriction on E-Cigarette Use Now in Effect

On July 28, 2023, Governor Pritzker signed an amendment to the Smoke Free Illinois Act (Act) into law that went into effect on January 1, 2024. P.A. 103-0272

The amendment added the term “electronic cigarette” to the Act and explicitly clarified the term “smoke” or “smoking” includes the use of electronic cigarettes.

The Act states “no person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased, or operated by the State or a political subdivision of the State. An owner shall reasonably assure that smoking is prohibited in indoor public places and workplaces unless specifically exempted…” (emphasis added).

“Public places” are portions of buildings that are open to the public, regardless of whether it is owned in whole or in part by private entities or whether a fee is charged for admission. This includes, but is not limited to, hospitals, restaurants, retail stores, offices, elevators, theaters, educational facilities, libraries, polling places, public restrooms, bars, bowling alleys, skating rinks, and a majority of hotel rooms.

The Illinois Department of Public Health, local public health departments, and law enforcement agencies are primarily responsible for enforcing the Act. Any person may file a complaint under the Act with these health departments or law enforcement to issue citations. Local governments may expect an increase in the number of complaints filed in response to the expansion of the Act; however, educating restaurant, bar, and other business owners about this new law may reduce instances of noncompliance. 

Post Authored by Daniel Lev, Ancel Glink


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