Tobacco Control

Effective November 1, 2017, licensed merchants must post, as a condition of the license, a legible sign, at least 6 inches by 3 inches in size with bold letters at least one-quarter inch high, stating the following:

New Jersey law states: A PERSON WHO SELLS OR OFFERS A TOBACCO PRODUCT TO A PERSON UNDER 21 YEARS OF AGE SHALL PAY A PENALTY OF UP TO $1,000 AND MAY BE SUBJECT TO A LICENSE SUSPENSION OR REVOCATION. PROOF OF AGE MAY BE REQUIRED FOR PURCHASE. -N.J. Stat. 54:40A-4.1

For your convenience, download and use this signage, which meets the legal requirements for display. These signs must be clearly visible where tobacco products are displayed and at the cash register.

New Jersey's Smoke-Free Air Act of 2006 ensures that workers have a safe, smoke-free workplace and that all nonsmokers -- including children and senior citizens -- can breathe smoke-free air in public places.

Secondhand smoke is a serious health hazard that can lead to illness and premature death in children and non-smoking adults, according to the U.S. Surgeon General. As New Jersey’s Smoke-Free Air Act states, it is clearly in the public interest to prohibit smoking in enclosed indoor spaces.

The law is an important part of New Jersey’s effort to eliminate tobacco use as one of our most significant public health threats, reduce smoking-related illnesses and save lives for generations to come.

The Smoke-Free Air Act requires that a "No Smoking" sign be prominently posted at every public entrance and properly maintained where smoking is prohibited. Signs must also be posted in areas where smoking is permitted.

Indoor public places where smoking is still permitted:

• Hotels, motels or other lodging establishments may permit smoking in up to 20% of guest rooms;
• Within the perimeters of casino gaming areas, and casino simulcasting facilities;
• Registered cigar bars or lounges that in calendar year ending December 31, 2004, generated 15% or more of total annual gross income from the sale of tobacco products;
• Tobacco retail establishments whose primary activity (51%) is the retail sale of tobacco products and accessories and the sale of other products is incidental.

Click here to access the Smoke-Free Air Act.

Click on the regulation citations to review each in full.

• NJ Code 2A:170-51.4 & NJ Code 2C:33-13.1- The sale of tobacco and/or any type of smoking device to someone under the age of 21 is prohibited.
• NJ Code 2A:170-51.6 - The sale and/or distribution of certain flavored cigarettes is prohibited.
• NJ Code 2A:170-51.9 - Explains restrictions, violations, and penalties regarding the sale and distribution of liquid nicotine.
• New Jersey Administrative Code - Click here and navigate to N.J.A.C. 8 Chapter 6 to access the administrative rules implementing the Smoke-Free Air Act.

TASE is a federally mandated inspection program (administered by the Substance Abuse and Mental Health Services Administration’s Center for Substance Abuse Prevention – SAMHSA-CSAP) to test the NJ law prohibiting sale of tobacco to minors under the age of 18 years. (As of November 1, 2017, New Jersey law further prohibits the sale of tobacco products to any person under the age of 21 years.) Every year from July 1 through September 30, tobacco inspectors conduct random, unannounced compliance checks to a sample of licensed retail tobacco vendors. 

An FDA inspection program which conducts year round state inspections assessing retailer’s compliance with the age of sale requirements, as well as advertising/labeling check inspections.  The FDA program also conducts 2 compliance follow-up inspections at any retail establishment where an initial violation has been observed.  This is not a mandated program but rather an FDA initiative to enforce certain provisions of the Tobacco Control Act through a series of contracts with states.  For more information on preventative measures, click here.