| State |
Issue
Area
Where
Preemption
Exists |
Specific
Provisions Preempted |
|
| California | Youth Access | Only preempts the amount of fines localities may impose for violations of youth access provisions. |
|
| Connecticut | Clean Indoor Air | Any existing local ordinances relative to smoking after October 1, 1993. |
|
| Delaware | Youth Access | Local youth access ordinances enacted after June 30, 1996, the preemption covers enforcement, penalties to retailers, sign posting, penalties to minors, sampling and vending machine restrictions. |
|
| Florida | Clean Indoor Air | State law supersedes any municipal or county ordinance on the subject of the regulation of smoking in public places and workplaces. |
|
| Idaho | Youth Access | Preempts localities from issuing a permit or license for the sale or distribution of tobacco products. |
|
| Illinois | Advertising | Outdoor billboard advertising for smokeless tobacco products. |
|
| Indiana | Youth Access | Preempts local youth access ordinances concerning the sale, distribution, or display of tobacco products. |
|
| Iowa | Clean Indoor Air;
Youth Access | Any local law or regulation which is inconsistent with or conflicts with most smokefree air and youth access laws. |
|
| Kentucky | Youth Access | Preempts local youth access ordinances concerning the use, display, sale and distribution of tobacco products enacted after 1998. |
|
| Louisiana | Youth Access | Youth access laws relating to the sale, promotion and distribution of tobacco products are preempted. |
|
| Massachusetts | Youth Access | The sale of cigarette rolling papers. |
|
| Michigan | Clean Indoor Air;
Youth Access;
Advertising | Sale or licensure of tobacco products for distribution purposes; local restrictions on smoking in restaurants and bars; and outdoor billboard advertisements for smokeless tobacco. |
|
| Mississippi | Youth Access | Covers youth access laws related to the sale, promotion, and distribution of tobacco; also preempts to the state the regulation of smoking in state office buildings. |
|
| Missouri | Youth Access | Requires state, county, municipal and other local law enforcement authorities to adhere to the mandatory guidelines set out by the Supervisor of Liquor Control when using minors in tobacco retailer compliance inspections. |
|
| Montana | Clean Indoor Air;
Youth Access | All local smokefree air ordinances, including those already in effect, until October 1, 2009; and enactment of more stringent youth access provisions. |
|
| Nevada | Youth Access | Preempts stronger youth access ordinances related to the sale, distribution, marketing, display, or promotion of tobacco products. |
|
| New Hampshire | Clean Indoor Air | Preempts all local ordinances on smoking more stringent than state law. |
|
| New Mexico | Youth Access | All local youth access ordinances pertaining to the sale of tobacco products shall be consistent with state law. |
|
| New York | Youth Access | Distribution of free samples only. |
|
| North Carolina | Clean Indoor Air;
Youth Access | Local ordinances enacted after October 1, 1993 shall not exceed the state smokefree air provisions, local government buildings are exempt from this; preemption of youth access laws covers the sale, distribution, display or promotion of tobacco products, except in relation to vending machines. |
|
| Oklahoma | Clean Indoor Air;
Youth Access | Prohibits local governing bodies from enacting more stringent smokefree air ordinances; youth access preemption covers the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products. |
|
| Oregon | Clean Indoor Air;
Youth Access | Preempts all local smokefree air ordinances in places listed as exceptions under the existing law unless the local ordinance was passed before July 1, 2001; youth access preemption covers just the regulation of the placement of vending machines. |
|
| Pennsylvania | Clean Indoor Air;
Youth Access | Preempts all ordinances or rules concerning the provisions in the state smokefree air law except in class A cities, the only one being Philadelphia; also preempts all youth access ordinances or rules enacted after January 1, 2002. |
|
| South Carolina | Youth Access | All laws, ordinances or rules pertaining to tobacco products may not supersede state law or regulation. |
|
| South Dakota | Clean Indoor Air;
Youth Access | Preempts all matters relating to the use of tobacco products, except a person or public entity may voluntarily regulate its use on their property; youth access preemption covers distribution, marketing, promotion and the sale of tobacco. |
|
| Tennessee | Clean Indoor Air;
Youth Access | Preempts local smokefree air or youth access ordinances and regulations enacted or promulgated after March 15, 1995, except local governments and special school districts are allowed to regulate smoking in their buildings and on their property. |
|
| Utah | Clean Indoor Air;
Youth Access;
Advertising | Preempts local smokefree air ordinances that are not essentially identical to state law except for certain places of outdoor public access; youth access preemption only affects the provision on placement of tobacco products; restrictions on the advertising of tobacco products are also preempted. |
|
| Virginia | Clean Indoor Air | Local smokefree air ordinances adopted after January 1, 1990 shall not contain provisions that exceed state smokefree air law. |
|
| Washington | Clean Indoor Air | Local communities are prohibited from passing more stringent smokefree air ordinances. |
|
| West Virginia | Advertising | Warning, format or type style in any outdoor billboard advertising for smokeless tobacco products. |
|
| Wisconsin | Youth Access | Local youth access provisions must strictly conform to state law - covers sales to minors, sign posting, penalties to minors, sampling, sales of single cigarettes and vending machine restrictions. |
|
