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House Bill 511, which became law in 2019, amends NH Revised Statutes Annotated (RSA) 126-K (regarding youth access to and use of tobacco products) by adding the definition, RSA 126-K: 2, II-a: "Device” means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, e-hookah.
House Bill 511, also amends RSA 155:65; XV (Indoor Smoking Act definition of ‘smoking’) to mirror RSA 126-K: 2, II-a. The amended RSA 155:65;XV states, "Smoking" means having in one's possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, including devices as defined in RSA 126-K:2, II-a.

The Indoor Smoking Act clarifies that ALL tobacco products are prohibited in enclised worplaces


How can I file a complaint?
According to the Indoor Smoking Act, you must first make your complaint to the person in charge of the facility. If this person is not willing to work with you on the issue, then submit an Indoor Smoking Act Complaint Form. In order to take action on a complaint, the Tobacco Prevention and Cessation Program (TPCP) must receive a completed:

Indoor Smoking Act Complaint Form: PDF format Adobe Acrobat Reader Symbol | Word format Microsoft Word Symbol

Send the completed form by one of the following methods:

  • US mail to TPCP, 29 Hazen Drive, Concord, NH 03301
  • Electronically to TPCP@dhhs.nh.gov
  • Fax to (603) 271-5318

Upon receiving a completed form, TPCP contacts the person in charge by phone to discuss the complaint (your name is confidential throughout this process). A follow up letter is sent to the person in charge of the facility requesting specific information about the facility and the smoking policy. The person in charge must respond in writing to TPCP within the timeframe designated in the administrative rule. At that time, TPCP decides whether an on-site inspection is necessary to determine compliance with the Indoor Smoking Act. Once the investigation is concluded, a letter of compliance or non-compliance is issued to the facility and the complainant receives a copy.

Law and Rules

For additional information on the Indoor Smoking Act or to find resources for tobacco prevention and cessation, email the Tobacco Prevention and Cessation Program at TPCP@dhhs.nh.gov.

Adobe Acrobat Reader Symbol Adobe Acrobat Reader format. You can download a free reader from Adobe.

Microsoft Word Symbol Microsoft Word format. You can download a free reader from Microsoft.

 
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New Hampshire Department of Health and Human Services
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