Tobacco and Vape Shops
Minnesota Clean Indoor Air Act

The MCIAA allows customers of a licensed tobacco retailer to light tobacco or use an electronic delivering device for "the specific purpose of sampling tobacco products."

Tobacco shop defined

If a tobacco shop wants to offer sampling, it must meet all of the following criteria:

• The shop must have an entrance door opening directly to the outside.
• Greater then 90% of the shop's gross revenue must be from the sale of tobacco, tobacco-related devices and electronic delivery devices.
• The tobacco shop cannot be a tobacco department or section of an individual business with a liquor, food or restaurant license.

What is an indoor area?

A space is considered indoors if it is at least 50% enclosed by walls, doorways or windows (open or closed). It must have a ceiling. Temporary materials like plastic sheeting or a retractable divider are considered walls. A standard window screen is not a wall.

The MCIAA does not prohibit outdoor smoking, regardless of the distance from building openings such as doors or windows. The law does not address the drift of smoking coming from the outside. Some cities and counties have local ordinances that restrict smoking by entrances.

Sign posting requirements

If a tobacco retailer chooses to allow sampling the proprietor must post a sign on or immediately inside of all shop entrances that states: “Smoking is prohibited, except in designated areas.” Also, a sign must be posted in the area where sampling is allowed that states “Smoking permitted” and/or shows the international smoking-permitted symbol.

Local ordinances

Local government can pass ordinances that prohibit sampling in licensed tobacco shops. Enforcement of those ordinances is the responsibility of the local jurisdiction.

Compliance and enforcement

The Minnesota Department of Health (MDH) enforces the MCIAA and may delegate compliance activities to local governments. Enforcement of the MCIAA is complaint based. To file a complaint, please contact MDH at health.indoorair@state.mn.us.

Local law enforcement has the authority to issue petty misdemeanor citations to businesses and people who knowingly fail to comply with the MCIAA.