2007 Minnesota Statutes

144.4167 PERMITTED SMOKING.
    Subdivision 1. Scientific study participants. Smoking by participants in peer reviewed
scientific studies related to the health effects of smoking may be allowed in a separated room
ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by
the commissioner and is established by the administrator of the program to minimize exposure
of nonsmokers to smoke.
    Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417 do not
prohibit smoking by a Native American as part of a traditional Native American spiritual or
cultural ceremony. For purposes of this section, a Native American is a person who is a member
of an Indian tribe as defined in section 260.755, subdivision 12.
    Subd. 3. Private places. Except as provided in section 144.414, subdivision 2, nothing in
sections 144.411 to 144.417 prohibits smoking in:
    (1) private homes, private residences, or private automobiles when they are not in use as a
place of employment, as defined in section 144.413, subdivision 1b; or
    (2) a hotel or motel sleeping room rented to one or more guests.
    Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the lighting
of tobacco in a tobacco products shop by a customer or potential customer for the specific purpose
of sampling tobacco products. For the purposes of this subdivision, a tobacco products shop is a
retail establishment with an entrance door opening directly to the outside that derives more
than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars,
cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories
and in which the sale of other products is merely incidental. "Tobacco products shop" does not
include a tobacco department or section of any individual business establishment with any type of
liquor, food, or restaurant license.
    Subd. 5. Heavy commercial vehicles. Sections 144.414 to 144.417 do not prohibit smoking
in the cabs of motor vehicles registered under section 168.013, subdivision 1e, with a total gross
weight of 26,001 pounds or greater.
    Subd. 6. Farm vehicles and construction equipment. Sections 144.414 to 144.417 do not
prohibit smoking in farm trucks, as defined in section 168.011, subdivision 17; implements
of husbandry, as defined in section 168A.01, subdivision 8; and special mobile equipment, as
defined in section 168.011, subdivision 22. This subdivision applies to farm trucks, implements of
husbandry, and special mobile equipment, when being used for their intended purposes.
    Subd. 7. Family farms. Sections 144.414 to 144.417 do not prohibit smoking in the house,
garage, barns, and other buildings on a family farm that meet the following criteria: (1) the family
farm is engaged in farming, as defined in section 500.24, subdivision 2, paragraph (a); (2) the
family farm meets the definition of family farm under section 500.24, subdivision 2, paragraph (b),
(c), (j), or (l); and (3) the family farm employs two or fewer persons who are not family members.
    Subd. 8. Disabled veterans rest camp. Sections 144.414 to 144.417 do not prohibit smoking
in the disabled veterans rest camp located in Washington County, established as of January 1,
2007.
    Subd. 9. Theatrical productions. Sections 144.414 to 144.417 do not prohibit smoking by
actors and actresses as part of a theatrical performance conducted in compliance with section
366.01. Notice of smoking in a performance shall be given to theater patrons in advance and
shall be included in performance programs.
History: 2007 c 82 s 10