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"Because regulations in general may be more effective if generated and enforced at the local level, considerable energy is devoted to the issue of opposing or repealing preemption of local authority by states. Public health analyses have resulted in strong recommendations that state laws not preempt local action..."
Centers for Disease Control and PreventionReducing Tobacco Use: A Report of the Surgeon General, 2000
North Dakota
North Dakota's smokefree law prohibits smoking in public places and places
of employment as of August 1, 2005. Smoking is allowed in bars and in separately
enclosed bar areas in restaurants and hotels. Read
North Dakota's 100% smokefree workplace law.
To learn about the workplace law, visit the North Dakota Department of Health.
North Dakota does not preempt local control. The North Dakota Attorney General issued an opinion on June 29, 2005 stating that Senate Bill 2300, effective August 1, 2005, preempts all city or county ordinances that provide less protection from secondhand smoke than the new law, but permits local ordinances that provide more protection. Read more about current tobacco-related legislation in North Dakota.
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2007.
North Dakota's next legislative session will convene in 2011.
Legislative SummariesArchives
There aren't any legislative summaries for this state at this time. Please check back.
Action AlertsArchives
- 8/13/2010Preemption Watch Bill Tracking Summary
- 5/19/2010What's happening in the U.S. Territories and Commonwealths?
News SummariesArchives
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 2/19/2009Smoking ban in bars beaten in ND House
Press ReleasesArchives
There aren't any press releases for this state at this time. Please check back.
State Specific Resources
- 4/27/2007North Dakota Preemption Materials
- 8/2/2004Thank You Flyer for Anti-Preemption Resolutions
- 11/18/2005Resolutions: North Dakota League of Cities

