In 2008, California marked the 10 year anniversary of the full implementation of AB 13, the landmark statewide smokefree law. Restaurants and most workplaces went smokefree in January 1995, and bars followed suit in January 1998. California's smokefree air law generally prohibits smoking in enclosed workplaces, including restaurants and bars. Non-hospitality employers with five or fewer employees may allow a smoking area under certain conditions. Warehouses of a specified size, meeting rooms, hotel lobbies, owner-opperated businesses and other specified workplaces are exempt. Smoking is prohibited in public places. Read California's 100% smokefree law.

Numerous California communities have enacted 100% smokefree laws that go beyond the statewide smokefree law, closing gaps in indoor coverage and expanding smokefree protections to a number of outdoor public places. Contact your county tobacco control program to learn how you can get involved in your area.

Despite the conflicting language in CA Labor Code Sec. 6404.5 regarding preemption, subsequent interpretation of the law and legal opinions demonstrate that California communities do have the right to enact smokefree air laws, including with respect to areas addressed by the Labor Code provision. A favorable ruling in the case City of San Jose v. Department of Health Services et al.: H016744 (Santa Clara County Super.Ct.No. CV752231), regarding regulating smoking in nursing homes, found that both the CA Labor Code Sec. 6404.5 and a prior law, the California Indoor Clean Air Act of 1976 (Health & Safety Code section 118875 et seq.), allow local governments to regulate smoking in ways that are not inconsistent with or already covered by state law. Indeed, more than two dozen communities have enacted laws that cover areas addressed by Labor Code Sec. 6404.5 without challenge.

Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2007.

California's 2010 Legislative Session: January 4 to August 31, 2010 (est.)