Oregon's Indoor Clean Air Act (ICAA) protects nearly every Oregonian from the health risks of secondhand smoke. The ICAA prohibits smoking in the workplace and within 10 feet of all entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents. In 2016, the Oregon legislature added "inhalant delivery systems" to the ICAA. This means that the ICAA applies to products such as e-cigarettes and vape pens.
Under the ICAA, smoking is prohibited in public places and workplaces, with few exceptions. Public place means any enclosed area open to the public. Place of employment means an enclosed area that is under the control of a public or private employer and that employees frequent during the course of employment.
The Oregon Health Authority (OHA) is responsible for enforcing the ICAA.
UPDATE: Senate Bill 29
On June 20, 2019, Governor Kate Brown signed Senate Bill 29 (SB) into law. This law amends the Indoor Clean Air Act and changes requirements for smoke shops certified by the Oregon Health Authority under ORS 433.847.
Smoke shops must comply with SB 29 beginning on January 1, 2020.
NOTICE OF PROPOSED RULEMAKING
The Oregon Health Authority, Public Health Division, is proposing revisions to administrative rules pertaining to the Oregon Indoor Clean Air Act (ICAA) and sales of tobacco products and inhalant delivery systems to persons under 21 years of age. The proposed amendments are related to statutory changes from the passage of Senate Bill 29 (Oregon Laws 2019, chapter 456), which clarifies requirements for smoke shops and makes minor reporting requirement changes for OHA to the legislature regarding sales to persons under the age of 21.
Review the proposed rules (pdf)
A public hearing will be held in Portland, OR on October 16, 2019 at 10:00 a.m. at the Portland State Office Building, 800 NE Oregon St. Room 1D, Portland, OR 97232.
Written comments are due by 5:00 p.m. on October 25, 2019, and may be submitted to the Public Health Division Rules Coordinator at the following address:
OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232
Fax: (971) 673-1299
E-mail comments to: email@example.com
Final rules will be filed after consideration of all comments.