Minnesota Statutes Health (Ch. 144-159) § 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 144.414to144.417do 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 insection 260.755, subdivision 12.

Subd. 3. Private places. Except as provided insection 144.414, subdivision 2, nothing insections 144.411to144.417prohibits smoking in:

Subd. 4. Tobacco products shop.Sections 144.414to144.417do not prohibit the lighting, heating, or activation 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 that has an entrance door opening directly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco-related devices, and electronic delivery devices, as defined insection 609.685, 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 144.414to144.417do not prohibit smoking in the cabs of motor vehicles registered undersection 168.013, subdivision 1e, with a total gross weight of 26,001 pounds or greater.

Subd. 6. Farm vehicles and construction equipment.Sections 144.414to144.417do not prohibit smoking in farm trucks, as defined insection 168.002, subdivision 8; implements of husbandry, as defined insection 168A.01, subdivision 8; and special mobile equipment, as defined insection 168.002, subdivision 31. 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 144.414to144.417do 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 insection 500.24, subdivision 2, paragraph (a); (2) the family farm meets the definition of family farm undersection 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 144.414to144.417do not prohibit smoking in the disabled veterans rest camp located in Washington County, established as of January 1, 2007.

Subd. 9. Theatrical productions.Sections 144.414to144.417do not prohibit smoking by actors and actresses as part of a theatrical performance conducted in compliance withsection 366.01. Notice of smoking in a performance shall be given to theater patrons in advance and shall be included in performance programs.