Overview of non-smoker protection laws in German federal states

Baden-Württemberg

Local police

Catering trade

• Since 2009, tents and single-room pubs under 75 m2 that only offer simple cold dishes are no longer smoke-free.
• Larger restaurants, discotheques and club restaurants can set up completely separate smoking rooms. They must be clearly marked. Unlike smoking establishments, young people are also allowed to enter smoking rooms and food may also be served there. The main room is the largest room in the restaurant in terms of area; there may be several smoking rooms as long as they are smaller than the main room. Labeling is mandatory.
• Tobacco-based shisha cafés are also subject to the smoking ban.

For violations, landlords pay 2,500 to 5,000 euros (in the event of a repeat offense within one year), guests between 40 and 150 euros.

Schools: Smoking rooms may be set up in schools with students over the age of 18.

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Bavaria

Public order office

One of the most consistent non-smoking laws in Germany. All restaurants, discotheques and tents are smoke-free. Exceptions only apply to closed parties (family celebrations, board meetings, etc.) with a specified guest list. Violations are considered an administrative offense and are punishable by a fine of 5 to 1,000 euros.

Cultural and leisure facilities, including playgrounds, as well as educational institutions are smoke-free.

Berlin

Public order office

Catering trade:

• Since 2009, smoking has been permitted in single-room bars up to 75 m2. Persons under the age of 18 are not permitted to enter and food prepared on site may not be served. Clearly visible signs must indicate that a pub is a smoking establishment and that access is restricted. Smoking bars must be registered with the authorities.
• Smoking areas in larger restaurants must be physically separated. Persons under the age of 18 are not permitted.
• Smoking is permitted in shisha restaurants that are only open to over 18s and do not serve alcoholic beverages.
• Discotheques that grant access to under-18s must be smoke-free.

Guests pay up to 100 euros for violations, landlords up to 1,000 euros.

Hospitals, schools, public facilities: smoke-free since 2008.

Brandenburg

Public order office

Catering trade:

• Smoking is permitted in establishments up to 75 m2.
• Larger restaurants may set up smoking rooms.
• In discotheques, smoking is banned.

For violations, guests pay between 5 and 100 euros, landlords between 10 and 1000 euros.

Publicly accessible areas of buildings: no smoking; Playgrounds are smoke-free; care facilities, homes: smoking rooms permitted. Prison facilities are not smoke-free.

Bremen

Catering trade:

Since 2009, smoking has been permitted in

• Single-room pubs under 75 m2 without offering prepared food and
• Separate smoking rooms in larger restaurants and bars and
• Discotheques (only in rooms without a dance floor)
• However, tents and amusement arcades have been smoke-free since 01.06.2013.

Smoking areas or separate smoking rooms must be marked as such. The prohibition of access for persons under the age of 18 must also be pointed out. In the event of violations, those responsible pay up to 2,500 euros, smokers up to 500 euros;

Public authorities, cultural, sports and educational facilities, playgrounds, shopping centers and shopping arcades are smoke-free.

Hamburg

Catering trade:

• Single-room pubs that do not serve food and to which only adults are admitted may declare themselves to be smoking pubs
• Smoking rooms may be set up in larger establishments that do not offer prepared food, provided they are smaller than the main room and young people under 18 are not allowed in. High requirements and mandatory certification apply to the ventilation and air conditioning systems in these smoking rooms.
• Tents and clubhouses are subject to the same regulations as other restaurants.

Hospitals, schools, cultural and sports facilities and public authorities are smoke-free.

Since October 2019, smoking and alcohol have been banned in playgrounds in accordance with Section 1 sentence 3 no. 10a of the Ordinance on the Protection of Public Green and Recreational Areas.

For violations, smokers pay 20 to 200 euros, responsible persons 50 to 500 euros.

Hesse

Catering trade:

Ban of smoking and consuming tobacco heaters and e-cigarettes in force

• In restaurants. Exceptions: Single-room restaurants up to 75 m2 (only cold or simply prepared food) or separate smoking rooms. Access then only for adults.
• In tents.

No smoking ban in casinos.

Authorities and care facilities:

• Smoking rooms permitted.

Cultural and sports facilities (indoor) and playgrounds are smoke-free.

Violations are considered an administrative offence and cost smokers up to 200 euros and those responsible up to 2,500 euros.

Mecklenburg-West Pomerania

Catering trade:

• Smoking is permitted in one-room pubs
• There may be separate smoking rooms in larger restaurants
• Discotheques are smoke-free.

Parliament, authorities, universities: smoking rooms permitted.

Schools are smoke-free.

Violations are considered an administrative offence and cost smokers up to 500 euros and those responsible up to 10,000 euros.

Lower Saxony

Catering trade:

• Single-room pubs may register as smoking pubs if they do not serve food and young people under the age of 18 are not admitted.
• In larger businesses as well as
• In discotheques there may be completely enclosed smoking rooms. These smoking rooms must be clearly marked. Minors may enter these rooms; food may be served there.

Schools, facilities for children, sports halls, indoor swimming pools are smoke-free.

Authorities, parliament, hospitals, care facilities: smoking rooms permitted.

Violations are administrative offences and can be punished with a fine.

Northrine-Westfalia

Catering trade:

Strict non-smoker protection has been in force since 1 May 2013: restaurants, pubs and discos are smoke-free. Exceptions are only possible for private parties with a specified guest list.

Schools, cultural and sports facilities are smoke-free, as are playgrounds.

There may be smoking rooms or exceptions to the smoking ban in public authorities, care facilities and adult education centres.

Violations are considered an administrative offence and cost those responsible up to 2,500 euros, smokers 5 to 1,000 euros.

Rhineland-Palatinate

Catering trade:

• Single-room pubs under 75 m2 in which only simply prepared food is offered are not smoke-free. Clear indications of the smoking ban are mandatory, especially in the entrance area.
• In larger establishments and
• discotheques and
• marquees there may be smoking rooms; discotheques may not have a dance floor. Smoking rooms may not have more floor space or seats than the smoke-free guest rooms and must be clearly signposted. Marquees and private closed parties (at the request of the organiser) are not smoke-free.

Parliament, authorities and schools are smoke-free.

Exceptions to the smoking ban may be permitted in hospitals and care homes.

Sports and educational facilities (also for adults): publicly accessible areas are smoke-free, as are cultural facilities, but exceptions apply to performers.

Violations are considered an offence and cost up to 500 euros for smoking or breach of the duty to inform, and up to 1,000 euros for failure to comply with the legal regulations.

Saarland

Catering trade:

Since 1 December 2011, restaurants, discotheques and marquees have been completely smoke-free. Exceptions only apply to “genuine” closed parties at the request of the organiser.

Schools, sports and cultural facilities, including playgrounds, are smoke-free (except where smoking is part of the artistic performance).

Hospitals, care facilities: Exceptions possible in individual cases.

There may be separate smoking rooms in public authorities and adult education centres.

Violations are administrative offences and cost smokers up to 200 euros and those responsible up to 2,000 euros.

Saxony

Catering trade:

• Single-room restaurants, amusement arcades and discos are not smoke-free if minors are not admitted and the smoking rooms do not have a dance floor
• In pubs with several rooms, there may be separate smoking areas (access for adults only). Smoking areas must be labelled everywhere. Smoking is permitted for closed parties at the request of the organiser.

Public authorities, schools, cultural and sports facilities, doctors’ surgeries and pharmacies are smoke-free.

There may be exceptions to the smoking ban in care facilities.

Violations can be penalised with a fine of up to 5,000 euros.

Saxony-Anhalt

Catering trade:

• Single-room restaurants, amusement arcades and discos are not smoke-free if minors are not admitted and smoking rooms do not have a dance floor. Prepared food may then only be an ancillary offer
• In other establishments, there may be separate smoking rooms (no access ban for minors according to the law, although the Ministry of Health assumes in its questions and answers on the law that such a ban exists). Smoking areas must be labelled everywhere. Smoking is permitted in closed groups.

State parliament, schools, care, cultural and sports facilities are smoke-free

Public administration, universities, adult education: there may be smoking rooms here.

Schleswig-Holstein

Catering trade:

• Single-room pubs under 75 m2 that do not sell prepared food and do not grant access to young people under the age of 18 can apply for a smoking pub licence
• In pubs with several rooms and marquees, there may be separate smoking rooms.

Schools and other educational institutions, sports and cultural facilities are smoke-free.

Since 2020, smoking has been banned in public playgrounds, even if they are not part of a building or other enclosed space. The smoking ban also applies to schools, daycare centres and playgrounds in the associated outdoor areas. In day care centres, smoking is prohibited in rooms intended for children.

Exceptions are possible in care facilities.

Violations are considered an offence and cost up to 1,000 euros.

Thuringia

Catering trade:

• Single-room pubs, amusement arcades and casinos under 75 m2 that do not offer prepared food for consumption on the spot and only allow adults to enter, as well as marquees, are not smoke-free
• In larger restaurants there may be separate smoking rooms, also in discos, but without a dance floor. Strict labelling requirements apply in all cases.

Authorities, public administration and healthcare facilities can designate smoking areas.

Schools (including universities, adult education centres), cultural and sports facilities as well as publicly accessible areas in clubhouses and service facilities are smoke-free.

Violations are considered an administrative offence and cost smokers 20 to 200 euros, responsible persons 50 to 500 euros.