Pennsylvania HB 880: An Act amending the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, further providing for title of act, for definitions, for prohibition, for signage, for enforcement, for preemption of local ordinances and for repeal; and making editorial changes.

Bill Text

PRIOR PRINTER'S NO. 1193 PRINTER'S NO. 2375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 880
Session of
2025
INTRODUCED BY FRANKEL, HILL-EVANS, FREEMAN, VENKAT, HOWARD,
WAXMAN, MAYES, MADDEN, GIRAL, SAPPEY, BOROWSKI, SANCHEZ,
D. WILLIAMS, KHAN, STEELE, BELLMON, DOUGHERTY, DONAHUE,
KRAJEWSKI, GREEN, SMITH-WADE-EL, DALEY, BRIGGS AND SCOTT,
APRIL 1, 2025
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, SEPTEMBER 30, 2025
AN ACT
Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
act regulating smoking in this Commonwealth; imposing powers
and duties on the Department of Health and local boards of
health; providing penalties; preempting local action; and
making a related repeal," further providing for title of act,
for definitions, for prohibition, for signage, for
enforcement, for preemption of local ordinances and for
repeal; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 2, 3(b) and (c), 4, 5(d),
8, 11 and 29 of the act of June 13, 2008 (P.L.182, No.27), known
as the Clean Indoor Air Act, are amended to read:
AN ACT
Regulating smoking in this Commonwealth; imposing powers and
duties on the Department of Health and local boards of
health; providing penalties; [preempting local action;] and
making [a related repeal] related repeals.
Section 2. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult day care." As defined in section 1001 of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Child-care services." As defined in 23 Pa.C.S. § 6303
(relating to definitions).
"Cigar bar." Any of the following:
(1) An establishment which, on the effective date of
this section, operates pursuant to an eating place retail
dispenser's or restaurant liquor license under the act of
April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and
is physically connected by a door, passageway or other
opening and directly adjacent to a tobacco shop.
(2) An establishment which, at any time, operates
pursuant to an eating place retail dispenser's license, malt
or brewed beverage distributor's license or restaurant liquor
license under the Liquor Code, and has total annual sales of
tobacco products, including tobacco, accessories or cigar
storage lockers or humidors of at least 15% of the combined
gross sales of the establishment.
"Department." The Department of Health of the Commonwealth.
["Drinking establishment." Any of the following:
(1) An establishment which:
(i) operates pursuant to an eating place retail
dispenser's license, restaurant liquor license or retail
dispenser's license under the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code;
(ii) has total annual sales of food sold for on-
premises consumption of less than or equal to 20% of the
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combined gross sales of the establishment; and
(iii) does not permit individuals under 18 years of
age.
(2) An enclosed area within an establishment which, on
the effective date of this section:
(i) operates pursuant to an eating place retail
dispenser's license, restaurant liquor license or retail
dispenser's license under the Liquor Code;
(ii) is a physically connected or directly adjacent
enclosed area which is separate from the eating area, has
a separate air system and has a separate outside
entrance;
(iii) has total annual sales of food sold for on-
premises consumption of less than or equal to 20% of the
combined gross sales within the permitted smoking area of
the establishment; and
(iv) does not permit individuals under 18 years of
age.
The term does not include a nightclub.]
"Electronic smoking device." An electronic device that
contains or delivers nicotine or another substance to an
individual inhaling from the device. The term includes any
device, whether manufactured, distributed, marketed or sold as
an electronic nicotine delivery system, electronic cigarette,
electronic cigar, electronic pipe, vape pen or other electronic
device under any other product name or descriptor.
["Full-service truck stop." An establishment catering to
long-haul truck drivers that provides shower facilities for a
fee.
"Gaming floor." Any portion of a licensed facility where
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slot machines have been installed for use or play as approved by
the Pennsylvania Gaming Control Board. The term does not include
an area adjacent to the gaming floor, including any hallway,
reception area, retail space, bar, nightclub, restaurant, hotel,
entertainment venue or office space.]
"Licensed facility." As defined in 4 Pa.C.S. § 1103
(relating to definition