Smoking in Germany

Last updated

Cigarette smoker Cigarettelight.JPG
Cigarette smoker

In Germany, smoking is widespread and is subject to very few and lax regulations compared to other countries in Europe. [1] [2] [3] Tobacco taxes in Germany are among the lowest in Europe. [4] Germany ranks last on the Tobacco Control Scale [5] and has sometimes been referred to as the "smoker's paradise" of Europe. [6] [5] According to German addiction researcher Heino Stöver  [ de ], Germany has "[...] more cigarette vending machines than any other country in the world." [7]

Contents

Under federal law, the manufacture, import, distribution, and advertisement of tobacco is regulated whilst the 16 federal states of Germany each have their own legislation regarding smoking in public places, [8] which range from relatively weak regulations to full smoking bans in all licensed premises, childcare facilities, schools and governmental institutions.

As of July 2016, nearly 40% of the German population live in a state which bans smoking in all restaurants, pubs, cafés and nightclubs (Bavaria, North Rhine-Westphalia, Saarland). The other 13 states permit smoking in designated rooms or in bars with a floor area of less than 75 square meters.

According to a 2013 micro-census survey, 24.5% of the German population aged fifteen years and over are smokers (29% of men, 20% of women). [9] Among the 18–25 age group, 35.2% are smokers. [10]

Prevalence

In 2005, 27% of the population admitted to being current smokers. 23% were daily smokers (28% of men and 19% of women,) while 4% smoked occasionally. The highest ratio of daily smokers was in the 20-24 age group: 38% of men and 30% of women. [11] According to a 2010 study by University of Bielefeld, 9.9% of all 15-year-old males and 10.8% of 15-year-old females smoked daily, which showed a strong decline during the previous decade. [12]

As in other industrial countries the prevalence of smoking in Germany is lower among people with higher education levels.

A 2006 a comparative study found that 25.1% of male and 20.6% of female medical students in Göttingen smoked, while in London the percentages were only 10.9% and 9.1%. [13]

Germany had the largest number of cigarette vending machines per capita in the world: 1 per 102.5 people. [14]

Cigarette smoking among adults, 2013

Smoking rate among adults by age and gender Percentage of smokers by age and gender (Germany).png
Smoking rate among adults by age and gender

According to a 2013 microcensus, about one in four (24.5%) people aged 15 years and over was a smoker, 20.9% regularly, and only 3.6 occasionally. The rate of ex-smokers was 19.3%. [15] The average age at which smokers begin is 17.8 years of age (in the age group of 15- to 20-year-olds the average age is 15.4 years)[ citation needed ]

Percentage of smokers by age and gender [15]
Age (y)MaleFemale
15–2019.9%15.0%
20–2539.9%32.8%
25–3044.3%32.2%
30–3542.5%28.3%
35–4039.0%27.9%
40–4538.3%30.3%
45–5038.9%31.1%
50–5536.7%28.3%
55–6030.7%22.2%
60–6524.9%16.8%
65–7017.0%11.0%
70–7512.5%6.7%
over 758.0%3.6%

Annual cigarette consumption per capita

In 2010, an average of 229 million cigarettes were smoked every day, corresponding to 1,021 cigarettes per capita.

Smoking behaviour by age and gender – as of 2006 [16]
Smoking behaviourWomen, 18 to 29Women, 30 to 44Women, 45 to 64Women, 65 and olderWomen, totalMen, 18 to 29Men, 30 to 44Men, 45 to 64Men, 65 and olderMen, total
Daily smokers33.6%29.3%22.0%5.1%21.9%39.3%36.0%26.1%11.8%29.2%
Occasional smokers11.0%7.4%5.3%2.4%6.1%14.4%8.3%6.9%3.8%8.1%
Ex-smokers14.6%24.1%25.5%21.2%22.3%14.7%23.9%38.2%52.1%31.8%
Never smoked40.8%39.2%47.2%71.3%49.7%31.5%31.8%28.8%32.4%30.9%

Cigarette consumption per day

Amount of smoked cigarettes per day by age per Sozio-oekonomische Panel (SOEP) .

Source: Sozio-oekonomische Panel (SOEP), 2006
CigarettesPercentage, 2006 [17] Percentage, 2012 [18]
0–47%14,7%
5–914%26.5
10–1422%19.8%
15–1918%26.5%
20–2424%5.6%
25–295%4.4%
30–345%2,6%
35–391%DNA
40 and more4%DNA

Tobacco consumption from 1991 until 2013

Cigarette consumption per year from 1991 until 2013 Tobacco consumption from 1991 until 2013 (Germany).png
Cigarette consumption per year from 1991 until 2013

Average amount of cigarettes smoked daily, by year. [19]

Source: Federal Statistical Office of Germany
YearCigarettes
in million
1991401
1992359
1993351
1994367
1995370
1996373
1997377
1998379
1999398
2000382
2001390
2002398
2003363
2004306
2005262
2006256
2007251
2008241
2009237
2010229
2011240
2012225
2013220

Political measures against smoking

Misleading labels

Since 2003 it is illegal to label a tobacco product as "light", "mild", "low-tar" or any other misleading form of advertisement which could cause the impression that the product causes less damage than other tobacco products. [20] [21]

Advertising

Advertisement of tobacco in front of a shop Kiosk-frankfurt-gallus.jpg
Advertisement of tobacco in front of a shop

All radio and television advertisement for tobacco products was banned in 1975. [22] This regulation was extended by the "Rundfunkstaatsvertrag" on 1 August 1999, banning any kind of sponsoring of television and radio shows. In 2002, the "Protection of Young Persons Act" banned the advertising of tobacco products in cinemas before 6 p.m. [23] On 1 January 2007, the European Tobacco advertisement directive came into effect, banning the advertising of tobacco products on the internet, in newspapers and magazines. The regulation also banned sponsorship of any event which is broadcast internationally. [24]

Germany was the last EU member state to still legally permit billboard and cinema advertising for tobacco products, however this was changed by a new government regulation. Outdoor advertising is restricted in stages: From January 1, 2022, for tobacco products, from January 1, 2023, for tobacco heaters and from January 1, 2024, for e-cigarettes. [25] Cinema advertising was banned in 2021. [26]

Warning labels

Cigarette packs displaying warnings in German EU-Warnhinweise.jpg
Cigarette packs displaying warnings in German

In accordance with EU Tobacco Products Directive II, all sold cigarettes, rolling tobacco and hookah tobacco manufacturers have to cover 65% of the packaging with combined pictorial and textual warning labels on both sides, in addition to warning labels on the smaller sides since May 2017.

Tobacco taxation

Deutsches Tabaksteuerzeichen-Zigaretten.jpg
2003: 3,20 Euros for 19 cigarettes
Steuerzeichen April 2014.jpg
2014: 5,00 Euros for 20 cigarettes

In Germany the amount of tobacco and the value of the product is used to calculate the tax (§ 3 TabakStG). In order to calculate the tobacco tax for each package the number of cigarettes, cigars and cigarillos or the quantity in grams (smoking tobacco) and the retail selling price is required. The information is printed on the "Steuerbanderole" (tax strip) of each tobacco package in full Euro and cent values.[ citation needed ]

In 2002 and 2003, the tobacco tax was increased to finance anti-terrorist measures.[ citation needed ] In 2004 and 2005 three increases followed to financially support health insurance.[ citation needed ] In 2010 tax increases were decided for the next 5 successive years starting 1 May 2011 over 1 January 2012 to 1 January 2015.[ citation needed ]

As of 2015, the tobacco tax rate was 9.82 cents per cigarette and 21.69 percent of the retail price, which makes a minimum sum of 19.636 cents per cigarette minus the sales tax of the retail selling price.[ citation needed ]

Example calculation for a package containing 19 cigarettes with a retail price of 5,00 Euro:
19 * 0,0982 Euro + 5,00 Euro * 21,69% = 1,8658 Euro + 1,0845 Euro = 2,95 Euro.

Sale restrictions

Minors

Juveniles smoking and trading cigarettes in 1948 Bundesarchiv Bild 183-R79014, Schwarzmarkt, Jugendliche handeln mit Zigaretten.jpg
Juveniles smoking and trading cigarettes in 1948

Under Germany's "Protection of Young Persons Act" it is unlawful to sell or supply any tobacco product to anyone who is under eighteen years of age. It is also illegal to permit minors to smoke in any public place. Although it is not a crime for minors to purchase, attempt to purchase or consume tobacco products it is unlawful for any retailer or other responsible person to sell, supply or tolerate the consumption of tobacco by a person underage. If a minor is found smoking in public, the police have a duty to seize the tobacco products.

Protection of Young Persons Act – Section 10 Smoking in public, tobacco products
(1) Tobacco products may not be sold to children or adolescents nor may the latter be permitted/allowed to smoke in restaurants, shops or other public places.
(2) Tobacco products may not be made available from vending machines unless the following conditions are satisfied:

  1. The vending machine is installed at a location where it is not accessible to children or adolescents.
  2. The vending machine is fitted with mechanical means of ensuring or is permanently guarded to ensure that children and adolescents cannot buy tobacco products from them.

Prior to 1 September 2007 the minimum age for purchasing and smoking tobacco products had been 16 years. Until 1 January 2009 all tobacco vending machines had to be removed or refitted to ensure that minors could not purchase tobacco products from them. Since then, all vending machines require some form of identification before dispensing tobacco, usually an Electronic cash bank card, German identity card or European driving licence, to verify that the buyer is at least 18 years of age.[ citation needed ]

Sale of loose cigarettes

It is unlawful to sell any tobacco product in a package containing less than 19 cigarettes or 30 grams of loose fine-cut tobacco. To ensure this is the case, retailers may not destroy a tax strip on tobacco packaging. The law provides an exception for cigarillos and cigars under certain conditions. [27]

Retail price maintenance

Selling tobacco products for more or less than the retail sale price set by the manufacturer and printed on the tax strip is unlawful. The only exception is when providing free samples to a customer for advertising purpose. [28] [29]

Gaming and gambling

Tobacco products may not be used as a prize in any form of commercial gaming or gambling. [30]

Tie-on sales

Adding or supplying anything else than the tobacco product to a package of cigarettes, cigars or cigarillos except for change is unlawful. [31]

Federal smoking ban

The "Federal non-smoking act" [32] has introduced a smoking ban for the following public places and facilities:

  1. in federal institutions and the constitutional bodies of the federal government,
  2. in public transportation,
  3. in passenger stations of public railways.

The law does not apply to any residential or accommodation facility given to residents for personal use and allows for separated smoking facilities if the conditions apply which are set by the federal government.

Smoking ban by state

State Government agency, departments and other institutions of the state and municipalitiesPrisonsHospitals and nursing homesDay care centers for childrenSchoolsGymnasiums, swimming pools etc.Cultural institutionsDiscothèquesRestaurants and barsPublic transportationNote
Flag of Baden-Wurttemberg.svg  Baden-Württemberg Rauchverbot mit Ausnahmen.jpg 1 Rauchverbot mit Ausnahmen.jpg 2 Rauchverbot mit Ausnahmen.jpg 3 DIN 4844-2 D-P001.svg 4 Rauchverbot mit Ausnahmen.jpg 5 6 6 / Rauchverbot mit Ausnahmen.jpg (applies to cinemas only) 7 Rauchverbot mit Ausnahmen.jpg 8 Rauchverbot mit Ausnahmen.jpg 9 DIN 4844-2 D-P001.svg The non smoking protection law does not apply to: cultural institutions and sports facilities (except as part of a school). It also provides exceptions for restaurants, nightclubs, schools and governmental agencies and departments of the state and municipalities.
Flag of Bavaria (lozengy).svg  Bavaria DIN 4844-2 D-P001.svg 10 Rauchverbot mit Ausnahmen.jpg 11 Rauchverbot mit Ausnahmen.jpg 11 DIN 4844-2 D-P001.svg 10 DIN 4844-2 D-P001.svg 10 DIN 4844-2 D-P001.svg 10 Rauchverbot mit Ausnahmen.jpg 12 DIN 4844-2 D-P001.svg 10 DIN 4844-2 D-P001.svg 10 DIN 4844-2 D-P001.svg 10 In designated areas of police departments and public prosecutions offices, smoking may be permitted where interrogations are conducted and the interrogated person is a smoker and has the permission of the director or head of department.
Flag of Berlin.svg  Berlin Rauchverbot mit Ausnahmen.jpg 14 Rauchverbot mit Ausnahmen.jpg 14 Rauchverbot mit Ausnahmen.jpg 15 DIN 4844-2 D-P001.svg 13 DIN 4844-2 D-P001.svg 13 DIN 4844-2 D-P001.svg 13 Rauchverbot mit Ausnahmen.jpg 16 Rauchverbot mit Ausnahmen.jpg 17 Rauchverbot mit Ausnahmen.jpg 17 DIN 4844-2 D-P001.svg 13
Flag of Bremen.svg  Bremen DIN 4844-2 D-P001.svg 23 Rauchverbot mit Ausnahmen.jpg 24 Rauchverbot mit Ausnahmen.jpg 25 DIN 4844-2 D-P001.svg 23 DIN 4844-2 D-P001.svg 23 DIN 4844-2 D-P001.svg 23 DIN 4844-2 D-P001.svg 23 Rauchverbot mit Ausnahmen.jpg 26 Rauchverbot mit Ausnahmen.jpg 26 DIN 4844-2 D-P001.svg 23
Flag of Hamburg.svg  Hamburg Rauchverbot mit Ausnahmen.jpg 27 Rauchverbot mit Ausnahmen.jpg 28 Rauchverbot mit Ausnahmen.jpg 29 DIN 4844-2 D-P001.svg 30 DIN 4844-2 D-P001.svg 30 DIN 4844-2 D-P001.svg 30 DIN 4844-2 D-P001.svg 30 DIN 4844-2 D-P001.svg 30 Rauchverbot mit Ausnahmen.jpg 31 DIN 4844-2 D-P001.svg 30
Flag of Hesse.svg  Hesse Rauchverbot mit Ausnahmen.jpg 32 33 DIN 4844-2 D-P001.svg 36 Rauchverbot mit Ausnahmen.jpg 35 34 DIN 4844-2 D-P001.svg 36 DIN 4844-2 D-P001.svg 36 DIN 4844-2 D-P001.svg 36 DIN 4844-2 D-P001.svg 36 DIN 4844-2 D-P001.svg 36 Rauchverbot mit Ausnahmen.jpg 37 DIN 4844-2 D-P001.svg 36 Buildings of the Hessischer Rundfunk have a special status: inside the building separated smoking rooms can be established.
Flag of Lower Saxony.svg  Lower Saxony Rauchverbot mit Ausnahmen.jpg 42 Rauchverbot mit Ausnahmen.jpg 43 Rauchverbot mit Ausnahmen.jpg 44 42 DIN 4844-2 D-P001.svg 45 Schools:
DIN 4844-2 D-P001.svg 45 Institution of higher education:
Rauchverbot mit Ausnahmen.jpg 42
DIN 4844-2 D-P001.svg 45 Rauchverbot mit Ausnahmen.jpg 42 Rauchverbot mit Ausnahmen.jpg 42 Rauchverbot mit Ausnahmen.jpg 42 DIN 4844-2 D-P001.svg In accordance with § 4 NiRSG a municipality can ban smoking on public playgrounds.
Flag of North Rhine-Westphalia.svg  North Rhine-Westphalia DIN 4844-2 D-P001.svg 46 Rauchverbot mit Ausnahmen.jpg 47 Rauchverbot mit Ausnahmen.jpg 48 DIN 4844-2 D-P001.svg 46 DIN 4844-2 D-P001.svg 46 DIN 4844-2 D-P001.svg 46 DIN 4844-2 D-P001.svg 46 DIN 4844-2 D-P001.svg 46 DIN 4844-2 D-P001.svg 46 DIN 4844-2 D-P001.svg 46 North Rhine-Westphalia has one of the strictest smoking bans nationwide.
Flag of Rhineland-Palatinate.svg  Rhineland-Palatinate DIN 4844-2 D-P001.svg 49 Rauchverbot mit Ausnahmen.jpg 50 Rauchverbot mit Ausnahmen.jpg 51 Rauchverbot mit Ausnahmen.jpg 52 DIN 4844-2 D-P001.svg 49 DIN 4844-2 D-P001.svg 49 Rauchverbot mit Ausnahmen.jpg 53 Rauchverbot mit Ausnahmen.jpg 54 Rauchverbot mit Ausnahmen.jpg 54 DIN 4844-2 D-P001.svg 49
Flag of Saarland.svg  Saarland Rauchverbot mit Ausnahmen.jpg 55 Rauchverbot mit Ausnahmen.jpg 56 Rauchverbot mit Ausnahmen.jpg 56 DIN 4844-2 D-P001.svg 57 DIN 4844-2 D-P001.svg 57 DIN 4844-2 D-P001.svg 57 DIN 4844-2 D-P001.svg 57 DIN 4844-2 D-P001.svg 57 DIN 4844-2 D-P001.svg 57 DIN 4844-2 D-P001.svg 57
Flag of Schleswig-Holstein.svg  Schleswig-Holstein DIN 4844-2 D-P001.svg 64 Rauchverbot mit Ausnahmen.jpg 65 Rauchverbot mit Ausnahmen.jpg 65 DIN 4844-2 D-P001.svg 64 DIN 4844-2 D-P001.svg 64 DIN 4844-2 D-P001.svg 64 DIN 4844-2 D-P001.svg 64 Rauchverbot mit Ausnahmen.jpg 66 Rauchverbot mit Ausnahmen.jpg 66 DIN 4844-2 D-P001.svg 64
Flag of Brandenburg.svg  Brandenburg DIN 4844-2 D-P001.svg 21 Rauchverbot mit Ausnahmen.jpg 19 Rauchverbot mit Ausnahmen.jpg 20 DIN 4844-2 D-P001.svg 21 DIN 4844-2 D-P001.svg 21 DIN 4844-2 D-P001.svg 21 DIN 4844-2 D-P001.svg 21 Rauchverbot mit Ausnahmen.jpg 22 Rauchverbot mit Ausnahmen.jpg 22 DIN 4844-2 D-P001.svg 21
Flag of Mecklenburg-Western Pomerania.svg  Mecklenburg-Vorpommern Rauchverbot mit Ausnahmen.jpg 38 Rauchverbot mit Ausnahmen.jpg 39 Rauchverbot mit Ausnahmen.jpg 40 DIN 4844-2 D-P001.svg 41 Schools:
DIN 4844-2 D-P001.svg 41 Institution of higher education:
Rauchverbot mit Ausnahmen.jpg 38
Rauchverbot mit Ausnahmen.jpg 38 Rauchverbot mit Ausnahmen.jpg 38 Rauchverbot mit Ausnahmen.jpg 38 Rauchverbot mit Ausnahmen.jpg 38 DIN 4844-2 D-P001.svg In accordance with § 2 (1) NichtRSchutzG M-V, every building can establish separated smoking areas. This does not apply to schools (except institutions of higher education), as well as daycare facilities for children.
Flag of Saxony.svg  Saxony Rauchverbot mit Ausnahmen.jpg 58 Rauchverbot mit Ausnahmen.jpg 58 Rauchverbot mit Ausnahmen.jpg 58 DIN 4844-2 D-P001.svg 59 DIN 4844-2 D-P001.svg 59 DIN 4844-2 D-P001.svg 59 DIN 4844-2 D-P001.svg 59 Rauchverbot mit Ausnahmen.jpg 60 Rauchverbot mit Ausnahmen.jpg 60 DIN 4844-2 D-P001.svg 59
Flag of Saxony-Anhalt (state).svg  Saxony-Anhalt Rauchverbot mit Ausnahmen.jpg 63 Rauchverbot mit Ausnahmen.jpg 62 Rauchverbot mit Ausnahmen.jpg 62 63 DIN 4844-2 D-P001.svg 61 Schools:
DIN 4844-2 D-P001.svg 61
Institution of higher education:
Rauchverbot mit Ausnahmen.jpg 63
DIN 4844-2 D-P001.svg 61 DIN 4844-2 D-P001.svg 61 Rauchverbot mit Ausnahmen.jpg 63 Rauchverbot mit Ausnahmen.jpg 63 DIN 4844-2 D-P001.svg 61
Flag of Thuringia.svg  Thuringia Rauchverbot mit Ausnahmen.jpg 69 Rauchverbot mit Ausnahmen.jpg 68 Rauchverbot mit Ausnahmen.jpg 68 DIN 4844-2 D-P001.svg 67 DIN 4844-2 D-P001.svg 67 DIN 4844-2 D-P001.svg 67 DIN 4844-2 D-P001.svg 67 Rauchverbot mit Ausnahmen.jpg 69 Rauchverbot mit Ausnahmen.jpg 69 DIN 4844-2 D-P001.svg 67
1Exceptions may be issued for special events. A general exception does exists for enclosed rooms. [33]
2Smoking is allowed in detention premises, which are inhabited exclusively by smokers. In enclosed rooms or at special events further exemptions may be issued. [33]
3Exceptions apply to patients in: palliative care, psychiatric treatment, by a court-ordered placement in a closed facility, or to achieve the therapeutic goal (addiction treatment). Smoking in enclosed areas of care facilities may be permitted if it is used or occupied exclusively by smokers or with the permission of the residents. [34]
4Absolutely no smoking. [35]
5Except apartments which are located wholly or partially on the school ground. Furthermore, the teacher's conference can allow smoking for adult students from class 11, or the corresponding classes of vocational schools as well as for teachers working there, at designated smoking areas with permission of the school committee and after consulting the parents' and student council. [36]
6Is not covered by the state's smoking ban. Restrictions may apply if it is a part of a school or other educational establishment.
7Since smoking is banned in all public establishments where food or drinks are administered for consumption on premises, smoking is prohibited in theaters and cinemas. This was confirmed on request from the government of Tübingen and the relevant ministry.
8Exceptions for discothèques are made, if the smoking room is completetly separated and does not have a dance floor. Furthermore, minors under the age of 18 years may never be present on premises and the smoking area has to be clearly recognisable by a legible notice. [37]
9Exceptions for restaurants and bars exist for completely separate rooms, if these areas are marked clearly recognizable as smoking rooms. Furthermore, smoking is permitted in bars and pubs: which are smaller than 75 square meters, the relevant premises only has one room which is used to serve the customers (Einraumgaststätten), and no food or just "cold" prepared food is sold for consumption on premises, and minors under the age of 18 are not permitted to enter and if the premises is clearly recognisable as a smokers pub. [37]
10Absolutely no smoking. [38]
11Exceptions apply to patients in: palliative care and psychiatric hospitals where smoking can be permitted at every station in a side room. In addition, the director of a correctional facility may permit smoking in common areas. [38]
12Smoking is permitted if it is a part of an artistic performance. [38]
13Absolutely no smoking. [39]
14Exceptions apply for designated areas of correctional facilities, at deportation custody in prison cells of prisoners, other specially designated rooms in specially designated waiting areas in court buildings and in specially designated waiting areas and at interrogation in police stations. [39]
15Exceptions apply for: designated rooms of psychiatric hospitals or rehabilitation centers, as well as areas in health facilities. Especially in psychiatry and palliative care for patients with permission of the chief physician allowing smoking for therapeutic reasons. Furthermore, exceptions apply for designated areas of stationary institutions or care centers for disabled people. [39]
16Smoking is permitted if it is a part of an artistic performance. [39]
17Exceptions apply to:
  • Hookah bars which are clearly designated as smoking establishments. Minors under the age of 18 are not permitted on premises.
  • Bars and pubs: which are smaller than 75 square meters, the relevant premises only has one room which is used to serve the customers (Einraumgaststätten), and no food or just "cold" prepared food is sold for consumption on premises, and minors under the age of 18 are not permitted to enter and if the premises is clearly recognisable as a smokers pub
  • Private "clubs" (Vereinsgaststätten) which are run as smoking bars. Minors under the age of 18 are not permitted on premises.
  • Bars, restaurants, clubs and discothèques which have a separated smoking area. Minors under the age of 18 are not permitted on premises. [39]
18Exceptions apply for holding cells of police departments with explicit permission by the chief the department. [40]
19Excepted from the smoking ban are: prison cells of correctional facilities and of deportation custody, with permission of the chief of the administration. [40]
20Excluded from the smoking ban are forensic commitment in patient rooms and in the areas where the management of the facility allows smoking, as well as in specially designated areas in health facilities, especially in psychiatry and palliative care for patients with permission by the treating physician for therapeutic reasons and in the rooms of homes or child care facilities pursuant to § 34 of the Eighth book of the Social Code, which are left to the residents for private use; in institutions beyond in specially designated areas where the home management allows smoking for residents and their families. [40]
21Absolutely no smoking. [40]
22Exceptions apply to:
  • Restaurants, bars and clubs can allow smoking in a separated and ventilated smoking room. Minors under the age of 18 are not permitted inside these smoking rooms.
  • Premises permitting smoking if they are smaller than 75 square meters, and none or just "cold" prepared food is sold for consumption on premises. Minors under the age of 18 are not permitted on premises.
  • Discothèques can allow smoking in separated smoking room with no dancing floor. Minors under the age of 18 are not permitted on premises. [40]
23Absolutely no smoking. [41]
24Excluded from the smoking ban are prisoner cells (only for solitary cells). Further smoking can be permitted in enclosed smoking rooms if permission is given by the chief of department. [41]
25Excluded from the smoking ban are: rooms used by patients of palliative care or patients in psychiatric treatment or reside in a closed ward of a hospital because of a court-ordered placement. Furthermore, exceptions can be given to single patients to reach therapy goal. In individual cases, the attending physician will decide. [41]
26In restaurants, bars and clubs separated smoking rooms can be established. In discothèques the separated room may not be connected to the dancing floor. [41] Furthermore, smoking is permitted in bars and pubs: which are smaller than 75 square meters, the relevant premises only has one room which is used to serve the customers (Einraumgaststätten), and no food or just "cold" prepared food is sold for consumption on premises, and minors under the age of 18 are not permitted to enter and if the premises is clearly recognisable as a smokers pub.
27Exceptions apply to rooms of police custody if permission is given by the chief of department in each individual case. [42]
28Excluded are rooms used for habitation, and if permission is given by every resident. Furthermore, permission has to be obtained by the chief of the establishment. [42]
29Excluded are patients of mandatory conceptual or therapeutic reasons. [42]
30Absolutely no smoking. [42]
31Exceptions apply to:
  • Restaurants, bars, clubs and discothèques with a separated and ventilated smoking room. Minors under the age of 18 are not permitted inside these smoking rooms.
  • If a bar or club is smaller than 75 square meters and does not serve or sell table meals or prepared food for consumption on premises and if this premises has a liquor license (§ 3 Gaststättengesetzes). Minors under the age of 18 are not permitted on premises. [42]
32Excepted are completely separated smoking rooms, if their existence does not violate non-smokers. [43]
33Exceptions apply for holding cells of police departments with explicit permission by the chief the department. [43]
34Excluded are rooms used by residents for their own personal use. [43]
35Excepted are patients of hospitals or other health care facilities, if smoking is a part of a medical treatment. [43]
36Absolutely no smoking. [44]
37The smoking ban does not apply to:
  • completely separated smoking rooms of restaurants, bars, clubs and discothèques.
  • any premises smaller than 75 square meters with only one rooms offering service to their customers, if none or just "cold" prepared food is sold for consumption on premises.
  • a private event is carried out in a premises and only invited guests are allowed to enter.
  • party tents, which are only temporary and maximum 21 days in a row at the same location.
  • casinos (as defined in the Hessischen Spielbankgesetz from 15. November 2007 (GVBl. I S. 753)), smoking ban lifted by court ruling on 27 Sept.. 2012 (GVBl. S. 290). [43]
42Exccluded are completely separated smoking rooms, which are marked as smoking rooms. and any premises smaller than 75 square meters with only one rooms offering service to their customers, if none or just "cold" prepared food is sold for consumption on premises. [45]
43The smoking ban does not apply to detention and interrogation rooms of correctional facilities and the police. [45]
44The smoking ban does not apply to:
  • patient rooms of facilities if the individual was sent there by a court order.
  • rooms of facilities for palliative care which are used by residents for personal use.
  • any hospital or health care facility if smoking is part of a therapy goal, and permission is given by the chief medical officer.
  • if the individual is not permitted to leave the facility. [45]
45Absolutely no smoking. [45]
38Exccluded are completely separated smoking rooms, which are marked as smoking rooms. and any premises smaller than 75 square meters with only one rooms offering service to their customers, if none or just "cold" prepared food is sold for consumption on premises. [46]
39Excluded are prison cells of correctional facilities, or patient rooms of residents of a mental hospital. [46]
40Excluded are rooms used for own use by residents of a hospital or care facility if permission is given by attending physician. [46]
41Absolutely no smoking. (§ 45 Sec. 1 of the 8. Social lawbook)
46Absolutely no smoking. [47]
47Excluded from the smoking ban are prisoner cells of correctional institutes, as long as all detainees are smokers. [47]
48Smoking rooms are permitted in inpatient nursing facilities, institutes for disabled people. The smoking ban does not apply to patients in palliative or psychiatric treatment (as well as for patients sent to a health facility by court order). Further exceptions can be made for individual cases to reach the therapy goal. [47]
49Absolutely no smoking. [48]
50Excluded from the ban are holding cells of correctional facilities if all residents give their permission, further separated smoking rooms can be established. [48]
51In all hospitals, prevention and rehabilitation facilities, homes for the elderly, care home and inpatient treatment facilities smoking is strictly prohibited. The smoking ban generally does not apply to premises which is for personal use only. Exceptions apply to:
  • patients which were sent to a psychiatric treatment by court order.
  • patients which are treated in palliative care.
  • patients where a smoking ban would be contrary to the therapy goal.
  • patients which are placed into a hospital (in quarantine) by force in line with the Infection Protection Act (Infektionsschutzgesetz).
  • residents of elderly people homes, care homes and inpatient treatment facilities, if a separated smoking room is provided by the establishment. [48]
52Smoking is strictly prohibited in premises of public youth services, day care centers or other facilities for young people (Facilities acc. Of the Eighth Book of the Social Code). In individual cases the head of the facility may permit smoking. [48]
53Smoking is permitted if it is a part of an artistic performance. [48]
54For restaurants, bars and clubs following rules apply:
  • if the establishment only has one dining area, and the size of the area is smaller than 75 m2, and none or only cold prepared meals are served for consumption on premises, and the premises has a clearly legible notice at the entrance, the establishment may be run as a smoking bar.
  • if the establishment has one or more separated rooms, smoking can be permitted there. Additionally discothèques and dancing clubs have to separate the smoking room from the dancing floor.
  • if an event is taking place in a festival tent, which stays at the same position for a period of maximum 21 days in a row the operator may permit smoking. [48]
55Smoking is permitted in separated and clearly highlighted smoker facilities. [49]
56The smoking ban does not apply
  • in the for personal use ceded detention premises and rooms of patients of forensic commitment as well as designated smoking areas.
  • in homes, hospices and other palliative care facilities in rooms, which are for personal use only as well as separate premises of such a facility which is only used for this purpose.
  • this excludes conference, working and social facilities. This regulation also applies to facilities for retirement pensions, disabled people, social psychiatry and for establishments for professional employment, training and skills development of adults, for women's shelters as well as stationary and open services for homeless people. Sentence 1 shall not apply to such facilities within the meaning of § 2 Section 1, which also fall under § 2 Section 1 Nr. 2 and 4, letters a) to d). [49]
57Absolutely no smoking. [49]
58Separated smoking rooms are permitted in:
  • hospitals as well as prevention and rehabilitation facilities where the physician allows the patient on an individual basis consumption of tobacco because the smoking ban is a risk for therapeutic goals or if the patient can not leave the building.
  • facilities of palliative care.
  • forensic commitment, as long as the chief of department permits it.
  • homes within the meaning of "home law" and institutions for the disabled, in which the management of the facility allows it.
  • correctional facilities and juvenile correctional facilities.
  • designated premises of the police and the prosecutors, under the condition that interrogations are carried out and the interrogated person is a smoker, and permission is given by the chief of department; The regulation applies in designated areas of courts for questioning by the investigating judge. [50]
59Absolutely no smoking. [50]
60Exceptions apply to:
  • separated rooms of licensed premises which are denoted as a smoking rooms and only accessible for adults over the age of eighteen.
  • one-room bars with less than 75 m2, which is denoted as a smoking premises and only accessible for adults over the age of eighteen.
  • in licensed premises if the establishment is rented for a private event.
  • in separated rooms which are denoted as a smoking room of a gambling premises.
  • one-room gambling premises with less than 75 m2. [50]
61Absolutely no smoking. [51]
62The smoking ban does not apply to:
  • in facilities and rooms which are for personal use only.
  • in a hospital or rehabilitation facility affiliated apartments or rooms of dormitories, which are for personal use only.
  • in rooms of stationary facilities within the meaning of "living and participation law", which are for personal use only.
  • in correctional facilities.
  • in forensic commitment facilities. [51]
63Smoking rooms can be permitted:
  • in hotels, licensed premises, shopping malls and other facilities or rooms which offer comparable services.
  • in owner-operated restaurants, which consist of only one dining area including the bar area is less than 75 square meters big, and only cold prepared food is sold, and minors aren't permitted, smoking can be permitted.
  • in discothèques where minors aren't permitted to enter smoking rooms are permitted if does not have a direct connection to the dance floor.
  • in public authorities and departments operated by the state or city.
  • in stationary facilities.
  • in higher educational facilities.
  • in stationäre Einrichtungen im Sinne des Wohn- und Teilhabegesetzes. [51]
64Absolutely no smoking. [52]
65The smoking ban does not apply to:
  • rooms which are for personal use only.
  • for hospitals as well as prevention and rehabilitation facilities and homes, the management of the facility in a particular case may grant exemptions from the smoking ban because of a medical or therapeutic reasons.
  • In tents for traditional and receptions, which are only temporarily, operated more than 21 consecutive days per calendar year at a site. [52]
66Exceptions apply to:
  • licensed premises with enclosed separated rooms where smoking can be permitted. Minors may not enter such smoking rooms.
  • licensed premises with separated event rooms where smoking can be permitted.
  • in owner-operated restaurants, which consist of only one dining area including the bar area is less than 75 square meters big, and only cold prepared food is sold, and minors aren't permitted, smoking can be permitted. [52]
67Absolutely no smoking. [53]
68The smoking ban does not apply to:
  • gambling premises.
  • rooms which are for personal use only.
  • if the management of the facility gives his/her permission to smoke. [53]
69Exceptions apply to:
  • authorities, agencies and other bodies governed by federal and local authorities and restaurants – where structurally separated smoking rooms can be permitted. Furthermore, smoking is permitted in bars and pubs: which are smaller than 75 square meters, the relevant premises only has one room which is used to serve the customers (Einraumgaststätten), and no food or just "cold" prepared food is sold for consumption on premises, and minors under the age of 18 are not permitted to enter and if the premises is clearly recognisable as a smokers pub. [53]

See also

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Further reading