Non-smoker protection: Laws in Germany

Smoking is hazardous to health and addictive.
Nobody disputes this fact anymore.
That is why there are countless measures such as educational work and campaigns to help smokers kick their addiction.
Since 2007, a law has regulated how non-smokers can be protected from the dangers of passive smoking through smoking bans.
At a federal level, all public transportation became smoke-free.
However, non-smoker protection also applies in other public institutions such as hospitals, authorities, schools and universities.

The development of the smoking ban

Opinions on a smoking ban in certain places in Germany vary widely.
The aim of the existing smoking ban depends on the location.
In discotheques, bars and similar places, the aim of the smoking ban is to protect everyone present, as they are also at risk from passive smoking.
In dry areas and near forests, on the other hand, smoking is banned to prevent forest fires.
Another aim is to avoid soiling places or objects.
Although the above-mentioned objectives are the goals that are pursued by the majority, there are also several other reasons for imposing a smoking ban.
The discussions about a smoking ban began in July 2007, when the German government announced a new law to protect non-smokers.
The tobacco industry insisted that all federal states could decide for themselves how far the law should go.
The federal states were then obliged to set rules for smoking in pubs.
In 2017, smoking is now banned in all federal states, although the extent of the ban varies.
The smoking ban was most strict in North Rhine-Westphalia, Bavaria and Saarland.
In these federal states, there is a strict smoking ban in all pubs and restaurants.
In Lower Saxony, Bremen and Baden-Württemberg, on the other hand, the smoking ban is not as strict.
Here, the legal smoking ban only applies in pubs and restaurants with an area of more than 75 square meters.
However, restaurants with an area of less than 75 square meters that do not voluntarily impose a smoking ban must raise the minimum age for entry to 18 years and are also not allowed to serve food to guests.
Whether the smoking ban is viewed positively by visitors certainly depends on whether these visitors are smokers themselves or not.
But even among smokers, there was no uniform rejection.
As most smokers want to stop smoking or at least limit their consumption, a smoking ban is actually quite convenient for them.
The majority see a smoking ban in bars and restaurants as motivation to quit.
For people who do not have any smokers in the family, the smell of smoke is also very unpleasant.
This law is a relief for these non-smokers in particular.
At least they no longer have to endure smoke when eating in a restaurant.

Non-smoker protection in Germany not only regulates smoking bans, it also carries out educational work to protect against the dangers of tobacco smoke and offers smokers the opportunity to find out about quitting smoking.
This educational work, together with other factors, is contributing to the decline in the number of smokers in Germany.
In September 2007, non-smoker protection was extended to include the law on protection against the dangers of passive smoking.
The law regulates the smoking ban in the following areas:

Authorities
Prisons
Hospitals
Kindergartens
Schools
Restaurants
Discotheques
Public transportation

As there is no uniform regulation for the smoking ban in Germany, the regulations of the individual federal states may differ.

Two levels of non-smoker protection

Federal law

The State Non-Smoker Protection Act serves to protect against the dangers of passive smoking.
It regulates smoking bans in the following public areas:

Authorities, departments and other state and municipal institutions
Correctional facilities
Hospitals and care facilities
Daycare centers for children, schools
Sports halls, indoor swimming pools, etc.
Cultural institutions, discotheques, restaurants

National law

With the entry into force of the Federal Non-Smoking Protection Act (BNichtrSchG) §1, a smoking ban has been in force in the following places since September 1, 2007:

in federal institutions and federal constitutional bodies
in means of public transportation
in passenger stations of public railroads

Exceptions are separate and appropriately marked rooms.
Smoking is permitted in these rooms if a sufficient number of rooms are available.
(§ 1 Para. 3 BNichtrSchG) Link to the Federal Non-Smoker Protection Act

Exceptions

Overview of exceptions to the legal smoking ban in the various federal states

Exceptions for Baden-Württemberg

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban at special events and may also permit smoking in enclosed adjoining rooms.

Schools
Smoking areas may be set up for teachers and pupils of legal age in the outdoor area of the school building.

Discotheques
Smoking is permitted in separate adjoining rooms without a dance floor.
The rooms must be marked and access is permitted from the age of 18.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
Only cold food of a simple nature may be offered.

Complete legal text

Exceptions for Bavaria

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
Absolute smoking ban without exceptions.

Multi-room restaurant
Absolute smoking ban without exceptions.

Single-room restaurant up to 75 m²
Absolute smoking ban without exceptions.

Complete legal text

Exceptions for Berlin

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms if no outdoor areas are available.

Schools
The provisions of the Education Act apply.

Discotheques
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
No food may be prepared on site.
There is also an obligation to register with the competent authority.

Complete legal text

Exceptions for Brandenburg

Brief information:

Authorities, offices and other facilities of the state and municipalities
Absolute smoking ban without exceptions.

Schools
Absolute smoking ban without exceptions.

Discotheques
Smoking is permitted in separate adjoining rooms without a dance floor.
The rooms must be marked and access is permitted from the age of 18.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
No food may be offered for immediate consumption on site.

Complete legal text

Exceptions for Bremen

Brief information:

Authorities, departments and other institutions of the state and municipalities
Exceptions only for traditional events.

Schools
Absolute smoking ban without exceptions.

Discotheques
Smoking is permitted in separate adjoining rooms without a dance floor.
The rooms must be marked and access is permitted from the age of 18.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
Only simply prepared food may be offered for consumption on the premises.

Complete legal text

Exceptions for Hamburg

Brief information:

Authorities, offices and other facilities of the state and local authorities
Absolute smoking ban without exceptions.

Schools
Absolute smoking ban without exceptions.

Discotheques
The regulations for multi-room restaurants apply.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.
They require effective structural partitioning and are smaller than the rest of the guest area.
In addition, high ventilation requirements apply.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
No food may be prepared on site.

Complete legal text

Exceptions for Hesse

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
The regulations for multi-room restaurants apply.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
Only cold and simply prepared hot food may be offered.

Complete legal text

Exceptions for Mecklenburg-Western Pomerania

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
The regulations for multi-room restaurants apply.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
No prepared food may be offered.

Complete legal text

Exceptions for Lower Saxony

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
The regulations for multi-room restaurants apply.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
No prepared food may be offered.

Complete legal text

Exceptions for North Rhine-Westphalia

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
Absolute smoking ban without exceptions.

Multi-room restaurant
Absolute smoking ban without exceptions.

Single-room restaurant up to 75 m²
Absolute smoking ban without exceptions.

Complete legal text

Exceptions for Rhineland-Palatinate

Brief information:

Authorities, offices and other state and municipal institutions
Absolute smoking ban without exceptions.

Schools
Absolute smoking ban without exceptions.

Discotheques
The regulations for multi-room restaurants apply.
There must be no dance floor in the room.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.
The floor area and number of seats in smoking rooms may not be larger than in smoke-free rooms.
Smoking is permitted in the entire restaurant for private, non-commercial closed parties.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
The rooms must be marked and access is permitted from the age of 18.
Only simply prepared food may be offered.

Complete legal text

Exceptions for Saarland

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
Absolute smoking ban without exceptions.

Multi-room restaurant
Absolute smoking ban without exceptions.

Single-room restaurant up to 75 m²
Absolute smoking ban without exceptions.

Exceptions for Saxony-Anhalt

Brief information:

Authorities, offices and other state and municipal institutions
The management may allow exceptions to the smoking ban in enclosed adjoining rooms.

Schools
Absolute smoking ban without exceptions.

Discotheques
Smoking is permitted in separate adjoining rooms without a dance floor.
The rooms must be marked and access is permitted from the age of 18.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
Smoking is only permitted in owner-managed restaurants.
The rooms must be marked and access is permitted from the age of 18.
The serving of prepared food may only be provided as a subordinate ancillary service.

Complete legal text

Exceptions for Schleswig-Holstein

Brief information:

Authorities, offices and other facilities of the state and municipalities
Absolute smoking ban without exceptions.

Schools
Absolute smoking ban without exceptions.

Discotheques
The regulations for multi-room restaurants apply.

Multi-room restaurant
Smoking is permitted in separate adjoining rooms.
The rooms must be marked and access is permitted from the age of 18.

Single-room restaurant up to 75 m²
The regulations for multi-room restaurants apply.
No food may be prepared

Complete legal text