Baden-Württemberg is planning to significantly expand its non-smoker protection laws to include outdoor areas like playgrounds, public transport stops, and swimming pools. The new regulations will explicitly apply to e-cigarettes, vapes, and heated tobacco products, with fines for violations reaching up to €500 for individuals and much higher for operators.
Key Takeaways:
- New Zones: Bans cover playgrounds, bus stops, zoos, and outdoor pools.
- Vaping Included: Rules apply to e-cigarettes and heated tobacco.
- Fines: Up to €200 for first offenses; up to €500 for repeat violations.
- Timeline: Effective 4 months after official announcement.
The state government of Baden-Württemberg has confirmed plans to tighten non-smoker protection laws by extending bans to numerous outdoor public spaces. This development occurs amidst a modernization of the 2007 legislation, directly resulting in stricter rules for both smokers and vapers in daily life.
Expanded Smoke-Free Zones
The draft law targets areas frequented by families and commuters. The ban will extend beyond indoor spaces to include specific outdoor locations:
- Children’s playgrounds and school grounds.
- Public transport stops (bus and train stations).
- Outdoor swimming pools (Freibäder).
- Zoos and amusement parks.
Vaping and Heated Tobacco Now Included
A significant shift in the new legislation is the explicit inclusion of alternative nicotine products. The restrictions will apply equally to:
- Traditional cigarettes.
- E-cigarettes and vapes (including e-shishas).
- Heated tobacco products.
Penalties and Enforcement
Violating the new rules will be costly. The local police authority (Ortspolizeibehörde) will oversee enforcement.
| Violation Type | First Offense | Repeat Offense (within 1 year) |
|---|---|---|
| Individual Smoker/Vaper | Up to €200 | Up to €500 |
| Operator Obligations | Up to €3,300 | Up to €6,500 |
Exceptions for Gastronomy
While the rules tighten in public spaces, existing exceptions for gastronomy largely remain. Small, one-room pubs without hot food service can still permit smoking, and larger establishments may offer separated smoking rooms. However, operators must ensure clear signage and compliance with the new outdoor rules where applicable.
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