Smoking bans in Germany – Laws

Federal ban since September 1^st, 2007

- Federal buildings (separate smokers’ room are allowed, but don’t exist in many of them)

- Means of public transport and taxis (separated smokers’ coaches in trains are allowed but state-run monopolist Deutsche Bahn abolished them)

- General smoking ban for 16- and 17-olds in public (and prohibition of selling tobacco products to them, exemption for publicly accessible vending machines until the end of 2008)

The protection of work force is federal competence. Note that there is no total smoking ban for workplaces.

Statewide bans (starting between August 2007 and July 2008)

- Public Buildings, (public and private) hospitals, nursing homes, schools, youth clubs, cultural and sports facilities etc. (with some variety between the individual states, especially with regard to smokers’ sections and prisons)

- Hospitality venues (in all states except Bavaria, separate smoking areas are allowed)

Rules about smoking areas differ from state to state. In all of them, the non-smoking sections must be larger than the smoking sections. In some states, access to the non-smoking section and the toilets has to be non-smoking, in others, landlords are granted more flexibility.

A crucial question is the possibility of venues becoming smokers’ clubs, which exists in several states. This also applies to freedom of choice for non-public meetings (“Geschlossene Gesellschaften”) in bars and restaurants.

In one small state, bars with no employees are exempt.

Here you can find official comments by Forces Germany in the legislative procedures.