1. LawStack
  2. Title 41 - Public Contracts and Property Management
  3. Subtitle C - FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM
  4. Chapter 102 - FEDERAL MANAGEMENT REGULATION
  5. Subchapter C - REAL PROPERTY
  6. Part 102-74 - FACILITY MANAGEMENT
  7. Subpart B - Facility Management
  8. Topic - Smoking
  9. 41 CFR § 102-74.351
41 CFR § 102-74.351
If a state or local government has a smoke-free ordinance that is more strict than the smoking policy for Federal facilities, does the state or local law or Federal policy control?
June 9, 2020
CFR

The answer depends on whether the facility is Federally owned or privately owned. If the facility is Federally owned, then Federal preemption principles apply and the Federal policy controls. If the facility is privately owned, then Federal tenants are subject to the provisions of the state or local ordinance, even in the Federally leased space, if the state or local restrictions are more stringent than the Federal policy.

[73 FR 77518, Dec. 19, 2008]

Previous
§ 102-74.350 Are agencies required to meet their obligations under the Federal Service Labor-Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?

Tried the LawStack mobile app?

Join thousands and try LawStack mobile for FREE today.

  • Carry the law offline, wherever you go.
  • Download CFR, USC, rules, and state law to your mobile device.

Designed and built by Tekk Innovations LLC, the makers of the LawStack iPhone app or Android app.

© 2020 Tekk Innovations LLC