1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Act” means the Clean Indoor Air Act of 2007, Health-General Article, Title 24, Subtitle 5, Annotated Code of Maryland.
   2. (2) “Cannabis” has the meaning stated in the Alcoholic Beverages and Cannabis Article, §1-101, Annotated Code of Maryland.
   3. (3) “Club” means a club as defined in Alcoholic Beverages and Cannabis Article, §1-101, Annotated Code of Maryland.
   4. (4) “Day care transportation” means the use of a vehicle owned, operated, or contracted for by a licensed day care facility to transport the facility's clients.
   5. (5) “Department” means the Maryland Department of Health.
   6. (6) “Electronic smoking device” has the meaning stated in Business Regulation Article, §16.7-101, Annotated Code of Maryland.

   7. (7) “Environmental smoke” means the complex mixture formed from the:

      1. (a) Smoke of a burning tobacco, cannabis, or hemp product, or exhaled by the smoker; or
      2. (b) Aerosol of an electronic smoking device or exhaled as electronic smoking device aerosol.
   8. (8) “Establishment” means a single physical location where business is conducted or where services are performed.
   9. (9) “Health care transportation” means transportation of patients for medical care in a vehicle owned, operated, or contracted for by a licensed health care facility.
   10. (10) “Health officer” means the health officer of each of the 23 counties and the Commissioner of Health in Baltimore City, the duly designated representative of the health officer, or both.
   11. (11) “Hemp” has the meaning stated in the Agriculture Article, §14-101, Annotated Code of Maryland.
   12. (12) “Indoor area” means all space in a structure or building with a ceiling that is enclosed on all sides by any combination of permanent or temporary walls, windows, or doorways, whether open or closed, or other physical barriers extending from floor to the ceiling.

   13. (13) “Indoor area open to the public” means:

       1. (a) An indoor area or a portion of an indoor area accessible to the public by either invitation or permission; or
       2. (b) An indoor area of an establishment licensed or permitted under the Alcoholic Beverages and Cannabis Article, Annotated Code of Maryland, for the sale or possession of alcoholic beverages.
   14. (14) “Owner” means an individual or entity having an ownership interest in an establishment or vehicle.
   15. (15) “Person in charge” means an owner, operator, manager, or other person who controls, governs, or directs the activities of an establishment.
   16. (16) “Public transportation of children” means the transportation of children in a vehicle owned, operated, or contracted for by a government entity or a private educational institution.
   17. (17) “Secretary” means the Secretary of Health or the Secretary's designee.
   18. (18) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or another matter or substance containing, wholly or in part, tobacco, cannabis, or hemp.
   19. (19) “Tobacco product” has the meaning stated in Health-General Article, §13-1001, Annotated Code of Maryland.

   20. (20) “Vaping” means the use of:

       1. (a) An electronic smoking device; or
       2. (b) Any device through which the user inhales aerosol containing tobacco, cannabis, or hemp.

Authority: Health-General Article, §§24-205 and 24-501 — 24-511, Annotated Code of Maryland

Effective date: April 21, 1978 (5:8 Md. R. 594)

Regulation .02W-1 adopted as an emergency provision effective March 26, 1979 (6:7 Md. R. 575); adopted permanently effective June 29, 1979 (6:13 Md. R. 1128)

Regulation .02PP amended as an emergency provision effective September 11, 1978 (5:9 Md. R. 1442), expired January 20, 1979; adopted permanently effective February 26, 1979 (6:4 Md. R. 277)

Regulation .02QQQ amended as an emergency provision effective April 27, 1979 (6:10 Md. R. 839) (Emergency provisions are temporary and not printed in COMAR)

Chapter revised effective May 16, 1980 (7:10 Md. R. 952)

Chapter revised effective November 23, 1981 (8:23 Md. R. 1856)

Chapter, Drug Formulary of Equivalent Drug Products, repealed effective May 16, 1988 (15:10 Md. R. 1202)

Chapter, Tobacco Smoking in Retail Stores, adopted effective February 4, 1991 (18:2 Md. R. 149)

Chapter, Tobacco Smoking in Retail Stores, repealed, and new Chapter, Prohibition of Smoking in Indoor Areas Open to the Public, adopted effective February 1, 2008 (34:26 Md. R. 2262)

Regulation .01 amended effective February 16, 2026 (53:3 Md. R. 122)

Regulation .02B amended effective February 16, 2026 (53:3 Md. R. 122)

Regulation .03C, D, F amended effective February 16, 2026 (53:3 Md. R. 122)

Regulation .04 amended effective February 16, 2026 (53:3 Md. R. 122)

Regulation .05 amended effective February 16, 2026 (53:3 Md. R. 122)

Regulation .06 amended effective February 16, 2026 (53:3 Md. R. 122)

Regulation .12 repealed effective February 16, 2026 (53:3 Md. R. 122)