Title 19 — Health
55 chapters · 745 sections in this title.
19 V.I.C. § 1481a Short title
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This Act may be cited as “The Virgin Islands Smoke-free Act” or “The Smoke-free Act”.
19 V.I.C. § 1482 Definitions
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(1) When used in this chapter, the term(1) “Bar” means an indoor establishment devoted to serving alcoholic beverages for on-premises consumption and where the serving of food is only incidental to the consumption of those beverages. Bar includes taverns, nightclubs, lounges or c…
19 V.I.C. § 1483 Prohibition
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(a) Except as provided in section 1484, smoking is prohibited in the Virgin Islands in:(1) enclosed areas of public places;(2) enclosed areas of places of employment;(3) any outdoor service or waiting line and in, and within twenty feet from any point of any service or waiting li…
19 V.I.C. § 1484 Exceptions
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(a) The prohibition in section 1483 is subject to the following exceptions:(1) Smoking is not prohibited in any private club as defined under section 1482, paragraph (6), or in any cigar factory, as defined in section 1482, paragraph (4) if no member is under 18 years old is pres…
19 V.I.C. § 1485 Prohibited condition of employment: smoking by employees outside the course of employment
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(a) (1) This chapter may not be construed as allowing an employer or agent of an employer to require, as a condition of employment, that an employee or prospective employee refrain from smoking or using tobacco products outside the course the employee's employment, or to otherwis…
19 V.I.C. § 1486 Posting of signs
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(a) No “smoking” signs or the international “no smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it must be clearly and conspicuously posted at every entrance of and inside every public place and place …
19 V.I.C. § 1487 Responsibilities of proprietors
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(1) The proprietor shall take the following measures to prevent smoking in public places or places of employment. The proprietor shall:(1) Post signs in accordance with section 1486;(2) Remove matches, cigarette lighters and ashtrays from areas where smoking is prohibited;(3) Req…
19 V.I.C. § 1488 Nonretaliation
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No employer may retaliate against an employee, applicant or customer for exercising any right provided by this chapter.
19 V.I.C. § 1489 Intent
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(a) (1) In any area or establishment where smoking is not prohibited, nothing in this chapter prohibits a proprietor of an establishment from voluntarily establishing nonsmoking portions or designating the entire establishment as smoke-free.(2) Nothing in this chapter prohibits p…
19 V.I.C. § 1490 [Reserved.]
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19 V.I.C. § 1490 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 Office of the Code Revisor, Legislature of the Virgin Islands All rights reserved.
19 V.I.C. § 1491 Administration; enforcement
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(a) (1) The Commissioner of Health is the designated person and the Department of Health is designated lead department responsible for administration and enforcement of the provisions of this chapter. However, every peace officer may enforce this chapter pursuant to 5 V.I.C. § 35…
19 V.I.C. § 1492 Reserved
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19 V.I.C. § 1492 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.
19 V.I.C. § 1493 Private action
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(a) (1) Any person may maintain an action for declaratory and equitable relief against a proprietor to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, the court shall grant preliminary equitable relief to restrain any further viola…
19 V.I.C. § 1494 Government buildings, places of employment
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(a) The Department of Health shall investigate complaints of violations of this chapter at government buildings or places of employment and all other noncommercial public places.(a) The Department of Health may cite any department, agency, or instrumentality of the Government of …
19 V.I.C. § 1495 Inspection of places
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(a) (1) The Department of Health, Department of Licensing and Consumer Affairs or Fire Services on its own initiative, or by the request of the Commissioner of Health, shall inspect any public place or place of employment, subject to the provisions of this chapter for compliance.…
19 V.I.C. § 1496 Penalties
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(a) (1) A person who smokes in an area where smoking is prohibited under section 1483 and where a no-smoking sign has been posted in conformity with this chapter commits an infraction that is a civil offense punishable by a fine in an amount not less than $100 and not more than $…
19 V.I.C. § 1497 Education
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(a) (1) The Department of Health, in conjunction with the Department of Licensing and Consumer Affairs, shall conduct seminars to educate business proprietors, employers and employees about the health and economic effects of smoking, tobacco use and exposure to secondhand smoke. …
19 V.I.C. § 1498 Severability
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The provisions of this chapter are severable. If any provision of this chapter or the application the provision is declared by a court of competent jurisdiction to be invalid or unconstitutional, the declaration does not affect the validity of the chapter as a whole or any provis…
19 V.I.C. § 1499 Other applicable laws
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This chapter may not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.