§102-71.115. When a State or local government has a tobacco product-free ordinance that is stricter than the tobacco policy for Federal facilities.
41 C.F.R. § 102-71.115
If the subject facility is federally owned, then Federal preemption principles apply and the Federal policy controls. If the subject 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.
Notes, amendments, and revision history
Authority
Authority: 40 U.S.C. 121(c), 586(b)(2), 589(c), 15 U.S.C. 2227(d), 42 U.S.C. 11411 note.
Source
Source: 90 FR 58463, Dec. 16, 2025, unless otherwise noted.