Tools for Retail Tobacco Stores

Tobacco or E-cigarette Retail Store Affidavit for Exemption from SFIA

Section 35 of the Smoke-Free Illinois Act allows smoking or e-cigarette use in retail tobacco stores that meet the following requirements to qualify for an exemption.

• A retail tobacco store in continuous operation from prior to January 1, 2008, and not located in a free-standing building shall annually file with IDPH by January 31 an affidavit stating the percentage of its gross income from tobacco products during the prior calendar year. To qualify for the exemption, at least 80% of the store’s gross revenue must come from the sale of tobacco and tobacco-related accessories (e.g., pipes).
• A retail tobacco store that derives at least 80% of its gross revenue from the sale of e-cigarettes and e-cigarette equipment and accessories in operation before January 1, 2024, qualifies for an exemption from the smoking prohibition of the Smoke-Free Illinois Act for e-cigarettes only. A retail tobacco store claiming an exemption for e-cigarettes shall annually file with IDPH by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of e-cigarettes.

Affidavits should be mailed to:

Tobacco Control Program
Illinois Department of Public Health
535 W. Jefferson, 2^nd Floor
Springfield, IL 62761