41 CFR § 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.

---
identifier: "/us/cfr/t41/s102-71.115"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "41 CFR § 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."
title_number: 41
title_name: "Public Contracts and Property Management"
section_number: "102-71.115"
section_name: "When a State or local government has a tobacco product-free ordinance that is stricter than the tobacco policy for Federal facilities."
chapter_number: 102
chapter_name: "FEDERAL MANAGEMENT REGULATION"
subchapter_number: "C"
subchapter_name: "REAL PROPERTY"
part_number: "102-71"
part_name: "71—REAL PROPERTY MANAGEMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "40 U.S.C. 121(c), 586(b)(2), 589(c), 15 U.S.C. 2227(d), 42 U.S.C. 11411 note."
regulatory_source: "90 FR 58463, Dec. 16, 2025, unless otherwise noted."
cfr_part: "102-71"
---


# 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.

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.