{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-856.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-856.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-856.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-856.html"}],"law_id":69275,"edition_id":1,"section_id":69275,"structure_id":15237,"section_number":"45.2-856","catch_line":" Smoking materials prohibited; penalty","history":"1993, c. 389, \u00a7 45.1-98.1; 1994, c. 28, \u00a7 45.1-161.177; 1995, c. 569; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nNo miner or other person shall smoke or carry or possess underground any smoker’s articles or any match, lighter, or similar material generally used for igniting smoker’s articles. Violation of this subsection is a Class 6 felony.B\n\nEach operator shall institute a smoker search program, approved by the Chief, to ensure that no person entering the underground area of the mine carries any smoking material, match, or lighter.C\n\nAny person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief by employees of the Department. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section.D\n\nThis section shall not prohibit the possession of equipment used solely for the operation of a flame safety lamp or for welding or cutting.","order_by":null,"text":{"0":{"id":250629,"text":"No miner or other person shall smoke or carry or possess underground any smoker’s articles or any match, lighter, or similar material generally used for igniting smoker’s articles. Violation of this subsection is a Class 6 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250630,"text":"Each operator shall institute a smoker search program, approved by the Chief, to ensure that no person entering the underground area of the mine carries any smoking material, match, or lighter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250631,"text":"Any person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief by employees of the Department. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250632,"text":"This section shall not prohibit the possession of equipment used solely for the operation of a flame safety lamp or for welding or cutting.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15237,"edition_id":1,"name":"Personal Safety; Smoking","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":14030,"metadata":{},"date_created":"2026-06-26 03:53:14","date_modified":"2026-06-26 03:53:14","permalink":{"id":223647,"object_type":"structure","relational_id":15237,"identifier":"5","token":"45.2\/II\/B\/8\/5","url":"\/45.2\/II\/B\/8\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14030,"edition_id":1,"name":"Requirements Applicable to Underground Coal Mines; Electricity, Safety, Etc","identifier":"8","label":"chapter","depth":4,"order_by":1,"parent_id":12986,"metadata":{},"date_created":"2026-06-26 03:46:38","date_modified":"2026-06-26 03:46:38","permalink":{"id":223425,"object_type":"structure","relational_id":14030,"identifier":"8","token":"45.2\/II\/B\/8","url":"\/45.2\/II\/B\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12986,"edition_id":1,"name":"Underground Coal Mines","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":223095,"object_type":"structure","relational_id":12986,"identifier":"B","token":"45.2\/II\/B","url":"\/45.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72233,"structure_id":15237,"section_number":"45.2-853","catch_line":" Checking system; tracking system","url":"\/45.2-853\/","token":"45.2\/II\/B\/8\/5\/45.2-853","metadata":false},{"id":62560,"structure_id":15237,"section_number":"45.2-854","catch_line":" Protective clothing","url":"\/45.2-854\/","token":"45.2\/II\/B\/8\/5\/45.2-854","metadata":false},{"id":58008,"structure_id":15237,"section_number":"45.2-855","catch_line":" Noise levels and ear protection","url":"\/45.2-855\/","token":"45.2\/II\/B\/8\/5\/45.2-855","metadata":false},{"id":69275,"structure_id":15237,"section_number":"45.2-856","catch_line":" Smoking materials prohibited; penalty","url":"\/45.2-856\/","token":"45.2\/II\/B\/8\/5\/45.2-856","metadata":false},{"id":79432,"structure_id":15237,"section_number":"45.2-857","catch_line":" Allowing persons to work in a mine with smoker's articles; penalty","url":"\/45.2-857\/","token":"45.2\/II\/B\/8\/5\/45.2-857","metadata":false},{"id":61511,"structure_id":15237,"section_number":"45.2-858","catch_line":" Posting of notice","url":"\/45.2-858\/","token":"45.2\/II\/B\/8\/5\/45.2-858","metadata":false},{"id":83591,"structure_id":15237,"section_number":"45.2-859","catch_line":" Smoking in surface and other areas","url":"\/45.2-859\/","token":"45.2\/II\/B\/8\/5\/45.2-859","metadata":false},{"id":67874,"structure_id":15237,"section_number":"45.2-860","catch_line":" Portable illumination","url":"\/45.2-860\/","token":"45.2\/II\/B\/8\/5\/45.2-860","metadata":false}],"previous_section":{"id":58008,"structure_id":15237,"section_number":"45.2-855","catch_line":" Noise levels and ear protection","url":"\/45.2-855\/","token":"45.2\/II\/B\/8\/5\/45.2-855","metadata":false},"next_section":{"id":79432,"structure_id":15237,"section_number":"45.2-857","catch_line":" Allowing persons to work in a mine with smoker's articles; penalty","url":"\/45.2-857\/","token":"45.2\/II\/B\/8\/5\/45.2-857","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-856\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 389 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 28<\/a>; in 1995, chapter 569<\/a>.<\/p>","references":[{"id":55571,"section_number":"45.2-1127","catch_line":" Denial or revocation of license","order_by":null,"url":"\/45.2-1127\/"},{"id":86193,"section_number":"45.2-529","catch_line":" Reexamination","order_by":null,"url":"\/45.2-529\/"},{"id":79034,"section_number":"45.2-538","catch_line":" Denial or revocation of license for the operation of a coal mine","order_by":null,"url":"\/45.2-538\/"}],"refers_to":false,"permalink":{"id":223661,"object_type":"law","relational_id":69275,"identifier":"45.2-856","token":"45.2\/II\/B\/8\/5\/45.2-856","url":"\/45.2-856\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-856\/","token":"45.2\/II\/B\/8\/5\/45.2-856","dublin_core":{"Title":" Smoking materials prohibited; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-856","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No miner or other person shall smoke or carry or possess underground any smoker’s articles or any match, lighter, or similar material<\/span> generally used for igniting smoker’s articles. Violation of this subsection is a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each operator shall institute a smoker search program, approved by the Chief<\/span>, to ensure that no person entering the underground area of the mine carries any smoking material<\/span>, match, or lighter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief<\/span> by employees of the Department<\/span>. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall not prohibit the possession<\/span> of equipment used solely for the operation of a flame safety lamp or for welding or cutting. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n SMOKING MATERIALS PROHIBITED; PENALTY (\u00a7 45.2-856)\n\nA. No miner or other person shall smoke or carry or possess underground any\nsmoker’s articles or any match, lighter, or similar material generally\nused for igniting smoker’s articles. Violation of this subsection is a\nClass 6 felony.\n\nB. Each operator shall institute a smoker search program, approved by the Chief,\nto ensure that no person entering the underground area of the mine carries any\nsmoking material, match, or lighter.\n\nC. Any person entering or present in any underground area of a coal mine shall,\nby his entry into such underground area of the mine, be subject to a search of\nhis person, including any personal property that is in any underground area of\nthe mine at any time he is underground. Such search shall be conducted at the\ndirection of the Chief by employees of the Department. It shall be limited in\nscope to the person and property of the person present underground at the time\nof the search and shall be for the purpose of enforcing the provisions of this\nsection.\n\nD. This section shall not prohibit the possession of equipment used solely for\nthe operation of a flame safety lamp or for welding or cutting.\n\nHISTORY: 1993, c. 389, \u00a7 45.1-98.1; 1994, c. 28, \u00a7 45.1-161.177; 1995, c. 569;\n2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}