During the past five years, comprehensive smokefree laws have become the norm in tobacco policy, and they have been adopted by states as diverse as Delaware, New Mexico, and Nebraska. With this acceleration in the passage of smokefree laws, especially those at the state level, new implementation and enforcement challenges have emerged. One important tool that may be available to a health department is the authority to adopt rules that clarify and define the provisions of, and establish procedures under, a smokefree law. The process of adopting such rules or regulations is called rulemaking.

An agency of government can adopt regulations only if the legislature has given it the authority to do so. A formal rule or regulation is generally defined as an agency statement of general applicability that implements or interprets a law, adds details, or specifies a procedure. As in the case of rulemaking authority, each state has its own definition of what constitutes a rule, and the procedures required to propose, publicize, and adopt them. Even if a state or local agency lacks "formal" rulemaking authority, the agency usually has the authority to develop internal policies or procedures, including forms, implementation guidance or guidelines, and procedures for sharing data between agencies.