As a general rule, you are correct. However, it has become a common occurance that even when smokers only take authorized breaks the anti-smoker busybodies start pitching a fit about it. Particularly when it comes to government (or percived to be) government employees.
several years ago when I still had an office in town - it was located in a private building between the AG's office and the court house. The amount of people that mistook it for the AG's office on a daily basis was ridiculous. I even had a sign on the door with arrows pointing to the state buildings.
One day a woman ignored the sign, walked into my office looking for someone and started screaming at me because I had a lit cigarette in the ashtray. After 10 minutes of politely trying to explain I was not in a state office nor was I a state employee I basically kicked her out by telling her to leave before I called the police.
10 minutes later she returned with an officer demanding that he issue me a summons for illegally smoking in a state office. Bless his heart - he finally got exasperated with her after 15 minutes of trying to explain it was not a state building - told her if she didn't leave me alone and leave the premises he would cite her for trespassing and harrassment.
The harrassment has gotten so out of hand that at times I don't blame people for being obstinent. and as long as their work is getting done, properly and on time - it's not stealing.