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Legal Authority for Tobacco Control in the United States 3Rd Edition

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Legal Authority for Tobacco Control in the United States 3Rd Edition Legal Authority for Tobacco Control COMMUNITY HEALTH in the United States 3rd Edition Legal Authority for Tobacco Control in theUnited States, 3rd Edition Compiled by: Laura T. Richards, JD Contract Attorney Massachusetts Association of Health Boards Cheryl Sbarra, JD Senior Staff Attorney, Director Tobacco Control and Chronic Disease Prevention Program Massachusetts Association of Health Boards Edited by: Tricia Valasek, MPH Project Director, Tobacco Use Prevention and Control National Association of Local Boards of Health Mark Schultz, MEd Grants Administrator and Technical Writer National Association of Local Boards of Health ©2010 National Association of Local Boards of Health 1840 East Gypsy Lane Road Bowling Green, Ohio 43402 www.nalboh.org 2 ACKNOWLEDGEMENTS ........................................... 5 NEBRASKA ............................................................ 73 FOREWARD ............................................................. 7 NEVADA ............................................................... 75 OVERVIEW .............................................................. 9 NEW HAMPSHIRE ................................................. 77 ALABAMA ............................................................. 17 NEW JERSEY ......................................................... 79 ALASKA ................................................................. 19 NEW MEXICO ....................................................... 81 ARIZONA ............................................................... 21 NEW YORK ........................................................... 83 ARKANSAS ............................................................ 23 NORTH CAROLINA ................................................ 85 CALIFORNIA .......................................................... 25 NORTH DAKOTA ................................................... 87 COLORADO ........................................................... 28 OHIO .................................................................... 89 CONNECTICUT ....................................................... 30 OKLAHOMA .......................................................... 91 DELAWARE ........................................................... 32 OREGON ............................................................... 94 DISTRICT OF COLUMBIA ........................................ 34 PENNSYLVANIA .................................................... 96 FLORIDA................................................................ 36 RHODE ISLAND ..................................................... 98 GEORGIA ............................................................... 38 SOUTH CAROLINA .............................................. 100 HAWAII ................................................................. 40 SOUTH DAKOTA ................................................. 102 IDAHO ................................................................... 42 TENNESSEE ......................................................... 104 ILLINOIS ................................................................ 44 TEXAS ................................................................. 106 INDIANA ............................................................... 46 UTAH .................................................................. 108 IOWA .................................................................... 48 VERMONT .......................................................... 110 KANSAS................................................................. 50 VIRGINIA ............................................................ 112 KENTUCKY ............................................................ 52 WASHINGTON .................................................... 114 LOUISIANA ............................................................ 54 WEST VIRGINIA .................................................. 116 MAINE .................................................................. 56 WISCONSIN ........................................................ 118 MARYLAND ........................................................... 58 WYOMING .......................................................... 120 MASSACHUSETTS .................................................. 61 MICHIGAN ............................................................ 63 MINNESOTA .......................................................... 65 MISSISSIPPI ........................................................... 67 MISSOURI ............................................................. 69 MONTANA ............................................................ 71 3 4 The Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion’s Office on Smoking and Health (OSH) provided technical oversight and financial support. Many others answered questions and reviewed individual state information. NALBOH staff, the Chronic Disease and Tobacco Use Prevention and Control Subcommittee, Education and Training Committee, and the Board of Directors assisted in the production of this report. The Legal Authority for Tobacco Control in the United States, 3rd Edition is for information purposes only. For legal advice please consult a practicing attorney who has thorough knowledge of the current law in your state or locality. The National Association of Local Boards of Health does not guarantee the contents of this resource. Laws change frequently and interpretations of statutes vary from court to court. National Office Washington D.C. Office 1840 East Gypsy Lane Road 1300 L Street NW, Suite 800 Bowling Green, OH 43402 Washington, D.C. 20005 Phone: (419) 353-7714 Phone: (202) 218-4413 Fax: (419) 352-6278 Fax: (202) 218-4409 www.nalboh.org www.nalboh.org Email: [email protected] 5 6 The National Association of Local Boards of Health (NALBOH) is pleased to provide this update to Legal Authority for Tobacco Control in the United States, 3rd Edition (Legal Authority) to boards of health and others interested in working toward the reduction and elimination of tobacco use. This report is a compilation of the legal authority for 13 areas of tobacco control and is not a compilation of the laws in each state. The mission of NALBOH is to prepare and strengthen boards of health (BOH), empowering them to promote and protect the health of their communities through education, training, and technical assistance. BOH are responsible for fulfilling three public health core functions: assessment, policy development, and assurance. This means that, for each health agency they oversee, BOH ensure that there are sufficient resources, effective policies and procedures, partnerships with the public, and regular evaluation of the agency’s programs and services, including tobacco use prevention and control. Regardless of a board’s legal authority to implement or enforce tobacco control laws, it is always able to support the authority within the state that is charged with implementing and enforcing these laws and they can remain involved in these issues. Although many successes have occurred over the past years, tobacco use remains an enormous public health concern in the United States. The Legal Authority provides tobacco control advocates and concerned citizens with information to assist them in identifying appropriate policy making authorities for tobacco control efforts. 7 8 OVERVIEW ► 5. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. Smoking is the single greatest avoidable cause of disease and death. The health risks of secondhand 6. Eliminating smoking in indoor spaces fully smoke (also known as environmental tobacco protects nonsmokers from exposure to smoke and passive smoking) are significantly secondhand smoke. Separating smokers from supported by scientific evidence. Over the years, nonsmokers, cleaning the air, and ventilating the science of secondhand smoke has driven buildings cannot eliminate nonsmokers’ secondhand smoke policy from separate smoking exposures to secondhand smoke. and nonsmoking sections to separately ventilated smoking rooms to 100% smoke-free environments. When a community's elected officials move to protect their citizens against the health hazards of The California Environmental Protection Agency secondhand smoke, tobacco companies often try estimates that secondhand smoke exposure causes to fight local ordinances through preemption at approximately 3,400 lung cancer deaths and the state level.3 Smoke-free air legislation is often 22,700–69,600 heart disease deaths annually easier to enact at the local level where 1 among adult nonsmokers in the United States. It policymakers are most responsive to the concerns is now possible to prove that smoke-free policies of constituents and less influenced by tobacco work to protect nonsmokers from the death and industry lobbyists. disease caused by exposure to secondhand smoke. According to state statutes researched for the The 2006 report released by the Surgeon General, purpose of this document, local boards of health The Health Consequences of Involuntary Exposure to in five states (GA, KY, MA, MD, WV) have the 2 Tobacco Smoke, contained six major conclusions: legal authority to restrict smoking in public places. 1. Many millions of Americans, both children and adults, are still exposed to secondhand Compliance rates tend to be very high for local smoke in their homes and workplaces despite laws.3 Local enforcement agencies such as health substantial progress in tobacco
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