State Hookah Regulations – 8/12/10

Q: Utah is seeking information on how individual states regulate, or if they do, the use of hookah. I am interested in understanding what trends we're seeing nationally with regulation and I desire model statute and rule language, particularly the latter.

A:

1. Alabama: Alabama does not regulate the use of hookahs.
    
2. Hawaii: Hawaii does not have a specific regulation that addresses Hookah use. The state’s workplace smoking law (328J, HRS) does have a provision that a retail tobacco store (one whose business is specifically/primarily for the retail sale of tobacco products can have customers sample (smoke) those products in the store only if the stores ac/ventilation system is separately vented to the outside.
    
   The language for our state law Chapter 328J, Hawaii Revised Statutes is on the web.
    
3. Massachusetts: Massachusetts includes hookah and any other tobacco in our smoking bar regulation. We have seen an increase in hookah bars rather than cigar bars but our numbers are still low - we have 14 licensed smoking bars in the state. The majority are in our two largest cities - Boston and Worcester. Both cities have high college populations.
    
   Click to view the policy language.
    
4. Michigan: On May 1, 2010 the State of Michigan implemented the Dr. Ron Davis Smoke Free Air Law, which bans smoking in all public places and worksites, including but not limited to bars, restaurants, hospitals, hotels, shopping malls, and bowling alleys.
    
   Hookah bars, cafes or restaurants are covered by this law and smoking hookah is prohibited for one of these two reasons: a) because smoking tobacco in the hookah, and/or b) smoking paraphernalia is banned (which is any equipment, apparatus, or furnishing that is used in or necessary for the activity of smoking).
    
   The hookah bars, cafes or restaurants can apply for exemption from the law only as a “tobacco specialty store” in which they have to get rid of their food license. The tobacco specialty store means an establishment in which the primary purpose is the retail sale of tobacco products and smoking paraphernalia; it does not include any establishment with any type of liquor, food or restaurant license. Also, it prohibits entry to a person under the age of 18 during business hours. We have had an issue with hookah lounges that say they only smoke an herbal mixture. We have interpreted the law to cover them though since the hookah pipe is paraphernalia. We are discovering some hookah lounges that did not apply for an exemption and will be shut down. The exemption approval/denial process has been time consuming and difficult.
    
5. New Jersey: Our partner, New Jersey Global Advisors on Smokefree Policy (GASP) created a webpage dedicated to hazards of hookah smoking. Also, read their PowerPoint presentation shared at the 2009 American Public Health Association.
    
   If you are creating research and using their work, please cite to GASP, since they are a nonprofit and appreciate the acknowledgement.
    
6. North Carolina: In North Carolina, hookah use is prohibited within establishments that operate either as a bar or restaurant. Therefore, hookah smoking is only allowed in an establishment if it does not serve food/drink that requires a state food sanitation permit or an establishment that does not sell alcohol for on-premise consumption that requires a state ABC permit.
    
   The law’s definition of "smoking" – the use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product. Note: This definition includes hookah, but it could be more clearly stated.
    
7. Washington: We are concerned about the trend, but only have one data point right now. Our 2008 Healthy Youth Survey showed that 13% of 12th graders smoked a hookah in the last month. We don’t have a BRFSS question specific to hookah, but know that young adults are the primary users.
    
   Washington State is finding the hookah issue to be a challenge. We get calls from someone wanting to open up a hookah lounge almost once a month, and our county health departments get similar calls frequently. There are no state laws specific to hookah, so the laws that govern tobacco and smoking apply.
    
   The Smoking in Public Places Law (RCW 70.160) prohibits smoking in places of employment or public places, but has some language that says it does not apply to private clubs. There are some hookah bars that claim to have no employees (use ‘volunteers’) and require a ‘membership’ for everyone to enter. It is likely that there will be some continued legal challenges in this area.
    
   The tax, sale, and distribution of tobacco is governed by RCW 70.155 and RCW 82.26 – again with nothing special noted for hookah. It would fit into “other smoking tobacco” in the definitions section.
    
   Because there is preemptive language in RCW 70.155 and 70.160 may have implied preemption, there have been only limited additional restrictions at the local level. This may change with King County having a CPPW (stimulus) grant underway.
    
8. West Virginia: Hookah bars, not hookahs for individual use, are regulated in West Virginia by many of our local health department’s comprehensive local clean indoor air regulations.
    
   Here in WV, we currently have few (IF any) hookah bars because typically these establishments cannot survive as a ‘free-standing’ business that “only sells tobacco products” that are to be consumed on the premises. We define "Retail Tobacco Store" as any establishment that is primarily for the sale of tobacco products and in which the sale of other products is merely incidental.
    
   Every public place where smoking is allowed by these regulations shall have posted at every entrance a conspicuous sign that reads:

   HEALTH WARNING: SMOKING IS PERMITTED WITHIN THIS FACILITY. YOU WILL BE EXPOSED TO SECONDHAND SMOKE. SUCH EXPOSURE CAN CAUSE OR CONTRIBUTE TO CANCER, HEART DISEASE, RESPIRATORY ILLNESS AND OTHER SERIOUS HEALTH PROBLEMS.

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Other Responses:

Tobacco Control Network: The American Lung Association published the authoritative guide on hookahs in 2007. It is available online here.

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