Administrative Rule Language - Definitions for 'Infiltrate' and 'Incidental' - 5/1/08

Q: The Iowa Department of Public Health Division of Tobacco Use Prevention and Control would like to know:

a. Can states please share sample administrative rules that codify statewide enforcement of smoke-free air laws, including restaurants and bars? 

b. We are specifically interested in rule language that interprets and defines the term "infiltrate" as in, "provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter."  Additionally, do any states have sample administrative rules that describes the procedure or practice requirements involved with how to detect the infiltration of smoke (e.g., air quality monitoring, reasonable person detecting the odor by sense of smell, reasonable person detecting the smoke by sense of sight, etc.).

c. We are interested in administrative rule language that specifically interprets and defines the term "incidental" as in, "in which the serving of food is only incidental to the consumption of those beverages" (e.g., percent of sales, items on the menu, etc.)?

A:

1. Alabama: Please see the Alabama Clean Indoor Air Act Administrative Code. Alabama does not have any language in its state clean indoor air law or administrative rules that provide definitions for “Infiltrate” and “Incidental.” Local ordinances do not appear to have any definitions for infiltrate or incidental either.
   


2. Georgia: See the Georgia Smoke-Free Air Act of 2005. Note under "definitions" how Georgia defines infiltrate.
   
   
3. Iowa: Iowa used the following definitions in its Administrative Rules:
• 'Infiltrate' means to permeate an enclosed area by passing through a wall, ceiling, floor, window, door, or ventilation system to the extent that an individual can smell secondhand smoke.
  


• 'Serving of food incidental to the consumption of alcoholic beverages' means food preparation that is limited to the service of ice, pre-packaged snack foods, popcorn, peanuts, and the reheating of commercially prepared foods that do not require assembly, such as frozen pizza, pre-packaged sandwiches, or other prepackaged, ready-to-serve products. 
  
  
4. Illinois: Illinois's second draft notice rules are available on our Web site at www.smoke-free.illinois.gov.  The rules have not been adopted, but this may be helpful to Iowa in response to these questions.
   
   
5. Ohio: Please see the Ohio Administrative Code 3701-52-01 Definitions
   
   
6. Montana: Please see the Montana Clean Indoor Air Law and a copy of the Administrative Rules. Between the two documents you can see Montana’s definitions.



7. Nebraska: Regarding incidental food service, in Nebraska’s current rules and regulations we have a definition for "Limited Food Service" (not exactly the same as "incidental", but may be applicable).  
   • Limited Food Service means serving or otherwise providing only snack items or commercially prepared and wrapped food that require little or no preparation.  
     
     
8. New Hampshire: New Hampshire’s Administrative Rules can be accessed by clicking here.  New Hampshire does not have the same language but it does have the same issues - we deal with preemption and effective segregation even in the face of the Surgeon General’s Report.
   
   
9. West Virginia: West Virginia, because our clean indoor air regulation is enabled by State Code to be done by local health departments, does not have Administrative Rules addressing these issues.

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