Legislative Watch

National

State smoking restrictions for private-sector worksites, restaurants, and bars; United States, 2004 and 2007
To assess the progress on the Healthy People 2010 goal of instituting smoke-free laws in all 50 states and the District of Columbia, the Centers for Disease Control and Prevention reviewed the status of state policies restricting smoking in workplaces, restaurants, and bars. The CDC reports that the number and breadth of smoking bans has increased dramatically in recent years. As of December 31, 2007, only eight states had not implemented any restrictions on smoking in private sector workplaces, bars, or restaurants. The report predicts that all 50 states could be smoke-free by 2010 if the number of smoking bans continues to grow at the current rate. Click here for more information.

State urges end to tobacco Web sales (CT)
Connecticut Attorney General Richard Blumenthal is leading a legislative effort to outlaw mail delivery of tobacco products. If mail delivery of tobacco products were prohibited, then internet tobacco sales—an easy source of tobacco for underage teens—would be thwarted. According to Blumenthal, stopping mail delivery of tobacco would not only prevent underage tobacco use, but it would also make it harder to evade state tobacco taxes, which often go uncollected on internet purchases. States like Connecticut that have high excise taxes could benefit greatly from being able to collect taxes consistently; states lost $254.7 million in excise taxes in 2002 to internet sales, according to one estimate. Blumenthal testified before a House panel on the importance of this matter, and a bill is awaiting a floor vote. To read more, click here.

Electronic cigarettes get around indoor ban
As more states and localities implement smoking restrictions, new electronic cigarettes that deliver a nicotine fix without giving off secondhand smoke are creating the latest smoking ban loophole. The devices, currently manufactured by at least two companies, do not use tobacco or emit smoke. They release only water vapor and a slight scent, so they are technically within the legal bounds of antismoking laws. Since electronic cigarettes are not marketed as smoking cessation aids, they are not regulated by the FDA. Click here for the full article.

Public smoking nears its last gasp (MI)
The Michigan Senate has passed a smoking ban that would affect all workplaces, including bars, restaurants, and casinos. A similar bill exempting casinos from the ban was narrowly passed in December in the House, and the Senate-revised bill is back for another House vote. The Senate bill does not designate an effective date, but if passed, the smoke-free law would likely go into effect in April 2009. To find out more about Michigan’s smoke-free legislation, click here.

Smoking ban compromise unravels (PA)
As Pennsylvania lawmakers attempt to reach a compromise on the details of a potential state smoking ban, Senator Vincent Fumo and Governor Ed Rendell called for legislators not to pass legislation that would pre-empt stronger local smoking bans. Philadelphia introduced a comprehensive smoking ban last year, but the current incarnation of the statewide ban would preempt the stricter Philadelphia law by adding exceptions for casinos, small bars, and private clubs. Click here to read more. Update: Proposed smoking ban to be revived in June. Because of the unresolved debates on exemptions to the state ban and conflicted opinions on whether the state ban should pre-empt local bans, meetings on the ban will continue in early June when the legislature reconvenes. Read more here.

Time runs out in Alabama legislature on statewide smoking ban (AL)
The 2008 legislative session ended on May 19th at midnight without a final vote on the bill which would ban people from smoking in restaurants, stores, malls, convention halls, theaters, sports arenas and many other public indoor places. It also would ban smoking in all indoor workplaces. Read more here.

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International

Canada banning all smoking in federal prisons (Canada)
After a partial smoking ban in prisons was largely ignored, Canada has now instituted a full smoking ban in all maximum-security federal prisons. Minimum- and medium-security prisons will follow suit in June. According to a spokesman for the Union of Canadian Correctional Officers, there are contingency plans in place to handle backlash from angry inmates. Leading up to the ban, inmates and prison staff have also been offered cessation counseling and treatment. Nonetheless, there are concerns over the human rights issues of a total ban, and some fear that the new policy could put tobacco-seeking inmates at a greater risk of exploitation by those who have access to tobacco products. Read more here.

Yukon rolls out smoking ban campaign as law becomes official (Canada)
This month, the Yukon has become the last Canadian jurisdiction to enact a smoke-free law. The Canadian territory’s new public smoking ban prohibits smoking in public places including bars and patios, and forbids smoking in cars carrying minors. Newspaper advertisements have been published in the past few weeks to inform the public of the new regulations. According to a health department leader, official regulations and an enforcement plan will be in place by the end of this year. Click here to find out more.

Smoke-free life begins in Turkey as of May 19 (Turkey)
Turkey has begun to implement its nationwide ban on smoking in public places. The new smoke-free law includes indoor facilities such as sports and entertainment venues, cultural facilities, hotels, and public transportation. The policy allows ventilated smoking areas in some cases, provided they are isolated from smoke-free areas. In the name of youth prevention, tobacco sales are only permitted from certified retail locations, tobacco advertisements and marketing promotions are prohibited, and minors under the age of 18 are not allowed to buy cigarettes. In July 2009, smoking will also be banned from restaurants and other eateries. Click here for the full story.

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