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Policy
State
New policy guides available from Tobacco Control Legal Consortium
The Tobacco Control Legal Consortium's series of short guides, Tobacco Policy Tips and Tools, provides helpful background information on timely tobacco policy issues. In May, the Consortium addressed two tobacco control topics of interest to many local communities. These latest publications, available on the Consortium’s website, cover Restricting Tobacco Advertising and Placement of Tobacco Products. Another recent publication, Local Board of Health Authority for Tobacco Control, describes the different ways boards of health play a role in tobacco control. The Consortium also has released Regulating E-Cigarettes, which outlines options for state and local communities to consider when drafting or implementing laws or policies that regulate the sale, marketing or use of e-cigarettes.
Multi-state accord would reduce tobacco sales to minors
Convenience stores Circle K, Dairymart, and On The Run have reached an agreement with the attorneys general of 39 states and the District of Columbia in an effort to reduce tobacco sales to minors. Under the deal, the companies will conduct independent compliance checks at company-owned stores every six months, limit tobacco advertising in and around the stores, and will pay a total of $225,000 to be used for tobacco control programs. Employees will be trained to ask anyone who appears to be under thirty years old for identification, with the training focusing on eliminating underage tobacco sales and the health issues that prompted laws against selling to minors. Similar agreements are already in place for stores selling fuel for Conoco, Phillips 66 or 76, Exxon, Mobil, BP Amoco, Shell, Valero, ARCO and Chevron, as well as Kroger, 7-Eleven, Walgreens, Rite Aid, CVS, and Wal-Mart. Read more here, or click here to read a press release from Illinois Attorney General Lisa Madigan that outlines the terms of the agreement.
California wants to stop gambling, drinking, and smoking with food stamps (CA)
California state lawmakers are hoping to stop welfare recipients in the CalWORKS Program from purchasing alcohol and tobacco products and gambling with welfare money. The bill’s sponsor, Republican senator Bob Dutton, believes that adults should not be able to purchase alcohol and cigarettes when the majority of CalWORKS recipients, 76%, are children whose basic needs must be met by the welfare money. Opponents of the bill believe that allowing families to decide how to spend the money gives them important learning experience in managing their own finances. Read more here and follow Bill 417 here.
Calif. bill lets landlords ban smoking in units (CA)
The California Senate has passed a bill 33-2 that would allow landlords to ban smoking on their properties. While current law does not prohibit landlords from enacting smoke-free policies, SB332 clarifies that they have power under the law to ban smoking, including inside rental units. The bill is designed to give tenants more smoke-free housing options and prevent secondhand smoke from seeping into units through windows, doors, and shared ventilation systems. The bill now goes to the Assembly for a vote. Read more here.
Bill bans smoking in cars with kids (Guam)
A bill has been introduced in Guam’s legislature that would prohibit smoking in vehicles when children under age eighteen are present. Bill 188 would require anyone caught violating the law to pay a $100 fine for the first offense, which can be suspended if the individual proves that he or she has enrolled in a smoking cessation program. Fines for subsequent offenses cannot be waived, and are $200 for the second violation and $500 for each additional one; all fines paid will go toward the Guam Cancer Trust Fund. The bill is designed to protect children from being exposed to secondhand smoke and create a healthier community. Click here for more information.
Iowa House rejects adding casinos to smoking ban (IA)
The Iowa House has rejected part of a bill that would have made casinos smoke-free. Representative Janet Petersen sought to protect casino workers through a measure that would have required casinos to become smoke-free in order to be exempted from a county-level referendum requirement. The smoke-free proposal was voted down, but the remainder of the bill was approved, which will permit casinos to hold county referendums on gaming issues only twice (when first passed and eight years later) instead of every eight years. Iowa’s current smoke-free law, passed in 2008, does not include casinos. Read more here.
Ind. tobacco control agency becomes health department commission (IN)
Under the new state budget, Indiana Tobacco Prevention and Cessation (ITPC), the tobacco control agency in Indiana, will become a commission within the state health department. ITPC was created a decade ago by Indiana’s General Assembly with funding derived from the payments made by the tobacco industry under the Master Settlement Agreement. ITPC was created as a separate entity from the state health department to protect the organization from state politics and tobacco industry influences. Although ITPC’s funding has fluctuated over the years, advocates believe the program’s funding is more vulnerable than ever; however, optimism has been expressed that ITPC’s strong leadership will remain in place as the organization merges with the state health department. Click here for more information. Click here to read a press release from the Campaign for Tobacco-Free Kids, which chides the Indiana legislature for siding with Big Tobacco over the children of Indiana.
State Senate committee agrees to ban smoking in bars (LA)
The Senate Health and Welfare Committee in Louisiana voted 4-3 to expand the state’s smoke-free law to include bars. Similar proposals to make bars smoke-free have passed a committee vote multiple times in the past, but each time, the bill died later in the legislative process. The bill will now be reviewed on the Senate floor. Click here for more information.
North Carolina health fund faces the ax (NC)
In early May, the North Carolina House passed a budget proposal that would eliminate the North Carolina Health and Wellness Trust Fund as of December 31, and use the money toward closing a $2 billion budget gap. Health advocates fear that the elimination of this prevention funding will have an adverse impact on health outcomes in the state, citing the success of youth engagement programs in training teens to become anti-tobacco advocates. The Senate is expected to release its own budget plan at the end of May. Read more here.
Bill would snuff out Nevada's smoking ban in bars (NV)
With two weeks left in the legislative session, Nevada lawmakers recently introduced Assembly Bill 571, a proposal to create an exemption in the state’s smoke-free law for bars that serve food. The state’s Clean Indoor Air Act has been in place since 2006, and prohibits smoking in bars that sell food, restaurants, daycare centers, schools, and slot machine areas of grocery stores. Since the smoke-free policy was enacted, bar owners have complained that it has harmed their businesses. Meanwhile, representatives from the American Lung Association in Nevada note that there is no safe level of secondhand smoke exposure, and that a rollback of the smoke-free policy defies the will of the public, as the existing smoke-free law was enacted by voters. Read more here.
House votes to place restrictions on hookah bars (OR)
The Oregon House has voted in favor of a bill that would give the Oregon Health Authority the power to regulate hookah lounges. Hookah lounges will not be able to serve food or beverages or offer the Lottery, must limit entry to those over eighteen years of age, and will have a seating capacity of four. Hookah lounges that do not offer their employees smoke-free areas will be fined up to $1,000 per month. The original proposal would have closed down hookah bars entirely, but the bill was amended to grandfather in existing hookah bars and prohibit new hookah establishments from opening. Read more here, or click here to track the status of Bill 2726.
Tennessee House Agricultural Committee bans e-cigarette sales to minors (TN)
A new bill has been passed in the Tennessee House Agricultural Committee that bans the sale of e-cigarettes to minors. Tennessee House Bill 1729 originally prohibited the sale of electronic cigarettes to anyone in the state, but the Committee removed that section of the bill so that adults eighteen years and older will still be able to purchase the products. The change in the bill was influenced by the involvement of the Consumer Advocates for Smoke-free Alternatives Association (CASAA), which promotes “reduced-risk” alternatives to cigarette smoking. Read more here, or click here to track the status of the bill.
State Senate approves exceptions to smoking ban (WA)
The Senate in Washington State has approved legislation that would create an exemption in the state’s comprehensive smoke-free law and allow cigar and pipe smoking on the premises of up to 100 cigar lounges and 500 tobacco shops in the state. Establishments would have to pay annual fees of $17,500 for cigar lounge endorsements and $6,000 for tobacco store endorsements. The bill’s supporters say it allows for confined social smoking for adults, while opponents say it goes against the strict smoke-free air policy approved by voters in 2005. The bill now goes to the House. Click here to read more.
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National
Knock Tobacco out of the Park campaign update
Ten medical and public health groups are continuing their efforts to convince Major League Baseball and the Players Association to agree to a ban on the use of smokeless tobacco in major league baseball – on the field and in the dugout. The Knock Tobacco out of the Park campaign has gotten the attention of the owners and players, as well as the media, and the campaign leaders are continuing their efforts to demonstrate broad public support for getting tobacco out of baseball. To that end, the Campaign for Tobacco-Free Kids is asking national, state, and local groups to sign up as supporters of the campaign and encourage their partners to do the same; a list of all supporters can be found here. Organizations interested in having their name listed on the campaign website as a supporter can email eorlan@tobaccofreekids.org to express interest. Public health advocates can also ask their local youth baseball organizations to sign on as supporters of the campaign.
Navajo president's smoking ban not enforceable
The Navajo Nation’s justice department has declared that a smoke-free executive order signed by President Ben Shelly cannot be enforced. A review of the order found that it was legally insufficient, and while Shelly could prohibit smoking within the executive branch of the Navajo government, he could not enact a ban throughout Navajo Nation. If the executive order had gone into effect, it would have prohibited the use of commercial tobacco products in indoor public places and workplaces, including casinos, and within 25 feet of entrances. Advocates have worked for years to secure smoke-free protections for casino workers while respecting the tribe’s traditional practices that involve tobacco use. Click here to read more.
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International
Argentina bans electronic cigarettes (Argentina)
Argentina’s government has banned the import, sale, and promotion of electronic cigarettes. While manufacturers claim they are not harmful and could help smokers quit, Argentinean health experts decided that there was a lack of evidence that the devices help smokers quit or that they are safe to use; furthermore, some anti-tobacco advocates argue that e-cigarette promotions have interfered with public health efforts to get smokers to quit. Uruguay, Colombia, and Panama have also banned electronic cigarettes. Read more here.
China's new indoor smoking ban takes effect (China)
China’s new guidelines that prohibit smoking in venues such as hotels and restaurants have been implemented as of May 1. The law requires no-smoking signs to be placed in public places, and owners or managers of public places must assign staff to stop patrons from smoking. The director of China’s National Office of Tobacco Control, Dr. Gonghuan, is optimistic that this policy will raise awareness about tobacco control efforts, but due to vaguely defined rules and no specific punishment for violators, the efficaciousness of this ban has been questioned. According to experts, the government’s financial stake in tobacco production has obstructed strong anti-smoking measures from being adopted. Read more here.
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