SMOKING AND HEALTH A National Status Report 2nd Edition A Report to Congress U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service Centers for Disease Control Center for Chronic Disease Prevention and Health Promotion Office on Smoking and Health Rockville. Maryland 20857 DHHS Publication No. (CDC) 87-8396 (Revised 02/90) FOREWORD Cigarette smoking is the chief preventable cause of death in our society. It is directly responsible for some 390,000 deaths each year in the United States, or more than one of every six deaths in our country. The number of Americans who die each year from diseases caused by smoking exceeds the number of Americans who died in all of World War II, and this toll is repeated year after year. Public heafth officials know these figures well. But it is important that all Americans realize the health consequences, and the cost consequences, of tobacco use. For that reason, I am pleased to present to the Congress and to the American people this National Status Report on Smokinn and Health. The information presented in this report is both startling and distressing, especially the new compilation of health and cost effects in each of our 50 States. For example: - In 1985, the average number of smoking-attributable deaths per State was 6,096, ranging from 271 in Alaska to 28,533 in California. - The average smoking-attributable economic costs per State were $1 .O billion, ranging from $82 million in Alaska to $5.8 billion in California. - Wiih the sum of State economic costs exceeding $52 billion, the economic impact of smoking can be put at some $221 per person each year. Thus cigarette smoking has an economic impact on every American, whether or not he or she smokes. This report also shows that smoking is a particularly important problem for young Americans -- nearly all smokers now start smoking regularly in their teenage years. In addition, cigarette smoking is increasingly becoming concentrated among Americans with lower incomes and less education. I am especially concerned that we make more progress in reaching young people, women, minorities, and blue-collar workers with accurate and compelling information about smoking and health. There is encouraging news in this report, as well. But we still have far to go in giving all Americans the information they need to make good health choices about smoking. It is my hope that the information in this report will be of help in that important cause. Louis W. Sullivan, M.D. Secretary PREFACE During the past several years, our progress toward a smoke-free society has continued. Per capita cigarette consumption (18 years of age and older) decreased from 3,370 in 1985 to a preliminary estimate of 2,850 in 1989. Total cigarette consumption fell from 594.0 billion cigarettes in 1985 to 524.6 billion in 1989, despite growth in the size of the population. Data from the 1986 Adult Use of Tobacco Survey (reported here in detail) and the 1987 National Health Interview Survey (reported in other publications of the Public Health Service) show that the prevalence of cigarette smoking among adults is now under 30 percent, an important milestone. Nevertheless, smoking remains the chief preventable cause of death in our society. More than 1,000 Americans die each day from diseases caused by smoking. The decline in smoking has been substantially slower among women than among men. Smoking rates are higher among minorities, blue- collar workers, and less educated persons than in the overall population. This report provides valuable State-specific information on the health and economic impact of smoking, legislative measures to control smoking, and smoking cessation and prevention programs. It is readily apparent that many States have made much more progress than others in reducing smoking and smoking-related disease, I am pleased that Utah, my home State, has the lowest adult smoking prevalence among all 50 States -- 15 percent. However, an estimated 742 smoking-attributable deaths still occurred in Utah in 1985, and other States experienced smoking-attributable mortality rates three to four times as high as the rate in Utah. Clearly more needs to be done in all 50 States to prevent the needless death and disability, and pain and suffering, caused by the use of tobacco. Later this year, the Public Health Service will publish National health promotion and disease prevention objectives for the year 2000. These objectives have been developed in collaboration with State and local government agencies and the private sector, Tobacco is one of the 21 priority areas for which specific objectives will be defined. The information in this report will serve as a benchmark against which States can measure their progress toward achieving ambitious goals related to smoking and smoking control. James 0. Mason, M.D., Dr.P.H. Assistant Secretary for Health TABLE OF CONTENTS Table of Contents . . . .._._.._....__._....-...-.._................._-...-......_._..._......_._....-...-..... . . . . . . . -. 3 I. Introduction Executive Summary _...._._.............._............................... . .._..........-..........-...-........ 7 Acknowledgments . . . .._......._....._...............-...-.-....... ._.__...._....-......-._..............-..... 11 II. Special Sections 1986 Adult Use of Tobacco Survey ..__............._..~..........~..........~.~..........~........~.~...~... 15 Smoking-Attributable Mortality, Years of Potential Life Lost, and Economic Costs State-Specific Estimates, 1985 _ _ . _ . _ . . _ . _ _ 37 . .._...__.........__.___........_._.._........._......_.~....... III. Activities of the Interagency Committee on Smoking and Health _. _ _ . . .._....~....___..._....~_~._._...__...._~.~...~~~....~....~.~...~......~...~...~. 51 IV. Legislation Federal ......................................................................................................... 63 State ........................................................................................................... 77 Local .......................................................................................................... 117 \I. National, State and Local Programs National Programs ........................................................................................... 149 State and Local Programs .................................................................................. -173 Smoking and Health Advocacy Groups ..................................................................... 381 3 INTRODUCTION EXECUTIVE SUMMARY Introduction Since the 1964 publication of the first Surgeon General's report linking cigarette smoking to illness and disease, efforts on the part of government and private organizations to reduce the prevalence of tobacco use and to educate the population on the harmful effects of tobacco, have increased dramatical- ly. Programs to educate the population on the harmful effects of tobacco and to help current smokers quit are evident at every level of government and in virtually every geographic area of the United States. Smoking cessation and prevention programs are offered on a Nationwide basis by the major voluntary health organizations. Private hospitals and organizations conduct cessation and education programs in a wide variety of locations. State and local governments have adopted legislation to control the sale of tobacco products and to limit their use to certain specific locations. The Federal Government has banned smoking on all domestic flights schedljled for two hours or less. Smoking and health advocacy groups have been formed to address-the need for clean indoor air. Hotels and motels frequently offer nonsmoking rooms for their patrons, and one airline has implemented a total smoking ban on all its flights in the continental United States. The numbers and types of programs have grown with the publication of each new Surgeon General's report. Most of the early programs focused on the individual smoker. Follow- ing the release of the 1985 Surgeon General's Report on Cancer and Chronic Lung Disease in the Workplace and the 1986 Surgeon General's Report on the Health Consequences of Involuntary (Passive) Smoking, many new programs were established emphasizing nonsmokers' rights; the obligation of employers and operators of public places to provide smoke- free working and public assembly areas was also em- phasized. With the issuance in mid-1988 of the Surgeon General's report on tobacco use as an addiction, it is expected that many additional programs will cOme into existence, or the focus of existing programs will change to meet new areas of concern. In recognition of the magnitude of the health impact of tobacco use and the ever increasing number of related programs, the Congress passed Public Law (P.L.) 98-474, the Comprehen- sive Smoking Education Act of 1984. Section 3(c) of this law requires that the Secretary of Heatth and Human Services report to the Congress biennially on the status of smoking programs in the Nation. This is the second report in a series. II covers the calendar years 1986 and 1987, These reports are intended to be used as directories by Members of Congress as well as by individuals at all levels. The contents of this report reflect the growth of smoking-re- lated programs and legislation. In the first report, ap- proximately 800 State and local programs were listed. This report identifies over 1,500 programs. At the time the 1986 Report was issued, 60 bills related to smoking and health had 7 been introduced at the Federal level. This report contains information on nearly 100 Federal bills that have been intro- duced or adopted. At the State level, approximately 400 laws that influence smoking or tobacco sale and use were in effect in 1986. As of December 1987, the number of State laws had grown to nearly 600. This report also contains a summary of the activities of the Interagency Committee on Smoking and Health, listings of smoking and health advocacy groups, a section on local ordinances in the twenty largest cities in the United States, a summary of the results of the 1986 Adult Use of Tobacco Survey, and a summary of a study conducted by the Centers for Disease Control on smoking-attributable mortality, years of potential life lost and economic costs in the 50 States. Report Highlights Resuk of Ihe 1986 Survey of Adult Use of Tobacco. The fifth Adult Use of Tobacco Survey was conducted by the Office on Smoking and Health in 1986, 11 years after the previous one, which was conducted in 1975. Adult Use of Tobacco Surveys are unique in seeking information on knowledge, attitudes and behaviorsof representative samples of the population relating to tobacco. Some key findings from this survey include the following: 26.5 percent of the U.S. adult population are cigarette smokers. Thirty percent of the population use some form of tobac- co. Use of tobacco other than cigarettes is a male phenomenon and 9 percent of men currently smoke a cigar or pipe and 5 percent currently use smokeless tobacco. There has been a downward trend in the age at which smokers start to smoke regularly. Nearly all smokers now start smoking regularly in their teenage years. Cigarette smoking and use of tobacco vary with education and income. Those with higher education and who report higher incomes are less likely to smoke or use tobacco. There is no difference between these groups in the proportion of people who have ever been smokers. People of higher socioemnomic status are more likely to have quit smoking. There are different patterns of smoking among the dif- ferent subgroups of the population. Blacks tend to smoke fewer cigarettes a day than do whites, but use brands that are higher in tar content and are mentholated. Successful quitters in 1986 were much more likely to report success on the first or second quit attempt than successful quitters in 1975. Even with the decrease in the proportion of smokers in the population, there has been little change in the proportion of smokers who have tried to quit between 1975 and 1986. Both of these figures suggest that the downward trend in smoking prevalence will continue for at least the short term. These findings suggest that the antismoking efforts in the private and public sectors are meeting with some success and that, if such efforts are continued, there will be a further reduction in smoking prevalence in the community. Dissemi- nation of these findings and other in-depth analyses of the 1986 survey are expected to lead to a more effective targeting of antismoking campaigns. These, in turn, should lead to a more rapid reduction in the prevalence of smoking in the community. Smoking-Attributable Mortality, Years of Potential Life Lost, and Economic Costs The adverse health impact of smoking and associated economic costs have long been accepted as enormous. This study attempted to quantify, on a State-by-State basis, the number of deaths, years of potential life lost, and the costs attributable to smoking for 1985. This study is not a cost- benefit analysis, but rather an attempt to quantify both the disease and economic impact of smoking for each State. Costs associated with smoking-related death and illness may be immediate or deferred. There are costs to the individual and to society in general. Indirect costs of smoking are the value of lost productivity, output, or manpower resources that cannot be used because of illness. In 1985, the average number of smoking-attributable deaths per State was 6,099 (ranging from 271 in Alaska to 28,533 in California). The rate of smoking-attributable deaths per 100,000 persons ranged from 45.3 in Utah to 175.9 in Ken- tucky (the average State rate was 129.1). The average number of smoking-attributable years of potential life lost (YPLL) to life expectancy per State was 70,621 (rang- ing from 4,335 in North Dakota to 335,319 in New York). The rate of smoking-attributable YPLL per 100,000 persons ranged from 643 in North Dakota to 2,167 in Kentucky (the average State rate was 1,489 ). The average smoking-attributable economic costs per State were $1 .O billion (ranging from $82 million in Alaska to $5.8 billion in California). On a per capita basis, these costs ranged from $54 per person in Puerto Rico to $284 in Rhode Island (the average State per capita cost was $205). Based on these State-specific estimates, the National totals are as follows. In 1985, more than 316,000 deaths' and an additional 3.7 million years of potential life lost (YPLL) to life expectancy were attributable to tobacco use. The total economic impact for all 50 States was over $52 billion: $23.7 billion in direct morbidity costs, $10.2 billion in indirect mor- bidity costs, and $18.4 billion in indirect mortality costs. On a per capita basis, the economic impact was $221 per person for the United States as a whole. A more recent national estimate of smoking-attributable mortality, based on updated relative risk estimates from the American Cancer Society's Cancer Prevention Study II, is 390,000 deaths in 1985. The derivation of this new estimate is explained in detail in the 1989 Surgeon General's Report. Smoking causes more premature deaths than cocaine, heroine, alcohol, fire, automobile accidents, homicide, and suicide combined. The vast health and economic impact of smoking and tobacco use reinforces the need to sustain smoking cessation and prevention of smoking as a high- priority public health effort at the National level as well as within each State. Interagency Committee The Interagency Committee on Smoking and Health was established as part of the Comprehensive Smoking Education Act of 1984 (P.L. 98-474). The Committee, chaired by the Surgeon General of the U.S. Public Health Service, Dr. C. Everett Koop, is comprised of 25 members; 20 Federal mem- bers and 5 non-Federal scientists and physicians representing private entities. Since the inaugural meeting on October 1, 1985, the Committee has met five times. Topics of the meet- ings include: the impact of advertising and promotion of tobacco products; free cigarette sampling and other related marketing techniques; smoking and its impact on minority populations: implementation of the new smoking regulations promulgated by the General Services Administration; and the international aspects of tobacco and health. LegTslation In an effort to simplify and standardize existing information on Federal and State legislation pertainingto smoking and health, this report examines the Federal laws and the laws of all 50 States and the District of Columbia through calendar year 1987. Nearly 600 State laws pertaining to smoking and health have been identified. This total does not include all laws pertaining to the taxation of cigarettes or tobacco products, but includes those laws that mandate that tax revenues be earmarked for special health-related programs or research. The smoking-related laws vary widely in their scope and intent, but for purposes of evaluation and comparability, they have been categorized as follows: limitations on smoking in public places; regulation on sale and use of tobacco products by minors; schools and school health education; regulations of advertising practices; commerce; taxation; and health and safety regulations. Each of the 50 States and the District of Columbia regulate the sale and/or use of tobacco in some fashion. In addition, * The State estimates that provide the basis for this National total were derived using relative risk estimates for smoking-related diseases from studies conducted in the 1950's and 1960's. Since those State calculations were made, more current relative risk estimates have become available. These estimates were used in the 1989 Surgeon General's Report on Reducing the Health Consequences of Smoking: 25 Years of Progress to yield an estimate of 390,000 smoking-attributable deaths in the United States in 1985. a information was compiled from the largest 20 cities in the United States to provide a sampling of local regulations on smoking and tobacco sale and use. The local ordinances are grouped into five categories: smoking in public places; smok- ing regulations in the workplace; public safety regulations: municipal tobacco taxation; and regulation of cigarette sales to minors. All 20 cities have focal ordinances pertaining to smoking in public places; nine in the workplace; 14 regarding publiisafety;five enforcing local taxation; and eight regulating the sale to minors. Findings of State legislation include: o 43 States and the District of Columbia have legislation restricting smoking in public places. o 20 States and the District of Columbia, a total of 21 jurisdictions, restrict smoking in Government and/or private workplace settings. o All States tax cigarettes. State taxes range from a low of 2e (North Carolina) to a high of 388 (Minnesota) per pack of cigarettes. o Five states prohibit the sale or use of clove cigarettes. o 19 States require elementary and secondary schools to include instruction on the hazards of tobacco use. . o 44 States and the District of Columbia restrict sales or distribution of tobacco products to minors. The age at which an individual can purchase tobacco products range from a high of 19 years of age to a low of 16 years of age; 14 States allow minors under age 18 to purchase tobacco products. Six States have no law pertaining to the sale or distribution of tobacco to a minor. National, State and Local Programs. The smoking and tiealth movement in this country has been acollaborative effort involving virtually every facet of the health community. The National voluntary health organizations, their State and local affiliates, State and local health departments, the Federal Government, and numerous other agencies have played a crucial role in this effort. This section attempts to give the reader an overview of the activities of these various organizations with a special review of more than 1,500 com- munity level programs. The programs described include cessation clinics, prevention efforts aimed at children and adolescents, school programs, community and patient education programs, mass media campaigns, and individual self-help and counseling programs. Also included are summaries of smoking education and infor- mation programs of various agencies of the Federal Government, particularly those within the U.S. Public Health Service. 9 ACKNOWLEDGMENTS This report was prepared by the U.S. Department of Health and Human Services under the general editorship of the Office on Smoking and Health, Center for Health Promotion and Education, Centers for Disease Control. Research and production support was provided by HCR, a management consulting firm in Washington, D.C. Managing Editor of the Report was John L. Bagrosky, Associate Director of the Office on Smoking and Health. Managing Director was Ronald M. Davis, M.D., Director of the Office on Smoking and Health. The editors acknowledge with gratitude all the Federal agencies, State, county and locab health departments, National voluntary organizations and their State and local affiliates, smoking and health advocacy groups, and the numerous individuals who cooperated in the production of this Report. 11 SPECIAL SECTIONS E Introduction Since 1964, periodic Adult Use of Tobacco Surveys have been conducted to determine usage rates as well as descriptive information on smoking patterns of representative samples of the United States population. Information gathered included history of individual use of any tobacco product as well as attitudes on smoking-related issues. Previous Adult Use of Tobacco Surveys were conducted in 1964, 1966, 1970, and 1975. The most recent survey was conducted in 1986. Since the earlier surveys, Federal and private agencies have exerted considerable effort to educate smokers. This effort has included a number of Surgeon General's reports dealing with the health consequences of smoking. Since the landmark reports of 1964 and 1979, which were comprehen- sive reports on smoking-related diseases, specific reports have been prepared on the evidence linking smoking to can- cer, cardiovascular disease, and chronic obstructive lung disease. The 1986 Adult Use of Tobacco Survey was an opportunity to assess the impact of these reports and the public reaction to them by measuring attitudes towards smoking and the smoking behavior of the population. In recent years, there have been major advances in protecting the rights of the nonsmoker in work settings and in public places. Many of these changes followed the publication of the Surgeon General's 1986 report on involuntary smoking. More recently, the Surgeon General's 1988 report on nicotine ad- diction received broad media coverage and should further atter how people perceive the use of tobacco. Public reaction to these reports in the form of the enactment of nonsmoking legislation, for example, can be measured by the series of Adult UseofTobaccoSurveys. The 1986suweyoffersagood baseline for comparison since information was collected prior to the release of the last two Surgeon General's reports. Further, the impact of the reports can be measured in part by comparing the data from the 1986 survey with data from the surveys conducted in 1964,1966, and 1975. Trend data on smoking prevalence are also available from the National Health Interview Survey (NHIS), an in-person survey conducted by the National Center for Health Statistics every 2 to 3 years during the past quarter century. These data were presented in detail in the 1989 Surgeon General's report, Reducing the Health Consequences of Smoking: 25 Years of Progress. tt should be noted that the prevalence estimates derived from telephone surveys, including the 1970,1975, and 1986Adu#UseofTobaccoSurveys,aregenerallytwoorthree percentage points below those derived from in-person sur- veys, for reasons explained in the 1989 Surgeon General's report. The NHIS data are considered to be the data of highest quality (large sample size, high response rate), although the Adult Use of Tobacco Surveys offer much more comprehensive information related to tobacco use. Survey Description In 1986, a telephone survey of smoking history, attitudes and beliefs was conducted. In this survey, 13,031 members of the civilian, non-institutionalized population of the United States were contacted. A two-stage sampling procedure was used within a computer-assisted telephone interview format. The first stage invofved selecting a random sample of telephone exchanges within the United States. The sampling procedure was balanced for the number of telephones within the ex- change. Clusters of between IO and 15 households within each exchange were contacted using random digit dialing; up to 27 callbacks were made. Households were enumerated and smoking status of members ascertained. A total of 36,405 households were contacted for a response rate of 85.5 percent. In the second stage, a further stratified random sampling procedure was undertaken to provide an approximately equal proportion of respondents in each smoking category (current, former, never). The stratification variable was the number of smokers in the household. Up to 10 callbacks were made to interview the selected respondents for a response rate of 86.9 percent. The overall response rate from the two procedures was 74.3 percent, representing the product of the response rate of each. Quality control procedures in the survey involved 26 hours of survey-specific training and practice for interviewers and silent monitoring of ten percent of all interviews by supervisory staff. Data obtained were weighted to reflect the United States population in two stages. First, a base weight was calculated that was the product of weighting for cluster (completed screeners within cluster), household (telephone numbers within household) and person (to account for selection based on smoking status). Second, post-stratification weighting was done for region, education, race, sex, and age. Cigarette Smoking Status and Quit Ratios Table 1 presents the data on cigarette smoking status from the 1986 Adult Use of Tobacco Survey. All percentages in this table are weighted to the total population as indicated above. To obtain population numbers for any subgroup from this table, the population estimate for the subgroup is multi- plied by the proportion of the group that smokes. The quit ratio (Pierce et al., 1986) is the statistic which indicates the propor- tion of ever smokers who have become former smokers. lt is derived by dividing the number of former smokers in the population by the number who have ever smoked at least one hundred cigarettes in their lives. According to this survey, 26.5 percent of Americans of 17 years of age and older smoke cigarettes. Those who have never had a cigarette constitute 48.9 percent and those who 1986 ADULT USE OF TOBACCO SURVEY 15 have been smokers but have quit constitute 24.6 percent. Of those who have ever smoked, 48.1 percent are now former smokers (quit ratio). Among the male adult population, 29.5 percent are current smokers, 40.0 percent are never smokers and 30.4 percent are former smokers; the quit ratio is 50.8 percent. Among the female adult population, 23.8 percent are current smokers, 56.9 percent never smoked and 19.3 percent are former smokers: the quit ratio is 44.8 percent. There is an increase from 18.9 percent to 32.8 percent in smoking prevalence with increases in age from the 17 to 19 age group up to the 35 to 44 year olds. Prevalence declines to 13.9 percent for those 65 years of age and okfer. The quit ratio increases directly with age, from 22.3 percent for the 17 to 19 year olds to 70.4 percent for the 65 years of age and older group. The proportion of the white population currently smoking is 26.4 percent; the proportion of the black population currently smoking is 28.4 percent. Among whites who have ever smoked, 49.3 percent have stopped and among blacks who have ever smoked, 38.8 percent have stopped. The Western region has the lowest smoking prevalence, 24.5 percent, and the highest quit ratio, 51.7 percent. The Southeast region has the highest smoking prevalence, 28.2 percent, and shares the lowest quit ratio, 45.9 percent, with the Midwest. Among the different marital status groups, the divorced or separated group has the highest smoking prevalence, 38.2 percent. The widowed group, however, has the highest quit ratio, 58.9 percent. Smoking prevalence declines with increasing number of years of education, For those with 11 or fewer years of education, the prevalence is 31.4 percent; the proportion of smokers among those who have 16 years or more of education is 16.3 percent. The quit ratio increases from 44.1 percent for the less educated group to 63.5 percent for the more educated group. The same pattern is observed for income. Smoking prevalence falls from 28.9 percent for those with a household income of $10,000 or less, to 21.8 percent for those with a household income of more than $40,000. The quit ratio in- creases with each income category, from 41.5 percent to 58.8 percent. The smoking prevalence is 30.0 percent for those who fall below the poverty level and 27.3 percent for those who are above the poverty level; the quit ratio is 39.1 percent and 48.5 percent, respectively. Total Tobacco Use Status Cigarettes are the major type, but not the only type of tobacco, used by the population. People also smoke cigars and pipes and use chewing tobacco and snuff. Accordingly, it is important to review total tobacco use in the population. Table 2 presents the data on tobacco use, including quit ratios, by so&demographic variables. Among the adult male population, 37.9 percent are current users of some form of tobacco, 35.1 percent areformer users, and 27.0 percent have never been users; the quit ratio is 48.1 percent. Among the adult female population, 24.4 percent are current users of some form of tobacco, 20.9 percent areformer us8rs, and 54.7 percent have n8v8r b88n users; the quit ratio iS 46.1 percent. A comparison of Table 1 and Table 2 shows that the use of tobacco Other than cigarettes is predominantly a male phenomenon. There is a continual increase in prevalence of tobacco use as age increases, from 22.2 percent in the 17 to 19 years of age group, to 36.4 percent in the 35 to 44 years of age group. The prevalence deCr8aSeS significantly to 19.5 percent for those 65 years of age and older. The quit ratio increases with age, from 35.3 percent for those 17 to 19 years old to 63.9 percent for thOS8 65 years of age and older. The survey shows that th8 prevalence of tobacco us8 decreases with increasing years of education. It ranges from 37.1 percent for those with 11 or fewer years of education, to 21.3 percent for those who haV8 completed college and have 16 years or more of education. The quit ratio increases from 41.3 percent forthose with some high school education to 61.4 percent for those with a college degree. Among the marital status groups, those in the divorced or Separated category have th8 highest overall tobacco us8 at 41.6 percent. The widowed category hasthe highest quit ratio of 54.1 percent. In the household income category, those with an annual income of between $20,000 and $29,999 have the highest tobacco us8 prevalence at 36.4 percent. Those with an annual income of $40,000 or more have the highest quit ratio at 57.2 percent. Tobacco Use: Cigar/Pipe and Smokeless Status As shown in Table 3, currently 4.3 percent of the United States adult population smoke cigars or pipes and 2.7 percent us8 smokeless tobacco. As indicated earlier, use of these types of tobacco occurs mainly in males, 8.7 percent of whom smoke cigars or pipes and 5.2 percent of whom us8 smokeless tobacco. Usage of cigars and pipes increases with age, up to 6.7 percent in the 45 to 54 years of age group and Starts declining thereafter. Female usage is less than one percent. The opposite phenomenon is observed among the current us8rs of smok8l8ss tobacco. Smokeless tobacco us8 declines with age. up to th8 45 to 54 year okfs. Almost the same proportion of whites and blacks, 2.8 percent and 2.3 percent, respectively, us8 smokel8ss tobacco. Currently, 4.4 percent of whites and 3.7 percent of blacks are smoking cigars or pipes. There is no marked variation among regions for cigar and pipe US8. The Southeast, hOWeVer, has a higher pr8Val8nCe Of 16 smok8less tobacco us8, 4.2 percent, fOllOWed by the West with 2.3 percent. The populations with 11 or fewer years of education and with 16 or more years of 8dUCatiOn haV8 th8 highest prevalence of cigar and pipe smoking, 4.9 percent and 5.3 percent, respec- tively. The us8 of smokeless tobacco, however, declines from 4.5 percent to 1.6 percent as 8dUCatiOn increases. There is a pattern of increasing prevalence of cigar and pip8 us8 from 3.1 percent to 5.5 percent as household income increases. The opposite is true for the us8 of smok8l8ss tobacco: 4.1 percent for those with hous8hoM incomes of less than $10,000; 2.1 percent for those with household incomes of $40,000 or more. Of those above the poverty level, 4.7 percent smoke cigars or pipes and of thOS8 below the poverty level, 3.0 percent smoke cigars or pipes. For smok8less tobacco, the figures are reversed: 2.5 percent for those above the poverty level and 4.3 percent for those below the poverty level. Tobacco Use: Status of Different Combinations Table 4 shows the different combinations of tobacco us8. The proportion of the United States adult population that currently SmOk8S cigarettes, but does not us8 other forms of tobacco, is 24.3 percent, while another23 percent also us8 other forms of tobacco. Former cigarette smokers who do not us8 any Other form of tobacco represent 22.6 percent. Another 1.9 percent of the United States population are former cigarette smokers Who Currently use 8ith8r smok8less tobacco (9.9 percent) or cigars or pipes (1 .O percent). The proportion of the population that has nev8r smoked cigarettes nor used any Other tobacco is 46.5 percent. Another 1.1 percent, although they have never smoked cigarettes, currently us8 smokeless tobacco and 1.3 percent smoke cigars or pipes. Changes in Smoking and Tobacco Use Since 1975 Tables 5 and 6 present the cigarette smoking and tobacco us8 data from the 1975 Adult Use of Tobacco Survey. Comparison of the data from the 1975 survey with data from the 1986 survey shows that more aduft males smoked in 1975, 40.5 percent, than in 1986,29.5 percent. Smoking prevalence for adult females was also higher in 1975 at 31.4 percent compared to 23.8 percent in 1986. Smoking prevalence increased with age, peaking in the 35 to 44 years of age group, after which it decreased. In 1975, smoking prevalence increased from 38.2 percent in 21 to 24 year olds to 43.6 percent in 35 to 44 year old% then decreased to 17.4 percent for thOS8 65 years of age and older. A similar pattern existed in the 1986 data; however, the whole cUw8 was lower. In 1986, smoking prevalence increased from 18.9 percent in the 17 to 19 year oMs (a younger age group than surveyed in 1975), peaked at 32.8 percent in the 3510 44years of age group, then decreased to 13.9 percent for those 65 years of age and older. The quit ratio increases continually according to both the 1975 and the 1986 surveys, although it is at a higher overall level in 1986. In 1975, the quit ratio increased from 28.1 percent in the yOUng8St age group to 57.9 percent in the oldest age group. The pattern is similar in 1986. The quit ratio increased from 22.3 percent in the youngest age group to 70.4 percent in the Oldest age group. Within the education category, smoking prevalence in 1986 decreased as edu,@on level increased. Those with 11 or fewer years of education had a smoking prevalence of 31.4 percent while those with 16 or more years of education had a smoking prevalence of 16.3 percent. In 1975, however, the smoking preVal8tIC8 increased from 35.2 perCent for those with some high school education to 40.2 percent forthose with a high school education and decreased for those with a college education. Overall, smoking prevalence has decreased considerably from 1975 to 1986 for those with 16 or more years of education from 27.6 percent in 1975 to 16.3 percent in 1986. The quit ratio by education is totally different for each year surveyed. In 1986, it continued to increase from 44.1 percent for those with 11 or fewer years of education to 63.5 percent for those with 16 or more years. In 1975, however, th8 quit ratio was 38.8 percent for those with less than 12 years of 8dUCatiOn. It then increased for those with some college, 41 .l percent, to a high of 51.2 percent for thOS8 with a college degree. Describing Smoking Patterns The health consequences of smoking are related to the d8- gree of exposure that a person has to tobacco smoke (Sur- geon General's reports 1964-l 986). The most commonly used index of exposure is the number of cigarettes smoked per day. t-iowever, the accuracy of this index as a measure of exposure has been questioned. Biochemical studies havefound that the correlation between the number of cigarettes smoked per day and the biochemical markers of use, cotinine, th'kJCyanat8, and carbon monoxide, is not high. A related index of exposur8 iS the "strength" of the cigarette smoked. Three categories of this exposure variable, selected to give approximately equal distributions of the population, are reported in Table 7. The Federal Trade Commission has established a standard procedure for measuring the relative strengths of different cigarettes by assessing the amount of tar and nicotine that each delivers When smoked by a machine in a standard manner. The level of tar and the level of nicotine delivered by different cigarettes according to the standard measurement method are highly correlated and it is sufficient to report only one. Three categories of cigarette tar level, also selected t0 provide reasonably 8qUal distributions, are reported in this Table. The Table also provides information on the percentage of each groupthat smokes menthol Cigarett8S. Menthol, which has some local anesthetic properties, may enable a smoker to haV8 a stronger inhalation technique and, 17 therefore, to Obtain a larger dose Of tobacco SmOk8 con- stituents per cigarette. The proportion of current SmOk8rS who smoke 15 or fewer cigarettes per day ("light" smokers) is 35 percent. An equal proportion, 34.9 percent, smoke 16 to 24 cigarettes per day and 30.1 percent SmOk8 25 or more cigarettes per day ("heavy smokers"). The proportion of those smoking 15 or fewer cigarettes among male current smokers is 29.8 percent and among females it is 40.7 percent. There are 36.2 percent male and 23.4 percent female current smokers who are heavy SmOk8rS, smoking 25 or more cigarettes per day. Among 17 to 19 year olds, more smokers, 53.8 percent, tend to smoke 15 cigarettes or fewer per day. This proportion of light smokers decreases with increasing age up to the 55 to 64 years of age group at 29.8 percent. In the oldest age category, those 65 years of age and oMer, the proportion of light smokers was 42.1 percent. However, this change may be a result of differential mortality in heavier smokers rather than a change in cigarette smoking pattern. The proportion of heavy smokers increases with age, from 12.1 percent of the 17 to 19 year olds, to 38.5 percent of the 45 to 54 year olds. Then it falls to 21.3 percent for those 65 years of age and oM8r. Among whit8 smokers 31.2 percent are light smokers and 33.1 percent are heavy smokers. Among blacks, however, the majority, 61.3 percent, are light SmOk8rS and 11.4 percent are heavy smokers. The region with the highest proportion of light smokers, 39.1 percent, and the lowest proportion of heavy smokers, 28.8 percent. is the Western region. The Midwest has the lowest proportion of light smokers, 31.7 percent, and the highest proportion of heavy smokers, 33.3 perCent. The difference in the number of cigarettes smoked per day by education level is only minor. Of those with 16 years or more of education, 39.1 percent smoked 15 or fewer cigarettes per day and of those with 11 or fewer years of education, 33.5 percent smoked 15 or fewer cigarettes per day. Only 28.1 percent Of th8 more 8dUCat8d and 30.0 percent Of the l8SS educated smoked 25 or more cigarettes per day. The majority of smokers, 58.8 percent, smoke cigarettes with a tar level of more than 15 mg/per cigarette. This is true for both males, 65.2 percent, and females, 51.7 percent, and for each age group. Among whit8 smokers, 31.8 percent smoke "low-tar" cigarettes, with a tar level of less than or equal to 10 mg/per cigarette, and 55.9 percent smoke "high-taPcigarettes with more than 15 mg/per cigarette. However, among black smokers, 14.5 percent smoke low-tar cigarettes, and the majority, 78.0 percent, smoke cigarettes with a high-tar yield. The Midwest region has the highest proportion of smokers of high-tar cigarettes, 84.3 percent, and the Northeast has the lowest proportion, 50.6 percent. High-tar cigarettes are smoked by 50.4 percent of the more educated SmOk8rS and 64.8 percent of the less educated smokers. Overall, 29.2 percent of current smokers, 24.9 percent of males and 34.0 percent of females, us8 menthol cigarettes. Noticeably, 75.5 percent of black SmOk8rS use menthol cigarettes, compared to 23.1 percent of whites. The SOUth8aSt region has th8 highest proportion, 31.2 percent, of m8nthOl cigarette users while the West has the lowest proportion. 24.5 percent. Of Smokers who fail below th8 poverty level, 38.6 percent Smoke menthol cigarettes, a higher percentage than the 27.7 percent above the poverty level who smoke menthol cigarettes. In general, the proportion that smokes menthol cigarettes in any particular subpopulation will reflect the distribution of blacks in that population. The Smoking Patterns of Former Smokers Smoking patterns, i.e., the amount and type of tobacco us8 of former smokers, are only important if they are different from those of current smokers. If, for example, heavy SmOk8rS predominated among current smokers and light smokers predominated among former smokers, there would be con- cern that there might be a large group of "hard-core" smokers resistant to change. Therefore, th8 smoking prevalence might start to level off. Table 8 presents data for those who have quit in the last 5 years. In this group of former smokers, 38.2 percent smoked 15 or fewer cigarettes per day, 29.6 percent smoked 16 to 24 cigarettes per day, and 32.2 percent smoked 25 or more cigarettes per day. Among these former smokers, 31.2 per- cent of males and 46.6 percent of females were light Smokers, but 39.2 percent of males and 23.7 percent of females were heavy smokers. The proportion that used to be heavy smokers increased in each age group to 30.8 percent of 25 to 44 year olds and 45.1 percent of the 45 to 64 year olds, but it was lower, 27.8 percent, among those 65 years of age and Older. Among whit8 smokers, 36.1 percent used to be light smokers and 34.2 percent used to be heavy Smokers. Among black smokers, these proportions were 57.0 percent and 12.1 percent, respectively. Among former smokers, 42.1 percent of those with 16 or more years of education used to smoke 15 or fewer cigarettes as opposed to 36.0 percent of those with 11 or fewer years of education. Of the more educated former SmOk8rS, 25.5 per- cent used to be heavy SmOk8rS, and 35.2 percent of the less educated former smokers w8r8 heavy SmOk8rS. Overall, 57.6 percent of former smokers used to smoke high-tar cigarettes, 60.5 percent of males and 54.1 percent of females. For all groups, the proportion of former smokers who used to Smoke high-tar cigarettes is higher than the proportion who used to smoke cigarettes with lower tar content. Low-tar cigarettes, less than or equal to 10 mg, w8r8 used by 33.4percent of white former smokers and 15.5 percent of black former smokers. Also, 55.3 percent of white former smokers used to smoke high-tar cigarettes compared to 77.2 percent of black former smokers. Menthol cigarettes were used by 30.3 percent of former smokers, 23.6 percent of males and 38.3 percent of females. Again, menthol usage is mainly a black phenomenon with 72.4 percent of black former smokers who used to Smoke menthol cigarettes compared to 25.9 percent of whit8 former smokers. The overall conclusion is that there are not substantial dif- ferences between former SmOk8rS and current smokers in their pattern of smoking. This lack of diff8renCe suggests that 18 the patterns of smoking examined here (daily cigarette con- sumption, tar yield, mentholation) might not be associated with smokers' ability to quit. Attempts to Quit Smoking Among Current Smokers Knowledge of changes in current smoking status is not ex- clusive in predicting what is likely to happen over the next several years with respect to smoking prevalence. Also relevant is the proportion of smokers who have made quit attempts. Table 9 presents these data for different subgroups of the population. More than one-third, 35.5 percent, of current smokers have never tried to quit; 36.7 percent of male and 34.2 percent of female smokers. Another 37.3 percent of all smokers made one to two attempts, 18.9 percent made three to five attempts, and 8.3 percent attempted to quit six or more times. By age, 47.2 percent of the youngest age group, 17 to 19 year olds, have never tried to stop, 32.2 percent of the 35 to 44 year age group and 37.0 percent of the 65 years of age and older group have never tried to stop. The proportion of those who did not try to quit is similar for whites and blacks, 35.6 percent and 34.3 percent, respectively. 01 those who have not completed high school, 37.1 percent have never made an attempt to quit, while of those with a college degree or more, 32.5 percent have not tried to quit. As shown in Table 10, among current smokers in 1975, 37.6 percent had never attempted to quit: 35.4 percent of males and 40.4 percent of females. Another 37percent of all smokers made one to two attempts, 18.1 percent made three to five attempts, and 7.3 percent made six or more attempts to quit. In the 21 to 24 years of age group in 1975,37.8 percent had never attempted to quit, a contrast to 42.5 percent of the 20 to 24 years of age group in 1986. Among the older groups, however, more people made no attempt to quit in 1975,40.4 percent for the 55 to 64 years of age group and 44.9 percent for the 65 years of age and older group. In 1986, those figures had dropped to 35.8 percent and 37.0 percent, respectively. In 1975, among those who had not completed high school, 36.4 percent had never tried to stop, while among those with a college degree or more, 33.3 percent had made no attempt to quit. In the different marital status categories, the widowed had the highest proportion of those who had never tried to quit, 48.7 percent. This proportion does not vary substantially for the different income groups, from 38.1 percent among those earning less than $10,000 to 36.1 percent among those with an income of $20,000 or more. Comparing the 1975 data to the 1986 data on the number of attempts to quit, there are very few differences of any mag- nitude among any subgroups of the population. There are two possible interpretations of this lack of change. Either the process of changing smoking patterns is consistent over time or the way in which quit attempts are recalled does not truly reflect quitting behavior. Given the consistent pattern of decrease in smoking prevalence over time, the first interpretation seems likely. Quit Attempts of Former Smokers The number of former smokers who succeed on either the first or the second quit attempt is a measure of the success rate of quit attempts in the community. These data are presented for 1986 in Table 11. The majority of former smokers, 70.2 percent, have madoone to two attempts before quitting, 21.2 percent tried three to fiie times, and 8.6 percent tried six or more times. The same pattern holds true for male former smokers, 68.9 percent of whom tried one to two times, and female former smokers, 72.2 percent of whom made one to two attempts. White former smokers who made one to two attempts were 70.3 percent, and black former smokers, 68.6 percent. Table 12 shows that in 1975, the majority of former smokers, 59.0 percent, made one to two attempts before quitting, 24.8 percent tried three to five times and 16.2 percent tried six or more times. The same pattern holds for males, 56.9 percent of whom tried one to two times, and females, 62.9 percent of whom tried one to two times. The major difference between 1975 and 1986 is that a greater proportion of former smokers indicated that they were suc- cessful on their first or second attempt to quit in 1986 (70.2 percent) than in 1975 (59.0 percent). Age of Initiation of Smoking Age of initiation of smoking is another important variable predicting what will happen to smoking prevalence. Initiation of smoking by adolescents is influenced by social mores. Table 13 shows that almost half of current smokers, 46.7 percent, started when they were younger than 18 years of age. By the age of 20, 78.3 percent had initiated smoking. Among males currently smoking, 51.7percent started before 18years of age and 83.9 percent started before their 21st birthday. Among female current smokers, however, these figures are 41.0 percent and 72.0 percent, respectively, indicating that females have traditionally started smoking at older ages. Among the 25 to 44 years of age group, 20.2 percent started smoking regularly after the age of 20 years, among the 45 to 64 years of age group, 29.2 percent had done so, and among those 65 years of age and older, the proportion is44.3 percent. Thus, the age of initiation of smoking has remained an adoles- cent phenomenon and has decreased over time. Among white smokers, 49.1 percent started before 18 years of age, 79.9 percent before 21 years of age. However, among blacks, 31 .O percent had started before they reached the age of 18 years and 68.2 percent before the age of 21 years. Thus, black smokers tend to start smoking at okfer ages than white smokers. 19 People with 16 years or more of education tend to start later in life compared to those with less education; 28.1 percent had started before the age of 18 years, 69.1 percent before the age of 21 years and 30.9 percent after the age of 20 years. For those with 11 or fewer years of education, these propor- tions are 59.3 percent, 83.3 percent and 16.7 percent, respec- tively. Age of initiation among former smokers is important if it is different from that of current smokers. Age of initiation might predict the strength of addiction and the difficulty in quitting. Again, this might indicatethat current smokers may have more difficufty quitting than former smokers. Table 14 shows that among former smokers, 41.3 percent started smoking before 18 years of age and 76.1 percent before 21 years of age. Among male former smokers, 46.0 percent initiated smoking before 18 years of age and 81.2 percent had done so before 21 years of age. However, the respective figures for female former smokers are 34.6 percent and 68.8 percent. Only 18.8 percent of male former smokers started smoking regularly after the age of 20 years, white 31.2 percent of the female former smokers did so. The proportion of former smokers that started after they were 20 years of age differs within the different age groups; 16.1 percent of the 25 to 44 years of age group, 26.1 percent of the 45 to 64 years of age group and 41.2 percent of those 65 years of age and older. In summary, slightly higher proportions of current smokers began to smoke before the age of 18 years compared to former smokers. This pattern is in accord with the hypothesis that the lower the age of initiation, the greater is the difficulty of quitting. Among former white smokers, 42.0 percent started before the age of 18 years and 76.9 percent before the age of 21 years. Among black former smokers, however, 34.9 percent started smoking regularly before 18 years of age and 68.7 percent had started before 21 years of age. Among those with 11 or fewer years of education, 26.7 percent started smoking after the age of 20 years. The proportion for those who have 16 years or more of education is 24.0 percent. Further Information This summary of the 1986 Adult Use of Tobacco Survey provides only some of the basic information relating to smok- ing behavior. More detailed information on the survey, includ- ing detailed analyses of smoking behavior in subgroups defined by more than one variable, and an outline of how people in the major so&demographic categories responded to each question, will be available from the Office on Smoking and HeaRh before the end of 1988. Further, afully documented public access computer tape will also be available before the end of 1988. 20 Table 1 Cigarette Smoking Status and Quit Ratios by Soclo Demographlc Variables 1966 Total (Age 17+ years) SEX Male Female AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 17 1 a-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast Southeast west MARITAL STATUS MarrfedXohabitating Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME $10,000 or Less $lO.OOO-$19,999 $20.000-$29.999 $30,000~$39,999 $40.000+ Unknown EMPLOYMENT Administrator/Manager ProfessionaVTechnicaI SalesIClericsl Craftsman Operative Laborer/Service Never in Labor Force Occuwtion Not Reported POVERTY LEVEL"' ' Above Below Unknown Smoking status (%) Current Former 26.5 24.6 29.5 30.4 23.8 19.3 18.9 5.4 25.0 10.2 31.4 19.8 32.8 26.0 29.3 31.6 26.0 36.0 13.9 33.2 15.9 3.6 24.1 9.4 32.0 22.5 27.7 33.8 13.9 33.2 26.4 25.7 28.4 i 8.0 24.5 19.1 Quit Est. ooo. Sample Never ratio" (mil.) 48.9 0.481 176.5 40.0 0.508 83.9 56.9 0.448 92.6 75.7 0.223 ' 10.7 size 13,031 6,377 6,654 64.7 0.290 48.8 0.387 41.2 0.442 39.1 0.519 38.0 0.560 52.8 0.704 80.5 0.186 66.6 0.280 45.4 0.413 38.5 0.550 52.8 0.704 48.0 0.493 53.6 0.388 56.4 0.439 20.0 41.2 32.2 22.6 22.3 27.4 560 1,086 3,010 2,792 i ,825 1,791 1.967 4.4 193 26.4 1,453 73.4 5,802 44.9 3,616 27.4 1,967 151.4 11,563 19.4 1,096 5.7 372 26.6 25.5 28.2 24.5 22.6 26.8 23.9 26.2 50.8 0.459 43.7 3,236 47.7 0.513 37.1 2,968 47.9 0.459 61.9 4.301 49.3 0.517 33.8 2,526 26.9 28.5 44.6 0.515 113.8 8,364 18.0 25.8 56.3 0.589 12.4 1.011 38.2 23.9 37.9 0.384 14.9 1.446 23.4 ii.8 64.8 0.335 35.1 2,179 33.5 37.1 29.4 0.526 0.4 31 31.4 24.8 28.9 24.0 24.4 22.2 16.3 28.4 46.3 2,431 66.9 4,872 32.8 3.118 30.5 2,610 28.9 20.5 28.7 23.0 31.4 22.8 28.0 24.9 21.8 31.2 21.4 23.1 43.8 0.441 47.2 0.454 53.4 0.476 55.2 0.635 50.6 0.415 48.3 0.445 45.8 0.420 47.1 0.470 47.0 0.588 55.5 0.519 17.9 1,220 31.4 2,204 37.7 2.853 22.5 1,735 36.0 2,947 31.1 2,072 22.6 33.0 44.4 0.593 16.0 t ,438 17.1 26.3 56.6 0.605 27.5 2,240 25.7 23.4 50.9 0.476 43.3 3,290 34.8 32.6 32.6 0.483 22.7 1,725 32.6 24.0 43.3 0.424 18.8 1,286 30.2 20.8 49.0 0.408 28.7 i ,873 20.9 9.2 69.9 0.307 11.9 597 28.4 24.4 47.2 0.463 7.5 582 27.3 25.7 47.0 0.485 128.4 9,913 30.0 19.3 50.7 0.391 17.0 1,046 21.4 23.1 55.5 0.519 31.1 2,072 o Smoking status totals to 100%. o * The Quit ratio is the number of former smokers divided by the number of people who have ever smoked. *** Poverty Level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 21 Table 2 Tobacco Use: Status and Quit Ratlos by Soclo Demographic Variables 1986 Total (Age 17+ years) 30.8 27.7 41.5 0.473 176.5 13,031 Sf3 Male Female 37.9 35.1 27.0 0.401 63.9 6,377 24.4 20.9 54.7 0.461 92.6 6,654 AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 55-64 65+ AG;7Wd CPQW 18-24 25-44 45-64 65+ RACE White Wade Other REGION Mdwest Northeast Southeast west MARITAL STATUS Marrtsd/Cohabitatfng Widowed Divorced/Separated Never Married Unknown EDUCATION 11 cr Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME $10,000 or Less $10,000-$19,999 $20,000-$29,999 $30.000939999 S40.000+ Unknown EMPLOYMENT Administrstor/Manager ProfsssionaKTechnicaf sales/clerical -. Craftsman Operative Laborer/Setvice Never in Labor Force Occupation Not Reported POVERTY LEVEL"' Above Below Unknown Tobacco use status 1%) Quit Est. pop. Sample Current Former Never ratio" (mil.) size 22.2 12.1 65.7 0.353 28.1 16.8 55.2 0.374 34.8 24.0 41.2 0.408 36.4 29.1 34.5 0.445 35.1 32.1 32.8 0.477 31.8 36.9 31.3 0.537 19.5 34.4 46.2 0.639 10.7 20.0 41.2 32.2 22.6 22.3 27.4 560 1,086 3,010 2,792 1,825 1,791 1,967 19.1 10.8 70.2 0.360 4.4 193 27.2 15.9 57.0 0.369 26.4 1,453 35.5 26.2 38.3 0.425 73.4 5,802 33.5 34.5 32.0 0.507 44.9 3,616 19.5 34.4 46.2 0.639 27.4 1,967 30.8 28.6 40.5 0.482 151.4 11.563 32.3 21.5 46.2 0.399 19.4 1,096 26.2 22.8 50.9 0.465 5.7 372 30.6 26.3 43.1 29.6 28.7 41.7 33.2 26.9 39.9 28.2 29.7 42.1 0.462 0.492 0.448 0.513 43.7 3,236 37.1 2,968 61.9 4,301 33.8 2,526 31.5 30.9 37.6 22.1 26.1 51.8 41.6 26.9 .`31.5 27.2 17.9 54.9 38.0 32.6 29.4 0.496 0.541 0.393 113.8 12.4 14.9 0.397 0.461 35.1 0.4 8,364 1,011 1,446 2,179 31 37.1 26.1 36.7 0.413 46.3 2,431 32.3 26.2 41.5 0.448 66.9 4,872 27.8 26.9 45.3 0.492 32.8 3.118 21.3 33.9 44.8 0.614 30.5 2,610 33.3 23.6 43.2 0.415 32.9 24.8 42.2 0.430 35.4 25.9 38.7 0.423 32.0 27.9 40.1 0.466 26.8 35.9 37.2 0.572 25.6 25.2 49.2 0.497 17.9 31.4 37.7 22.5 36.0 31.1 1,220 2,204 2.853 1,735 2,947 2,072 28.0 37.6 20.7 30.7 27.4 25.4 42.9 33.9 39.4 26.8 34.3 23.2 23.3 16.5 34.2 26.2 34.4 48.6 47.1 23.2 iit 6012 39.5 0.574 0.597 0.481 0.441 0.404 0.404 0.415 0.434 16.0 27.5 43.3 22.7 18.8 28.7 11.9 7.5 1.438 2,240 3,290 1,725 1,286 i ,873 597 582 31.6 28.9 39.6 0.477 34.0 23.1 42.2 0.399 25.6 25.2 49.2 0.497 128.4 17.0 31.1 9,913 1,046 2.072 o Tobacco use stahrs totsls to 100%. .* The &it ratio is the number of former smokers divided by the number of people who have ever smoked. . . . Poverty Level Is bssed on the definition provided by the U.S. Bureau of the Census. See text for exact procedurss. 22 Table 3 Tobacco Use: Cigar/Pipe and Smokeless Tobacco Use Status by Socio DemoaraDhic Variables Total (Age 17+ years) SEX Male Female AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 17 18-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast Southeast Kest MARITAL STATUS MarriedCohabitating Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12Years 13-15 Years 16+ Years HOUSEHOLD INCOME Less than $10,000 $10,000-$19,999 $20,000-$29,999 $30,000-$39.999 $40.000+ Unknown EMPLOYMENT Administrator/Manager Professional/Technical Sales/Clerical Craftsman Operative Laborer/Service Never in Labor Force Occupation Not Reported POVERTY LEVEL' Above Below Unknown Cigar/pipe smoking Smokeless tobacco use status (%) status (%) Current Former Never Total Current Former Never Total 4.3 22.2 73.5 8.7 41.8 49.6 0.3 4.5 95.2 1.5 13.6 85.0 2.0 16.6 81.4 4.0 19.1 76.9 5.0 26.2 68.8 6.7 25.2 68.1 5.1 27.9 67.0 3.9 22.6 73.5 0.8 13.0 86.2 2.0 16.0 82.0 4.4 22.2 73.3 5.9 26.5 67.6 3.9 22.6 73.5 4.4 23.4 72.2 3.7 13.9 82.4 3.5 19.4 77.1 4.8 22.6 72.6 4.6 19.6 75.7 3.8 23.2 73.0 4.1 22.7 73.2 4.8 25.3 69.9 1.8 8.9 89.2 5.6 20.1 74.3 2.8 17.7 79.4 2.4 27.5 60.1 4.9 22.8 72.3 3.6 20.0 76.5 3.9 22.5 73.6 5.3 26.0 68.7 3.1 4.0 :.z 515 3.3 16.8 80.1 21.2 74.9 23.1 72.6 24.2 70.8 28.1 66.4 17.1 79.6 6.0 30.0 63.9 3.5 21.3 75.2 2.2 13.9 83.8 8.2 41.0 50.7 6.5 27.8 65.7 3.5 17.7 78.7 1.6 10.1 88.3 4.4 22.2 73.4 4.7 23.9 71.4 3.0 18.6 78.3 3.3 17.1 79.6 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 2.7 3.9 93.4 5.2 7.4 87.4 0.5 0.8 98.7 4.1 f :: Z 3.1 3.0 6.1 89.8 5.0 92.1 3.3 94.3 2.9 94.9 3.9 93.6 4.1 92.8 4.2 92.8 4.0 4.0 92.0 3.2 5.6 91.1 2.3 3.1 94.5 2.8 4.0 93.2 3.0 4.2 92.8 2.8 3.9 93.3 2.3 3.9 93.7 1.8 3.7 94.5 2.1 3.5 94.4 1.4 2.0 96.5 4.2 5.0 90.8 2.3 4.4 93.2 2.7 3.2 El 1.4 4.0 93.3 2.4 94.4 4.3 93.5 4.0 93.2 1.4 87.2 4.5 2.4 1.9 1.6 S*f 3:7 1.7 89.7 93.8 94.5 96.7 4.1 3.0 z 2:1 2.7 5.4 4.7 4.1 4.0 3.0 3.0 90.5 92.3 93.3 93.4 94.9 94.3 1.6 1.1 0.7 6.4 4.6 3.4 2.5 4.8 2.2 1.8 2.0 9.3 5.6 d:i 4.1 96.2 97.1 97.3 84.2 89.8 92.3 93.5 91.1 2.5 3.8 93.7 4.3 6.2 89.5 2.7 3.0 94.3 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Est. pop. Sample (mil.). size 176.5 13,031 83.9 6,377 92.6 6,654 10.7 560 20.0 1.086 41.2 3,010 32.2 2,792 22.6 1,825 22.3 1,791 27.4 1,967 4.4 193 26.4 1,453 73.4 5.802 44.9 3,616 27.4 1,967 151.4 11,563 19.4 1,096 5.7 372 43.7 3,236 37.1 2,968 61.9 4.301 33.8 2,526 113.8 8,364 12.4 1,011 14.9 1,446 35.1 2,179 0.4 31 46.3 2,431 66.9 4,872 32.8 3,118 30.5 2,610 17.9 1,220 31.4 2,204 37.7 2,853 22.5 1,735 36.0 2,947 31.1 2,072 16.0 1,438 27.5 2,240 43.3 3.290 22.7 1,725 18.8 1,286 28.7 1,873 11.9 597 7.5 582 128.4 9,913 17.0 1,046 31.1 2,072 o Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 23 Table 4 Tobacco Use: Status of Different Comblnations by Soclo Demographlc Variables i 986 Current Cigarettes Former Cigarettes Never Cigarettes No other Plus other Total (Age 17+ years) 24.3 2.3 22.6 0.9 1.0 46.5 1.1 1.3 SEX Male Female 24.9 4.6 26.4 1.9 2.2 35.8 1.8 2.5 23.7 0.1 19.3 0.1 0.0 56.3 0.4 0.2 AGE (1st grouping) 17-19 20-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 17 18-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast Southeast West MARITAL STATUS MarriedJCohabitating Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME Less than $10,000 $10.000-$19,999 $20.000-$29,999 !$x&~~-$39.999 Unknown+ EMPLOYMENT Administrator/Manager ProfossionaUTechnil SalosJCforfcal Craftsman Operative Laborer/Service Never In Labor Force Occuoatfon Not Reported POVERTY LEVEL' ' Above Below Unknown No other Only Only No other Only Only tObaCC0 smokeless cigars/pipe tobacco smokeless cigars/pipe 17.2 23.4 28.8 29.6 26.6 23.8 12.8 1.7 1.6 b-X 2:7 2.2 1.1 5.3 0.2 9.8 0.3 18.5 0.7 23.9 1.0 28.0 1.6 33.2 1.3 30.6 1.3 0.; 0.7 1.2 2.1 1.4 1.3 72.5 2.5 0.7 62.2 1.7 0.8 46.7 1.0 1.0 39.8 0.2 1.2 36.9 0.3 1.9 35.0 1.4 1.6 49.9 1.4 1.5 14.9 22.3 Ef 12:8 0.9 1.7 2.8 2.5 1.1 3.6 2::: 30.6 30.6 0.3' 0.; 0.8 0.9 1.4 1.8 1.3 1.3 77.3 3.2 63.9 1.8 43.7 0.7 35.9 0.9 49.9 1.4 0.9 1.1 1.8 1.5 24.1 2.3 23.5 1.0 1.1 45.6 26.4 1.9 16.9 0.7 0.5 50.8 21.6 2.9 18.5 0.3 0.3 55.3 1.1 1.5 1.3 1.4 1.1 24.2 23.8 25.6 22.3 2.4 :.; 2:2 20.7 0.6 24.8 0.4 21.5 1.6 24.9 0.6 1.2 ATi 0:7 48.6 0.8 1.3 45.6 0.7 1.5 45.4 1.4 1.1 47.0 1.2 1.2 24.4 2.5 26.1 17.2 0.8 24.2 34.6 3.6 22.2 21.9 1.5 11 .o 25.7 7.8 32.6 1.2 0.4 0.4 0.4 1.2 42.5 1.1 53.6 1.3 36.2 0.4 61.8 4.6 29.4 0.8 2.7 0.6 1.6 1.4 i.i 1.4 28.3 3.1 22.2 1.6 1.0 40.6 1.9 1.3 26.7 2.2 22.2 0.9 0.8 45.4 0.8 0.9 22.4 2.0 20.8 0.5 0.9 51.4 0.8 1.2 14.8 1.5 26.1 0.5 1.8 52.6 0.7 1.9 26.3 2.5 19.0 26.4 2.3 20.6 29.0 2.4 21.0 25.1 3.0 22.5 19.8 2.1 29.2 19.8 1.6 21.3 1 .o 1.6 1 .o 1 .o i:X 0.5 47.7 0.9 46.5 0.8 43.6 1.4 45.5 1.4 44.0 1.1 53.1 2.3 Ki 0:5 0.8 1.5 0.6 1 .o 1.3 ::: 1 .o 20.7 16.3 24.7 29.3 28.9 27.8 19.7 25.5 1.9 0.8 1.0 5.6 9:: ::i 30.9 24.6 22.4 28.3 21.6 18.7 2::; E 0:3 2.8 1.6 2: 0:s 1.5 41.2 1.3 54.7 0.7 50.2 1.5 28.8 0.8 39.0 1.1 47.0 0.3 68.0 1.5 43.5 ii 0:2 1.9 1.8 1.5 ::4" 2.4 1.5 0.5 1.9 E 0.3 1.4 24.9 2.4 23.6 1 .o 1.1 44.8 0.8 1.4 27.7 2.3 17.7 1.2 0.4 47.6 2.5 0.6 19.8 1.6 21.3 0.6 1.1 53.1 1.5 1 .o Tobacco use status (96) o Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 24 Table 5 Cigarette Smoking Status and Quit Ratlos by Socio Demographic Variables 1975 Smoking status (%) Total (Age 21+ years) 35.8 24.0 40.3 100 0.401 10,682 SEX Mate Female AGE (1 st grouping) 21-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 21-24 25-44 4564 65+ MARITAL STATUS Married Widowed Divorced/Separated Never Married Unknown EDUCATION Some high school High school graduate Some college College graduate Unknown HOUSEHOLD INCOME Less than $10.000 $10,000-$19.999 $20.000+ Unknown EMPLOYMENT ProfessionaVTechnicaI Administrator/Manager Sales/Clerical Craftsman Operatives Laborer/Service Not in Later Force Occupation Not Reported 40.5 32.1 27.5 31.4 16.4 52.2 100 0.442 100 0.343 100 0.281 100 0.345 100 0.349 100 0.418 100 0.483 100 0.579 100 0.281 100 0.347 100 0.446 100 0.579 4,949 5,733 38.2 14.9 46.9 41.5 21.8 36.7 43.6 23.4 33.0 38.5 27.6 33.9 31.8 29.8 38.4 17.4 24.0 58.6 1,144 2,757 2,050 1,891 1,434 1,406 38.2 14.9 46.9 42.4 22.5 35.1 35.5 28.6 35.9 17.4 24.0 58.6 1,144 4,807 3,325 1,406 35.4 26.3 38.3 100 0.426 7,387 24.0 15.8 60.2 100 0.397 1,075 54.8 17.7 27.5 100 0.244 1,029 36.5 16.9 46.7 100 0.316 1,170 27.4 31.0 41.7 100 0.530 21 35.2 22.1 42.7 100 0.386 2,828 40.2 22.1 37.6 100 0.355 3,742 36.3 25.3 38.3 100 0.411 2,173 27.6 29.0 43.4 100 0.512 1,863 25.1 24.3 50.6 100 0.492 76 34.8 19.3 45.9 38.2 26.4 35.3 36.9 30.7 32.4 29.6 19.5 50.9 28.3 20.6 51.2 32.6 19.2 48.2 32.7 20.6 46.7 34.9 14.3 50.8 36.0 14.9 49.1 36.4 15.6 48.0 28.9 15.5 55.6 37.8 27.9 34.3 100 0.356 100 0.409 100 0.454 100 0.398 100 0.421 100 0.370 100 0.386 100 0.291 100 0.293 100 0.300 100 0.350 100 0.425 3,685 3,919 1,778 1,300 652 696 336 699 380 257 461 7,201 Current Former Never Total Quit ratio Sample size 25 Table 6 Tobacco Use: Status and Quit Ratios by Socio DemoaraDhlc Variables 19% Tobacco use status (%.) Total (Age 21+ years) 42.9 22.9 34.2 SEX Male Female A={`;; ww+d 25-34 35-44 45-54 : 5564 85+ AG:j2;: grouping) 53.7 29.2 17.1 100 0.352 4,949 32.8 17.1 50.1 100 0.343 5,733 42.1 16.9 41.1 100 0.286 1,144 46.9 21.4 31.7 100 0.313 2,757 49.1 22.3 26.6 100 0.312 2,050 46.9 25.0 26.1 100 0.348 1,891 40.2 26.9 33.0 100 0.401 1,434 28.3 23.8 47.8 100 0.457 1,406 42.1 16.9 41.1 100 0.266 1,144 47.9 21.8 30.4 100 0.313 4.607 43.9 25.8 30.3 100 0.370 3,325 28.3 23.8 47.8 100 0.457 1,406 2544 45-64 65+ MARITAL STATUS Married Widowed Divorced/Separated Never Married Unknown EDUCATION Some high school High school graduate Some college College graduate Unknown HOUSEHOLD INCOME Less than $10,000 $10,000-$19.999 $20,000+ Unknown EMPLOYMENT Professional/Technical Administrator/Manager Sales/Clerical Craftsman Operatives Laborer/service Not in Labor Force Occupation Not Reported Current Former Never Quit Total ratio 100 0.346 10.682 42.9 24.6 32.5 100 0.364 7,387 31.0 16.1 52.9 100 0.341 1,075 59.3 17.7 23.0 100 0.230 1,029 42.0 19.1 39.0 100 0.312 1.170 27.4 31.0 41.7 100 0.530 21 43.8 46.0 41.9 36.6 37.7 ii:: 25.9 27.8 20.4 35.3 100 0.323 2,828 33.5 100 0.308 3,742 32.2 100 0.382 2,173 35.6 100 0.432 1,863 42.0 100 0.351 76 41.8 18.9 39.5 100 0.312 3,685 45.3 25.0 29.6 100 0.355 3,919 45.8 27.9 26.3 100 0.379 1,778 35.1 20.3 44.6 100 0.366 1,300 30.0 22.0 48.0 100 0.423 652 34.0 19.8 46.1 100 0.368 696 33.5 20.7 45.8 100 0.382 336 35.7 15.2 49.1 100 0.299 699 38.9 17.1 44.0 100 0.306 380 37.0 16.4 46.6 100 0.307 257 30.8 16.3 52.9 100 0.347 461 40.2 25.7 26.1 100 0.347 7,201 Sample size 26 Table 7 ClQarette Exposure Levels: Amount Smoked. Tar Levels and Percent Menthol Among Current Smokers by Scclo Demoarephlc Variables i986 - . Cigarettes per day Tar level, mg/cig 150r Total (1765+) 35.0 34.9 30.1 SEX Male Female 29.8 34.0 36.2 40.7 35.9 23.4 AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 5564 65+ AGIEf$d grouping) 1624 2544 45-64 65+ RACE White Black Other REGION Midwest Northeast southeast west MARITAL STATUS Marrie&Cohabitatino Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 18+ Years HOUSEHOLD INCOME Less than $10,000 $lO,OoO-$19.999 $20,000-$29,999 $30.000-$39.999 w*ooo+ Unknown EMPLOYMENT Administrator/Manager Professionamechnical SabdClerid Craftsman Operative Laborer/Service Never in Labor Force Occupation Not Reported POVERTY LEVEL' Above Below Unknown 53.8 34.1 12.1 41.0 40.0 19.0 39.2 32.8 28.0 28.8 35.3 35.9 26.9 34.6 38.5 29.8 33.8 36.4 42.1 36.7 21.3 51.7 42.8 5.5 43.8 37.9 18.3 34.5 33.9 31.5 28.3 34.2 37.5 42.1 36.7 21.3 31.2 35.7 33.1 61.3 27.3 11.4 40.5 40.6 16.8 31.7 35.0 33.3 34.9 35.3 29.8 35.3 35.9 28.8 39.1 32.0 28.8 32.7 34.6 32.7 40.3 37.0 22.7 30.2 37.2 32.6 45.3 33.8 20.9 53.6 22.4 23.8 33.5 36.5 30.0 34.4 33.7 31.9 36.4 36.1 27.4 39.1 32.8 28.1 40.5 33.8 25.7 34.0 34.2 31.0 34.0 36.5 29.6 35.3 34.4 30.3 29.3 34.1 36.6 39.3 35.2 25.5 32.3 36.3 31.4 34.6 34.7 30.7 38.2 34.4 27.3 27.8 33.6 38.6 32.3 34.0 33.7 37.0 34.6 28.4 43.6 36.7 19.6 40.1 41.4 18.5 33.3 35.2 31.6 41.4 32.4 26.2 39.3 35.2 25.5 16-24 25 or more Total <=lO SlO-15 >I5 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 29.6 11.6 58.6 100 29.2 26.8 32.7 31.7 30.4 32.2 30.6 26.3 26.2 26.3 8.0 65.2 100 24.9 15.6 51.7 100 34.0 2.7 65.6 100 29.3 4.9 64.8 100 24.1 5.6 62.1 100 36.9 12.7 56.7 100 31.3 19.2 54.5 100 23.0 16.2 57.5 100 24.4 22.6 51.1 100 21.1 38.9 29.9 31.5 26.3 26.3 31.8 14.5 26.2 25.3 36.8 28.0 31.0 29.6 30.3 26.9 31.6 19.5 4.0 57.1 4.3 65.8 8.8 59.7 17.8 55.9 22.6 51.1 12.3 55.9 7.6 78.0 5.3 68.5 10.4 64.3 12.6 50.6 12.7 59.3 9.6 59.4 12.4 58.0 19.1 50.7 13.8 59.3 5.0 63.4 80.5 23.5 29.4 36.8 36.4 22.1 27.5 31.5 30.7 34.6 27.9 31.2 41.6 32.7 24.0 24.3 28.9 25.1 27.9 31.1 21.9 27.9 11.6 64.8 11.9 58.7 9.7 53.5 13.2 50.4 11.0 66.9 12.9 59.5 11.4 57.1 9.7 59.6 11.9 53.4 11.9 60.2 15.1 53.7 13.0 45.3 14.4 52.9 10.3 65.7 9.0 66.7 9.3 61.8 10.7 64.3 10.1 62.0 11.7 57.2 10.1 68.0 11.9 60.2 % who Total tn~n%~ol 100 29.0 100 25.2 100 34.4 100 23.7 100 21.1 100 23.1 100 75.5 100 24.9 100 30.5 100 27.9 100 31.2 100 24.5 100 27.3 100 28.9 100 32.3 100 34.1 100 34.7 100 27.6 100 29.7 100 32.0 100 27.1 100 36.8 100 26.7 100 28.3 100 29.6 100 27.7 100 29.6 100 26.4 100 29.7 100 33.0 100 23.5 100 26.0 100 30.0 100 35.7 100 32.9 100 27.7 100 38.6 100 29.6 o Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 27 Total (Age 17+ years) 38.2 29.6 32.2 SEX Male Female AG:$I;;grouping) 20-24 25-34 35-44 45-54 55-64 65+ AGE(2nd grouping) 17 18-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast Southeast West MARITALSTATUS MarriedICohabitating Widowed Divorce&Separated Never Married Unknown EDUCATION 1lorFewer Years 12Years 13-15 Years 16+ Years HOUSEHOLDINCOME L8SS than $10,000 $lO,OOO-$19,999 $20.000-$29,999 $30,000-$39.999 $40,000+ Unknown EMPLOYMENT Administrator/Manager Professional/l8chnicaI Sales/Clerical Craftsman Operative Laborer/Service Never in Labor Force OccupationNot Reported POVERTYLEVEL" Above Below UnkrKiWn 31.2 29.6 39.2 46.6 29.7 23.7 80.6 58.3 40.5 34.9 27.0 24.8 36.3 2g.42 32:0 29.8 27.0 31.0 35.9 12.0 16.5 27.5 35.4 46.0 44.2 27.8 96.6 3.4 61.5 22.0 38.2 31.1 25.8 29.1 36.3 35.9 16.i 30.8 45.1 27.8 36.1 29.7 34.2 57.0 30.9 12.1 41.5 23.4 35.1 37.4 32.6 30.0 34.3 31.3 34.4 37.4 29.0 33.6 45.0 25.4 29.6 33.8 47.0 37.4 54.4 30.6 28.1 30.7 24.8 63.5 35.6 XE '. 20:7 36.5 36.0 28.8 35.2 36.5 29.8 33.7 40.8 27.7 31.5 42.1 32.4 25.5 45.6 29.6 24.9 33.7 33.3 33.0 39.9 28.2 32.0 34.6 30.7 34.7 39.6 28.1 32.2 37.3 29.5 33.2 30.5 33.1 36.4 43.4 27.5 29.1 46.9 29.6 23.4 25.8 27.3 46.9 28.6 38.5 32.9 39.8 28.2 32.0 50.3 20.1 29.7 36.7 27.4 35.9 37.7 29.9 32.4 45.2 27.0 27.7 37.3 29.5 33.2 Table 6 Cigarette Exposure Levels: Amount Smoked, Tar Levels and Percent Menthol Among Former Smokers* by Soclo Demographic Variables 1986 Cigarettesperday Tar level, mglcig %who 15 or less 16-24 25 ormore Total <=lO >lO-15 >15 Total min%ol 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1: 100 100 100 100 31.5 10.9 57.6 100 30.3 29.4 10.1 60.5 100 23.6 34.0 11.9 54.1 100 38.3 25.3 4.5 70.2 100 34.4 42.1 1.9 56.0 100 31.6 38.2 4.5 57.3 100 34.0 25.0 10.8 64.2 100 35.6 32.9 16.3 50.8 100 26.5 23.7 19.3 57.0 100 21.7 26.4 21.1 52.5 100 23.9 7.3 40.1 32.8 28.0 26.4 2.1; 92.7 57.1 7.1 60.1 17.9 54.1 21.1 52.5 100 35.8 100 32.0 100 34.7 100 23.9 100 23.9 33.4 11.3 55.3 100 25.9 15.5 7.4 77.2 100 72.4 25.2 11.6 63.2 100 28.0 26.6 11.3 62.1 42.1 11.5 46.4 28.5 10.3 61.2 30.3 10.8 58.9 31.4 11.8 56.8 25.6 19.7 54.7 21.6 10.6 67.8 39.0 4.8 56.3 12.7 . 87.3 100 39.5 100 25.5 100 27.2 100 30.2 100 29.7 100 28.8 100 39.5 100 28.6 100 23.8 20.8 33.4 33.5 39.2 20.8 33.0 31.7 34.2 36.9 23.7 12.4 66.8 10.8 55.8 11.4 55.1 8.7 52.1 12.4 88.9 10.4 56.5 6.1 62.2 10.2 55.6 12.9 50.2 14.8 61.5 100 31.3 100 29.5 100 29.7 100 31.2 100 39.5 100 27.2 100 33.9 100 34.6 100 25.8 100 27.7 37.3 11.3 51.4 100 28.2 36.4 9.6 54.0 100 33.6 36.4 10.7 52.9 100 33.3 25.4 14.3 60.3 100 16.9 24.4 9.6 68.0 100 32.3 26.3 12.0 61.8 100 33.4 22.0 9.3 68.7 100 32.9 30.7 5.8 63.5 100 32.0 34.2 10.0 55.8 100 30.0 19.7 12.3 67.9 100 39.0 23.7 14.8 61.5 100 27.7 o Formersmokerswhohadquitwithinthelastfive years. "Povertyk?velisbasedon thedefinitionprovidedbythe U.S.Bureau ofthe Census. See text forexactprocedures. 28 Table 9 Qulttlng: Total Number of Attempts of Current Smokers by Soclo Demographlc Variables 1966 Attempts to quit smoking (% of current smokers) Total (Age 17+ years) SEX Male Female AGE (1 st grouping) 17-19 20-24 25-34 3544 45-54 5564 65+ AGE (2nd grouping) 17 18-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast southeast West MARITAL STATUS MarriedZohabitating Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME Less than $10,000 $lO.oOo-$19,999 $20,000-$29,999 $3o,ooo-$39,999 $40,000+ Unknown EMPLOYMENT Administrator/Manager Professional/Technical Sales/Clerical Craftsman Operative Laborer/Service Never in Labor Force Occupation Not Reported POVERTY LEVEL Above 34.5 38.2 18.9 8.4 Below 35.0 36.4 19.8 8.9 Unknown 41.2 33.4 18.2 7.2 0 l-2 3-5 6+ Total (mil.) 35.5 37.3 18.9 8.3 36.7 36.9 17.1 9.4 34.2 37.8 20.9 7.0 47.2 31.1 18.6 3.1 42.5 42.3 11.6 3.5 33.8 40.2 19.2 6.8 32.2 39.6 20.0 8.2 34.1 35.3 21.5 9.2 35.8 32.5 20.0 11.7 37.0 28.9 18.8 15.4 60.8 20.6 17.2 1.4 42.0 41.2 13.2 3.6 33.1 39.9 19.5 7.5 34.9 34.0 20.8 10.4 37.0 28.9 18.8 15.4 35.6 37.9 18.8 7.7 34.3 32.9 19.9 12.8 37.7 39.0 17.3 5.9 35.3 38.8 17.2 8.7 32.1 37.2 20.9 9.8 37.2 36.7 18.3 7.8 36.1 36.8 20.3 6.7 33.6 38.8 19.4 8.2 34.7 29.3 22.7 13.3 35.3 38.1 17.2 9.5 43.4 33.2 17.4 6.1 12.3 55.6 18.3 13.8 37.1 33.5 20.2 9.2 35.2 38.6 18.8 7.4 35.1 39.3 17.7 7.9 32.5 40.8 17.4 9.4 33.6 36.6 20.0 9.8 35.3 37.4 19.7 7.6 37.1 37.7 16.2 9.0 29.5 39.1 24.9 6.5 34.4 39.2 17.2 9.2 41.2 33.4 18.2 7.2 29.7 42.7 18.7 8.9 36.0 38.4 16.4 9.3 35.7 37.0 20.9 6.4 35.6 35.4 19.1 9.9 33.1 38.3 19.5 9.2 37.0 37.0 17.0 8.9 42.3 36.1 17.1 4.5 35.6 34.7 21.8 7.8 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Est. ooo Sample size 46.7 4,686 24.7 2,341 22.0 2,345 2.0 168 5.0 419 12.9 1,276 10.6 1,154 6.6 687 5.8 575 3.8 407 0.7 2% 12:4 3.8 49 538 2,430 1,262 407 39.8 4,112 5.5 438 1.4 136 11.6 1X 8:2 1,197 1,056 1,582 851 30.5 ::f ::: 2,853 294 730 794 15 14.5 946 19.3 1,955 8.0 1,140 5.0 645 5.2 490 9.0 889 11.8 1,170 6.3 642 7.9 874 6.6 621 3.6 459 4.7 579 11.1 1,197 7.9 726 6.1 533 8.6 791 2.5 186 2.1 215 35.0 3,627 5.1 438 6.6 621 o Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 29 Table 10 Oulttlng: Total Number of Attempts of Current Smokers by Soclo Demographic Variables 1975 Attempts to quit smoking (% of current smokers) Total (Age 21+ years) SEX Male Female 25-44 45-64 MA;;AL STATUS Married wkk3Jved Di~rced/Separated Never Married Unknown EDUCATION Some high schod High schod graduate Some college College graduate Unknown HOUSEHOLD INCOME Less than $10,000 $1 o,OOO-$19.999 $2o.ooo+ Unknown EMPLOYMENT ProfessionaVTechnicacal Administrator/Manager !%kWCl6flCd Craftsman Operatives Laborer/Service Not in Labor Force Occupation Not Reported 0 1-2 3-5 6+ Total size 37.6 37.0 18.1 7.3 4,262 35.4 39.2 17.8 7.7 40.4 34.3 18.4 6.9 2.139 2,123 37.8 41.0 16.4 35.3 39.7 18.7 34.6 39.5 17.6 39.5 33.7 18.3 40.4 30.8 19.9 44.9 33.5 15.6 4.8 6.4 t: 8:9 5.8 497 1,249 976 786 504 248 37.8 41.0 16.4 35.0 39.6 18.2 39.9 32.6 18.9 44.9 33.5 15.8 4.8 7.2 ::: 497 2,225 1,292 248 36.0 37.6 48.7 32.0 39.3 36.8 42.3 35.5 40.6 43.4 18.5 14.1 17.8 17.1 S:X 6.1 5.1 16.0 2,951 272 572 463 4 36.4 35.9 19.4 40.4 36.1 17.2 36.9 38.8 15.9 33.3 39.1 21.3 32.5 35.7 10.3 t :: it: 21.5 1,130 1,680 879 558 15 ::; 36.1 45.5 35.8 17.9 39.1 18.4 37.8 18.9 31.2 16.0 8.3 Y-Z 7:3 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 :: :: 100 1,452 1,661 723 426 34.8 44.2 39.5 37.1 45.1 36.7 37.9 34.6 41.0 32.0 39.2 32.1 39.2 35.8 36.9 37.3 15.2 18.7 12.6 20.0 20.9 21.7 15.2 5.8 4.7 5.6 5:; 18.2 7.6 210 274 130 303 168 108 165 2,904 30 Table 11 Qulttlng: Total Number of Attempts of Former Smokers by Soclo Demographic Variables 1986 Attempts to quit smoking (96 of former smokers) Total (Age 17+ years) SEX Male Female AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 5564 65+ AGE (2nd grouping) 17 18-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast West MARITAL STATUS MarrfedICohabitating Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME Less fhan $10,000 $1 o,ooO-$19,999 $20,000-$29,999 $30,000-$39,999 $40,000+ Unknown EMPLOYMENT Administrator/Manager Professional~echnical Safes/Clerical Craftsman Operative Laborer/Service Never in Labor Force Occupation Not Reported POVERTY LEVEL* Above Below 0 l-2 3-5 6+ Total (mfl.)' size 70.2 21.2 8.6 100 43.5 4,614 68.9 21.6 9.5 100 25.6 2.606 72.2 20.5 7.2 100 17.9 2.008 88.0 73.4 73.4 68.8 62.8 ::: 2::: 20.3 22.4 25.4 20.8 18.4 2.6 100 0.6 42 5.0 100 2.0 180 6.3 100 8.2 867 8.8 100 8.4 983 11.8 100 7.1 731 10.8 100 8.0 831 7.3 100 9.1 980 100.0 75.1 71 .l 65.8 74.3 2o.i 4.8 21.3 7.6 23.0 11.2 18.4 7.3 100 0.2 11 100 2.5 211 100 16.8 1,850 100 15.2 1,562 100 9.1 980 70.3 21.1 8.6 100 38.9 4,228 68.6 22.8 8.7 100 3.5 282 72.4 19.5 8.1 100 1.1 104 71.1 21.5 7.5 100 9.9 1,090 68.5 23.2 8.3 100 9.9 1.110 70.6 19.6 9.8 100 14.8 1,478 70.7 21.2 8.2 100 8.9 936 70.0 21.1 8.9 72.8 19.7 7.5 68.3 22.4 9.3 71.5 22.4 6.1 69.9 7.3 22.7 73.0 71.2 68.1 66.8 19.2 Ed 23.2 7.9 t: 1o:r 100 32.4 100 3.2 100 3.6 41 i: 0:1 100 11.5 100 16.0 100 7.3 100 8.7 3,265 424 475 438 12 857 1,574 1,058 1,125 70.7 22.2 71.0 22.0 72.1 18.4 67.3 24.4 68.9 22.6 71.5 18.3 7.1 7.0 ii.2 8:5 10.3 100 3.7 374 100 7.2 712 100 8.6 922 100 5.6 608 100 11.2 1,264 100 7.2 734 64.0 25.8 67.0 23.2 73.2 19.7 70.4 21.1 67.6 21.4 74.7 19.2 76.3 17.2 72.2 16.7 70.0 21.7 69.6 22.1 71.5 18.3 10.1 9.9 7.1 1::: it 11:1 t.: 10:3 100 5.3 635 100 7.2 906 100 10.1 1,094 100 690 100 ::: 437 100 6.0 540 100 1.1 109 100 1.8 203 100 33.0 3,593 100 3.3 287 100 7.2 734 Est. crop. Samde Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 31 Table 12 Qulttlng: Total Number of Attempts of Former Smokers by Soclo DemoaraDhlc Variab& lG75' Attempts to quit smoking (% of former smokers) Total (Age 21+ years) SEX Male Female AG:1(~;;grwing) 25-34 35-44 45-54 55-64 85+ AG:Gf;t wwh) 25-44 4564 MA:;AL STATUS Married Widowed Divorced/Separated Never Married Unknown EDUCATION Some high school High schod graduate Some college College graduate Unknown HOUSEHOLD INCOME Less than $10,000 $10.000-$19,999 $20,000+, Unknown EMPLOYMENT ProfessionaVTechnicaI Administrator/Manager SalesClerfcal Craftsman Operatives LabcrerfService Not in Labor Force Occupation Not Reported 0 l-2 3-5 6+ Total 59.0 24.8 16.2 56.9 25.5 17.6 62.9 23.7 13.5 55.8 32.0 12.2 63.7 24.4 11.8 60.2 23.5 16.3 53.1 29.0 18.0 56.3 23.3 20.4 64.1 19.9 16.0 55.8 32.0 12.2 62.1 24.0 13.9 54.6 26.4 19.1 64.1 19.9 16.0 58.0 25.0 66.4 21.0 58.4 26.0 64.9 25.1 79.1 20.9 17.0 12.6 15.6 10.0 57.2 24.8 18.0 57.8 23.7 18.6 62.7 25.2 12.1 58.6 26.8 14.7 83.1 12.5 4.4 57.7 24.4 17.9 58.3 26.2 15.5 59.7 23.5 16.8 63.5 23.4 13.1 66.6 20.4 13.0 70.6 17.8 11.6 48.6 36.7 14.7 59.2 28.0 12.8 64.0 20.7 15.2 54.6 32.3 13.2 60.0 22.3 17.7 57.8 25.1 17.1 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Sample size 2,687 1,632 1,055 185 651 495 567 446 343 185 1,146 1,013 343 2.112 171 181 217 6 645 872 579 572 19 736 1,103 578 270 159 150 79 122 67 47 84 1,979 32 Table 13 Age of lnltlatlon of Smoking: Current Smokers by Soclo Demographlc Variables 1986 Age when started smoking regularly (% of current smokers) Total (Age 17+ years) SEX Male Female AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 17 18-24 25-44 4564 65+ RACE White Black Other REGION Midwest Northeast Southeast West MARITAL STATUS MarriedZohabitating Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME Less than $10,000 510.000-$19.999 520;000-$i29;999 $30.000-$39,999 w.ooo+ Unknown EMPLOYMENT Administrator/Manager Professional/Technical Safes/Clerical Craftsman Operative Laborer/Service Never in Labor Force Occupation Not Reported POVERTY LEVEL Above Below ~16 16-17 Est. ooo. Sample (mil.) size 20.8 25.9 18-20 21+ 31.6 21.7 45.8 4,615 23.5 28.2 32.2 16.2 24.3 2.312 17.7 23.3 31.0 28.0 21.5 2,363 43.4 43.0 13.6 2.0 166 28.2 36.9 31.6 3.2 5.0 416 23.5 29.2 31.5 15.8 12.7 1,259 16.3 24.6 33.6 25.5 10.4 1,141 16.2 17.4 39.3 27.1 6.5 880 15.8 21.5 31 .o 31.7 5.7 563 17.1 15.2 23.5 44.3 3.6 390 54.8 45.2 30.2 38.0 20.3 27.1 16.0 19.3 17.1 15.2 29.3 2.5 32.4 20.2 35.4 29.2 23.5 44.3 0.7 47 6.3 535 23.1 2,400 12.2 1,243 3.6 390 21.9 27.2 30.8 20.2 39.0 4.052 11.5 19.5 37.2 31.8 5.4 431 25.6 14.4 33.9 26.1 1.4 132 21.5 25.0 31.7 21.8 11.5 1,182 20.1 26.2 34.3 19.4 9.3 1,037 20.0 25.5 31.9 22.7 16.9 1,549 22.1 27.6 28.0 22.3 8.2 847 19.4 25.0 13.0 16.2 21.7 24.8 26.9 32.3 41.9 30.4 33.3 22.3 25.8 45.1 27.5 26.0 30.2 10.6 16.6 11.1 24.0 16.7 32.5 22.0 37.5 24.5 41.0 30.9 25.1 25.6 32.8 19.4 32.6 21.1 33.6 19.7 35.3 23.2 27.1 23.3 29.9 f:62 ::1 2,807 289 720 784 15 30.0 29.3 18.4 27.1 15.0 23.0 12.5 15.6 14.1 927 19.1 1,935 7.9 1,127 4.8 626 21.8 27.6 24.6 23.1 19.7 26.6 18.8 27.9 16.6 24.9 23.5 26.2 S::, 11.5 6.3 67:: 486 881 1.153 640 858 597 15.9 22.5 34.1 27.5 3.6 456 12.8 19.8 40.0 27.5 4.6 563 18.0 24.0 33.5 24.5 10.9 1,176 27.2 27.8 28.9 16.1 7.8 718 21.5 30.9 28.9 18.7 6.1 529 19.8 26.8 30.4 23.0 8.5 781 31.3 30.2 25.4 13.2 2.5 186 26.6 24.3 29.6 19.6 2.0 206 20.0 25.5 33.2 21.3 34.4 3,585 22.5 27.9 26.6 23.0 5.1 433 23.5 26.2 27.1 23.3 6.3 597 o Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 33 Table 14 Age of Initiation of Smoklng: Former Smokers by Soclo Demographic Variables 1986 Age when started smoking regularly (% of former smokers) Total (Age 17+ years) 17.2 24.1 34.8 23.8 40.9 4,352 SEX Male Female AGE (1 st grouping) 17-19 20-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 17 18-24 25-44 45-64 65+ RACE White Black Other REGION Midwest Northeast Southeast West MARITAL STATUS Married/Cohatitating Widowed Divorced/Separated Never Married Unknown EDUCATION 11 or Fewer Years 12 Years 13-15 Years 16+ Years HOUSEHOLD INCOME Less than $10,000 $lO,OOO-$19.999 $20.000-$29,999 $30,000-$39,999 $4o,ooo+ Unknown EMPLOYMENT Administrator/Manager Professional/Technical Safes/Clerical Craftsman Operative Laborer/Service Never in Labor Force Occupation Not Reported POVERTY LEVEL` 20.5 25.5 12.5 22.1 35.2 18.8 34.2 31.2 3% 1.4 3410 12.4 36.6 19.6 :A 24.4 32:7 27.7 41.2 24.3 2,487 16.6 1,865 44.6 51.2 27.1 41.2 23.2 30.3 18.0 25.9 15.1 24.5 14.9 19.5 11.0 15.0 0.5 38 2.0 173 7.7 818 8.0 934 6.8 695 7.7 793 8.3 901 35.0 65.0 30.3 41.9 20.5 28.0 15.0 21.8 11.0 15.0 26.6 * 35.3 1Z 37.1 26:l 32.7 41.2 0.1 2.3 15.7 14.5 8.3 10 l,Z 1,488 901 17.9 24.1 10.5 24.4 16.7 22.9 36.7 3,993 3.2 260 1.0 99 14.7 26.0 16.3 25.1 18.1 23.7 19.7 21.6 34.9 23.1 33.8 31.3 33.3 27.1 34.1 25.2 37.6 21.1 33.4 24.8 34.9 23.8 9.3 1,028 9.2 1,043 13.9 1,387 8.4 894 17.1 207:; 22.8 13.6 24.6 36.1 22.2 14.9 27.9 49.3 21.2 31.9 26.8 29.7 31.9 15.6 35.0 31.1 20.4 30.9 2.8 3.4 ::: 3,117 378 445 400 12 21.1 25.9 26.2 26.7 10.6 796 18.4 24.7 34.0 23.0 15.4 1,507 16.1 24.3 38.5 21.1 6.7 994 11.1 20.6 44.3 24.0 6.2 1,055 15.7 18.5 20.5 22.2 19.1 27.9 17.3 27.2 14.9 24.4 16.2 21.3 3.3 342 8.7 674 8.3 879 5.3 577 10.7 1,198 6.6 682 12.9 24.8 13.1 19.8 13.7 22.6 20.7 26.2 25.8 23.1 19.4 24.5 23.4 37.7 19.9 31.0 26.8 39.0 29.4 27.9 31.7 21.3 36.7 18.9 40.8 19.9 37.0 25.4 37.2 25.1 39.0 28.1 36.8 26.8 34.7 18.4 32.6 18.5 28.4 27.8 28.7 10.1 30.3 18.8 5.0 3 4':; 5.5 1.1 1.7 31.3 596 855 1,027 ES 508 103 187 Above 17.6 24.9 35.1 22.4 Below 15.3 22.0 27.1 35.5 Unknown 16.2 21.3 37.0 25.4 ~16 16-17 18-20 21+ Est. DOD. Sample (mil.) size 3,405 265 682 o Poverty level is based on the definition provided by the U.S. Bureau of the Census. See text for exact procedures. 34 Table 15 Age of Initiation of Smoklng: Current Smokers bv Socio Demoarauhic Variables 1975 - . Age when started smoking regularly (% of current smokers) Total (Age 21+ years) 21.9 20.8 32.7 24.6 4,339 SEX Male 28.8 22.6 31.9 16.6 2.176 13.6 18.5 33.8 34.1 2,163 AGE (1st grouping) 21-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 21-24 25-44 4564 65+ MARITAL STATUS Married Widowed Divorced/Separated Never Married Unknown EDUCATION Some high school High school graduate Some college College graduate Unknown HOUSEHOLD INCOME Less than $10,000 SlO.OOO-$19.999 Qi20;000+. Unknown EMPLOYMENT ProfessionaUTechnicaI Administrator/Manager Sales/Clerical Craftsman Operatives Laborer/Service Not in Labor Force Occupation Not Reported <16 16-17 18-20 21t Sample size 27.0 28.7 25.3 23.1 18.9 20.3 18.1 19.8 20.3 17.4 24.1 10.7 499 1,262 990 805 517 266 27.0 28.7 22.4 21.8 19.0 18.8 24.1 10.7 36.8 7.4 36.0 15.7 35.0 25.9 31.2 30.9 29.0 33.4 19.7 45.5 36.8 7.4 35.5 20.3 30.3 31.9 19.7 45.5 499 2,252 1,322 266 22.2 20.6 33.5 23.8 2,997 13.0 13.7 26.2 47.1 287 24.4 21.9 28.1 25.6 580 21.6 24.9 35.6 17.9 470 78.2 7.9 15.9 . 5 33.1 20.9 20.0 21.6 15.8 20.9 13.7 18.0 25.6 16.5 24.6 19.7 22.0 21.7 16.2 22.5 23.4 17.8 24.7 21.3 33.6 24.9 39.0 24.3 37.5 30.8 32.0 25.9 29.5 26.1 34.7 21.7 35.9 25.4 29.8 29.0 1,155 1,704 887 571 22 1,479 1,680 734 446 9.9 18.8 35.9 35.4 211 12.5 18.9 35.5 33.1 278 18.8 20.8 33.5 26.8 131 15.0 24.5 35.9 24.6 304 23.6 15.3 34.5 26.5 170 16.7 27.1 32.7 23.5 110 11.7 16.8 32.0 39.5 167 25.5 21.1 31.8 21.7 2,968 35 Table 16 Age of lnltlatlon of Smoking: Former Smoken by Soclo Demographic Variables 1975 Age when started smoking regularly (% of former smokers) Total (Age 21 t years) 21.3 21.5 SEX Male Female AGE (1 st grouping) 21-24 25-34 35-44 45-54 55-64 65+ AGE (2nd grouping) 21-24 2544 4564 65+ MARITAL STATUS Married Widowed Divorced/Separated Never Married Unknown EDUCATION 25.8 22.6 13.0 19.5 26.5 31.2 23.2 25.6 24.7 22.2 17.1 23.9 21.5 15.3 18.2 15.4 26.5 31.2 23.9 24.1 19.1 19.9 18.2 15.4 21.3 22.0 15.2 14.0 21.7 22.9 24.8 20.5 43.6 13.2 Some high school High school graduate Some college College graduate Unknown HOUSEHOLD INCOME Less than $10.000 $10,000-$19,999 $20,000+ Unknewn EMPLOYMENT ProfessionaKfechnicaI Administrator/Manager Sales/Clerical Craftsman Operatives laborer/Service Not in Labor Force Occupation Not Reported <16 16-17 18-M 21+ 34.4 22.8 Sample size 2,686 33.2 18.3 36.5 31.0 37.0 5.3 40.5 10.7 33.0 20.0 36.3 22.7 30.0 33.2 29.3 37.0 37.0 5.3 37.1 15.0 33.4 27.5 29.3 37.0 1,632 1,054 185 651 495 567 445 343 185 1,146 1,012 343 27.8 21.6 24.3 21.0 18.8 24.6 10.8 19.5 35.1 13.1 35.0 21.6 26.5 44.2 29.6 25.8 36.4 18.2 17.8 25.3 26.6 24.0 33.9 20.8 36.7 19.9 42.7 27.0 23.0 28.9 2,112 171 180 217 6 644 672 579 572 19 23.5 20.1 30.3 26.1 735 21.9 22.7 36.0 19.4 1.103 16.5 21.5 38.3 23.7 578 23.8 20.7 29.9 25.5 270 12.6 14.4 9.5 16.5 32.5 13.5 22.9 45.8 18.8 21.5 38.7 25.4 18.6 53.3 18.6 25.3 30.4 27.9 24.4 23.6 19.6 25.1 43.1 18.3 13.9 29.7 51.2 21.5 33.1 21.5 159 150 79 122 67 47 36 SMOKING-ATTRIBUTABLE MORTALITY, YEARS OF POTENTIAL LIFE LOST, AND ECONOMIC COSTS STATE-SPECIFIC ESTIMATES, 1985 INTRODUCTION Cigarette smoking has been identified as the chief avoidable cause of death in the United States (USDHHS, 1982). Meas- urements of the impact of smoking, using calculations of smoking-attributable mortality and economic costs, have recently appeared in several medical journal articles (Rice et al., 1986; Ravenhott, 1985; CDC, 1987b) as well as in an Office of Technology Assessment Staff Memorandum (OTA, 1985). These estimates of disease impact vary according to methods and data sources used in the calculations. Nonethe- less, reported numbers of smoking-attributable deaths are enormous, ranging from a low of 270,000 in 1980 (Rice et al., 1986) to a high of 485,000 in 1983 (Ravenholt, 1985). In 1987, the Office on Smoking and Health (OSH) of the Centers for Disease Control (CDC) estimated that 320,515 deaths were attributable to smoking in the United States in 1984 (CDC, 1987b). This was approximately 15.7 percent of the total number of deaths in the United States in that year. Sub- sequently, the 1989 report of the Surgeon General estimated that 390,000 deaths were caused yearly by smoking. This estimate was based on updated relative risks from the American Cancer Society's Cancer Prevention Study II (USDHHS, 1989). In addition to mortality, years of potential life lost (YPLL) are used to measure disease impact. Rice estimated 3.9 million YPLL were lost due to smoking in 1980. The CDC estimate was 949,924 years lost before age 65 and 3.6 million if YPLL were calculated to life expectancy. To better understand the economic impact of smoking, smok- ing-attributable direct and indirect costs have been calculated. Economic calculations of smoking-attributable disease impact range from $53.7 billion in 1984 (Rice et al., 1986) to $65 billion in 1985 (OTA, 1985). Economic costs generated by diseases associated with smoking include direct health-care costs (hospitalization, physician fees, medications, nursing home costs, and other professional fees), indirect morbidity losses (lost income due to disability, transportation costs, homecare services, etc.), and indirect mortality losses (lost productivity from persons who die prematurely from smoking-attributable diseases). This report will present State-specific calculations for smok- ing-attributable mortality, years of potential life lost, and economic costs in the United States. These calculations were performed using a software program (SAMMEC) developed by the Minnesota Department of Health (MDH) and provided to States through the CDC (Shultz, 1986). BACKGROUND In 1984, the MDH's Technical Advisory Committee on Non- smoking and Health produced The Minnesota Plan for Non- smoking and Health (MDH, 1984). The background research for this document included calculations of smoking- attributable disease impact specific for Minnesota. Analysts at the MDH designed a computer program using well-known software (Lotus l-2-3) (Lotus, 1984), which produced the calculations, tables, and graphs used in the Plan as well as in numerous presentations to the public and to the State legis- lature. The calculations were subsequently incorporated into a menu-driven software package, SAMMEC: Smoking- Attributable Mortality, Morbidity, and Economic Costs (Shultz, 1988), which facilitates similar analyses for any given popula- tion if the appropriate raw data are available. In Minnesota, smoking-attributable disease impact estimates effectively portrayed the magnitude of the smoking and health issue to the public and were used in support of nonsmoking legislation in Minnesota. These data and a strong coalition of public health, medical, educational, and other disciplines succeeded in bringing about important nonsmoking legislation. This legis- lation funds statewide smoking intervention curricula, promotes nonsmoking through a public education campaign, establishes agrants program for community-based programs, expands enforcement of the Minnesota Clean Indoor Air Act, provides evaluation of all programs, and raises the State excise tax on cigarettes (Shultz et al., 1986). METHODS FOR CALCULATING SMOKING-ATTRIBUTABLE DISEASE IMPACT Smoking-Attributable Mortality and Years of Potentlal Life Lost The theoretical bases for the calculations used in SAMMEC are found in a 1986 paper by Rice (Rice el al., 1986). The method used by Rice invdlves celculating smoking-at- tributable fractions (SAFs) of total mortality due to 21 diseases known to be caused by or associated with smoking in adults. This calculation has three components: the relative risks (RR) (defined as the mortality rate among exposed persons divided by the mortality rate among unexposed persons) of smoking- related disease in current and former smokers, the prevalence of smoking among men and women 20 years of age and older, and the crude mortality data for the population under study. For these calculations, the RR estimates used are weighted averages derived from four longitudinal studies of smoking- related illness (Hammond, 1966; Doll and Pete, 1976; 37 Cederbf et al., 1977; Doll et al., 1980). It should be noted that these RR estimates are now outdated, because the bn- gitudinal studies from which calculations were made involved persons who began smoking in the period between 1900 and 1950. The pattern of smoking among men in the United States was well established by the end of that period, but women did not begin smoking in large numbers until the 1950s and 1960s (Warner and Murt, 1982). As the removal of social barriers began to permit gender equality in this behavior, gender equality in smoking-related diseases, especially lung cancer, is now beginning to occur (American Cancer Society, 1986). Therefore, the RRs reported in the earlier studies underes- timate the disease impact of smoking today, especially among women. There is a substantial lag period between smoking and the development of smoking-attributable mortality in a given population. In men, peak mortality due to smoking has occurred; in women, the peak mortality due to smoking has not yet occurred. Additional longitudinal observations will be necessary to update RRs for both genders as smoking be- haviorchanges in the United States. RRs reported in the 1989 report of the Surgeon General changed substantially from those summarized by Rice. The disease categories, their international Classification of Diseases (ICD-9) codes, and relative risk estimates used in SAMMEC are shown in Table 1. In addition to SAFs of deaths among adults aged 20 years and older, SAFs for four pediatric causes of death are calculated by SAMMEC. For the four pediatricdiagnoses, the mortality attributed to maternal smok- ing during pregnancy for children aged 54 years were deter- mined using RRsfrom McIntosh (McIntosh, 1984) and current smoking prevalence among women 20-64 years of age as a proxy for the percentage of pregnant women who smoke. The disease-specific SAFs are calculated by using the ap- propriate RRs and the prevalence of current and former smoking in the population with the following equation: pc = percentage of never smokers, pl I percentage of current smokers, p2 = percentage of former smokers, RR1 - relative risk for current smokers (relative to never smokers), and RR2 - relative risk for former smokers (relative to never smokers) (Walter, 1976). This formula is derived from the standard attributable risk (AR) formula (Lilienfeld and Lilienfeld, 1980): AR - p(RR-1 )&(RR-1 )+l]. In addition to the number of deaths attributable to smoking, years of potential life bst (YPLL) are also calculated by SAMMEC. This measurement quantifies premature death due to smokingcaused disease in the population under study (CM=, 1986). For each smoking-related diagnosis, deaths (by gender and five-year age group) are muttiplied by the number of years of remaining life, calculated from the midpoint of the five-year age category at death and ending at the cutoff point chosen (i.e., age 65 or life expectancy). The YPLL are then summed and mukiplied by the SAF for that diagnosis, age category, and gender. YPLL may be measured to any age cutoff point. Usually, YPLL are measured to age 65 (the generally fecognbed age for retirement) of to lie expectancy, which varies eocording to the population in question (by race, sex, region, etc.). The smoking-attributable mortality and YPLL rates for the population under study may be calculated using census data and a numerical constant (for example, the number of deaths per 100,000 persons). These rates permit comparisons between populations if the characteristics of the populations are otherwise similar. The rates presented betow are not age-adjusted. Smoking-Attributable Economic Cod8 A detailed discussion of the health economics of cigarette smoking is beyond the scope of this report. However, much has been wrltten in the last two decades about the health care costs and indirect bases due to smoking-attributable disease (Lute and Schweitzer, 1978; Shultz, 1985; OTA, 1985; Rice, Hodgson et al., 1986; Warner, 1987; Schelling, 1987). Smok- ing is a dynamic, time-dependent process. Costs associated with illness and injury due to smoking may be immediate or deferred; there are both costs to the individual and costs to society in general. These latter costs may be direct, such as publicly funded health care and cigarette-caused fire losses, or indirect such as lost income and bst tax revenue due to premature death. The calculations of State-specific economic costs performed by SAMMEC closely follow on Rice, et al. (1986). Three components of this prevalence-based estimate are reported: direct heabhcare costs, indirect morbidity bs- ses, and indirect mortality losses. Direct Heatth-Care Costs Due to Smoking SAMMEC calculates the following direct costs of medical care (personal health expenditures) to treat diseases related to smoking: hospitalization, physician services, sevices of other health practitioners, nursing home care, and drugs. Fire damage and burn care would be included if data were available. These calculations are based on SAFs of personal heatth care expenditures estimated for the population under study. The SAFs weregenerated using the ratio of medicalcare utilization by ever smokers compared to utilization by never smokers. This ratio was developed based on setf-reported data from the 1983 National Health Interview Survey. The utilization ratio was limited to illnesses in the major categories of smoking-re- lated diseases (neoplastic, circulatory, and respiratory dis- eases). The formula used to calculate the SAF is from Walter (Walter, 1976). lndlroct Costs Due to Smoklng Indirect costs of smoking are the value of bst productivity, output, or forgone manpower resources when smoking-re- lated illness and death cause lost time from work and from other productive activities. Not included are intangible costs such as pain and suffering, which are recognized by the legal system as worthy of recompense. The cost or value to society of all deaths attributed to smoking is the product of the number of deaths attributed to smoking and the expected values of an individual's future earnings, with sex and age taken into ac- count. To convert this stream of costs into present worth, these costs are discounted (in the case of SAMMEC, at 6 percent). To obtain indirect morbidlty costs (that is, the costs associated with lost work, disability, and illness due to nonfatal smoking- related conditions), SAMMEC simply calculates the proportion of total costs which are indirect costs based on Rice's National calculations. This function assumes that the proportion of total smoking-attributable costs which are indirect morbidity costs 38 is the same for both the population under consideration and for the United States as a whole. Population-specific direct health-care costs and indirect mortality costs are calculated based on data entered into SAMMEC for the population under study. Using these two sets of data, the indirect morbidity costs are derived. Other Cost Factors Tobacco products (primarily cigarettes) caused 248,100 fires in the United States in 1985. These fires were responsible for 1,703 civilian deaths and 3,997 civilian injuries. Fire losses in the United States totaled $422 million in direct property damage in 1985 (CPSC, 1987) and millions more in direct medical costs for expensive burn care and for indirect mor- bidity and mortality losses due to premature death and dis- ability. These measurements of disease impact are not included in SAMMEC, but some States have calculated these data separately (Colorado Department of Health, 1986; Was- silak and Smith, in press; Personal Communication, G. Istre, Oklahoma Department of Health, June 10,1988). Data Used in 1985 SAMMEC Calculations Mortality Numbers of deaths by sex and five-year age category for each of the diagnoses listed in Table 1. were obtained from each State's department of vital statistics for 1985, with the excep- tion of Puerto Rico (1983). Some States had incomplete data for the diagnosis of cardiac arrest (ICD-9 code 427.5); for these States, the smoking-attributable mortality (SAM) will be underestimated. YPLL was calculated to both age 65 (years of productive life lost) and to life expectancy as estimated for the United States for both sexes and all races in 1980. Mortality and YPLL rates per 100,000 persons were calculated using totals for each category and the 1985 population of each State (U.S. Bureau of the Census, 1987). The YPLL rate to 65 years of age was calculated for the population less than 65 years of age in each State. Smoking Prevalence For most jurisdictions, the prevalence of current and former smokers for each State was obtained using questions in- cluded in the 1985 Current Population Survey of the United States. This survey collected information from 114,342 civilian, noninstitutionalized persons, aged 16 years and older. Approximately 55 percent of the total sample consists of self-respondents, while the remainder were proxy respon- dents (Marcus and Crane, 1986). For this study, the prevalence of smoking was calculated for men and women, aged 20 years and older, by State. These prevalence es- timates were further divided into two age groups for use in SAMMEC: 20-64 years of age and 65 years of age and older. This stratification was necessary to adjust SAFs for the much lower prevalence of smoking among persons 65 years of age and older; many of these older persons have quit smoking, and many smokers have died prematurely as a result of smoking. The prevalence rates for Puerto Rico were estimated using datafrom several different sources (Die& in press). The prevalence estimates used for each State are weighted ac- cording to Bureau of Census procedures by age, race, sex, and Hispanic/non-Hispanic categories. The final estimates are shown in Table 2. The estimates for Minnesota were from the Behavioral Risk Factor Surveillance System (Unpublished data, Minnesota Department of Health, 1986). Personal Health Care Expenditures Personal health care expenditure data were obtained from Health Care Financing Administration publications (Levit, 1985; Lazenby, 1986). First, State specific personal health care expenditures by cost center were identified for 1982. Cost centers included in SAMMEC are physician services, hospitalization, drugs and medical sundries, nursing home care, and other professional services. Not included are dental care, eyeglasses and appliances, and other personal health care. These expenditures were adjusted to 1985 levels by multiplying 1985 National Cost Center figures by an index for each cost center in each State. These indices were obtained by dividing the 1982 State-specific cost center figure by the 1982 National cost center figure. The 1982 index for each State's cost center was then multiplied by the 1985 National per capita figure for each cost center to obtain a 1985 State- specific per capita figure for each cost center. These figures were then multiplied by the State population (U.S. Bureau of the Census, 1986) to obtain a total figure for each cost center in each State for 1985. This calculation is summarized as follows: 1982 1985 stats cost National cost 1985 state-speck center fisure X center figure X Stats = costcentef 1982 1985 population fbYJm National cost U.S. population center figure Economicdatafor Puerto Rico were obtained directly from the Division of Analysis and Cost-Accounting from the Puerto Rico Department of Health (Dietz, in press). Data for the District of Columbia were obtained using 1985 total per capita health care costs for Maryland, Virginia, and the District of Columbia, using the same technique as in individual States, multiplied by the population of the District of Columbia (Rivo et al., 1989). SAMMEC does not account for costs of program administra- tion, research, and construction of medical facilities that are generated by tobacco abuse. 39 RESULTS The smoking-attributable mortality by State is shown in Table 3. More than 316,000 deaths were caused by smoking in 1985 in the United States. o The average number of deaths per State was 6,099 (ranging from 271 in Alaskato 28,533 in California). The overall U.S. smoking-attributable mortality rate is 133.6 per 100,000, and the average State smoking-attributable mor- tality rate per 100,000 persons is 129.1 (ranging from 45.3 in Utah to 175.9 in Kentucky). States above the average were found predominantly east of the Rocky Mountains. of all smoking-attributable deaths in the United States, 67 percent were men, 32 percent were women, and 1 percent were children less than 5 years of age. Smoking-attributable YPLL before 65 years of age are shown in Table 4. Approximately 940,000 YPLL before 65 years of age occurred due to the smoking-attributable deaths in 1985. The average number of YPLL before 65 years of age per State was 18,140 (ranging from 1,828 in Wyoming to 79,491 in California). The overall rate for the United States was 397.9 years per 100,000 persons less than age 65 years; the average State YPLL rate was 391 .l per 100,000 (ranging from 205.8 in Utah to 676.3 in the District of Columbia). Table 5. shows the YPLL if measured to life expectancy for all races in the United States, Using this cutoff point, more than 3.6 million YPLL resulted from smoking-attributable deaths in 1985. The average State YPLL to life expectancy was 70,621 (ranging from 4,335 in North Dakota to 335,319 in New York). The overall U. S. rate is 1549.3 per 100,000, and the average State YPLL rate is 1,488.8 (ranging from 643.2 in North Dakota to 2,167.3 in Kentucky). The smoking-attributable economic costs for'each State are shown in Table 6. The total societal economic impact of smoking in the U.S. for all 50 States was over $52 billion. This sum represents $23.7 billion (45.2 percent) in direct morbidity costs, $10.2 billion (19.6 percent) in indirect morbidity costs, and $18.5 billion (35.2 percent) in indirect mortality costs (adult and pediatric). The average State economic impact was $1.007 billion (ranging from $82.3 million in Alaska to $5.812 billion in California). On a per capita basis, the economic impact was $221 for the United States as a whole; the average State per capita impact was $205 (ranging from $54 per capita in Puerto Rico to $284 per capita in Rhode Island). DISCUSSION These data on the impact of smoking in each State confirm the results of previous National studies: smoking causes large numbers of deaths and a very large dollar cost to society. The sums of the State figures are similar to the National figures mentioned in the Introduction to this section. In addition, the data suggest that because smoking prevalence is highest in the eastern and southern United States, smoking-attributable disease impact is highest in these areas. State estimates such as these serveto alert policy makers and the general public to the specific impact that smoking has in their respective States. SAMMEC software helps translate epidemiologic constructs and surveillance data into usable and understandable results. Many States have already pub- lished articles in newsletters, epidemiology bulletins, and State medical journals that cite SAMMEC calculations. Such disease impact estimates serve as an instrument of risk be- havior change and health policy intervention at the State level (Shultz, 1988). In addition, several foreign Nations have used the SAMMEC software in assessing the impact of smoking on their populations. Political, conceptual, and ethical issues in the use of these estimates have been discussed elsewhere (Shultz, 1988; Warner, 1987; Schelling, 1987). R must be emphasized that thefigures produced by SAMMEC are estimates that vary according to the components of the calculations. For instance, each of the relative risks which contribute to the weighted average relative risks used in SAMMEC has a confidence interval. Therefore, the at- tributable fractions will vary according to these confidence intervals, In addition, there are confidence intervals around the prevalence rates used in SAMMEC, which are not reflected in the estimates of attributable fractions. Despite the limitations of the methodology, SAMMEC is a valid and easy-to-use tool for estimating the overall state-specific disease impact of smoking. The estimates for mortality, YPLL, and economic impact produced by SAMMEC are conservative. Because the relative risk estimates were developed in the 1960% the risks for women (and possibly for men) are likely to be underestimates of the risks in the 1980s. Additional data (published in 1989) from a large, longitudinal study by the American Cancer Society confirms this prediction. In addition, 1985 prevalence estimates were used although 1985 mortality resulted from higher smoking rates 10 to 40 years ago. Had the earlier prevalence figures been used in these calculations, smoking attributable estimates would have been higher. Therefore, the figures reported here are conservative estimates of mortality and YPLL due to smoking. In these calculations, mortality is a unit of measurement, and therefore each of these deaths does not represent a named, individual person. Mortality in this context is a way of quantify- ing, on a population basis, the smoking-caused illness suf- fered by individuals. In the same context, the economic data provide another way of quantifying the effect that this particular behavior has on the stream of economic activity in our society. They do not describe a net cost effect nor do they indicate the potential savings if tobacco use were eliminated in the United States. o The State estimates that provide the basis for this National total were derived using relative risk estimates for smoking-related diseases from studies conducted in the 1950's and 1960's. Since those State calculations were made, more current relative risk estimates have become available. These estimates were used in the 1989 Surgeon General's Report on Reducing the Health Consequences of Smoking: 25 Yesrs of ???????? to yield an estimate of 390,000 smoking-attributable deaths in the United States in 1985. 40 Persons who die prematurely may actually provide a slight savings to society in terms of social security outlays, Medicare expenses, and nursing home care (Warner 1987). In fact, most persons who die of smoking-related diseases do so after 65 years of age. Although smokers have a higher risk of illness at any given age, nonsmokers will live longer and therefore incur medical bills through chronic illness well into old age. Warner (1987) has pointed out that the shift in life expectancy resulting from a tobacco-free society would create an enormous economic burden on social security and retire- ment systems. This burden could be partially offset by the contributions that persons beyond retirement age bring to our society in terms of employment, investments, taxes paid, voluntarism, and general wisdom. There are also economic "benefits" of the tobacco industry to society in terms of jobs, excise taxes, cultural promotion, etc. These are estimated by the Tobacco Institute to be as much as $45 billion (Chase Econometrics, 1985). However, these "benefits" do not compensate for either the tangible or the intangible emotional and personal consequences of smoking- attributable disease. In addition, money spent on tobacco would almost certainly be spent on other consumer goods if tobacco consumption were eliminated. Thus, the economic "loss" brought about by the loss of tobacco revenues and ancillary business revenues would be negligible (Warner, 1987). Health professionals do not depend on economic arguments to preserve life and to prevent disease. Smoking causes more premature deaths than do all the following together: cocaine, heroin, alcohol, fire, automobile accidents, homicide, and suicide (Warner, 1987). The results presented here permit comparisons of the impact of smoking to the impact of other health risks iderjtified by States, thus encouraging the appropriate assignment of scarce public health resources. Even as smoking prevalence declines in this country (CDC, 1987a), smoking-attributable illness will continue to cause an enormous disease burden well into the twentieth century (Brown and Kessler, 1987). Thus, efforts to prevent and treat tobacco use in each of the States must continue to be a high-priority public health effort. REFERENCES 1. 2. 3. 4. 5. 6. 7. 8. American Cancer Society. 7986 Cancer facts and figures. New York, American Cancer Society, 1986. Brown, C.C., Kessler, L.G. Projections of lung cancer mortality in the U.S.: 1985-2025. Journalof the National Cancer Institute, 80( 1 ), 1988. Cederlof, Ft., Friberg L., Lundman, T. The interactions of smoking, environment, and heredity and their implica- tions for disease etiology: A report of epidemiological studies on the Swedish twin registries. Acta Medica Scandinavica 612(suppi):7-128, 1977. Centers for Disease Control. Progress in chronic dis- ease prevention: Cigarette smoking in the U.S., 1986. 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Denver, Colorado, July 1986. 9. 10. 11. 12. 13. 14. 15. 16. Consumer Product Safety Commission. Toward a less fire-prone cigarette. Final report of the technical study group on cigarette and little cigar fire safety. Report prepared under the Cigarette Safety Act of 1984. Washington, D.C., October 1987. Cooper, B.S., Rice, D.P. The economic cost of illness revisited. Social Security Bulletin 39(2):21-36, 1976. Dietz, V.J., Novotny, T.E., Rigau-Perez, J.G., Shut& J.M. Smoking-attributable mortality, years of potential life lost, and direct health care cost for Puerto Rico, 1983. In press, PAHO Bulletin. Doll, R., Peto, R. Mortality in relation to smoking: 20 years' observations on male British doctors. British Medical Journal2:1525-36, 1976. Doll, R., Gray, R., Hafner, B., Peto, R. Mortality in relation to smoking: 22 years' observations on female British doctors. British Medical Journal 280:967-971, 1980. Hammond, E.C. Smoking in relation to the death rates of one million men and women. In: Haenszel W.M., (ed.) Epidemiological~roaches to the study of cancer and other chronic diseases. NCI Monograph No. 19:127-204, U.S. Department of Health, Education, and Welfare, Public Health Service, National Cancer In- stitute, 1966. Hodgson, T.A., Kopstein, A.N. Health care expenditures for diseases in 1980. Health Care financing Review 5:1-12, 1984. Lazenby, H., Levit, K.R., Waldo, D.R. National health expenditures, 1985. In: Health Care Financing Notes No. 6. U.S. Department of Health and Human Services, Public Health Service, Health Care Financing Ad- ministration, Office of Research and Demonstrations, HCFA Publication No.(DHHS) 03232, 1986. 41 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Levit, K.R. Personal health care expenditures, by State: 1966-82. Health Care Financing Review 6(4):1-49, 1985. Lilienfeld, A.M., Lilienfeld, D.E. Foundations of Epidemiology, 2nd Edition. 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Report and recommenda- tions of the technical advisory committee on nonsmoking and health. Report prepared for the Minnesota Depart- ment of Health, Minnesota Center for Nonsmoking and Heafth. Minneapolis, Minnesota, September 1984. office on Smoking and Health. Smoking and health: A National status report. A report to Congress. U.S. Department of Health and Human Services, Public Health Service, DHHS Publication No.(PHS) 87-8396, 1987. Office of Technology Assessment. Smoking-related deaths and financial costs. OTA Staff Memorandum. Health Program, U.S. Congress, 1985. Ravenholt, R.T. Tobacco's impact on twentieth-century U.S. mortality patterns. American Journal of Preventive Medicine 1(4):4-16, 1985. Rice, D.P., Hodgson,T.A., Sinsheimer, P., Browner, W., Kopstein, A.N. The economic costs of the health effects of smoking, 1984. Milbank Quarten'y 64(4):489-547, 1986. Rivo, M.L., Kofie, V., Schwartz, E., Levy, M.E., Tuckson, R.V. Comparisons of black/white attributable mortality, morbidity and economic costs in Washington, D.C., 1985. Journal of the National Medical Association 81(11):1125-1130, 1989. Shelling, T.C. Economics and cigarettes. Preventive Medicine 15:549-560, 1987. Shultz, J.M. Perspectives on the Economic Magnitude of Cigarette Smoking. New York State Journal of Medicine 85302-306, 1985. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Shultz, J.M., Moen, M.E., Pechacek, T.F., et al. The Minnesota Plan for Nonsmoking and Health: The legis- lative experience. Journal of Public Health Policy 7(3):300-313,1986. Shuttz, J.M. SAMMEC: Smoking-Attributable Mortality, Morbidity, and Economic Costs (Computer Software and Documentation). Minnesota Center for Nonsmoking and Health, Minnesota Department of Health. Minneapolis, Minnesota, 1986. Shultz, J.M. Quantifying the Disease lmpactof Cigarette Smoking: The Development and Application of Com- puter Software for Estimating the Health and Economic Costs of Smoking. Doctoral dissertation. University of Minnesota, June 1988. U.S. Bureau of the Census. Current Population Reports, Series P-25 No. 1024, Population Estimates and Projections. State Population and Household Es- timates, with Age, Sex, and Components of Change: 7987-7987. U.S. Government Printing Office, Washington, DC., 1988. U.S. Bureau of the Census, Current Population Reports, Series P-25, No. 985, Estimates of the Population of the United States, by Age, Sex, and Race: 7980 to 7985. U.S. Government Printing Gffice, Washington, D.C., 1986. U.S. Department of Health and Human Services. Reduc- ing the Health Consequences of Smoking: 25 Years of Progress. A Report of the Surgeon General. U.S. Department of Health and Human Services, Public Heafth Service, Centers for Disease Control, Center for Chronic Disease Prevention and Heath Promotion, Of- fice on Smoking and Health. DHHS Publication No. (CDC) 89-8411,1989. U.S. Department of Health and Human Services. The Health Consequences of Smoking: Cancer. A Report of the Surgeon General. U.S. Department of Health and Human Services, Public Health Service, Office on Smok- ing and Health. DHHS Publication No. (PHS) 82-50179, p. xi, 1982. Wafter, S.D. The estimation and interpretation of at- tributable risk in health research. Biometrics 32:829-49, 1976. Warner, K.E. Health and economic implications of a tobacco-free society. Journal of the American Medical Association 258( 15):2080-2086,1987. Warner, K.E., Murt, H.A. Impact of the antismoking campaign on smoking prevalence: A cohort analysis. Journal of Public Health Policy3(4):374-390,1982. Wassilak, S.G., Smith, D.M. The heath and economic burden of cigarette smoking in Georgia 1985. In press, Georgia Medicine. 42 TABLE 1 RELATIVE RISKS OF SMOKING-ASSOCIATED DISEASES BY GENDER AND SMOKING STATUS' CD-9cM cad0 f-P-- Infectious Diseases Olrblo2 Tubercufosis Naoplasms 146149 Lip. oral cavity 156 Esophagus 151 Stomach 157 Pancreas 161 Larynx 162 Lung 180 cervix uteri 166 Urinary Madder 169 Kidney Cardtovascular Diseases 401465 Hypertension 416414 IHD (ages 65) 416414 It-f0 (ages 65) 427.5 g3roarF arrest 440 Atherosckosie 441 Aottii aneurysm Resprratoty Diseases 466467 Pnewnonialinfloenza 491492 Bronchitis/emphysema 496 Airways otxtructii Digestive Diseases 531-534 UlcerS Pediatric &ndtWns current smoker Current Smoker FMmW Smoker 2.56 1.95 1.66 l.OCJ 6.62 4.66 1.49 2.00 7.33 10.02 NA 2.36 1.47 2.26 3.25 1.65 4.96 1.17 2.36 1.37 1.46 6.64 3.25 4.47 3.67 NA 3.66 1.66 1.69 1.63 1.56 1.74 1.87 1.66 1.26 1.74 1.29 1.40 1.94 1.02 1.39 1.21 1.43 1.46 1.66 1.36 1.67 1.17 1.49 1.26 1.26 1.27 3.66 1.66 3.66 1.66 1.32 1.66 1.45 1.20 1.63 1.14 1.94 2.46 4.46 2.95 3.19 3.01 1.79 10.13 10.13 2.66 1.06 10.97 10.97 1.29 7.46 7.46 1.17 4.69 4.69 2.12 3.21 2.45 765 Short gestationllow birth weight 769 Respiratory distress syndrome 770 Respiratory conditiis of newborn 796.0 Sudden infanl death syndroma `Source: Rice et at., 1966 NA - Not Appkabb 1.76 1.76 1.76 1.56 43 TABLE 2 PREVALENCE (46) OF SMOKING BY STATE, AGE, AND SEX, UNITED STATES, 1985' state A&w Gv (v-m 26.64 65+ 20+ Maks Fernah Males Femefea Males Femafea Alabama Alaska Arizona Arkansas Cafiforma Colorado COlll-leJCtlCUt Delaware Dtstnct of Columbia Flonda Georgia Hawak Idaho Illinois lndtana Iowa Kansas Kentucky Loulsrana Maine Maryfand Massachusetts Michigan Minnesota Mlsslsalppi Mssoun Montana Nebraska Nevada New Hampshtre New Jersey New Mexcn New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvanra Puerto Rico Rhode Island South Carolma South Dakota Tennessee Texas Utah Vermonl Virginia Washmgton West Virginia 42.7 25.5 44.2 29.6 36.4 27.5 41.8 30.7 31.4 24.4 31 .a 29.3 32.5 30.7 37.6 32.0 36.4 32.4 36.6 31.2 41.3 29.0 34.2 27.2 29.1 23.3 33.9 29.3 39.4 33.4 35.3 25.3 37.6 30.2 39.3 36.9 36.5 26.1 34.9 32.1 33.6 30.5 30.0 36.4 37.3 37.2 37.3 31.7 39.0 27.2 33.5 26.6 27.5 20.5 26.3 26.9 40.5 37.6 36.0 29.0 33.2 27.1 34.6 25.9 34.3 29.3 42.4 27.4 30.7 28.0 37.6 33.9 38.5 31.8 29.8 29.4 35.4 20.8 41.6 14.9 39.0 37.0 35.2 24.3 33.6 29.7 40.3 29.5 37.6 20.8 20.4 12.2 34.2 32.1 37.7 31.4 33.6 29.7 41.8 34.1 28.6 28.1 33.5 36.1 15.6 30.1 23.4 15.2 15.3 23.5 2: 22.6 20.7 25.6 13.1 13.7 19.4 17.0 21.2 19.8 29.7 29.2 16.0 19.4 20.2 20.0 14.0 30.6 18.2 18.3 17.6 22.6 21.1 19.9 21.8 16.5 26.1 16.5 16.1 21.2 11.0 15.6 32.9 19.5 29.5 15.9 17.4 25.1 10.5 29.3 38.2 12.1 22.9 22.2 20.6 12.2 38.8 23.0 15.0 43.4 20.9 13.6 34.7 25.3 4.9 37.4 25.2 12.4 29.4 22.4 12.0 30.9 27.2 16.7 31 .l 20.0 14.3 35.5 29.1 13.6 34.6 26.6 13.9 34.9 27.1 13.6 39.5 26.4 11.3 30.5 24.3 13.7 26.4 21.4 10.9 31.9 26.1 12.6 36.5 29.6 14.6 32.8 23.0 9.0 35.0 25.6 16.0 36.1 33.7 12.2 35.6 23.6 13.1 31.5 27.6 16.0 31.7 28.2 16.0 26.6 27.6 15.9 35.0 33.6 11.6 33.7 27.5 10.9 38.0 24.1 14.4 31.2 24.2 12.7 26.1 25.0 6.7 26.5 22.2 15.6 36.6 35.3 15.1 35.7 26.4 15.1 31 .l 24.7 15.3 32.9 24.1 f0.7 31.8 25.9 10.4 40.2 24.3 7.9 20.6 24.6 12.0 34.9 29.8 23.9 36.2 30.2 17.9 26.9 27.5 13.9 32.0 25.6 4.6 41.5 13.5 11.0 36.3 32.5 7.6 34.4 21.3 10.7 30.5 26.4 7.0 37.1 25.2 12.5 36.2 26.2 2.7 19.2 10.7 16.2 32.0 29.4 13.9 37.6 20.6 14.6 29.9 26.9 10.1 36.4 28.7 10.4 27.6 24.7 10.5 32.1 32.0 *Source: Current Population Survey. 1965, U.S. Bureau of the Census, except for Puerto Rico (Center for Health Promobon and Education, 1967) and Mmnesota (Behavioral Risk Factor Surveillance System, 1966). TABLE 3 WOKiNCCATTRlBUTABLE MORTALITY BY STATE UNITED STATES, 1995 strte Men Women Pe&trk Total Rate' Alabama Alaska Arizona Arkansas Cakfomta Colorado Conntiut Delaware Orstrict of cdurnbia Florida Georgia Hawak Idaho lllklols lndrana Iowa Kansas Kentucky LouIslana Mame Maryland Massachusetts Mlchtgan Minnesota Mts-s~ssrpp~ Mssoun Montana Nebraska Nevada New Hampshrre New Jersey New Mexm New York North Carolma North Dakota Ohlo Oklahoma Oregon Pennsytvama Puerto Rtco" Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermonl Virginta Washington West Virginia Wisconsin WyMlng 3,672 187 2,688 2,n1 18,524 1.971 2.711 573 579 12.517 5,342 549 695 10,530 5.356 2.816 2,179 4,454 3,909 1,262 3,478 5,315 8.152 3,372 2.447 5,147 690 1,621 963 921 6,622 642 17,191 5.664 554 10,618 3,223 2,441 12,100 1,791 998 2.980 684 4,756 11.602 470 489 5,046 3.672 2,298 3,954 329 1,457 74 1,125 A% 1:002 1,528 261 319 5.544 2.117 205 258 5.136 2,525 1.163 953 1,989 1,618 573 1,727 3,154 4,163 1,624 753 2.440 349 597 496 469 3,287 355 9,429 2,345 200 5,156 1.468 1,266 5,747 El 962 270 1.729 5,095 255 246 2,163 1,858 1,012 1,642 156 45 ;: 2 z 15 13 125 80 12 6 178 64 18 21 54 zl 61 46 138 43 33 51 8 13 15 a 71 20 260 68 6 107 40 28 114 51 3 37 9 52 131 17 5 75 63 2 10 5,174 271 3.644 3,645 28.533 3,005 4,269 27 18.186 7.539 766 959 15,846 7945 4,017 3.153 6,497 5,571 1,861 5.266 8.515 12,453 5,039 3,233 7638 1,047 2,231 1.474 1,398 10,180 1,217 26.680 8.297 760 15.881 4.731 3.737 17,961 2.470 1,571 3,979 963 6,537 16,828 742 740 7.284 5,593 3.325 5,636 497 129.5 54.3 122.6 163.7 109.5 94.2 135.0 137.6 147.6 161.3 127.7 77.0 96.1 137.8 144.6 139.5 130.2 175.9 125.1 161.0 121.3 146.6 137.3 120.3 124.7 152.2 127.4 140.1 156.5 140.6 134.9 64.9 151.6 134.9 144.5 146.0 144.1 139.1 151.6 75.4 163.6 121.4 137.2 137.8 103.6 45.3 138.3 131.5 128.6 171.7 118.1 96.4 TOTAL Highest State Lowest State AVERAGE `per 1W.WO pemons. "based on 1963 data. 214.135 lW.303 2,706 317,144 133.6 10.524 9,773 260 28,533 175.9 187 74 271 45.3 4.118 1,929 51 6.099 129.1 45 TABLE 4 SMOKING-ATTRIBUTABLE YEARS OF POTENTIAL LIFE LOST TO AGE 65 BY STATE, UNITED STATES, 1985 State Men W- Pe&bk TOW Rate' Alabama Alaska Arizona Arfransas California Colorado ZkZbicul District of Cofun Florida Georgia Hawatt Maho Illinots Indiana Iowa Kansas Kentucky Louislana Maine Maryland Massachusetts Mtchigan Minnesota Missrssippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohto Oklahoma O+v Pennsyivania Puerto Rico' ' Rhode fsland South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wiisfn Wyoming 12,968 1,134 WW 487'z 5:011 6,9s4 1,599 2.532 27,911 10,472 1,775 2A% 14:326 5,472 4.869 12,817 11,639 2,606 10,072 13.022 21,576 7,329 7,268 12.003 1,656 2,616 2,765 2,282 20,165 1,952 45,010 18.203 2,289 28.240 8,408 2~ 2:616 2,495 9,864 1,328 14,625 35,911 1.996 1,190 15,165 6,252 5,716 6,397 915 3,263 229 1.828 2,157 16,157 :*z `569 799 EzY `407 400 9.564 4,637 1,781 1,507 4,451 3,752 909 3.656 4,677 W39 2.215 1,903 4,106 z: 1,065 756 5,969 686 16.371 12,156 688 14.050 2,599 1,877 9,262 1,083 2.z 343 4,301 12,666 306 416 4,713 2.910 1,641 2,625 277 2.880 666 1,998 1.797 15.244 2,095 1.962 975 854 :*E `805 367 11.498 4.098 1.172 1,386 3,514 2.830 1,689 3,948 2,954 8,689 2,760 2,114 3,301 525 868 999 517 4,589 1.318 16,795 4.411 405 6,888 2.579 1.781 7,373 3.290 223 2.417 574 3.334 8,440 1.069 301 4.615 4.077 974 2,561 636 19,131 545.2 2.031 421.4 9,826 358.1 11.357 565.0 79.491 341.3 8,726 300.6 11.366 413.6 3.163 577.2 4.185 678.3 45,030 485.7 28.912 544.5 2,987 333.4 2,252 253.3 49.665 490.3 23,063 475.7 8,425 341.4 7,762 370.1 20,782 639.4 18.421 459.3 5.207 519.1 17,676 455.2 20,653 410.6 38,974 483.9 12.304 335.4 11.285 494.3 19,410 446.2 2,768 362.3 4,595 333.9 4,669 582.4 3,549 404.7 30,723 466.4 3,958 305.7 78,176 505.1 34,772 639.2 3362 577.1 49,170 521.2 13,686 472.2 8,618 369.2 46,658 459.6 7,189 219.4 3,494 425.6 14,615 504.8 2,245 371.7 22,466 539.0 57,007 367.8 3.371 205.8 1,907 404.0 24,693 498.5 15,239 396.4 8,531 506.4 13.563 326.7 1.826 394.0 TOTAL Highest State Lowest State AVERAGE `per 1W,OOOperscnsbssthan65yeamofage "based on 1963 data. 571,222 197,703 174,745 943,278 397.9 ~,090 16,371 16,795 79,491 678.3 915 223 1,828 205.8 10,965 3.361 18,140 391.1 46 TABLE 5 SMOKING-ATTRIBUTABLE YEARS OF POTENTIAL LIFE LOST TO LIFE EXPECTANCY BY STATE, UNITED STATES, 1985 State Men Won-rem Pedimlc Total Rate' Alabama Alaska Anzona Arkansas Califorma C&fad0 Connecttcti Delaware Dlstnct of Colun Fionda Gaorgla Hawau Idaho lllmo~s lndlana Iowa Kansas Kentucky Louwana Mame MarYland Massachusetts Michigan Mmnesota Mlsslsslppl MlSSOU~l Montana Nebraska Nevada New Hampshire New Jersey New Mexlm New York North Carokna North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rim" Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming xuo5 2.091 26.511 30,467 201,519 21,324 29.237 6,587 7,731 130,116 64.961 WC4 7,133 119,349 59,785 27,239 22,253 50,770 46.694 12,636 23,629 54,566 69,675 33,913 26,166 52,389 7.321 14.601 11.272 9.618 53.670 6,691 196,236 70,452 3.076 117.635 34.963 25.630 132.230 12,654 10,776 36,037 6,707 55,691 134,393 7.522 5,268 59,226 30,792 25,039 38,950 3,547 ibis 6.506 1,120 13.667 12,763 112.207 11.331 17.016 3,357 4.019 2E 5:130 2,970 61,066 2woa 12,406 10,415 25,210 21,250 6,266 10.362 32.506 50,660 16,446 10,060 25.207 4.060 6.229 6,725 5,223 16,607 4,069 117,663 37,347 61.g 17.127 14.161 66,579 6.895 6,226 13,205 2,770 22,532 64,804 3.566 2.830 27,446 21,723 12,434 17,962 1,766 3,245 751 2,244 2,035 17.609 2,373 2.217 1,112 986 9.091 5,656 920 416 13,020 4.619 1.330 1,561 4,059 3,217 1,927 4.460 3.350 10.056 3,115 2,366 3.742 E 1.126 579 5,211 1.485 19,398 5,006 413 7.020 :E 6:516 3,660 250 2,745 646 3,651 9,749 1,235 340 5,441 4,616 1,100 2.884 721 44,956 1.125.0 4,762 954.3 44,442 1.417.2 45,265 1.927.0 331,415 1 v272.0 35,026 1.096.4 46,470 1.532.9 11,056 1.791.9 12.736 2,Q64.2 204,593 1.614.4 96.943 1 fH2.3 12,554 1.261.7 10,527 1.0540 193,435 1,662.6 94.012 1,711.5 41,037 1.424.9 3a29 1.413.3 60,039 2.167.3 71,361 1.602.2 21,031 1.619.3 36.491 666 5 90,422 1.556.3 150.591 1.659.6 53,476 1.276.9 40.634 1.567.1 01.410 1,622.e 11,997 1.459.5 22.016 1362.9 19,125 2.056.5 15.620 1,571.4 75,666 1.0057 14.245 994.1 335.319 1.690.6 112,605 1 B34.5 4,335 643.2 167.206 1,744.7 54,999 1,675.E 41,803 I .556.3 207,325 1.749.4 23,629 721.1 17.254 1,797.3 51,987 1.565.9 10,133 1.443.4 62,274 1,734.6 206,946 1.266.4 12,343 753.5 8,438 1.577.2 92,115 1662.7 65,133 1.497.7 36.573 1.992.4 59.616 1,253.o 6,056 1.199.2 TOTAL Highest State Lowest State AVERAGE `per 100,ooO persons. "based on 1963 data. 2.314.957 1.156.108 199,240 3.672305 1 s49.3 201,509 117,663 19,398 335,319 2.167.3 2.691 646 250 4,335 643.2 44,510 22,271 3.632 70,621 1466.0 47 TABLE 6 SMOKING-ATTRIBUTABLE ECONOMIC COSTS BY STATE, UNITED STATES, 1965 IN MILLIONS OF DOLLARS State Direct Indirect Indirect Pediatric hdlrect Per Capita Morbidity Morbid@ Mottality Mortality Total Cost' Alabama Alaska Anzona Arkansas California Colorado Connectcut Delaware District of Colun Flonda Georgia Hawak Idaho lllmols lndlana Iowa Kansas Kentucky Lowana Mame Maryland Massachusetts Mlchlgan Minnesota M~sswpp~ Missouri Montana Nebraska Nevada New Hampshtre New Jersey New Mexlm New York North Carokna North Dakota Ohlo Oklahoma Oregon PennsylvanIa Puerto Rico' * Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Vlrgwa Washmgton West Vlrgmia Wwon.stn Wyomtng lbia 349.6 34.7 294.9 196.0 2.932.4 329.3 340.7 69.5 19.0 035.2 537.9 08.1 66.6 1,325.7 563.9 192.7 159.4 327.0 263.8 124.7 446.6 047.5 1.103.9 463.1 210.2 594.7 39.9 156.4 121.1 95.0 701.7 71.9 1,665.l 491.6 93.7 1.246.2 339.6 151.6 1.403.7 30.0 133.0 227.9 60.7 204.4 1,618.g 43.2 52.0 5344 426.7 1991 469.5 30.9 174.4 367.5 10.1 901.6 16.4 20.0 2.4 02.3 109.8 195.6 7.1 607.5 101.1 222.7 6.3 526.1 1,059.8 1.766.7 53.2 5.812.1 109.8 157.3 7.3 603.8 123.6 222.2 6.9 701.4 27.5 51.3 3.4 151.7 26.0 82.0 3.0 130.0 407.4 790.1 28.1 2.060.7 257.7 534.4 18.0 1347.9 32.1 50.5 2.0 173.5 25.6 46.6 1.3 142.2 514.8 934.6 40.2 2.015.4 440.1 231.4 14.4 1,257.g 45.6 177.3 4.1 419.6 70.3 136.4 4.9 370.9 170.0 397.5 12.3 906.9 130.4 302.9 6.0 713 9 57.0 126.4 6.0 316.1 185.3 360.9 13.8 1 OO6.5 200.4 462.0 21.2 1.619.1 275.0 699.6 31.2 2,110.4 154.3 230.0 9.7 877.0 90.0 210.1 7.4 526.6 232.0 434.6 11.5 1.272.9 20.6 46.3 1.0 108.7 56.3 91.8 3.0 307.6 47.6 91.4 3.5 263.6 40.4 61.6 1.8 218.9 301.1 604.2 16.3 1,623 4 33.1 62.4 4.6 172.0 907.3 1.780.9 58.5 4.611.8 267.5 606.6 154 1381.1 36.6 29.0 1.0 161.1 481.7 085.5 24.0 2,637.4 259.3 135.5 9.1 743.5 63.5 192.3 6.3 4337 542.4 954.6 25.7 2.926.3 33.0 95.2 11.5 178.5 40.7 90.0 1.0 272.5 124.3 202.0 0.4 642.5 24.2 42.0 2.0 129.0 352.6 157.2 11.7 806.0 617.0 1,079.2 29.4 3344.5 27.0 16.1 3.8 92.1 19.8 305 1.1 111.2 236.0 455.7 16.9 1.243.0 153.0 281.2 14.3 877.1 93.2 206.2 3.4 501.9 266.7 266.7 9.0 1,011.8 15.1 27.3 4.6 85.8 226 165 194 224 223 189 222 246 211 183 220 174 143 245 229 146 153 246 160 273 232 279 233 Hii 254 132 193 283 220 215 120 260 225 239 246 227 161 247 54 204 196 104 170 206 56 206 224 202 259 212 170 TOTAL 23.653.9 10.237.9 17.023.0 623.3 52,330.g 221 Highest State 2,932 4 1.059.8 1.780.9 58.5 5,612.l 204 Lowest Slate 19.0 15.1 16.1 0.8 82.3 54 AVERAGE 454.9 196.9 342.0 12.0 1.006.5 205 `In dollars, based on 1985 resident populahon eshmates. U.S. Bureau of the Census. "based on 1903 data. 48 ACTIVITIES OF THE INTERAGENCY COMMITTEE ON SMOKING AND HEALTH The Interagency Committee on Smoking and Health was established as part of the Comprehensive Smoking Education Act of 1984 (P.L. 98-474). This Committee advises the Secretary of Heatth and Human Services in a wide range of issues pertaining to smoking and health. Specifically, the Committee is charged with the coordination of research and education programs and maintenance of a liaison with ap- propriate Federal and non-Federal agencies relating to smok- ing and health. The Committee is chaired by the Surgeon General, Dr. C. Everett Koop, and comprises five non-Federal members who are scientists and physicians representing private entities involved in informing the public about the health effects of smoking and representatives from the Federal agencies listed below. The Executive Secretary of the Committee is John L. Bagrosky, Associate Director of the Office on Smoking and Health. Federal Agencies Department of Agriculture Department of Defense Department of Education Department of Justice Department of Labor Environmental Protection Agency Federal Trade Commission General Services Administration Veterans Administration U.S. Public Health Service Centers for Disease Control Office of the Director Office on Smoking and Health, Center for Chronic Disease Prevention and Health Promotion Office of the Assistant Secretary for Health Office of Disease Prevention and Health Promotion Office of Minority Health National Institutes of Health National Cancer Institute National Heart, Lung and Blood Institute National institute of Child Health and Human Development Health Resources and Services Administration Indian Health Service Alcohol, Drug Abuse, and Mental Health Administration National Institute on Drug Abuse The Interagency Committee on Smoking and Health held its inaugural meeting on October 1,1986. The meeting was an orientation session for the Committee members. Dr. Koop opened the meeting with an overview of the Committee's mandate and its responsibilities. Dr. John Holbrook, Univer- sity of Utah School of Medicine, presented the medical and historical perspectives of the smoking issue; Mr. Matthew Myers, Coalition on Smoking and Health, gave a history of the Comprehensive Smoking Education Act of 1984; and Mr. Donald Shopland, Office on Smoking and Health, spoke on smoking prevalence. The Committee voted that in future meetings it would examine in depth a single topic within the smoking issue. The February 12, 1986 meeting was devoted to a review of the impact of advertising and promotion of tobacco products. Presentations included opening remarks by the chairperson, Dr. Koop; an overview of the promotion of tobacco products by Dr. Kenneth E. Warner, University of Michigan; Dr. Virginia Ernster, University of California, spoke on tobacco advertising over the years; Dr. Elizabeth Whelan? American Council on Science and Health, examined the coverage of the health hazards of smoking in magazines; and Dr. Paul Magnus, National Heart Foundation of Australia, spoke on cigarette advertising and its influence on the media's coverage of the issue. Dr. Ruth Roemer, University of California in Los An- geles, although unable to attend, submitted her paper on national legislative strategies to control cigarette advertising, promotion, and marketing. The Committee met on June 4, 1988 to review the issue of free cigarette sampling and other related marketing techni- ques. After opening remarks by Dr. Koop, Dr. Edward Popper, Northeastern University, gave an overview of cigarette sam- pling and couponing; Mr. Donald Garner, Southern Illinois University School of Law, reviewed the legal and public policy aspects of tobacco sampling; Dr. Richard Daynard, North- eastern University and Mr. John Kirkwood, Chicago Lung Association, examined two community efforts to ban tobacco sampling. At the conclusion of the meeting, Dr. Koop, in his role as physician, Surgeon General, and Chairperson of the Committee, called on local organizations concerned with health and particularly the health of children to initiate immediate steps to control cigarette sampling in their communities. Smoking and its impact on minority populations was the topic of discussion at the meeting on March 31, 1987. Dr. Aifred Marcus, Jonsson Comprehensive Cancer Center at the University of California in Los Angeles, spoke on the prevalence of smoking among minorities; Dr. Claudia Baquet, National Cancer Institute, presented statistical information on the incidence of smoking-related diseases in minorities; Dr. Emilio Carillo, Harvard School of Public Heafth, discussed effective interventions in minority communities; and Dr. Alan Blum, Baylor College of Medicine, explained various market- ing and advertising campaigns and techniques targeted toward minority populations. At the conclusion of the meeting, Dr. Koop called for support of minority leadership in efforts to counteract the forces that are encouraging the uptake of smoking by minority youth and the continuation of smoking by minority adults. The General Services Administration printed its new smoking regulations in the Federal Register on December 8,1986. The INTERAGENCY COMMllTEE ON SMOKING AND HEALTH 51 implementation of these regulations by Federal agencies was the topicof the October 15,1987 meeting. Terence C. Golden, Administrator of the General Services Administration, dis- cussed the new regulations, their development and implemen- tation; Dr. Barbara Hulka, University of North Carolina in Chapel Hill, presented the heafth effects of exposure to en- vironmental tobacco smoke; and Mr. John Pinney, John F. Kennedy School of Government at Harvard University and former Director of the Office on Smoking and Health, spoke on worksite smoking policies. Following the speakers' presentations, various Federal agency representatives sum- marized the policies within their individual departments and the enforcement of such policies. The meeting held on February 18,1988, entitled Tobacco and Health Internationally, discussed the health effects of tobacco use internationally and activitiesof transnationaltobaccocom- panies to expand Third World markets for tobacco products. Dr. Judith Longstaff Mackay, Hong Kong Council on Smoking and Health, discussed U.S. tobacco activities in Asia; Dr. Gregory Connolly, representing the American Public Health Association, presented informationon the activities of transna- tional tobacco conglomerates; Dr. Ted T.L. Chen, National Department of Health in Taiwan and University of Mas- sachusetts in Amherst, spoke on tobacco use and promotion in Taiwan; Mr. James Swomley, American Lung Association and International Union Against Tuberculosis and Lung Dis- ease, discussed the positions of these organizations on inter- national tobacco use and tobacco trade policies; and Mr. Michael Pertschuk, the Advocacy Institute, discussed health policy implications of international tobacco trade. Dr. Koop called on government agencies and private organizations to increase their activities on tobacco and health internationally. He added that health warnings should be required on all packages of cigarettes that are exported, in the language of the receiving country, and that countries should work together more effectively to coordinate an aggressive worldwide cam- paign to curb the use of tobacco. The following abstracts summarize papers submitted or com- ments made to the Interagency Committee at each of the respective meetings. October 7, 1985: Inaugural Meeting Comments by: Koop, C. Everett,M.D. Surgeon General, U.S. Public Health Service and Deputy Assistant Secretary for Health, Washington, D.C. An estimated 340,000 Americans die prematurely each year because they smoke. Allowing for population growth, cigarette composition, and smoking patterns, as many as 10 million Americans may have died prematurely over the past 20 years because they smoked cigarettes. The Interagency Committee on Smoking and Health should resolve to reduce those premature deaths to zero. The Com- mittee remains committed to reducing the proportion of adults who smoke to below 25 percent by the year 1990. Increased awareness of smoking hazards through public information and education programs, including physician and public health officials support, is the only way to achieve this goal. Shopland, Donald FL, and Brown, Clarlce, Office on Smoking and Health, Rockville, Maryland. "Changes in Cigarette Smoking Prevalence In the U.S., 1955-l 983." A significant decline in the percentage of current smokers among the male population occurred from 1964 to the most recent survey date, 1983, from an estimated 52.9 percent in 1964 to 35.2 percent in 1983. There has also been an increase in the percent of males who quit smoking and in the percent of males who never smoked on a regular basis. There has been less of a change in the adult female popula- tion. Findings indicate that afthough there was an increase in the percent of former smokers among adult females between 1965 and 1970, there was a less significant change between 1970 and 1983 in either the percent of former smokers or persons who had ever smoked. Patterns of smoking prevalence among adults reflect the changes in initiation and adoption of cigarette smoking among teenagers. The prevalence of cigarette smoking among high school seniors declined to its lowest point in 1984, the most recent survey date, with only 18.7 percent of all seniors surveyed indicating that they were daily smokers. Since 1977, there has also been a higher prevalence rate among teenage girls as compared to teenage boys. Comments by: Myers, Matthew, Coalition on Smoking Or Health, Washington, D.C. "&tory of the Comprehenslve Smoking Education Act" The Comprehensive Smoking Education Act was first intro- duced in the fall of 1981; it became law in 1985. Public Law 98-474 is the most important smoking legislation enacted in the last 15 years. The Act has three primary provisions: 1) all cigarette advertisements and packages are to rotate the four new specific informative health warnings; 2) cigarette com- panies are to disclose to the Secretary of Health and Human Services (HHS) a complete list of all ingredients added to tobacco during the manufacture of cigarettes; and 3) the Secretary of HHS is to develop and implement a program to inform the public of the health hazards of smoking. This latter provision should include the coordination of all research and educational programs and activities related to smoking and health, and the creation and maintainance of a liaison between Federal agencies, State and local governments and the private sector. Factors prompting the effort to legislate this bill included: 1) the Federal Trade Commission report that the current health warning was no longer effective; 2) the Surgeon General began a new series of reports on the Health Consequences of Smoking; 3) data from the Office on Smoking and Health and other Federal agencies showed that increasing trends in smoking were related to advertising and educational efforts; and 4) the major voluntary organizations created legislative and lobbying offices in Washington, D.C. 52 Comments by: Holbrook, John H., University of Utah, Salt Lake City, Utah. "Hlstorlcal and Medlcal Perspectives on Smoklng." In the 1930s and 1940s reports began linking smoking with cancer, heart disease, and adverse effects on the unborn chikf. In the 1950s isolated cases were associating smoking with excess morbidity and mortality primarily due to cancer, lung cancer, emphysema, bronchitis, and coronary heart dis- ease. The first Surgeon General's report in 1964 directly stated that smoking was causatively associated with lung cancer and bronchitis. Subsequent reports further detailed the health effects associated with smoking. The types of evidence cited in the reports include: epidemiologic, experimental, clinical, and pathologic evidence. Factors effecting the level of addic- tion and the adverse heafth effects depend upon: dose, genetic makeup, environmental exposures, and underlying medical disorders of each individual smoker. Major biomedi- cal effects of smoking include: atherosclerosis (cardiovas- cular problems), cancer, chronic obstructive lung disease (emphysema and bronchitis), and the effects on the unborn fetus during pregnancy (low-birthweight). February 72, 7986: Advertising and Promotion of Tobacco Products Warner, Kenneth E., Department of Health Planning and Administration, School of Public Health, University of Michigan, Ann Arbor, Michigan. "Promotion of Tobacco Products: An Overview of the Issues." Cigarettes are the Nation's most heavily advertised consumer product. In 1964, the industry devoted over $2 billion to promoting the product, more than $8 for every man, woman, and child (smokers and nonsmokers). in 1980, cigarette ads accounted for just under 15 percent of product advertising in newspapers, 10 percent in magazines, and almost a third of all outdoor advertising. Over one half of all revenues from newspaper supplements represented cigarette advertising and nearly one in every two billboards carried an advertise- ment for cigarettes. Increasingly, the tobacco companies are relying on sponsorship of sports and cultural events, free or subsidized distribution of product samples, and "social issue" advertising campaigns to promote the image of their product. Massive cigarette advertising reduces media coverage of the heaith effects of smoking, which in turn, contributes to a greater prevalence of smoking and smoking-related disease. The problem of cigarette promotion can be addressed several different ways: imposing a complete ban on all promotion of tobacco products; eliminating the seductive imagery of cigarette advertising; reducing misleading advertising by re- quiring the tobacco industry to disclose that there is no con- troversy on the hazards of smoking; and mounting boycotts of publications that accept cigarette advertising, cancelling sub- scriptionstothosethatdoand informingthem as tothe reason. Ernster, Virginia L., Department of Epidemiology and International Health, School of Medicine, Univer- sity of California, San Francisco, California. "Tobacco Advertising Over the Years: Types, Themes, Voluntary Codes and Related Legislation." Over the last haif century there has been an increase in cigarette advertising and promotions targeted toward women; the emergence.of a number of cigarette brands designed exclusively for females is one indication of the targeting of women as cigarette consumers. Approximately $2 billion is currently being spent by the tobacco industry to advertise and promote cigarettes in the U.S. In addition, smokeless tobacco advertising and promotions are on the rise. Underwriting sporting events has been a major form of promoting smokeless tobacco. Advertisements have suggested that smokeless tobacco is an acceptable alterna- tive to cigarette smoking. Until 1960, attempts to regulate cigarette advertising were concerned primarily with the false health benefits claimed for specific brands. Since 1960, the concern has been with ensuring that the scientific facts about cigarettes be included in advertisements. More needs to be learned about audiences targeted fortobac- co advertising, promotional efforts, and the effects of advertis- ing on usage patterns by various groups. Continued monitoring of advertisements for themes and validity of claims is necessary for the ongoing formulation of public policy on tobacco advertising. Whelan, Eilzabeth M., and White, Lawrence, American Council on Science and Health, New York, New York. "How Well Do American Magazines Cover the Health Hazards of Smoking?" in January 1986, the American Council on Science and Health commissioned a study of magazine coverage of health hazards of smoking. A select group of 20 mass circulation magazines were surveyed. The study tabulated all articles published in the last five years on selected health hazards and health promotion topics, then determined how many of those mentioned smoking. The study ranked how highly smoking was emphasized as a risk factor in selected articles dealing with specific diseases. The tabulations were then associated with acceptance of cigarette advertising by each publication. From the survey, several conclusions were made. Magazines that accept cigarette ads are less likely to report on hazards of smoking. Researchers hypothesize that this is less the result of direct tobacco industry pressure than of selfcensor- ship, based on editors' fear of losing advertising revenues. Banning cigarette advertising may result in better coverage of the health hazards of smoking; however, the tobacco industry is firmly ensconced in the American economy; inasmuch as two major tobacco companies own two large food con- glomerates. R may be that the government must therefore assume more responsibility in educating the public on the 53 health hazards of smoking. Such campaigns could easily and fairly be financed by an increase in the cigarette excise tax. Magnus, Paul, The National Heart Foundation of Australia, Canberra City, Australia. "Aspects of the Tobacco-Media Story and Cigarette Advertising." Early U.S. mediacoverage of thecigarette smoking and health issues was limited. Most women's magazines still shun the smoking and health story, due to the powerful influence of the activities and advertising of the tobacco industry. There has been significant undercoverage of the smoking issue from the first major scientific discoveries in the late 1930s and early 195Os, dueto thecigarette manufacturers'economic influence on advertising revenues. There is little evidence that massive cigarette advertising revenue may have influenced newspaper coverage of smok- ing and health issues. However, for women's magazines the evidence is convincing, and supported by accounts from health wriiers. Women's magazines seem to censor them- selves on the issue, free from direct intervention from the tobacco industry. A primary function of the print media is to inform the public. With over 40 years' growing scientific evidence available on smoking and health, the cumulative evidence filtering through the media has inevitably been large. But it has been so attenuated and small compared with what should have been, that the American public remains demonstrably underin- formed. Cigarette advertising revenue impedes free speech and the dissemination of health information and thus con- tributes to smoking rates and subsequent unnecessary deaths. Roemer, Ruth, School of Public Health, University of California, Los Angeles, California. "National Leglslatlve Strategies to Control Clgarette Advertlslng, Promotlon, and Marketlng." Banning cigarette advertising and promotion, increasing the tax and price of cigarettes, and strengthening smoking educa- tion are the three most important legislative strategies the United States can adopt to control smoking. Worldwide legislative activities are described; evaluating these strategies is, however, difficult because of the many factors involved in tobacco use. Various countries have adopted total bans, strong partial bans, and moderate or minor bans on cigarette advertising. The United States, having already adopted a minor ban, may choose between total or strong partial bans: a total ban is recommended, as convey- ing a stronger message and as more enforceable. First amendment considerations may, however, require adoption of a partial ban. Many countries have found tax and price increases effective, and academic work shows that price elasticity affects the demand for cigarettes. Tax increases are objected to on the grounds that they are regressive; however, the advantages of having to give up smoking, particularly for the young, who are often only temporarily poor, outweigh any unfair financial losses. Either the Federal excise tax or State taxes might be raised: raising the Federal tax would be more effective, en- forceable, and revenue-neutral. Researchers have demonstrated that anti-smoking education is a necessary companion to anti-smoking legislation: further funding of anti- smoking education programs should be legislated. An adver- tising ban will also aid education programs by releasing the media from self-imposed censorship on smoking that is motivated by fear of losing advertising revenue. An important publication is now in preparation that will en- courage members of Congress to take the measures recom- mended here. R will show deaths, days of hospitalization, and medical care costs associated with the smoking diseases in each state. June 4, 1986: Free Cigarette Sampling Daynard, Richard A., President of Group Against Smoking Pollution (GASP) of Massachusetts, and Professor at Northeastern University School of Law, Boston, Massachusetts. "Case Study of Successful Community Efforts to Ban Cigarette Sampling." Whether cigarette sampling is done directly (e.g. handouts), or indirectly (e.g. print media or couponing and mail distribu- tion), tobacco companies use carefully planned strategies and target specific populations. Often. samples fall into the hands of underage youth and are viewed by many as a public nuisance. Successful efforts to ban the distribution of free cigarette samples are described and recommendations are made to encourage additional bans. Suggestions considered crucial to asuccessful ban on sampling include identifying one groupto lead the legislative efforts and rallying community and political support. This should be complemented with a credible legal resource that can provide on-the-spot legal expertise. Comments by: Klrkwood, John L., Executive Director of the Chicago Lung Association, Chicago, Illinois. Tobacco promotions and advertisements encourage youth to begin smoking, contrary to the industry's claim that the focus of their advertising is to encourage smokers to switch brands. Therefore, the Committee is urged to support a ban on all tobacco promotions and advertisements. If this is not feasible, restrictions should be enforced on advertising directed toward youth. All role models should be removed from advenise- ments and 25 percent of media fees should be donated to counter-advertising groups. In addition, distribution of free cigarette samples and sponsorship of events should be banned. 54 Popper, Edward T., College of Business Admini- stration, Northeastern University, Boston, Massachusetts. "Sampling and Couponlng Promotional Actlvlty In the Domestlc Clgarette Market." Since 1963, advertising expenditures for tobacco products have remained relatively flat while promotional expenditures amounted to 52.1 percent of tobacco advertising budgets in 1983. This shift is a direct result of restrictions imposed to eliminate the tobacco industry's use of broadcast advertising and the limited market response to print media. Tobacco companies currently rely on sampling and couponing to stimu- late new usage of their products. To more accurately reflect these changes in advertising and promotional expenditures, the Federal Trade Commission data collection system should be modified. Also, more research should be conducted to study the effect of promotional strategies on the consumer. Garner, Donald W., Southern Illinois University School of Law, Carbondale, Illinois. "Tobacco Sampllng, Public Policy and the Law." Product liability laws that hold sellers of dangerous products liable for civil damages have never been enforced against cigarette manufacturers. The tobacco industry would have the publicbelieve that tobacco promotions and advertising are protected under the First Amendment's freedom of speech clause, the Cigarette Labeling and Advertising Act, and the Smokeless Tobacco Education Act. This, however, is not the case. States possess the constitutional authority to protect the public from the tobacco industry and the negative effects of smoking. Even if cigarette and snuff advertising and sam- pling were accorded "commercial speech" protection, com- plete or limited prohibition is well within the constitutional power of the state. From 1970 to 1983, the cigarette com- panies increased their sampling expenditures from $12 million to $126 million; a lo-fold increase. Future anti-sampling legislation should be shaped by two sampling realities: 1) the state has an obligation to protect children as well as adults and 2) limited sampling is almost impossible to enforce when a law permits sampling to adults. March 31, 1987: Smoking and Minority Populations Comments by: Blum, Alan, Department of Family Medicine, Baylor College of Medicine, Houston, Texas. "Trends In Marketlng and Cigarette Advertlslng Towards Black and Hispanic Populatlons." Afthough overall cigarette consumption has declined (about one percent per year since 1980) America still has one of the highest smoking rates in the world. An increasing percentage of smokers is in the minority populations. Trends in advertising and marketing have been shifting towards minority popula- tions; tailoring marketing strategies towards Spanish- speak- ing consumers while incorporating the idiosyncrasies of both the language and country in brand awareness. There is a saturation of black-oriented publications and billboards with cigarette advertising campaigns. Between 25- 40 percent of all eight sheet advertising in predominantly black areas is for cigarettes. There is a shift; however, focusing on sampling, couponing and the sponsorshipof sports and enter- tainment events (i.e., concerts, dance companies, and soccer tournaments). Although necessary, counter-advertising campaigns are dif- ficult to develop, especially with the fear of losing tobacco industry revenue. There has been a lack of involvement from ethnic civil organizations (i.e., NAACP, National Urban League), to support government and voluntary health agency efforts to prevent and end smoking, primarily due to large amounts of tobacco industry contributions. Carrlllo, Emlllo J., American Institutes for Research, Harvard School of Public Health, Cambridge, Mas- sachusetts. "A Rationale for Effective Smoking Preventlon and Ces- sation Interventions In Mlnorlty Communities." In order to be successful, smoking prevention and cessation activities aimed at minority communities must consider the characteristics of those communities. Although U.S. minority communities are heterogeneous, they have common ele- ments, which when identified, assist in the development of targeted smoking prevention and cessation activities. Some basiccommonalities among minority populations are as follows. Socio-economic: Minority communities generally have lower median incomes, lower educational levels and reside in more urban and innercity locations that exposethese groups to greater environmental hazards than the general non-minority population. Social-cultural: Minority com- munities generally place a strong emphasis on both the nuclear and extended family, and have a shared sense of kinship and close community ties (so&-economic conditions have resulted in geographical clustering of minority com- munities); possess key central reference points: churches, community agencies, barbershops, laundromats, and the general store; place importance on local community advo- cates, such as unpaid and unaffiliated community leaders; and maintain linguistic and cultural affinities. Socio-demographic: Minority populations are young in age and have a higher birthrate ratio than their non-minority counterparts. Recommended strategies for intervention are: encouraging group work in smoking cessation efforts;stressing the benefits to the community and family in better health habits: stressing the short-term disadvantages of smoking; providing short- term products of groupefforts; and useof appropriate vehicles to carry the anti-smoking message. An accurate analysis of the targeted audience is paramount i.e., identifying the level of development, level of literacy, prevalent language, key community activities, and popular media types. The specifii characteristics and culture of adolescents in each community should be addressed, as well as the life changes they are undergoing such as, migration and transition from school to work. Smoking and pregnancy risks must be strongly associated. 55 Marcus, Alfred C., and Crane, Lorl A., Jonsson Comprehensive Cancer Center, University of California, Los Angeles, California. "Current Estlmates of Adult Clgarette Smoklng by RacelEthnIclty." An analysis of data obtained from the 1985 National Health Interview Survey (NHIS) indicates the overall smoking rate among blacks is noticeably higher than it is for whites and Hispanics, with whites ranking second and Hispanics third. Although black males continue to smoke at a higher rate, which is estimated at nearly 40 percent, Hispanic males are smoking at virtually the same rate as white males. Among females, blacks are again ranked first, with whites ranked a close second, and Hispanics third. There is a decline in cigarette smoking by white, black, and Hispanic males. Although females also showed a decline in smoking during the same period (1978-l 985), the absolute decline was typically about half that of males. Whites are much more likely to be heavy smokers than black and Hispanic smokers. There is also a recent decline in the percentage of white and black females who have never smoked. Much more couM be done to encourage physicians to perform brief behavioral counseling with their smoking patients, Pre- vious research has shown that physician advice to quit smok- ing can increase the quit rate from five percent per year to a quit rate approaching 10 percent. The U.S. Public Health Service as a whole, and especialfy the Office on Smoking and Health and the Office of the US. Surgeon General, might also intensify their efforts to promote physician-based smoking cessation programs as public health policy in the United States. Baquet, Claudla R., Minority Field Program, Special Populations Studies Program, Division of Cancer Prevention and Control, National Cancer Institute, Bethesda, Maryland. "The Assoclatlon of Tobacco to Cancer and Other Health Condltlons In Mlnorlty Populatlons." More than 80 percent of the excess mortality observed among blacks and other minorii populations is attributed to six causes of death: cancer, cardiovascular diseases and stroke, chemical dependency, diabetes, homicide and accidents, and infant mortality. For blacks (males and females) excess deaths from these major causes accounted for approximately 47 percent of the total annual deaths among those age 45 years or younger during 1979 through 1981, and for almost 43 percent of the deaths among those age 70 years or younger. Cigarette smoking has been identified as a major cause for cancer (30 percent of all cancer deaths), coronary heart disease, peripheral vascular diseases, and bw birthweight/in- fant mortality. In addition, the risk of certain cancers is greatly increased when tobacco use is combined with other ex- posures, such as asbestos in the workplace or excessive alcohol consumption. The adverse health effects of involun- tary smoking on nonsmokers has also been documented. R is apparent that tobacco use (cigarettes and smokeler contributes significantly to the excess incidence, morbidi and mortality experienced by U.S. minority groups. In addfth to a distinct cancer experience, minorities also have 0th tobacco-related conditions at rates that differ from the gene1 population, i.e., cardiovascular and respiratory diseases, Ic birthweight and infant mortality. Findings from an analysis of (NHIS) data suggest th Hispanic rates fortobacco-related disease may increase in tf future and that special attention to cessation and preventic efforts aimed at this group is needed. To be successful, effor to reduce and prevent tobacco-related morbidity and mortali in minority communities must be based on representative an accurate population-specific data, as well as cultural relevant interventions. October 15, 1987: GSA Regulations Hulka, Barbara S., Department of Epidemiology University of North Carolina, Chapel Hill, Nort Carolina. "Health Effects of Exposure to Envlronmental Tobacco Smoke." The predominant source of environmental tobacco smoks (ETS) is sidestream smoke (SS) emitted from the smolderinr end of cigarettes. While SS is known to contain toxic an; carcinogenic compounds, SS is diluted and it: physiocochemical characteristics are altered in the formatior of ETS. The most consistent findings on adverse health effects of ETS are on the respiratory tracts of young children. There is a dose-response relationship between risk of respiratory problems and nlJmber of smokers in the home and/or number of cigarettes smoked. Studies from many countries indicate that the risk of lung cancer to nonsmoking spouses of smokers is approximately 30 percent greater than the risk for nonsmoking spouses of nonsmokers. A positive association between number of cigarettes smoked per day and the relative risk has been reported. The question as to whether chronic exposure to ETS enhan- ces the risk of morbidity or mortality from cardiovascular diseases has yet to receive adequate study. Comments by: Golden, Terence C., Administrator, General Ser- vices Administration, Washington, D.C. The General Services Administration's (GSA) regulations for smoking in Federal office buildings were developed in the interest of the health and safety of the Federal worker. In addition, the regulations were developed with the full coopera- tion and support of the entire Federalcommunity, so therefore, they were not regulations of the GSA, but for the GSA. The regulations were pati of the goals and objectives of the GSA 56 for improving the quality of the working environment of the Federal employee; air quality was the beginning. Various problems came into play; however, as the buildings were old, and heating, air-conditioning, ventilation, and overall air cir- culation were poor. The response to the regulations has been positive as the regulations take into consideration the needs of the non- smokers to a smokefree environment and the needs of the smokers to have space available for smoking cigarettes. Comments by: Pinney, John M., Executive Director, Institute for the Study of Smoking Behavior and Policy, John F. Ken- nedy School of Government, Harvard University, Cambridge, Massachusetts. Over the past ten years th.e U.S. has made great progress in establishing an awareness of the issues of cigarette smoking, especially in Federal office buildings. The medical and scien- tific evidence supporting the fact that cigarette smoking has adverse effects on a person's health has been paramount in swaying the public and providing a vehicle of awareness for the health effects associated with cigarette smoking. This awareness also comes from a variety of issues: 1) findings that environmental tobacco smoke is a cause of disease in healthy nonsmokers, 2) nonsmokers' vocalization of the prob- lem, and 3) the fact that the issue of smoking in the workplace is a health and safety issue and not one of a person's personal rights. The public's response to the information on smoking has been dramatic; more states and communities are passing ordinan- ces restricting smoking in public places and are establishing worksite smoking policies. The efforts of the General Services Administration and the Department of Defense have assisted in bringing about a greater awareness of the smoking and health issue and have changed public attitudes toward cigarette smoking. February 18, 1988: Tobacco and Health Internationally Comments by: Mackay, Judith L, Executive Director, Hong Kong Council on Smoking and Health, Hong Kong. In Asia, the American and British tobacco companies are promoting tobacco in ways long banned in the -United States. Political pressure is being brought to bear on Asian govern- ments to allow the promotion of American tobacco products. The threat of trade sanctions has now become a pattern in Asia. American tobacco is being sold in Asia by different standards than those that apply to its sale in the U.S., i.e., without any health warnings on the packets. In addition, the tar content of cigarettes sold in Asian countries is higher than in the United States. A recommendation of the Sixth World Conference on Smoking and Heafth in November 1987 was that, as a minimum, no promotion should be allowed in developing countries that is illegal in the country of origin. While tobacco markets are decreasing in Western countries, transnational tobacco companies are turning East; smoking is increasing in developing countries at a rate of two percent per annum. The World Health Organization (WHO) report predicts that smoking-related diseases will appear in develop- ing countries before communicable diseases and malnutrition have been controlled, and thus the gap between rich and poor countries will widen further. China is the biggest producer and the biggest consumer of tobacco in the world. The large international companies are setting up joint ventures with the Chinese. They have also started sponsorship of athletic and sporting events in China. In 1987, the Hong Kong government became the first Asian government, and only the second worldwide, to ban the im- portation, manufacture, and sale of smokeless tobacco. In an effort to eliminate the ban, the U.S. tobacco firms mobilized various U.S. government and industry representatives. The Hong Kong government's official reply was that this was an internal health matter; therefore, importation from any country was banned and the local manufacture would become illegal. Governments in developing countries are vulnerable on the tobacco issue, particularly when they become doubly bound to foreign interests. Comments by: Connolly, Gregory N., Representing the American Public Health Association, Washington, D.C. "Transnatlonal Tobacco Trade." The United States has had great success relative to the decline in the prevalence of smoking. However, this success translates to marketing tobacco to young people in developing nations. There are seven transnational tobacco companies, of which four are based in the U.S. Excluding state monop- olies and companies in Socialist nations, they produce ap- proximately 80 percent of the world's cigarettes. There has been a 73 percent increase since 1968 in smoking prevalence throughout the world. The World Health Organization (WHO) estimates that last year, one billion persons throughout the world smoked five trillion cigarettes, and 2 l/2 million smok- ing-attributable deaths occurred. Since the early 1970s sharp increases in smoking rates, followed in turn by increases in smoking-attributable death and disease, occurred in Brazil and other Latin American countries. The multinationals now see the state-owned mo- nopolies in the Far East as significant barriers to their penetra- tion of Asia. When the multinationals penetrate, they transform how tobacco is presented, how it's advertised, and how it's promoted. The result is the creation of new demand, particularly among females who are targeted. In mid-1 985, high trade deficits with Japan gave new leverage to cigarette companies to merge their interest with the U.S. Trade Office to reduce the U.S. trade imbalance in the Far 57 East. The Office of the US. Trade Representative initiated a trade investigation against Japan for failure to allow free access to the cigarette market by the multinational companies. Japan still allows cigarette advertising on television. In April 1987, there were over 2,000 Western style advertisements on television, and it ranked number two of all lV advertising. Although the female smoking rate is bw in Japan, there has been heavy advertising for products like Virginia Slims and the Japan Tobacco, Inc. brand called Misty, an upscale French cigarette. They are promoting this product to the nonsmoking female; for the adolescent market, there is a new brand called the Dean cigarette, modeled after the American adolescent hero, James Dean. tt could be argued that the sale of tobacco in the Far East will aid the tobacco farmer in the U.S. Historically, when the multinationals went into Latin America and Africa, and greatly expanded tobacco production in Brazil, Zimbabwe, and Malawi, the U.S. tobacco farmer lost dominance in the world market. By 1980, 20 percent of the tobacco in American cigarettes was being re-exported to the U.S. from efforts by the multinationals. "U.S. Tobacco Trade with Taiwan." Comments by: Chen, Ted T.L., National Department of Health, Taiwan, University of Massachusetts, Amherst, Massachusetts. Several factors have contributed to the current state of American tobacco trade to Taiwan: the decline of the U.S. smoking population, the high trade deficit, a large smoking population in Taiwan, the monopoly of tobacco sale by the national government in Taiwan, and Section 301 of the 1974 Congressional Trade Act. The sale of tobacco in Taiwan is pushed hard by the US. government. In 1985, the U.S. Trade Representative negotiated with the Taiwan government for tobacoo trade with Section 301 of the Congressional Trade Act. In January 1987, American tobacco agents began the sale of American tobac- cos in Taiwan. Cigarette smoking is an adult male dominant behavior in Taiwan. The data show that the cigarette smoking rate in Taiwan is very high among men, over 50 percent, but very low among women, below 7 percent. The smoking rate among youth has been low, especially among teenage girls. Some of the primary strategies that the foreign tobacco agents have used to sell tobacco in Taiwan is to target the sale of tobacco to youth and women. Youth smoking is prohibited at home and at school, and is relatively low. Women smoking is not con- doned anywhere, and is very rare. This virtue of cultural practice unfortunately has been looked upon by American tobacco agents as an opportunity for exploitation. According to Tung's 1987 study, teenage smoking in Taiwan may be on the rise. Over 80 percent of the youth smoking cigarettes indicated a preference for smoking foreign cigarettes. Moreover, the director of the National Bureau of Tobacco and Wine Monopoly indicated that the volume of foreign tobacco imports to Taiwan between January 1 to October 31,1987, is about 22 times more than the total import of the year 1986. The case of marketing of American tobacco in Taiwan has both domestic and international significance and implication. The case study shows that American cigarette companies, with the helpof the U.S. government, have found a new frontier in Taiwan. Comments by: Swomley, James W., International Union Against Tuberculosis and Lung Disease, New York, New York. "The Activities of the World Health Organlzatlon Regard- ing Transnatlonal Tobacco Trade." There is a growing awareness worldwide about the tobacco problem. Not only is the tobacco industry killing Americans at home, more than 300,000 each year, but it is killing 2.5 million people worldwide each year. The United States tobacco industry is sharing with the tobaax, industry in England, and the tobacco industry in the rest of the world in the rising mortality total worldwide. The International Union Against Tuberculosis and Lung Disease held a regional meeting in the Sudan where 60 percent of the tobacco is imported. Resources in the Sudan, whether its own agricultural effort or hard currency, are going fortobacco. The government is indicating an interest in doing something about the problem. A resolution, passed by the Board of Directors of the American Lung Association, addresses the worldwide issue: "Whereas smoking causes an estimated 2.5 million deaths each year worldwide, and whereas the use of tobacco products is in- creasing in Third World countries, and whereas U.S. govern- ment is using trade policy, including trade sanctions, to actively encourage the export of American tobacco products; now therefore, be it resolved that the American Lung Associa- tion calls upon the U.S. government to accept its international responsibility to protect and promote health throughout the world by applying the Surgeon General's goal of a smoke-free society to its international activity. Be it further resolved that import restrictive measures and/or highertariffs developed by our trading partners, not be considered actionable under U.S. trade laws, nor be criticized as protectionistic measures. Fur- thermore, be it resolved that trade in tobacco products no longer be considered as an item for trade negotiations." Comments by: Pertschuk, Michael, American Cancer Society National Board of Directors, Advocacy Institute, Washington, D.C. "U.S.-Based Transnatlonal Tobacco Trade and Advertls- ing: The Implications of International Health Policy." The U.S. government's involvement in the export of advertising practices that would violate U.S. laws designed to 58 protect American youth should be examined. The aggressive pursuit of Third World tobacco cultivation by the transnational companies themselves has harmed American tobacco farmers far more than protectionist policies. evident that, desperate over the shrinking domestic markets, the tobacco companies have adopted the very same strategies for promoting smoking among women, minorities, the impoverished, and the undereducated in the United States, as they have in the countries of Asia, Europe, and in The health of U.S. citizens is directly affected by the tobacco industry's Third World strategies. tt is becoming increasingly Latin America. 59 LEGISLATION LEGISLATIVE SUMMARY During the 1930s and 1940s scientific reports began to as- sociate smoking with cancer, heart disease, and other ad- verse health effects. This evidence continued to mount during the 1950s. On June 1, 1961, the presidents of the American Cancer Society, the American Public Health Association, the American Heart Association, and the National Tuberculosis Association sent a letter to President Kennedy urging the formation of a Presidential commission to study the implica- tions of the tobacco problem. Under the leadership of Surgeon General Luther L. Terry, an advisory committee was formed to assess the available knowledge and make appropriate recommendations. On January 1 I, 1964, the United States Public Health Service released the first Surgeon General's report on Smoking and Health. The Report concluded that cigarette smoking was causally related to lung cancer; was the most important cause of chronic bronchitis and increases the risk of dying from chronic bronchitis and emphysema; and that it was prudent to assume that cigarette smoking caused coronary disease. The Report concluded that cigarette smoking is a health hazard of sufficient importance to warrant appropriate remedial action. During the 1970s and 1980s subsequent Surgeon Generals reports established the scientific evidence that cigarette smok- ing is the single largest cause of preventable morbidity and mortality in the United States. In 1986, the Public Health Service produced a Surgeon General's Report which established the link between "passive smoking" and disease in healthy nonsmokers. In response to the growing awareness of the health hazards associated with cigarette smoking and the acknowledgement of the rights of nonsmokers to a smoke-free environment, an upsurge in tobacco-related legislation hasoccurred at the National, State and local level. As of December 1987, nearly 100 congressional bills address- ing smokingor tobacco-related issues had been introduced during the 98th, 99th, and 100th sessions of Congress. Al- though the 100th Congress continues through 1988, for pur- poses of this report only those bills introduced through December 31, 1987 are mentioned. A number of bills refer- ence smoking-and tobacco-related issues on a secondary level, or in some instances merely by inference; therefore, review of the subject indexes for legislation introduced would not necessarily reveal all of this legislation. Additionally, com- panion bills introduced in both the House and Senate, which are identical, may only be reported in indexes under one bill number. For these reasons, tallies of bills introduced may differsignificantlyfrom one another depending upon the depth of the index search conducted. The following discussion will focus on those bills that clearly deal with smoking issues, afthough instances where smoking or tobacco sale or use is implied are noted. In addition to the Federal legislation, a comprehensive search of State statute books and legislative tracking services indicate that nearly 600 State laws pertaining to smoking and the saleor useof tobacco products are currently in effect. This total does not necessarily include each law pertaining to the taxation of cigarettes or tobacco products, but rather laws that deal with smoking in public places, distribution to minors, schools and health education, commerce, and public health and safety regulations. Federal Legislation At the Federal level, during the 98th, 99th, and 100th sessions of Congress, nearly 100 bills addressing smoking, tobacco use or both had been introduced as of December 1987. Four health-related bills passed during this time. This report will briefly describe the bills tracked by subject areas related to the smoking and health issue. Although other laws passed may be tobacco related, for the purposes of this report, the four laws passed reflect health related (smoking) implications. These bills are categorized into seven topic areas: Limitations on Smoking in Public Places; Regulation of Sale to and Use of Tobacco Products by Minors; Schools and School Health Education; Regulation of Advertising Practices; Commerce; Taxation; and Health and Safety Regulations as they pertain to smoking and tobacco use. Some bills vary in scope and intent, and are grouped in more than one category. (See Table 1. following the Federal legislative narrative.) Llmitatlons on Smoking in Public Places Five bills introduced in the House of Representatives during the 98th session of Congress applied primarily to smoking on board passenger-carrying aircraft and other forms of transpor- tation subject to interstate commerce regulations. During the 99th session, three bills were introduced pertaining to smoking limitations: H.R. 133 would amend the Federal Aviation Act of 1958 to prohibit smoking in more than one designated area of a passenger-carrying aircraft; S. 1440 and S. 1937 would restrict smoking to designated areas in all U.S. Government buildings and impose acivil penalty for anyone who disregards this rest&ion. In the 100th Congress, H.R. 1008 cited as the "Nonsmoking Health Protection Act of 1987," would restrict smoking to designated areas in all buildings and sections of buildings occupied by the U.S. Government. Five bills were introduced in the 100th Congress to amend the Federal Aviation Act of 1958 to prohibit smoking on domestic commercial aircraft flights: H.R. 1078, H.R. 3377 "Aircraft Cabin Air Quality Protection Act of 1987," H.R. 432 "Airline Anti-Smoking Act," H.R. 3018, which specifies flights of two hours or less, and H.R. 2040, which includes both domestic and international flights. H.J.R. 395, Public Law 202, wzs passed in December 1987 to prohibit smoking on certain domestic flights. Senate bill S. 51, cited as the "Prohibition of Smoking in Public Conveyances Act of 1987," would make it unlawful for any person to smoke in any regularly scheduled 63 public conveyance traveling within the U.S. and to smoke in a waiting area in a terminal for a public conveyance unless in a designated smoking area. A $500 fine would be imposed for violation. Regulation of Sale to and Use of Tobacco Products by Minors In the 100th session of Congress, H.R. 3294would amend the Federal Food, Drug, and Cosmetic Act to regulate the sale and distribution of tobacco products. Cited as the "Comprehen- sive Tobacco Health and Safety Act of 1987," this act would make it unlawful to sell tobacco products to any person under the age of 18 years (or older if a state statute so declares) or to distribute free samples, misbranded or adulterated products. Cited as the "Adolescent Tobacco Education and Prevention Act," H.R. 3658 would use grant funds provided under the Drug Free Schools and Communities Act of 1986 to provide education relating to the use of tobacco products and would make it unlawful to sell a tobacco product to any person under the age of 18 years, or oMer as established by a State statute. In regards to vending machines, it would be unlawful to sell or cause to be sold a tobacco product in a vending machine without a posted sign stating, "The Sale of Cigarettes to Minors is Strictly Prohibited." Schools and School Health Education Of the six bills introduced between the 98th and 99th sessions of Congress, two became law. S. 1574 was passed into Public Law 99-252 in February 1986. This law, cited as the "Com- prehensive Smokeless Tobacco Health Education Act of 1986," directs the Secretary of Health and Human Services to develop educational programs, materials and public service announcements on the health hazards associated with smokeless tobacco and make these items available to States, local governments and school systems. These programs are to be developed by the Secretary of Health and Human Services in consultation with the Secretary of Education, medical and public health entities, consumer groups and other appropriate contacts. After developing these programs, the Secretary is required to submit an annual report to the Con- gress concerning the smokeless tobacco activities under- taken. In addition, this law makes it unlawful to manufacture, package or import for sale or distribution, or advertise any smokeless tobacco product unless the product bears one of three warning statements in a conspicuous location on the product. H.R. 2370, cited as the "Nurse Education Amendments of 1985," became Public Law 99-92 in August 1985. This law amended the Public Health Service Act by directing the Secretary of Health and Human Services to make grants and contracts available for specified demonstration projects and for the education and training of nurses in the subject of smoking and health. Two additional clauses contained in the text of this bill state that: o A manufacturer or importer of cigarettes may apply to the Federal Trade Commission for a description of the label rotation process or any other requirement of the clause; and o Sect. 13 Section 3(c) of the Comprehensive Smoking Education Act is amended by striking out "1985" and inserting in lieu thereof "1986." Regulation of Advertising Practices Nineteen bills were introduced that pertain to the advertising of tobacco roducts: three were introduced during the 98th session, eight during the 99th session, and eight during the 100th session of Congress. The content of these bills varies from labeling, packaging, and advertising on specific media to- deductions for advertising costs. Of the bills introduced, two became law. Companion bills H.R. 3979 and S. 772, introduced in the 98th session of Congress, were passed into Public Law 98-474. Known as the Comprehensive Smoking Education Act, this law amends the Public Health Service Act to establish an Interagency Committee on Smoking and Health to coordinate Federal and private research and education activities regard- ing the health hazards of smoking, and amends the Federal- Cigarette Labeling and Advertising Act to change the label requirements for cigarettes. Two bills (H.R. 2950 and H.R. 3510) were introduced during the 99th session and incorporated into S. 1574, which became Public Law 99-252 in February 1986. These three bills specifi- cally addressed the labeling of smokeless tobacco: H.R. 2950 cited as the "Comprehensive Smokeless Tobacco Education Act" would require specific warnings on all smokeless tobacco products and advertisements, H.R. 3510 cited as the "Corn- prehensive Smokeless Tobacco Health Risk Education Act," proposed to establish a Federal initiative to require warning labels on smokeless tobacco products and advertisements, and S. 1574 (now Public Law 99-252) makes it unlawful to manufacture, package or import for sale or distribution within the U.S. any smokeless tobacco product unless the product bears one of three health warning labels. Public Law 99-252 is cited as the "Comprehensive Smokeless Tobacco Health Education Act of 1986." One bill in the 98th Congress (H.R. 5043), and three bills in the 99th Congress (H.R. 760, H.R. 2835, S. 1116) would amend the Federal Cigarette Labeling and Advertising Act to prohibit the advertising of any tobacco product on any medium of electronic communication and make technical changes in the rotation of warning labels, respectively. H.R. 2835 con- tained a technical amendment for Section 3(c) of the Corn- prehensive Smoking Education Act to strike out "1985" and insert "1986." H.R. 760 cited as the "Health in Advertising Act," would amend Section 6 of the Act to make it unlawful to advertise cigarettes, little cigars, and any other tobacco product on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commis- sion. During the years of 1967-l 971, broadcasters provided free air time to private and government organizations for anti-smoking public service announcements that educated the public about the dangers of cigarette smoking. H.Res. 286 was introduced in the 100th session of Congress to suggest that the Federal Government strongly encourage both print and electronic media to voluntarily print or air public service messages 64 describing the deadly effects of cigarette smoking. H.J.Res. 271 authorizes and directs the President to call upon radio and television broadcasters to educate the public, in cooperation with public health organizations, about the dangers of cigarette smoking. HR. 1272, cited as the "Heafth Protection Act of 1987," would amend the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 in regards to the advertising of tobacco products by striking out clauses that reflect or state, ". ..and advertis- ments...." Cited as the "Health Protection Act of 1987," HR. 1532 would ban and declare all consumer sales promotion of tobacco products unlawful. Two companion bills from the 99th Congress (H.R. 3950 and S. 1950) and four bills from the 100th Congress disallow any deductions for advertising expenses for tobacco products. H.R. 3950, from the 99th Congress, and S. 446, H.R. 3503, H.R. 1563, H.R. 2606 all include the clause that disallowed deductions for other promotional expenses with respect to sales of tobacco and tobacco products. Commerce Five bills were introduced in the 100th session of Congress, six bills during the 99th session, and one in the 98th session pertaining to the purchase, sale, distribution, or importation of cigarettes and tobacco products. In the 99th session, S. 1418 would amend the Agricultural Act of 1938, and the Agricultural Act of 1949 to improve the Tobacco Price Support Program and determine market quotas for flue-cured and burley tobacco. In the 100th Congress, H.R. 1218 would require the Secretary of Agriculture to estab- lish an advisory committee to study the economic impact of prohibiting the lease and transfer of flue-cured tobacco acreage allotments and quotas for the 1987 and subsequent crops of flue-cured tobacco. HR. 3629 was introduced in the 99th session of Congress to make appropriationsforthe Department of Defense for military functions and for other purposes. In Section 8101 of this bill it is clearly stated that none of the funds appropriated by this Act shall be available in connection with the operation of commissary stores, exchanges, and ship stores that do not sell cigarettes and tobacco products at a price equivalent to the lowest average prevailing retail price. The Conference Report by the House of Representatives stated that the con- ferees agreed to delete the Senate provision that would in- crease the price of tobacco products sold on military installations yet direct the Assistant Secretary of Defense for Heatth Affairs to submit a report on his recommendations concerning the health issues surrounding tobacco products and the military. This report would include how cigarette prices effect the consumption patterns, the health of military personnel and the economic cost to the military and society. The Defense Department is to report on the economic impact of increasing the price of tobacco products in commissaries and exchanges and of including State and local taxes in the price of tobacco products. The Department is also required to inform the Committees of the status of an internal Defense Department proposal to discontinue the sale of cigarettes in commissaries. Introduced in the 100th Congress, S. 868 would require the Secretary of Agricufture and the Secretary of Commerce to conduct a joint study of commodities and products that may be produced and marketed in conjunction with the production of tobacco. S. 471 would amend title 10 of the United States Code to revise the method for pricing tobacco productsforsale in commissaries, exchanges, and ships' stores. H.R. 259 was introduced in the 99th session of Congress to amend the Federal Aviation Act of 1958 to prohibit air carriers from dispensing alcoholic beverages and tobacco products without charge to passengers. Five bills addressed restrictions on importing tobacco; one in the 98th session, three in the 99th session, and one in the 100th session of Congress. S. 67 and H.R. 1022, both intro- duced in the 99th session, would amend the Agricultural Adjustment Act of 1938 to prohibit the importation of tobacco that has been grown or processed using pesticides and other chemicals whose use has been prohibited in this country for health reasons; H.R. 6418 introduced in the 98th session, addressed the same issue. H.R. 1137 would impose restric- tions on the quantity of foreign unmanufactured tobacco that may be imported into the United States. In the 100th Con- gress, S. 969 would impose quotas on certain products of the Republic of Korea until the Republic of Korea fully opens its markets to cigarettes produced in the United States. Taxation Over 43 bills applicable to the taxation of cigarettes and smokeless tobacco were introduced in the House and Senate during the 99th and 100th sessions of Congress. Seventeen bills attempted to amend the Internal Revenue Code of 1954 to increase the Federal excise tax on cigarettes. Some of these bills would distribute increased tax revenues to the general fund, the Federal Hospital Insurance Trust Fund under the Social Security Act, and to research on tobacco- related diseases; others would fund the Medicare and Medicaid programs and attempt to reduce the Federal deficit. The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), which amended Section 5701 of the Internal Revenue Code, increased the Federal excise tax on cigarettes from 8 to 16 cents per pack of 20 cigarettes. Afthough several bills were passed into law extending the period of expiration for the tax increase, Public Law 99-272, passed in December 1985, instituted the 16~ -per-pack tax rate increase. During the 100th Congress, five bills were introduced to increase the tax rate on cigarettes: four of the bills (HR. 2104, H.R. 493, H.R. 260 and S. 447) would increase the tax rate to 32 cents per pack; H.R. 1233 would increase the rate to 40 cents per pack. S. 447 would also increase the tax rate on snuff and chewing tobacco to 8 cents per pack. During the 99th session of Congress, three bills were intro- duced pertaining solely to smokeless tobacco: H.R. 3064 would impose an excise tax on smokeless tobacco products with tax revenues allocated to the Medicaid program; H.R. 3078, broader in scope, would establish a Federal program to assist states in implementing programs on the dangers of smokeless tobacco and imposes an excise tax of 32 cents on all smokeless tobacco products. Proceeds from this tax would be used to establish a trust fund for cancer research and educational programs on smokeless tobacco and would 65 disallow a deduction for expenses incurred in advertising smokeless tobacco. Senate bill 1782 would impose a $1.25 excise tax per pound on snuff and 40 cents per pound on chewing tobacco. Four bills introduced in the 100th Congress would amend the Internal Revenue Code of 1986 to disallow deductions for advertising and promotional expenses for tobacco products: H.R. 2607, H.R. 1563, H.R. 3503 and S. 446. H.R. 581 would amend the Internal Revenue Code of 1986 to allow individuals and corporations to treat qualified no-net cost tobacco expenditures as a deductable expense. Health and Safety Regulations In the 98th Congress, two bills (H.R. 3979 and S. 772) were introduced to establish an Interagency Committee on Smok- ing and Health to coordinate smoking-related activities Nation- ally. These bills, which were previously discussed, were passed into Public Law 98-474. One bill introduced in the 99th session entitled "Medicare Part B Premiums Nonsmoking Discounts" would provide a dis- count for nonsmokers participating in the Medicare program. In the 100th Congress, H.R. 3440 cited as "Fire Safe Cigarette Act of 1987" and S. 1763 "An Act to Reduce Fires Caused by Cigarettes" would direct the Secretary of Health and Human Services to issue a fire safety standard for cigarettes to reduce the risk of ignition presented by cigarettes. H.R. 2376 is an act to amend the Consumer Product Safety Act by removing the section exempting tobacco and tobacco products from the consumer Product Safety Commission's jurisdiction. Summary The following is a list of the Congressional bills passed into Federal law during the 98th and 99th Congress pertaining to smoking and the use of tobacco products. Although the 100th Congress continues through 1988, H.J.R. 395 was passed into law during the 100th Congress in December 1987. o Comprehensive Smoklng Education Act, Public Law 98-474,98th Congress, October 1984. One of several health warning labels is required to be displayed on all packages of cigarettes manufactured, sold or distributed, and on all advertisements of cigarettes within the United States, excluding outdoor billboards. Location and for- mat of these labels are specified. The Federal Cigarette Labeling and Advertising Act is amended. In addition, each cigarette manufacturer, packager or importer shall submit annually to the Secretary of Health and Human Services a confidential list of cigarette additives (in- gredients), either directly or by adesignated entity, which does not name eitherthe manufacturer of the additives or the brand of cigarettes using the additives. Based on this information, the Secretary may submit to Congress a report summarizing on-going and proposed research on the health effects of cigarette additives, and in particular, discuss any ingredient the Secretary judges to pose health risks to cigarette smokers or to be of public interest. Finally, an Interagency Committee on Smoking and Health is established to increase the availability of information on the health consequences of smoking. Federal and private research and education activities regarding the health hazards of smoking will be coor- dinated through this effort. o Nurse Education Amendments of 1985, Publlc Law QQ-92,QQth Congress, August 1985. The Secretary of Health and Human Services is directed to make grants and contracts available for specified demonstration projects and for the education and training of nurses in the subject of smoking and health. This law amends the Public Health Service Act. o The Consolidated Omnibus Budget Reconclllatlon Act (COBRA), Public Law 99-272, 99th Congress, April 1986, and the laws amending the Tax Equity and Fiscal Responsblllty Act of 1982 (TEFRA): The Emer- gency Extension Act of 1985, Public Law QQ-107,QQth Congress, September 1985, and Public Laws 99-181, 99-l 89 & 94201,QQth Congress, December 1985. The Federal excise tax on cigarettes is increased from 8 to 16 cents per pack of cigarettes. This increase is based according to weight per thousand, which is calculated to an amount per package. o Comprehensive Smokeless Tobacco and Health Education Act of 1986, Public Law QQ-252,QQth Con- gress, February 1986. The Secretary of Health and Human Services, through the Office on Smoking and Heafth and in consultation with the Secretary of Educa- tion, medical and public heath entities, consumer groups and other appropriate entities, is directed to develop educational programs, materials and public service an- nouncements on the health hazards associated with smokeless tobacco. These items will be made available to States, local governments, and school systems. In addition, through the Surgeon General of the United States, the Secretary of Health and Human Services will submit a biennial report to Congress concerning the smokless tobacco activities undertaken and recommend- ing legislation and administrative action. The law also requires that all packages of smokeless tobacco manufactured, sold, and distributed within the United States must display one of several health risk warning labels. Location and format of the display of these labels are specified. Smokeless tobacco companies are re- qured to provide the Secretary of Health and Human Services with a confidential list of smokeless tobacco additives and the nicotine contet of smokeless tobacco brands. o Prohibition Against Smoking on Scheduled Flights and Tampering with Smoke Alarm Devices, Public Law 100-202, 100th Congress, December 1987. lt is unlawful to smoke in the passenger cabin or lavatory on any flight scheduled for less than a two-hour duration. The Secretary of Transportation isdirected to promulgate regulations to carry out this provision. Twenty-eight months after enactment of this law, this provision will expire. Indirectly, this law led to a ban on smoking on commuter rail lines serving New York City. The law theatened to withhold Federal funds to the New York Metropolitan Transportation Authority unless smoking was banned on the Long Island Railroad. 66 I. II. III. IV. Limitations on Smoking in Public Places Regulation of Sate to and Use of Tobacco Products by Minors House - lOOth- Senate . Schools and School House Health Education HR. 4851 Regulation of Advertising Practices TABLE 1. Leglslatlon Introduced During the 98th-100th Sessions of Congress wlth Regard to Smoklng and Health House H R 4395 H:R: 4395 H.R. 4955 H.R. 5507 H.R. 6217 House House h R 395" H:R: 432 H.R. 1008 H.R. 1078 H.R. 2040 H.R. 3018 H.R. 3377 -98th- Senate -99th- Senate s s: 140 19:7 -lOOttl- Senate S S:R. 51 154 -98th- Senate House -`99th - Senate RR 380 H R 2370" S 15/4a H:R: 3510' H:R: 2950' H.R. 3769" House kR 3658' House hR 6043 H:R: 3979" - lOOth- Senate -98th- Senate s. 772" House -99th- Senate . . . s. 1950 H.R. 3510' H.R. 760 S. 1116 H.R. 2835 s. 1574" House HR t272 -lOOth- Senate s. H.R. 1532 H.R. 1563' H.R. 2606' H.R. 3603' H.Res. 286 H.J.R. 271 V. Commerce House - 98th - Senate . . 6418 House -wth- Senate . 9 S. 67 H.R. 1022 i. 1418 H.R. 1137 H.R. 3629 VI. Taxation House FIR 1218 H:R: 3294 -lOOth- Senate s 471 s: 868 KFr H.R. H.R. H.R. H.R. H.R. H.R. H.R. H.R. H.R. H.R. H.R. H.R. House 1053 951 844 236 1200 1561 1594 3788 1826 2600 3039 1421 2548 -99th- HR H:R: %: H.R. 3451 H.R. 3452" H.R. 3722 H.R. 3918" H.R. 3981" H.R. 3992 H.R. 3993 H.R. 3994 H.R. 3996 H.R. 4006" H.R. 1825 s. 969 Senate s s: i;: S. 1205 S. 1712 S. 1732 s. 1833 S. 1782 House HR H:R: z H.R. 581 H.R. 1233 H.R. 2104 H.R. 1563' H.R. 2606' H.R. 3503' -lOOth- Senate S 446 s: 447 VII. Health and House Safety Regulations H.R. 3919" -98th- Senate s. 772" House -wth- Senate s. 351 House HR 2376 H:R: 3440 -lOOth- Senate S. 1763 * Catagorized under more than one topic in text. `* Passed into law 67 State Legislation Within the past two years, due to increasing evidence of the health hazards associated with environmental tobacco smoke, State l&gislatures have been focusing on limiting smoking in public places, specifically in the workplace. Inform- ing the general public about the health hazards of cigarette smoking and tobacco use has also been a major focus of State and bcal legislative efforts. All 50 States and the District of Columbia have enacted legislation pertaining to the sale or use of tobacco products. The laws vary from State to State and range from restrictions on smoking in public places to the distribution of the sales tax on tobacco products. For purposes of analysis, the major smoking and tobacco laws have been categorized by content in the following subject areas: Limitations on Smoking in Public Places; Regulation of Sale to and Use of Tobacco Products by Minors; Schools and School Health Education; Regulation of Advertising Practices; Commerce; Taxation; and Health and Safety Regulations. Limitations on Smoking In Public Places In recognition of the public health hazards of secondhand smoke, the majority of States and the District of Columbia have enacted legislation to protect the rights of nonsmokers. Various enclosed or indoor areas frequented by or accessible to the general public are required to implement strict regula- tions to prohibit smoking in certain areas and are required to post signs designating smoking and nonsmoking areas. As noted in Figure l,, the restrictions vary in degree from State to State. The most comprehensive legislation of this nature has been adopted by the States of Alaska, Connecticut, Florida, Maine, Minnesota, Montana, Nebraska, New Jersey, Utah, and Washington. These States, classified as having extensive restrictions on smoking (See Figure l.), prohibit or restrict smoking to designated areas in vehicles of public transporta- tion, health care facilities, offices of health care practitioners, passenger elevators, cultural and recreational facilities, educational facilities, retail stores, restaurants, government buildings, public meetings, offices, and private workplaces. Moderate restrictions are less extensive in that they do not regulate or restrict smoking in private workplaces. Basic restrictions include States regulating smoking in four or more areas, and States classified as nominal restrict smoking in one to three areas. While Georgia's criminal code specifically prohibits smoking on public transportation and in elevators only, it also prohibits smoking in any public area where a no-smoking sign is posted. Mississippi restricts smoking on public transit, South Carolina prohibits smoking on school buses, and Louisiana prohibits smoking in the arena of the Superdome. These States, along with Arkansas, Delaware, Kentucky, Vermont, and West Virginia, are designated as having nominal regulations in Figure 1. Seven States do not have any current laws that would restrict or regulate smoking in public places. (See Table 1.) TABLE 1. STATES THAT DO NOT IMPOSE ANY LIMITS ON SMOKING IN PUBLIC PLACES Alabama Illinois Missouri North Carolina Tennessee Virginia Wyoming Smoking is most commonly prohibited or restricted in public transportation vehicles, health care offices and facilities, and elevators. Thirty-seven jurisdictions regulate smoking on publicconveyances and in hospitals, nursing homes and other health care facilities, and 30 jurisdictions regulate smoking in passenger elevators. Alaska, California, Florida, Hawaii, Maryland, New Jersey, Utah, and Washington specifically prohibit smoking in transportation terminals. Many States have also taken steps to curtail or prohibiismok- ing in indoor cultural and recreational facilities such as libraries, museums, theaters, galleries, arenas, and auditoriums. Lb,len smoking is permitted, it is confined to an area that the proprietor, or person in control of the facility, has designated and posted as a smoking area. Smoking in school buildings and on school grounds is regu- lated by 32 States. These regulations restrict smoking for students, school personnel, and others with access to the educational facilities. Less than half of the States prohibit smoking in the public areas of supermarkets, grocery stores, or other retail stores, or require restaurants to establish non- smoking sections for their customers. In the past two years, seven States passed legislation requiring restaurant owners to dedicate a portion of their establishment for nonsmoking patrons and to post signs indicating the area designated for smokers. Colorado does not restrict smoking in restaurants or taverns, but does encourage establishments to seat non- smokers away from smokers. In addition, public places that sell or serve food are required to post signs at or inside their entrances indicating whether separate seating provisions have been made for nonsmokers. In the State of Washington, no public place (other than a bar, tavern, bowling alley, tobac- co shop, or restaurant) may be designated as a smoking area in its entirety. Twenty-nine States restrict smoking in publicbuildingsowned, leased, or operated by governmental entities, and 23 States prohibit or restrict smoking in public meetings. The States of Alaska, Florida, Kansas, Maine, Massachusetts, Oregon, and South Dakota also prohibit smoking in jury deliberation rooms. Many States are encouraging employers to establish worksite smoking policies to protect the rights of the nonsmokers and 68 to provide for a smoke-free workplace. Twenty-one jurisdic- tions, which include the District of Columbia, have legislation governing smoking in offices and other workplaces. In some States this legislation applies only to workplaces controlled by the State or other governmental entity, while in others the legislation applies to both public and private employers. (See Table 2.) TABLE 2. STATES RESTRICTING SMOKING IN OFflCES AND OTHER WORKPLACES Alaska California Connecticut Florida Indiana Maine Michigan Minnesota Montana Nebraska `Effective 7m38 New Hampshire New Jersey New Mexico North Dakota Ohio Oregon Utah Vermont o Washington Wisconsin California requires that State departments employing more than 50 workers adopt a written policy recognizing the rights of nonsmokers to a smoke-free environment in meetings and at individual work stations. New Mexico requires State agen- cies and political subdivisions that employ more than 15 individuals to establish and implement written smoking policies and to provide a smoke-free environment to employees who request one. Washington prohibits smoking in office reception areas and waiting rooms of any buildings owned or leased by the State, counties, cities, or other municipalities. Ohio prohibits smoking in all State office build- ings, except in designated areas. New Hampshire and Oregon impose the same restrictions in all government off ices. Alaska prohibits smoking in all places of employment, public or private, where a no-smoking sign is posted. Florida, Min- nesota, Montana, Nebraska, North Dakota, Utah, and Wiscon- sin restrict smoking to designated areas in offices and other public places serving as workplaces. In addition, Florida requires that, upon request, employers provide employees with workspaces that are not within a designated smoking area. The statutes of Connecticut and New Jersey mandate that employers of more than 50 people establish and post written rules regarding smoking and nonsmoking within their busi- ness facilities. Maine requires that employers of one or more persons establish written policies concerning smoking and nonsmoking by employees and that they prohibit smoking, except in designated areas. Colorado does not directly regu- late smoking in the workplace. However, it encourages those in charge of offices and commercial establishments to designate nonsmoking areas phys;cally separated from the working environments where other employees smoke. Several States also impose restrictions on smoking in workplaces not usually frequented by the general public. Minnesota, Nebraska, and Utah have directed their State health departments to establish rules to prohibit or restrict smoking in factories, warehouses, and similar places of work where the inadequacy of ventilation or the close proximity of workers causes smoke pollution detrimental to the health and comfort of nonsmoking employees. Nevada prohibits smoking in any millorother building in which a no-smoking sign is conspicuously posted over each principal entrance. Similarly, West Virginia prohibits smoking in any factory, mercantile establishment, mill, or workshop where a no-smoking sign is conspicuously placed over and near each principal entrance. In Pennsylvania and Kentucky, prison officials have the dis- cretion to eithergrant or withhold permission to smoke inorder to control inmate behavior. Pennsylvania law provides that prisoners may be allowed to smoke as a reward for good conduct, but states that prisoners may not be deprived of the right to smoke for longer than two weeks. In Kentucky, prison wardens are authorized to permit or prohibit smoking by inmates whenever they believe such regulation will enhance or improve the discipline of the inmates. Not only do the States differ dramatically in regulating areas where smoking is restricted, but they also impose different forms of punishment for violations. In most cases, violations are punishable by a small fine. Fines of $25 or less are imposed in Connecticut, Delaware, Kansas, Pennsylvania, and Vermont. Kentucky and West Virginia impose the lowest fines: $1 to $5 for smoking on school grounds or in school buildings: Hawaii has the highest with fines up to $500 for initial violations of smoking in public places. Arkansas, California, Georgia, Idaho, Iowa, Massachusetts, Montana, Nevada, New York, North Dakota, Oklahoma, and Oregon impose fines of up to $100 for violating laws restricting smok- ing. Higher fines, from $100 to $300, are imposed by Alaska, Maryland, New Jersey, Rhode Island, and the District of Columbia for failing to comply with the restrictions on smoking in public places. Rhode Island increased the penalty from $20 to $250 for each offense. Injunctive relief may be granted for violating smoking restric- tions in Alaska, Minnesota, Nebraska, New Hampshire, and Wisconsin. Idaho, Michigan, Massachusetts, New Jersey, and New York can imprison offenders for violation of the smoking laws. A number of States do not specify the penalty in the prohibiting statutes, but instead characterize the viola- tion as either a misdemeanor or petty offense. These States include Arizona, Florida, Mississippi, Ohio, South Dakota, Texas, Utah, and Washington, Regulation of Sale to and Use of Tobacco Products by Minors The sale or distribution of cigarettes or tobacco products to minors is regulated by 45 jurisdictions, including the District of Columbia. (See Figure 2.) Missouri does not impose restric- tions at the State level, but permits cities, towns, and municipalities to enact ordinances prohibiting the sale to or use of cigarettes by minors. Six States do not regulate the sale or distribution of tobacco products to minors. (See Table 3.) 70 TABLE 3. STATES WITHOUT RESTRICTIONS ON SALE TO OR USE OF TOBACCO PRODUCTS BY MINORS Kentucky New Mexico Louisiana Wisconsin Montana Wyoming In the past two years, seven States specifically added smoke- less tobacco in the laws pertaining to the safe and or use of tobacco products to minors. Kansas prohibits only the sale of cigarettes to minors. The other State statutes have much broader prohibitive language and randomly outlaw the sale or furnishing, or both, of cigars, cigarettes, snuff, chewing tobac- co, smokeless tobacco, smoking material, and tobacco in any form to minors. Twenty-one States also prohibit the sale or furnishing of cigarette wrapping papers and other smoking paraphernalia to minors. The majority of States prohibiting the sale of cigarettes or other tobacco products to minors define a minor as anyone under the age of 18 years. In the past two years, seven States passed legislation pertaining to the age of minors. Colorado, Georgia, New Hampshire, and Virginia all passed legislation establishing the age of minority as it pertains to tobacco products. Three States increased the age to 18 years: Hawaii, Indiana, and Massachusetts. Hawaii increased the age from 15 to 18 years of age. Nine jurisdictions define a minor as anyone under the age of 16 years, and five define a minor as 17 years of age or younger. Alabama and Utah prohibit such sales to anyone under the age of 19 years. (See Table 4.) TABLE 4. AGES OF MINORS PERTAINING TO THE SALE OF TOBACCO PRODUCTS ACCORDING TO STATE Alabama Alaska Arizona ArkarISaS Califonia Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Mahle Maryland Massachuselk Michigan Minnesota Mksksippi MiSSOUri 19 16 1% 18 18 16 16 17 16 16 17 10 18 18 18 10 18 . * 18 16 16 16 18 18 10 Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Ckq0n Pennsylvania Rhode kland South Carolina South Dakok TenMSSee Texas Utah Vermont Virginia Washington West Virginia Wlscansin Wyoming . 18 18 18 16 * 18 17 18 10 18 18 16 16 18 18 18 16 19 17 16 18 10 . . *Age of minors is not specified for cigarette or tobacco use. The penalties for violation of the laws relating to selling or furnishing tobacco products to minors vary from State to State. In 14 States, such offenses are punishable only by a fine. In the remaining jurisdictions, such offenses are punishable by fine, imprisonment, or both. The heaviest penalties are im- posed by Kansas: anyone convicted of the offense of selling cigarettes to a person under 18 years of age in Kansas is subject to a fine of not more than $1000 or imprisonment for not more than one year, or both. In addition to prohibiting the sale or furnishing of cigarettes or other tobacco products to minors, 13 States prohibit the use or possession, or both, of such products by minors. Minors found guilty of using or possessing tobacco are punishable by a fine in Idaho, Illinois, Rhode Island, and West Virginia, and by a fine or imprisonment, or both in Kansas, Michigan, and Tennessee. Louisiana does not specifically prohibit the use of tobacco by minors, but does authorize public school prin- cipals to suspend any student who uses tobacco in school buildings, on school property, or in school buses. In the remaining six States, the use of tobacco by a minor is clas- sified as either a misdemeanor or petty offense with no specific penalty described in the statute. Neither Iowa nor Oklahoma make possession of cigarettes by a minor a punishable offense. However, any minor under 18 years of age who has cigarettes or cigarette papers in his possession and who refuses to give information at the request of any peace officer, juvenile court officer, truant officer, or teacher as to where the articles were obtained, is guilty of a misdemeanor. Florida does not make possession of cigaret- tes or cigarette materials by a minor a punishable offense. Nonetheless, minors who have or have had cigarettes in their possession may be summoned by sheriffs, deputies, and police officers and compelled to testify in court as to where and from whom they obtained such articles. Minors charged with violation of the law prohibiting smoking or possession of cigarettes or other tobacco products in Nebraska and West Virginia may obtain immunity from prosecution or punishment upon disclosure of the identity of the person or firm from whom they obtained the cigarettes or tobacco products. Twelve States require dealers, distributors, or vendors of cigarettes or other tobacco products to post notice at the point of sale that the sale to or purchase of such products by minors is prohibited by law. Idaho, Maine, and Utah go further by forbidding any person to maintain a tobacco vending machine accessible to minors. Violation of this restriction is a mis- demeanor. Colorado has passed legislation to specifically include "smokeless tobacco" as a product prohibited for dis- tribution to minors through vending machines. New Hampshire imposes a $25 fine forthe sale of tobacco products to minors through a vending machine. Utah and Michigan also make liable any persons who permit minors to smoke on their property. In Utah, it is a mis- demeanor for the proprietor of any place of business to know- ingly permit minors to use tobacco on his or her premises. In Michigan, anyone who knowingly harbors or grants a minor the privilege of gathering on his or her property for the purpose of indulging in the use of cigarettes is subject to punishment by fine or imprisonment. 71 72 Schools and School Health Education Concern for the health and welfare of their residents has prompted 19 States to require elementary and secondary schools to include instruction on the dangers associated with tobacco use as part of their health education programs. Alabama, Connecticut, and Oklahoma have directed their departments of education to establish and implement in-ser- vice training programs to educate teachers, school ad- ministrators, and other school personnel about the effects of nicotine or tobacco use. These programs also provide instruc- tion on the methods and materials necessary for effective instruction in prevention of drug abuse. All educational institutions in Minnesota that provide teacher training must offer programs in the personal use, misuse of, and dependency on tobacco. Students must take and pass the program. Connecticut law dictates that universities that train teachers must provide instruction on the effects of nicotine and tobacco use on health, character, citizenship, and personality development and the best methods for instructing students on these topics. Connecticut will not grant a certifi- cate to teach or supervise in any public school to any person who has not passed an examination on the effects of nicotine and tobacco use. California and Florida have no specific statutory provisions for mandatory instruction on the effects of tobacco use in elemen- tary and secondary schools. Both States, however, require that upon adoption of instructional materials for use in the schools, school boards shall include only instructional materials that portray accurately the physical effects of tobac- co use. Florida's Cancer Control and Research Act provides that proven causes of cancer, including smoking, should be publicized and made the subject of educational programs for the prevention of cancer. These programs are to be made available to all citizens of the State. In Arkansas, California, Connecticut, lowa, Louisiana, Mas- sachusetts, New Jersey, and Texas, legislatures have taken a hard line on the useof tobacco products by students in public schools. In Iowa, the school board may suspend or expel any student who violates the rule prohibiting the use of tobacco. In California and Louisiana, school principals are authorized to suspend any student who uses tobacco in school buildings, on school grounds, or in school buses. Violations by juveniles in New Jersey are within the jurisdiction of the municipal court. Arkansas law prohibits smoking in public schools unless in a designated area and only then by nonstudents over the age of 18 years. Connecticut and Massachusetts prohibit smoking on school grounds during school hours. Students in Texas are prohibited from smoking at any school related or sanctioned activity on or off school property. Regulation of Advertising Practices In addition to the above-noted restrictions on smoking and tobacco use, there are a number of statutory provisions that are unique to individual States. For example, Minnesota forbids persons running for public office from distributing cigarettes to voters. Utah prohibits cigarette advertising on billboards, streetcars, buses, or any other displays, but does permit cigarette dealers to post signs in front of their businesses indicating that they are cigarette dealers. Califor- nia prohibits any firm manufacturing smokeless tobacco in the State to underwrite or sponsor any professional or amateur sporting event in the State. Violation is a misdemeanor punishable by a fine of up to $500. Delaware and Utah passed legislation requiring containers of smokeless tobacco to carry warning labels. Illinois and West Virginia passed legislation requiring outdoor billboards adver- tising smokeless tobacco to carry health warnings of the product. North Carolina amended their promotion statutes as they pertain to flue-cured tobacco. Commerce Several States impose restrictions on the manufacturing of tobacco products in the home. These laws ensure com- pliance with the labor standards and regulations adopted for the industry and protect the health and.welfare of industrial homeworkers. To safeguard the health and morals of minors, seven States prohibit the employment of minors to manufac- ture, pack, or sell tobacco products. Texas passed legislation to prohibit neighborhood con- venience stores from selling cigarette papers without the additional purchase of loose tobacco. In recognition of the serious health hazards posed by the smoking of clove cigarettes, four States including Maryland, Nevada, New Mexico, and Utah prohibit the sale of these cigarettes. Violation of these provisions constitutes a mis- demeanor. Florida prohibits the sale, use, possession, gift, or other disposition of cigarettes or other products designed for smoking made in whole or in part from cloves, clove oil, or any derivative of those substances. (See Table 5.) TABLE 5. STATES PROHIBITING SALE OR USE OF CLOVE CIGARElTES Florida Maryland Nevada New Mexico Utah Michigan and Massachusetts explicitly prohibit the sale of adulterated cigarettes. Massachusetts also makes it a crime to sell exploding cigars or cigarettes. While not criminally prohibiting the sale of adulterated cigarettes, New York provides litigants with a model civil complaint form to be filed against the seller of adulterated cigarettes. The retail price of a package of 20 cigarettes (as of November 1, 1986) including Federal and State excise taxes and State sales taxes (but not municipal taxes), ranged from a low of 90.5 cents in Kentucky to a high of $1.34 in Washington. (The Tobacco Institute, The Tobacco Tax Burden: Historical Compilation, 1986, vol. 21.) Several jurisdictions regulate tobacco use by persons com- mitted to State institutions. In Minnesota, it is illegal to furnish cigarettes to prison inmates without permission from the Com- missioner of Corrections. West Virginia prohibits giving or selling tobacco products to State mental hospital patients and to girls committed to "industrial homes" without permission of 73 the superintendent. lt is a misdemeanor in New Jersey to sell tobacco to reformatory inmates. Conversely, South Carolina donates confiscated cigarettes (where the dealer failed to pay taxes) to mental patients in State facilities. Taxation All States tax cigarettes, and all States, with the exception of West Virginia, require that persons obtain licenses before engaging in the business of distributing, retailing, wholesaling or manufacturing cigarettes, and other tobacco products. In most cases, the licensing provisions are mechanisms by which the States can police the collection of cigarette taxes. North Carolina has the lowest tax rate per pack of cigarettes and Minnesota the highest, 2 cents and 38 cents, respectively. (See Figure 3.) Nineteen States raised their cigarette taxes between 1985 and 1987. Even with these increases at the State level and the temporary increase from 8 cents to 16 cents per pack imposed at the Federal level, taxes amounted to only 29.9 percent of the average retail price for all States in 1986. In 1965, the combined Federal and State taxes con- stituted 51.4 percent of the average retail price. (The Tobacco Institute, The Tax Burden on Tobacco: Historical Compilation, 1986 pp. 64-96.) From 1954 to 1976, the combined Federal and State taxes accounted for more than 40 percent of the retail price of cigarettes. Since tha! time, the combined tax as a percentage of retail price has remained below 40 percent. The ratio was lowest in 1982 when the combined Federal and State taxes were only 26.8 percent of the average retail price of cigarettes (Ibid. pp. 92). (See Table 6.) Alaska, Idaho, Kentucky, Louisiana, Nebraska, and New Jer- sey channel a portion of their cigarette tax revenues into health-and cancer-related programs. Kentucky credits one- half cent of its per-pack tax revenues to the University of Kentucky Tobacco and Health Research Institute to finance tobacco research programs and projects on the health hazards created by tobacco use. Atihough Louisiana has no laws or pending legislation to control smoking in public places (except prohibiting smoking in the arena of the Superdome), it does devote $1 million annually from its cigarette tax revenues to the Cancer and Lung Trust Fund. The fund is used solely to finance cancer research, research on cardiopulmonary diseases, and clinical investigation and training in the field of cancer and cardiopul- monary diseases. New Jersey also deposits $1 million of its annual cigarette tax revenues into the New Jersey State Commission on Cancer Research. Nebraska sets aside 1 cent per pack of the special privilege tax assessed against distributors and wholesalers of cigaret- tes to fund the Nebraska Cancer Research Fund. Monies from the fund are earmarked exclusively for grants and con- tracts for research of cancer and smoking diseases. Eligibility to apply for and receive the grants and comracts is limited to the University of Nebraska and other post-secondary institutions having colleges of medicine in Nebraska. Cigarette tax revenues are also appropriated to fund Idaho's Cancer Control Account. These funds are spent on contract- ing for and obtaining services that will promote cancer control for the citizens of Idaho through research, education, screen- ing, and treatment. Finally, Alaska allocates tax revenues in TABLE 6. STATE ClGARElTE TAX RATE CHANGES FROM JULY 1,195O THROUGH DECEMBER 1,1987 Year first enacted Alabama 1927 3.0 16.5 Alaska 1949 3.0 16.0 Arizona 1933 2.0 15.0 Arkansas 1925 4.0 21 .o California 1959 0.0 10.0 Colorado 1964 0.0 20.0 Connecticut 1935 3.0 26.0 Delaware 1949 2.0 14.0 District of Columbia 1949 1.0 17.0 Florida 1943 5.0 24.0 Georgia 1923 5.0 12.0 Hawaii 1939 2.9 30.0 Idaho 1945 3.0 18.0 Illinois 1941 3.0 20.0 Indiana 1947 3.0 15.5 Iowa 1921 2.0 26.0 Kansas 1927 3.0 24.0 Kentucky 1936 2.0 3.0 Louisiana 1926 8.0 16.0 Maine 1941 4.0 28.0 Maryland 1958 0.0 13.0 Massachussetts 1939 5.0 26.0 Michigan 1947 3.0 21.0 Minnesota 1947 4.0 38.0 Mississippi 1930 4.0 18.0 Missouri 1955 0.0 13.0 Montana 1947 2.0 16.0 Nebraska 1947 3.0 27.0 Nevada 1947 3.0 20.0 New Hampshire 1939 2.5 17.0 New Jersey 1948 3.0 27.0 New Mexico 1943 4.0 15.0 New York 1939 3.0 21.0 North Carolina 1969 0.0 2.0 North Dakota 1925 5.0 27.0 Ohio 1931 2.0 18.0 Oklahoma 1933 5.0 23.0 Oregon 1966 0.0 27.0 Pennsylvania 1935 4.0 18.0 Rhode Island 1939 3.0 25.0 South Carolina 1923 5.0 7.0 South Dakota 1923 3.0 23.0 Tennessee 1925 3.0 13.0 Texas 1931 4.0 26.0 Utah 1923 2.0 23.0 Vermont 1937 4.0 17.0 Virginia 1960 0.0 2.5 Washington 1935 4.0 31.0 West Virginia 1947 1.0 17.0 Wisconsin 1939 3.0 30.0 Wyoming 1951 0.0 8.0 Rate Rate (in cents) (in cents) July 1, December 31, 1950 1987 74 .*. f. .a. 2. 0 2. .5 .*. 2. the amount of 5.5 mills per cigarette to fund health care, health research, and health promotion and education programs. Health and Safety Regulations In an effort to protect the public from negligent activity that could result in fires, explosions, or the contamination of food, several States have enacted legislation relating to smoking and the discarding of smoking materials under potentially unsafe and unsanitary conditions. The most common legis- lation of this nature prohibits the discarding of cigarettes or other smoking materials in or near forest areas. Sixteen States outlaw such activity. New Jersey, Oregon, and Virginia have compensatory provisions that make any person who negligently causes a forest fire liable for the costs of confining, extinguishing, or suppressing the fire. A smaller number of jurisdictions also seek to control behavior that may cause a fire on public or private property by prohibiting persons from discarding lighted cigarettes, cigars, matches, or other materials from moving vehicles. Seventeen States outlaw smoking in the vicinity of flammable materials such as fireworks, explosives, and petroleum products. Restriiions on smoking in or near the surface structure of mines and upon taking smoking materials, such as matches, pipes, cigars, or cigarettes, into underground mines are imposed by 14 States. Colorado, Illinois, Kentucky, and New Mexico permit the person in charge of an under- ground mine to search anyone entering the mine to prevent him or her from taking, carrying, or using any smoking materials therein. Only nine States prohibit persons from indiscriminately dis- posing cigarettes or other smoking materials on public or private property. These laws are designed to control potential fire hazards and litter. Five jurisdictions seek to protect the public's health and wel- fare by banning smoking in food storage or preparation areas. California outlaws smoking in ice storage areas, while Ok- lahoma prohibits tobacco use in rooms where dairy products are unpacked. Idaho, Indiana, and Virginia regulate smoking in food factories and processing, production, and storage areas. California, Illinois, and Massachusetts have organized and selected special committees or commissions to study and report on the health findings and social effects pertaining to smoking and health programs and environmental pollutants. Ohio and Texas legislatures have stressed their support for a Smokefree Young America by the Year 2000. The following is a list of the State laws pertaining to smoking and the use of tobacco and tobacco products according to category. 76 STATE LEGISLATION Alabama Regulation of Sale to and Use of Tobacco Products by Minors 9 Furnishing cigarettes, cigarette tobacco or cigarette paper, or any substitute there of, to minors is prohibited. On conviction, violators are fined not less than $10 or more than $50, and may be imprisoned in county jail or sentenced to hard labor for not more than 30 days. Reference Date 1896. ALA. CODE Section 13A-12-3 (1975). o A minor is defined as a person under 19 years of age. Reference Date 1975. ALA. CODE Section 26-I-l (1977). Schools and School Health Education o The Drug Abuse Education Act mandates the creation of a comprehensive drug abuse education program for stu- dents in grades one to twelve. Tobacco is expressly included. Nonpublic schools must also comply with this Act. The Act provides for the implementation of in-service education programs for teachers, administrators, and other personnel. Reference Date 1969. ALA. CODE Sec- tions 16-41-l to 16-41-10 (1975). . The Comprehensive Health Education Act institutes a health education program, which expressly includes tobacco. Reference Date 1978. ALA. CODE Section 16- 40-7 (Supp. 1984). Commerce o Retailers and wholesalers of tobacco products must ob- tain a privilege license. Reference Date 1935. ALA. CODE Sections 40-l 2-72 and 40-l 2-73 (I 977). Taxatlon 9 The tax rate per pack is 16.5~ and was last changed in 1984. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 7986, vol. 21, p. 9. o A portion of the cigarette tax revenue is reallocated for the retirement of additional bonds of the State Industrial Development Authority. Reference Date 1904. ALA. CODE Section 40-25-23 (Supp. 1987). Alaska Llmltatlons on Smoklng In Public Places o Smoking is declared a nuisance and a public health hazard. Smoking is prohibited in the following areas: public transportation; elevators; any place operated by the state, including an office, library, museum, theater, concert hall, convention hall, gymnasium, swimming pool, or other place of entertainment or recreation; public and private schools and preschool or day care facilities; courtroom or jury rooms; places under control of the state while a public meeting is in progress; health care facilities and waiting rooms; food service establishments with seating capacity of at least 50 persons; grocery stores and places of employment where the employer posts a sign prohibiting smoking. Smoking is permitted in smok- ing sections designated by the person in charge of the indoor place or vehicle, cabs where the driver and all passengers consent, and on stage as part of a theatrical production. The person in charge of the indoor place or vehicle must display a "Smoking Prohibited by Law - Maximum Fine $50" sign, which includes the international symbol for no smoking. Where asmoking section has been designated, signs must specify where smoking is allowed and prohibited. A person who smokes in a prohibited area is subject to a civil fine between $10 and $50. A person who is required to and fails to post smoking and nonsmoking signs is subject to a civil fine between $20 and $300. Injunctive relief may also be obtained for repeated violations. Ref- erence Date 1975. ALASKA STAT. Sections 18.35.300 to 18.35.360 (Supp. 1984). 77 Regulatlon of Sale to and Use of Tobacco Products by Minors o The sale or giving of cigarettes, cigars, or tobacco to one under I6 is prohibited and constitutes a "violation." Viola- tions are punishable by fine or imprisonment or both. Reference Date 1978. ALASKA STAT. Section 11.76.100; ALASKA STAT. Sections 12.55.015, 12.55.035 (1983). Schools and School Health Education 9 Effective October I, 1985, the health promotion and education programs funded by the 5 mill excise tax on cigarettes are to include promoting the implementation of school health education programs for all grades to en- hance wellness, good nutrition, and physical and mental fitness and to encourage the avoidance of unnecessary health risks, including smoking and the use of alcohol and other drugs, ALASKA STAT. Section 43.50.190 (1985). Commerce o No person may sell, purchase, possess, or acquire cigarettes as a manufacturer, distributor, vending machine operator, or buyer without a license. ALASKA STAT. Section 43.50.010 (I 983). Taxatlon o The tax rate per pack is 16e and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 7986, vol. 21, p. 9. 9 Effective October 1, 1985, the excise tax of 5 mills on each cigarette imported or acquired in the state is to be used principally to fund health care, health research, and health promotion and education programs. Reference Date 1961. ALASKA STAT. Section 43.50.190(a) (Supp. 1987). Health and Safety Regulations o Throwing a lighted cigarette or other burning material on forest land during fire season is a misdemeanor punish- able by a $25 to $500 fine or by imprisonment of from IO days to six months or both. Operators of sawmills and public conveyances must post copies of the statutory provisions. Conveyances operated on forest land must have suitable disposal receptacles for burning materials. Reference Date 1961. ALASKA STAT. Sections 41.15.070,41.15.080, & 41.15.140 (1983). Arizona Limitations on Smoking In Public Places o Smoking is recognized as a nuisance and a danger to public health, and is prohibited in elevators, public recrea- tionalfacilities, buses, health care institutions, publicwait- ing rooms in health professionals' offices, and in school buildings. Smoking is, however, permitted in designated areas. Violation of this section is a petty offense. Refer- ence Date 1973. ARIZ. REV. STAT. ANN. Section 36- 601 .Ol (Supp. 1984-1985). o It is required for state buildings to post rules designating smoking and nonsmoking areas within buildings and to prohibit smoking in meeting rooms, classrooms, restrooms, waiting areas, and half the area of cafeterias and lounges. It also makes it illegal to smoke in buses, museums, stores, elevators, hospitals, libraries, courtrooms, and 50-seat restaurants. Reference Date 1986. ARIZ. REV. STAT. ANN. Section 36-601.02 (West Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o The sale or furnishing of cigars, cigarettes or cigarette papers, and smoking or chewing tobacco to minors is prohibited. Minors are prohibited from possessing or accepting cigars, cigarettes or cigarette papers, and smoking or chewing tobacco. Violation of this section constitutes a petty offense. Reference Date 1901. ARIZ. REV. STAT. ANN. Section 13-3622 (1978). o A minor is defined as a person under I8 years of age. Reference Date 1972. ARIZ. REV. STAT. ANN. Section 8-201 (I 974). Schools and School Health Education o Schools are required to educate students about the harm- ful effects of tobacco use. Reference Date 1981. ARIZ. REV. STAT. ANN. Section 15-712 (1984). Commerce o Every person selling tobacco, cigarettes, or cigars must obtain a license from the Depatiment of Revenue. Refer- ence Date 1973. ARIZ. REV. STAT. ANN. Section 42- 1 203 (1980). Taxation o The tax rate per pack is 156 and was last changed in 1984. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 7986, vol. 21, p. 9. 78 Arkansas Limitations on Smoking In Public Places Commerce o Smoking is prohibited in doctors' or dentists' waiting rooms, in hospital corridors, nurses' stations, in hospital rooms other than private patient rooms, in day care centers licensed by the Human Services Department, and on school buses. Smoking is permitted in designated smoking areas. This Act expressly excludes hotels, motels, and restaurants. Violation of this provision con- stitutes a misdemeanor punishable by a $10 to $100 fine. Reference Date 1977. ARK. STAT. ANN. Sections 62- 3701 to 823703 (Supp. 1983); ARK. STAT. ANN. Section 83-925 (Supp. 1985). o The Heaith Department is provided with more regulatory control over quality of tobacco products; penalities for possession of untaxed tobacco products are increased. Reference Date 1977. ARK. CODE OF 1987 ANN. Sec- tions 26-57-202, 26-57-207, 26-57-216, 26-l 7-218, 26- 57-248 & 26-57-254 (1987). Taxatlon o The tax rate per pack is 21e and was last changed in 1983. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o All state agencies are required to take into consideration both nonsmokers and smokers when establishing and implementing a smoking policy for the general office space of each state agency. Reference Date 1987. ARK. CODE OF 1987 ANN. Section 25-l-102 (Supp. 1987). . Smoking is prohibited in day care centers licensed by the Division of Social Services, Human Servic8s Department. Reference Date 1985. ARK. CODE OF 1987 ANN. Sec- tion 20-78-217 (1987). o The enactment of the Tobacco Products Tax Act recog- nizes that "the smoking of cigarettes is detrimental to the health of the smoker."The legislative intent and purpose of the Act is "to provide for the close supervision and control of the IiWISing of persons to sell Cigarettes in order to assure that cigarettes are fresh and not con- taminated...." Reference Date 1977. ARK. STAT. ANN. Sections 26-57-202,26-57-216,26-57-218 & 26-57-254. Regulatlon of Sale to and Use of Tobacco Products by Minors o Any aduit, other than the parent or guardian, is prohibited from contributing to the delinquency of a minor by furnish- ing tobacco in any form or cigarette'papers to anyone under 18 years of age. Violation of this prohibition is a class A misdemeanor. Reference Dates 1975 and 1929. ARK. STAT. ANN. Sections 41-2406 & 41-2465 (1977). o Smokeless tobacco, snuff, and smoking tobacco are defined as tobacco products and are taxable under 16 percent of the Arkansas Tobacco Products Tax. Refer- ence Date 1983. ARK. CODE OF 1987 ANN. Sections 26-57-203 8 26-57-208 (Supp. 1987). Schools and School Health Education o Every person under the Arkansas Tobacco Products Tax Act is required to pay the excise tax on tobacco products and every wholesaler selling cigarette papers shall pay an excise tax of 25e per package of 32 Sh88tS. Reference Date 1983. ARK. CODE OF 1987 ANN. Section 26-57- 801 (Supp. 1987). o Smoking in public schools is prohibited unless in a desig- nated smoking area provided for non-students over the age of 18 years. Violation is a misdemeanor punishable by a fine of $10 to $100. Reference Date 1987. ARK. CODE OF 1987 ANN. Section 6-21-609 (Supp. 1987). o In cities separated by the state line, the cigarette tax rate imposed is the same as the adjoining city across the Arkansas state line. Reference Date 1983. ARK. CODE OF 1987 ANN. Section 26-57-208 (1987). California Llmitatlons on Smoking In Public Places o A nonsmoking area of not less than 50 percent of pas- senger seats is required on trains, airplanes, and street railroad cars departing from the state. Signs mUSt be posted designating nonsmoking areas. A violation of this section, however, is not a crime. Reference Date 1971. CAL. PUB. UTIL. CODE Section 561 (west Supp. 1965). o Bus drivers are prohibited from smoking on buses in which "young people" riie. Reference Date 1982. CAL. VEH. CODE Section 12523 (West Supp. 1985). o School district officials are required to designate smoking areas for teachers and other school employees who are prohibited from smoking on school grounds, except in these designated areas. Effective until January 1, 1989. 79 Reference Date 1982. CAL. EDUC. CODE Sections 35176.5 & 35176.6 (West Supp. 1965). o Each state department must adopt a policy recognizing the right Of nonsmokers t0 a "SmOk8-fr88 environment" in formal and informal meetings and in work stations. Ref- erence Date 1982. CAL. GOVT. CODE Section 19262 (West Supp. 1985). o Smoking is prohibited in patient care areas and waiting rooms of clinics, except in designated smoking areas. Smoking is prohibited in patient rooms unless all persons assigned to the room consent. Signs designating smok- ing and nonsmoking areas must be posted except in patient rooms. Smoking in prohibiied areas is an infrac- tion punishable by a fine up to $100. Skilled nursing and intermediate care facilities are excluded. Reference Date 1980. CAL. HEALTH & SAFETY CODE Sections 1234, 1235(b), 1286 8 1290 (West Supp. 1985). o Smoking is prohibited on public transportation and is punishable by fines up to $50 or 20 hours of community service. Reference Date 1981. CAL. PENAL CODE Sec- tion 640 (West Supp. 1985). 9 The California Indoor Clean Air Act provides that non- smokers are entitled to a smoke-free area in public build- ings during public meetings. Smoking is prohibited during performances in publicly Owned buildings, except in the lobby. No such prohibition applies to indoor sporting events. Nonsmoking areas must be provided in res- taurants where capacity is 50 or more if the restaurant is in a publicly OWn8d building. The legislative intent is not to preempt local regulation of smoking. In fact, the statute states that "a local governing body may ban completely the smoking of tobacco." Smoking is prohibited in retail food production and marketing establishments, except in designated areas. Reference Date 1976. CAL. HEALTH & SAFETY CODE Sections 25940 to 25947 (West 1984). o The regulation of smoking in public places is necessary to protect the health, safety, welfare, comfort, and en- vironment of nonsmokers; therefore, smoking of tobacco or any plant product in any vehicle of the public transit system is a misdemeanor. Reference Date 1987. CAL. HEALTH & SAFETY CODE Sections 25948 to 25949.8 (West Supp. 1988). o A city or county is permitted to enforce its ordinance regulating the smoking of tobacco in a private residence that is licensed as a child day care facility during hours of operation with respect to those areas of the facility where children are present. Reference Date 1986. CAL. HEALTH & SAFETY CODE Section 1596.795 (West Supp. 1988). Regulation of Sale to and Use of Tobacco Products by Minors 9 Furnishing tobacco, cigarettes, cigarette papers. or any other preparation of tobacco, or any other smoking instru- ment or paraphernalia to one under 18 years of age is prohibited. Violation of this prohibition constitutes a mis- demeanor. Tobacco dealers and sellers must post a copy of this Act. Failure to post a copy of the Act is punishable by a $10 fine for the first violation, and $50 or up to 30 days in jail for subsequent violations. Reference Date 1891. CAL. PENAL CODE Section 308 (West Supp. 1985). Schools and School Health Education This section authorizes the selection of instructional materials on the effects of smoking, along with other environmental and heafth topics. When adapting instruc- tional materials for use in the schools, governing boards shall include only instructional materials that accurately portray the effects on the human system of the use of tobacco. Refer&rce Date 1976. CAL. EDUC. CODE Set- tion 308 (West Supp. 1965). A community college student may be suspended for persistently smoking in prohibited areas. Reference Date 1983. CAL. EDUC. CODE Sections 76030 to 76034 (West Supp. 1985). A pupil may be suspended or recommended for expulsion if the superintendent or principal of the school determines that the pupil has, among others, possessed or used tobacco. This law also repeals the authority of thegovern- ing board of any school district maintaining a high school to adopt rules and regulations permitting th8 smoking and possession of tobacco on the campus of a high school or while Under the authority of the school principal. Refer- ence Date 1983. CAL. EDUC. CODE Section 48901 (w8St Supp. 1988). Flegulatlon of Advertising Practices . Any person, firm, or corporation engaged in the manufac- ture or sale of SmOk8leSS tobacco products within the state that sponsors or underwrites any professional or amateur sporting event is guilty of a misdemeanor punishable by afine of $500. Reference Date 1986. CAL. BUS. 8 PROF. CODE Section 17537.3 (West Supp. 1987). Commerce o Tobacco may not be manufactured at home. Reference Date 1939. CAL. LAB. CODE Section 2651 (West Supp. 1985). o A cigarette distributor must obtain a state license for each place of bUSin8SS at which he or she engages in the business of distributing cigarettes. CAL. REV. & T. CODE Section 30 140 (West 1979). 9 Not more than two percent of the discounts granted to distributors of cigarettes by manufacturers of cigarettes for cash payments may be used to reduce costs. Refer- ence Date 1965. CAL. BUS. & PROF. CODE Section 17026.5 (West Supp. 1987). Taxation o The tax rate per pack is 10~ and was last changed in 1967. The Tobacco Institute, The Tax Burden on Tobao co: Historical Compilation, 7986, ~0121. p. 9. 80 o Sales of cigarettes by the original importer to the licensed distributor are exempt from the taxes imposed by the Cigarette Tax Law if they are manufactured outside the United States. Reference Date 1959. CAL. REV. 8 T. CODE Section 30105 (West Supp. 1988). Health and Safety Regulations . Smoking is prohibited in or around a vehicle carrying explosives. Violation is punishable as a misdemeanor by a fine up to $1,000, six months imprisonment, or both. Reference Date 1959. CAL. VEH. CODE Sections 31614 & 31618 (W8St Supp. 1985). o Smoking is prohibited within a hazardous fire area. Smok- ing is prohibited in national forests, except at times and places designated by U.S. Secretary of Agricufture regulations. Reference Date 1965. CAL. PUB. RES. CODE Sections 4255 & 4331 (West 1984). . Smoking is prohibited in ice-storage rooms as a sanitation requirement. A violation is punishable by a fine between $50 and $1,000, six months imprisonment, or both. Ref- erence Date 1953. CAL. HEALTH & SAFETY CODE Sections 4004 & 4009 (West 1979 8 Supp. 1985). o One who carelessly or negligently throws or places a lighted cigarette on something that may cause a fire is guilty of a misdemeanor. Reference Date 1939. CAL. HEALTH 8 SAFETY CODE Sections 13001 (West 1984). o Discarding a lighted or nonlighted cigarette upon any highway, sidewalk, or upon any public or private property is prohibited. Violation is punishable by a mandatory fine of $20 to $40 for the first conviction, $50 to $1,000 for the second conviction, and $100 to $1,000 for subsequent convictions. A second conviction may result in requiring the offender to pick up litter for not less than four hours; the third conviction aUthOriZ8S not less than eight hours of such work. Reference Date 1939. CAL. HEALTH & SAFETY CODE Section 13002 (West 1984). 9 Restaurant employees are prohibited from smoking where food is prepared or utensils are cleaned or stored. Employers must post "No Smoking" signs in working areas. No penalty is provided under this section. Refer- ence Date 1961. CAL. HEALTH & SAFETY CODE Sec- tion 27605 (West Supp. 1985). o A proclamation pursuant to Section 4423.1 shall not be issued preventing smoking on public or private land, unless smoking is specifically banned by proclamation or county ordinance. Smoking is permitted within areas where all flammable vegetation has been cleared to mineral soil, in established public campgrounds, and in motor vehicles. Reference Date 1976. CAL. PUB. RES. CODE Section 4423.4 (West 1984). Colorado Llmltations on Smoklng In Public Places o Smoking is declared to be a "matter of public concern," and is prohibited in the following public places: elevators, hospitals, public buikfings, recreational facilities, public transportation vehicles, and schools, except in desig- nated smoking areas. While restaurants, taverns, and commercial establishments are not covered by the statute, the legislature expressly encourages owners of such establishments to designate nonsmoking areas. Those in charge of public places must post notices desig- nating smoking and nonsmoking areas. Private busi- nesses are urged to designate nonsmoking work areas. Statutory provisions may also be adopted as local regula- tions. Reference Date 1977. COLO. REV. STAT. Sec- tions 25-14-101 to 25-l 4-l 05 (1982). Regu!a?!on of Sale to and Use of Tobacco Products by Minors o Any person who knowingly furnishes any cigarettes or tobacco products to any person under the age of 18 years People in V8hiCl8S and pedestrians are prohibited from throwing lighted or unlighted tobacco products onto roads and adjoining areas. Reference Date 1959. CAL. VEH. CODE Section 23111 (West 1971). The State Department of Health Services is requested to appoint a scientific advisory board to conduct a scientific study of the causal relationship of lung injuries, fatal and otherwise, and health problems associated with the smoking of clove cigarettes. Uncodified. Reference Date 1987. shall be fined $25. In addition, any person who sells or offers to sell any smokeless tobacco products by use of avending machineshall be punished by afine. Reference Date 1987. COLO. REV. STAT. Section 18-13-121 (Supp. 1988). Commerce o ft is unlawful for any Wholesaler to sell or offer cigarettes for sale without first obtaining a license. Reference Date 1964. COLO. REV. STAT. Section 39-28-l 02 (1974). Taxation . The tax rate per pack is 20~ and was last changed in 1986. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilatbn. 1986, vol. 21, p. 9. o The time at which the cigarette tax is payable and the penalties imposed for late payment are Clarified. Refer- ence Date 1964. COLO. REV. STAT. Section 39-28-l 05 (Supp. 1988). 81 o Penalties are imposed for failure to file cigarette and tobacco products tax returns when they are due. Refer- enca Date 1986. COLO. REV. STAT. Sections 39-28- 108,39-28.5-l 06 8 39-28.5-l 10 (Supp. 1987). taken into the mine. Violation of these provisions is a misdemeanor. COLO. REV. STAT. Sections 34-29-l 03 & 34-29-l 04 (I 984). Health and Safety Regulations 9 Taking cigarettes into a mine is prohibited. Mine operators may search miners if they believe cigarettes are being Connecticut Llmltatlons on Smoklng In Public Places Schools and School Health Education o Smoking is prohibited in government-controlled build- ings, while a governmental meeting or public school or college class is in session, public reception or waiting rooms and health care facilities, except in posted smoking areas. NOtiC is to be posted at institution entrances. Patients may request no-smoking rooms. Except in designated areas, smoking is also prohibited in res- taurants with seating capacity for more than 75, except where private social functions are being held, and in passenger elevators where no-smoking notices are posted. Smoking is prohibited in any area of a retail food store open to the general public. o Violation of these provisions constitutes an infraction. Restaurants in violation shall have three demerit point items deducted from their rating score under the commis- sioner of health services regulations. Reference Date 1974. CONN. GEN. STAT. ANN. Section l-21 b (West Supp. 1988). The effects of cigarette smoking are to be taught to public school students. Teacher training institutions must pro- vide instruction to teachers about the best methods to educate students concerning the health effects of cigaret- tes. The State Board of Education and the Board of Governors, in consultation with the Commissioner of Mental Health and the State Alcohol and Drug Abuse Commission, must d8VelOp health education programs for elementary and secondary schools and for the training of teachers, administrators, and guidance personnel with reference to the effects of nicotine or tobacco. Reference Date 1977. CONN. GEN. STAT. ANN. Section lo-19 (West Supp. 1985). o Smoking is prohibited in buses, railroad cars, and school buses, unless a special compartment of such vehicle is designated as a smoking area. The maximum fine for violation of this section is $25. This is an infraction that eliminates the necessity of court appearance. Reference Date 1949. CONN. GEN. STAT. ANN. Section 53-198 (1985). Prospective teachers must pass an examination on the effects of cigarette smoking before being issued a cetlifi- cate to teach in the public schools. Reference Date 1977. CONN. GEN. STAT. ANN. s8CtiOn 1 o-i&I (w8St SUpp. 1985). Commerce . Employers of more than 50 people must establish and post written rules regarding smoking in the place of busi- ness. Such rules must designate smoking and nonsmok- ing areas. Reference Date 1987. CONN. GEN. STAT. ANN. Section 31-4Oq (West Supp. 1988). o Every person engaging in the business of selling cigaret- tes in the State of Connecticut as a dealer must secure a license from the Commissioner of Revenue Services. Reference Date 1949. CONN. GEN. STAT. ANN. Section 12-287 (1983). Regulation of Sale to and Use of Tobacco Products by Minors * The Commissioner of Revenue Services may refuse or revoke a license under certain conditions for distributors under the motor fuels tax, cigarette tax, and alcoholic beverages tax. Reference Date 1984. CONN. GEN. STAT. ANN. Sections 12-286, 12-436 & 12-456 (West Supp. 1988). . Furnishing tobacco in any form to a person under 16 years of age is prohibited. Violation of this provision is punishable by a fine up to $25 for the first offense, and from $25 to $100 for subsequent offenses. Reference Date 1902. CONN. GEN. STAT. ANN. Section 53-344 (West 1958). Taxation o The tax rate per pack is 26@ and was last changed in 1983. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21 I p. 9. 82 Limitations on Smoking in Public Places o Smoking on public trolleys and buses is punishable by a fine between $5 and $25. Reference Date 1960. DEL. CODE ANN. Tile 11, Section 1326 (1979). Regulation of Sale to and Use of Tobacco Products by Minors o The Family Court has exclusive original criminal jurisdic- tion over matters that include the furnishing of tobacco to a child. Furnishing tobacco in any form to one under 17 years of age, except when furnished by the minor's parent or guardian, is prohibited. Reference Date 1953. DEL. CODE ANN. Tile 10, Section 922( 14) (1974) and Title 11, Section 1106 (1979). Regulation of Advertlslng Practices o Smokeless tobacco products shall not be sold without a product warning label as required by Federal law. Refer- ence Date 1953. DEL. CODE ANN. Title 30, Sections 5301 & 5321 (Supp. 1986). Commerce o No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, or dis- tributing tobacco products in the State of Delaware without having first obtained a license. Reference Date 1953. DEL. CODE ANN. Title 30, Section 5307 (1974). Taxation o The tax rate per pack is 14t and was last changed in 1971. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o A tax is imposed on the sale or use of tobacco products other than cigarettes, including smokeless tobacco and cigars at a rate of 15 percent of the wholesale price. Reference Date 1953. DEL. CODE ANN. Title 30, Section 5305 (Supp. 1987). o The definition of "wholesale price" is clarified to aid in the enforcement of the tobacco products tax. Reference Date 1953. DEL. CODE ANN. Tile 30, Sections 5301 & 5305 (Supp. 1986). District of Columbia Limitations on Smoklng In Public Places o Inhaling tobacco smoke isdeclared to be a health hazard, and smoking is prohibited in elevators, selling areas of retail stores (except tobacco shops), public assembly, and hearing rooms owned by the government, schools, public transportation, and health care facilities. "No- smoking" signs are required to be posted. Violations of no-smoking provisions are punishable by a $10 to $50 fine for the first offense, and $50 to $100 for subsequent offenses. Failure to post signs or mutilation of signs is punishable by a $300 fine. On-site inspection and injunc- tive relief are also available enforcement options. Refer- ence Date 1979. D.C. CODE ANN. Sections 6-911 to 6-917(1981). o Smoking is prohibited on public passenger vehicles seat- ing 12 or more. Carriers may refuse to transport violators. Violation is also punishable by a fine of $10 to $50 for the first offense, and by a fine of $50 to $100, up to 10 days imprisonment for subsequent violations, or both. Refer- ence Date 1975. D.C. CODE ANN. Sections 44-223 (b)(l), 44-225 8 44-226 (1981 & Supp. 1985). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigars, cigarettes, or tobacco in any form to a person under 16 years of age is prohibited. Violators are fined between $2 and $10, or imprisoned for between 5 and 20 days. Reference Date 1891. D.C. CODE ANN. Section 22-1120 (1981). Commerce 9 No person shall manufacture for sale, keep for sale, sell or offer to sell cigarettes, or display cigarettes for sale in vending machines without first having obtained a license. Reference Date 1949. D.C. CODE ANN. Section47-2403 (1981). Taxat ion . The tax rate per pack is 17e and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. 83 Limitations on Smoking in Public Places o Florida's Clean Indoor Air Act prohibits smoking in public places or at public meetings except in designated smok- ing areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the room or hall. Public place means the following indoor areas used by the general public: government buildings; restaurants that seat more than 50 persons, except restaurants that designate smoking areas according to customer demand; retail stores, except a retail store where the primary business is the sale of tobacco products; public means of mass transportation and their associated terminals; elevators; hospitals; nursing homes; educational facilities; libraries; courtrooms; jury waiting and delibera- tion rooms; grocery stores; public school buses; museums; theaters; auditoriums; arenas; recreational facilities; and places of employment. Public meeting means all meetings open to the public including meetingsof homeowner, condominiumor renter or tenant associations unless such meetings are hekl in a private residence. Reference Date 1986. FLA. STAT. ANN. Section 386.201 (Supp. 1986). . Possession of lighted tobacco products on an elevator is prohibited, and constitutes a second degree mis- demeanor. Reference Date 1983. FLA. STAT. ANN. Sec- tion 823.12 (West Supp. 1985). o Elevator certificates of operation must contain a prescribed no-smoking provision. Reference Date 1974. FLA. STAT. ANN. Section 399.07(d)(3) (West Supp. 1985). Regulation of Sale to and Use of Tobacco Products by Minors ' Furnishing cigarettes, cigarette wrappers, or any other tobacco product to minors or compelling them to smoke is prohibited. Violation is punishable as a second degree misdemeanor. Law enforcement officials may compel a minor to testify as to where he or she obtained cigarettes. Reference Date 1985. FLA. STAT, ANN. Sections 859.06 & 859.07 (Supp. 1986). . One who furnishes cigarettes to a minor is subject to a fine up to $500 or imprisonment up to 60 days or both. Reference Date 1971. FLA. STAT. ANN. Sections 775.082(4)(b) & 775.083(1)(e) (West 1976 & Supp. 1985). . A minor is defined as a person under 18 years of age. Reference Date 1973. FLA. STAT. ANN. Section 743.07 (West Supp. 1985). Florida Schools and School Health Education o The State instructional Materials Council's duties include evaluation and recommendation of materials for schools about the effects of smoking. When recommending in- structional materials for use in the schools, each council shall include only instructional materials that accurately portray the effects of the use of tobacco on the human system. To be repealed October 1,199l. Reference Date 1981. FLA. STAT. ANN. Section 23309(4)(b) (West supp. 1985). o This section authorizes cancer research, recognizesthat smoking is a cause of cancer and encourages programs to educate people on the prevention of cancer. Reference Date 1979. FLA. STAT. ANN. Section 381.371(2)(c) (West Supp. 1965). Commerce o No person shall engage in the business of selling or dealing in tobacco products as a distributor in any place of business in Florida without first having received a license to engage in such business. FLA. STAT. ANN. Section 210.35 (West FLA. Session Law Service, Ch, 85-l 41,1985). o No person shall sell, use, possess, give away, or other- wise dispose of cigarettes, made in whole or in part from, or containing cloves, clove oil, eugenol, or any derivative . thereof. FIA. STAT. ANN. Section 859.09 (West FLA. Session Law Service, Ch. 85-l 51,1985). 8 The uniform standards for sales, pricing, advertising of, and calculation of cost of cigarettes are defined and penalties for violations are prescribed. Uncodified. West FLA. Session Law Service, Ch. 87-353 (1987). 9 An advisory council shall advise the department on the condition of the tobacco crop. The composition and method of appointment of members of the advisory coun- cil are defined; exemptions to tobacco producers and handlers are listed. Reference Date 1970. FLA. STAT. ANN. Sections 573.858 to 573.878 (Supp. 1988). Taxation o The tax rate per pack is 24~ and was last changed in 1986. The Tobacco Institute, The Tax Burden on Tobac- co: /-/istorkal Compilation, 1986. vol. 21, p. 9. 9 The rate of tax imposed on cigarettes is increased in an amount equal to the scheduled reduction in the rate of the Federal cigarette tax. Reference Date 1982. FLA. STAT. ANN. Sections 210.02,210.11 & 210.20 (Supp. 1986). o Taxes are imposed on certain tobacco products; license fees and surety bonds are defined. Reference Date 1985. FLA. STAT. ANN Sections 210.25 to 210.75 (Supp. 1986). 84 . The cigarette tax rate is revised to eliminate a credit against the tax. it deletes authorization for credit for taxes paid on cigarettes shipped to another state or that are unsalable or have been destroyed. ft also revises the distribution of tax proceeds. Reference Date 1982. FLA. STAT. ANN. Sections 210.02,21G.O5, 210.20 & 210.55 (Supp. 1986). Health and Safety Regulations o Discarding cigarettes (defined as litter) is prohibited on public roadways, in state waters or on private property without the consent of the owner. Violation constitutes a second degree misdemeanor, and the court may impose additional penalties of picking up litter or other commen- surate labor. Reference Date 1975. FLA. STAT. ANN. Section 403.413 (West Supp. 1985). o Discarding lighted smoking materials from a vehicle is prohibited. Willful violation is a third degree felony, and careless violation is a second degree misdemeanor. Penafties may be imposed against both individuals and businesses. Reference Dates 1935 and 1972. FLA. STAT. ANN. Sections 590.10 & 590.14 (West 1962 & Supp. 1985). Georgia Llmitatlons on Smoking In Public Places Commerce o As part of the criminal code, smoking is prohibited in public elevators, public transportation, and any other public area designated by a no-smoking sign. This sec- tion is punishable by a fine between $10 and $100. Reference Date 1975. GA. CODE ANN. Section 26-9910 (1983). o No person shall engage in the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars or cigarettes without a license. Refer- ence Date 1955. GA. CODE ANN. Section 48-11-2 (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o The U.S. Congress is urged to enact legislation that permits tobacco growers to purchase poundage allot- ments from flue-cured owners in their tobacco belt. Un- codified. Reference Date 1987. o The sale or furnishing of cigarettes or tobacco-related objects to any minor under the age of 17 years is prohibited. The purchase or procurement of such for any minor is also prohibited. Reference Date 1987. GA. CODE ANN. Sections 16-12-170 to 16-12-173 (Supp. 1987). Taxation o The tax rate per pack is 12~ and was last changed in 1971. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 7986, vol. 21. p. 9. Schools and School Health Education o A prescribed heafth education course of study in the schools may include cigarette abuse instruction. The State Superintendent of Schools is responsible for the preparation or approval of a manual detailing the course of study. Reference Date 1971. GA. CODE ANN. Section 32-l 901 (Supp. 1984). o The rate of taxation on cigars is changed from 15 to 13 percent of the wholesale price. Reference Date 1955. GA. CODE ANN. Section 48-1 l-2 (Supp. 1987). Health and Safety Regulations . ft is unlawful to start a fire by discarding a lighted cigarette. Violation is punishable as a misdemeanor. Reference Date 1971. GA. CODE ANN. Sections 26-9926a & 26- 9927a (1983). Hawaii Llmitatlons on Smoking in Public Places o Smoking is prohibited in state operated enclosed meeting rooms, elevators, enclosed arenas, and enclosed com- munity centers. Maximum penafty is $100. Other enfor- cement provision includes ejection from the no-smoking area of anyone issued a citation or summons who con- tinues to smoke. Reference Date 1976. HAWAII REV. STAT. Sections 321-201 to 321-206 (1976 & Supp. 1984). o Smoking is prohibited in certain public places, including, but not limited to, certain areas of public and private health care facilities, restaurants, theaters, museums, libraries, 85 galleries, state- or county-owned buildings, and other areas open to the public. Reference Date 1987. HAWAII REV. STAT. Sections 328K-6 & 328K-125 (Supp. 1987). . Each employer who operates an office or offices in the state is required to adopt, implement, and maintain a written smoking policy in the workplace. Reference Date 1987. HAWAII REV. STAT. Sections 328K-11 to 328K-16 (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing tobacco in any shape or form to a person under 15 years of age is prohibited and is punishable by a fine up to $100. Tobacco dealers forfeit their license after a second offense. Reference Date 1890. HAWAII REV. STAT. Sections 445-212 & 445-213 (1976). 9 The age at which a person may purchase tobacco products is increased from 15 years to 18 years of age. Reference Date 1890. HAWAII REV. STAT. Sections 445-212,445-212.5 & 445-213 (Supp. 1987). Commerce o lt is unlawful for any wholesaler or dealer to sell or use tobacco products in Hawaii without having first received a license issued by the Department of Taxation. Refer- ence Date 1939. HAWAII REV. STAT. Section 245-2 (1976). Taxation o The tax rate per pack is 3Oe as the rate is 40 percent of the wholesale price. This was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. Idaho Llmltations on Smoking In Public Places o Smoking is prohibited in public places and at public meetings except in designated smoking areas. Public place is defined as any enclosed indoor area used by the public including, but not limited to, restaurants with a seating capacity of 30 or more, retail stores, grocery stores, and stores that sell food primarily for off-site consumption, public conveyances, educational facilities, hospitals, nursing homes, auditoriums, arenas, and meet- ing rooms. Smoking is also prohibited in elevators. Viola- tion is punishable by a fine not to exceed $50. Reference Date 1985. IDAHO CODE Sections 39-5501 to 395509 (1985). 9 Smoking is prohibited in public buildings controlled by governmental agencies while public meetings are in progress, except in designated smoking areas. Violation is punishable by a fine between $5 and $10. No-smoking signs are to be displayed. Reference Date 1975. IDAHO CODE Sections 18-5904 to 18-5906 (Supp. 1985). o Smoking is not allowed in restaurants, except in restrooms or by members of the public in the dining rooms. Notices forbidding tobacco use, except as provided, are to be posted. Violation is punishable by a fine between $10 and $100, six months imprisonment, or both. Reference Date 1925. IDAHO CODE Sections 39- 1612 &39-1613 (1977). o Smoking of tobacco or other products in or upon any bus, except a charter, is prohibited and punishable by a fine. Reference Date 1987. IDAHO CODE Section 39-5510 (Supp. 1987). $j;;ition of Sale to and Use of Tobacco Products by o A person under 18 years of age who possesses cigars, cigarettes, or tobacco in any form, or cigarette papers, or a person who furnished cigars, cigarettes, or tobacco in any form, or cigarette papers to anyone under 16 years, . is guilty of a misdemeanor. The person furnishing tobacco is fined from $50 to $100 for the first offense, and $300 or up to six months in jail for the second offense. Refer- ence Date 1981. IDAHO CODE Section 18-l 502A (Supp. 1985). o Making tobacco vending machines accessible to minors under 18 years, or otherwise making tobacco available to minors is punishableas a misdemeanor. Also, any person violating this provision is deemed guilty of keeping and maintaining a nuisance; abatement and injuncture relief may be obtained. Reference Date 1972. IDAHO CODE Sections 18-l 503 & 18-l 504 (1977). Schools and School Health Education o Public school education should include instruction on the effects of smoking. The State Board of Education is responsible for preparation of study guides and materials. Reference Date 1963. IDAHC CODE Section 33-1605 (1981). Commerce o Retailers, wholesalers, and vending machine operators who purchase, sell, offer for sale, distribute, or store cigarettes must receive a license or permit from the state tax commission. Reference Date 1974. tOAH CODE Sections 63-2501 to 63-2503 (Supp. 1987). 86 Taxatlon o The tax rate per pack is 18c and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. o The rate of the cigarette tax is increased by 89/200 of 1 c for each cigarette. The distribution of the cigarette tax revenues is provided. Reference Date 1974. IDAHO CODE Sections 63-2506, 63-2520 & 63-2522 (Supp. 1987). o Part of the revenue collected by the cigarette tax goes to a Cancer Control Account created by Section 57-1702. Reference Date 1974. IDAHO CODE Section 63- 2520(b)(4) (Supp. 1985). o The Cancer Control Account is to promote cancer control through research, screening, and treatment. Reference Date 1979. IDAHO CODE Section 57.1702 (Supp. 1985). Health and Safety Flegulatlons . Smoking is prohibited in food products factories. Violation is punishable by fines between $25 and $500, six months imprisonment, or both. Reference Date 1921. IDAHO CODE Sections 37-2006 & 37-2008 (1977). o Discarding lighted cigarettes from a vehicle or in an area where a fire may be caused is prohibited. Violation is a misdemeanor. Reference Date 1972. IDAHO CODE Sec- tion 18-7005 (1977). o Discarding lighted tobacco in a forest or range land during the closed season is prohibited. Violation is a petty mis- demeanor. Reference Date 1972. IDAHO CODE Section 38-l 17 (1977). Illinois Regulation of Sale to and Use of Tobacco Products by Mlnors o The purpose of the Tobacco Accessories and Smoking Herbs Control Act is to control sale and possession of tobacco and illegal drugs becauseof their potential health hazard. Furnishing a person under 18 years of age with "tobacco accessories" or "smoking herbs" is prohibited. A warning to minors must be posted where tobacco acces- sories and smoking herbs are sold. Violation is a class C misdemeanor. Minor's use of a false identification to obtain prohibited items is also a violation. Reference Date 1982. ILL. REV. STAT. Ch. 23, Paragraphs 2358-l to 2358-5 (1983). o Persons under 18 years of age are prohibited from buying cigars, cigarettes, or tobacco in any form unless upon the written orderof the minor's parent or guardian. Furnishing cigars, cigarettes, or tobacco in any form to one under 18 years is prohibited unless upon the written order of the minor's parent orguardian or unless sold in the presence of such parent or guardian. One who violates this section is subject to a fine up to $50 for the first offense and up to $100 for subsequent offenses. Reference Date 1887. ILL. REV. STAT. Ch. 23, Paragraphs 2357 & 2358 (West Supp. 1987). o The Smokeless Tobacco Limitation Act prohibits the dis- tribution of sample cigarettes or smokeless tobacco to persons under the age of 18 years. Reference Date 1887. ILL. REV. STAT. Ch. 23, Paragraphs 2358-l to 2358-5 (West Supp. 1987). Schools and School Health Education o The health education program in schools is to include instruction about tobacco use. Reference Date 1971. ILL. REV. STAT. Ch. 122, Paragraph 863 (1983). Regulation of Advertising Practices o Outdoor billboard advertisements for smokeless tobacco are required to bear one of three health warning state- ments. Reference Date 1987. ILL. REV. STAT. Ch. 23, Paragraphs 2358-l & 2358-2 (West Supp. 1987). Commerce . Distributors of cigarettes in the State of Illinois must be licensed. ILL. REV. STAT. Ch. 120, Section 453.4 (1970). Taxation . The tax rate per pack is 20~ and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p.9. Health and Safety Rsgulatlons . Smoking is prohibited in gassy and underground mines, and in or near any magazine. Reference Date 1953. ILL. REV. STAT. Ch. 96-112, Paragraphs 1302, 2003, 2105, 2107,& 3115 (1983). o Various organizations are requested to report on the findings and evaluations of the smoking programs within the State of Illinois. Uncodified. Reference Date 1987. 87 o Smoking is prohibited in stores that sell fireworks and in fireworks factories. ILL. REV. STAT. Ch. 127-l/2, Para- graphs 109& 113 (1983). Indiana Llmltatlons on Smoking In Public Places Commerce o Indiana's Clean Indoor Air Act prohibits smoking in public places or at public meetings, except in designated smok- ing areas. Violation is a Class C infraction. Reference Date 1987. IND. CODE ANN. Sections 13-1-13-1 to 13-l-13-9(1987). Regulation of Sale to and Use of Tobacco Products by Minors o Employment of one under 17 years of age to manufacture or pack tobacco is prohibited unless an exemption is granted. In an action for damages for personal injuries by one under 17 years of age based on his or her tobacco related employment, strict liability is applicable. Reckless violation is a Class C misdemeanor. Reference Date 1973. IND. CODE ANN. Sections 20-8.1-4-24,20-8.1-4- 28 8 20-8.1-4-31 (West 1984). m The sale of tobacco to one under 16 years of age is prohibited. Knowledge of the violation is a Class C infrac- tion, and it is no defense that the minor did not smoke the tobacco. Reference Date 1980. IND. CODE ANN. Sec- tion 35-46-l -10 (West Supp. 1985-l 986). . Cigarette distributors must obtain registration certificates from the Department of State Revenue. Reference Date 1947. IND. CODE ANN. Section 6-7-l -16 (1984). Taxation 9 Persons in control of vending machines are required to post signs stating that those under 16 years of age are forbidden to buy cigarettes. Failure to post notice is a Class C infraction. Reference Date 1983. IND. CODE ANN. Section 35-46-l -11 (West Supp. 1985-l 986). o The tax rate per pack is 15.5~ and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. o The sale and delivery of tobacco to persons under 18 years of age is prohibited. Violation is a Class C infraction. Tobacco vending machines must post notice of the prohibition, Reference Date 1987. IND. CODE ANN. Sec- tions 34-4-38-l to 34-4-38-3 (West Supp. 1987). o A tax is imposed on the distribution of tobacco products other than cigarettes at the rate of 25 percent of the wholesale price. Reference Date 1987. IND. CODE ANN. Sections 6-7-2-2 to 6-7-2-4 (West Supp. 1987). Health and Safety Regulations Schools and School Health Education 9 Tobacco use is prohibited where food is processed or stored. Reference Date 1949. IND. CODE ANN. Section 16-l -22-21 (West 1984). o Governing bodies and county superintendents shall in- clude instruction in the nature and effects of tobacco to students in grades four to eight. The State Board of Education must include a separate course on the effects of enumerated drugs, including tobacco, for high school students. Willful refusal to provide the instruction is grounds for dismissal. Reference Date 1975. IND. CODE ANN. Section 20-l 0.1-4-g (West 1984). . Smoking is prohibited in or near a vehicle carrying ex- plosives and in explosives plants except in designated areas. Violation is a Class C misdemeanor unless the state fire marshal has demanded comptiance in writing; violation is then a Class A misdemeanor. Reference Date 1969. IND. CODE ANN. Sections 22-t 1-13-l 6,22-l l-13- 20, & 22-l l-l 3-28 (West 1981). Iowa Llmltatlons on Smoklng In Public Places o Smoking is prohibited in indoor theaters, libraries, art museums, concert hails, auditoriums, or similar facilities that are open to the public (except in designated smoking areas and food consumption areas), elevators, nonsmok- ing areas of public transportation, health care facilities and patient rooms (except in designated smoking sec- tions), and in nonsmoking areas of public buildings. Signs must be posted designating nonsmoking areas. Aviolator 88 of this Act must pay a civil fine of $50 for each violation. Reference Date 1939. IOWA CODE ANN. Sections 98.1 to 98A.6 8 805.8 (West Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigarettes or cigarette papers or tobacco in any form, including the sale or gift of smokeless tobacco, to a person under 18 years of age is prohibited, unless there is a written authorization from the minor's parent or guardian. A first violation is a "simple" misdemeanor and subsequent violation is a "serious" misdemeanor. Refer- ence Date 1939. IOWA CODE ANN. Sections 98.2,98.4 & 98.5 (West Supp. 1988). o Minors under 18 years of age possessing cigarettes or cigarette papers anywhere except at home are required to tell where the cigarettes were obtained. Refusal to comply is a misdemeanor. Reference Date 1909. IOWA CODE ANN. Sections 98.4 and 98.5 (West 1984). Schools and School Health Education . In order for a district to be on an approved list, the effects of tobacco must be taught in both the elementary and secondary schools. The State Board of Public Instruction is responsible for enforcement. Reference Date 1975. IOWA CODE ANN. Section 257.25 (West Supp. 1985). Llmitatlons on Smoklng In Public Places . Smoking is prohibited where no-smoking signs are posted in public meeting rooms, elevators, indoor theaters, libraries, art museums, concert halls, health care facility waiting rooms, and public buses. Violation is punishable by a fine up to $25. Reference Date 1975. KAN. STAT. ANN. Section 21-4008 (1981). o Smoking is prohibited in public places including, but not limited to, restaurants, retail stores, educational facilities, courtrooms, and state, county, or municipal buildings. The use of tobacco products in health care institutions or any place where heafth care services are provided to the public is also prohibited. Repeals 21-4008. Reference Date 1987. KAN. STAT. ANN. Sections 21-4009 to 21- 401 4 (Supp. 1987). Re&tlon of Sak to and Use of Tobacco Products by o This taxation act provides that selling cigarettes to a person under 18 years of age is prohibited. It is also a o A student may be suspended or expelled fortobacco use at school. Reference Date 1965. IOWA CODE ANN. Section 279.9 (West Supp. 1985). o Area vocational schools and community colleges are not required to prohibit tobacco use. Reference Date 1965. IOWA CODE ANN. Section 280A.23(3) (West Supp. 1985). Taxation o The tax rate per pack is 26t and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 7986, vol. 21, p. 9. o Tobacco tax assessment periods, penalties and appeal periods, and filing of sales and services tax refund claims are defined. Reference Date 1967. IOWA CODE ANN. Section 98.45 (West Supp. 1988). o The rate of the cigarette and little cigar and tobacco products taxes are specified. Reference Date 1971. IOWACODE ANN. Section 135C.23 (West Supp. 1987). Health and Safety Regulations o The authority to prevent, abate, and control air pollution is delegated. Reference Date 1972. Section 455.8145 (West Supp. 1987). Kansas violation for one under 18 years of age to buy cigarettes. Maximum penalty for a violation is a fine up to $1,000 or up to one year imprisonment or both. Distribution of sample cigarettes to minors under 18 years of age is punishable by a fine of $500 to $2,500 or up to one year in prison or both. Reference Date 1933. KAN. STAT. ANN. Sections 79-3321 and 79-3322 (1984). Commerce . Each person engaged in the business of selling cigarettes in the State of Kansas must secure a license from the division of taxation. Reference Date 1933. KAN. STAT. ANN. Section 79-3304 to 79-3306 (Supp. 1987). Taxat Ion o The tax rate per pack is 24c and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. 89 Kentucky Llmltatlons on Smoklng In Public Places o Smoking is prohibited on school grounds, except by adult employees in designated smoking rooms. This exception, however, applies only to counties in which there is a first or second class city or urban county government. Viola- tion is punishable by a fine between $1 and $5. Reference Date 1972. KY. REV. STAT. Section 438.050 (1985). Regulatlon of Sale to and Use of Tobacco Products by Minors o The law prohibiting cigarette smoking by minors under 18 years of age was repealed effective January 1, 1975. Reference Date 1974. KY. REV. STAT. Sections 438.020 to 438.040 (1985). Commerce . No person other than a manufacturer shall acquire cigarettes in Kentucky on which the state cigarette tax has not been paid, nor act as a wholesaler, vending machine operator, subjobber, transporter, or unclassified acquirer of such cigarettes without first obtaining a license from the Department of Revenue. Reference Date 1982. KY. REV. STAT. Section 138.195 (1983). o The Kentucky Tobacco Task Force has been reauthorized to help resolve the problems facing the tobacco program. Uncodified. House Res. 20 (1986). Taxatlon The tax rate per pack is 3e and was last changed in 1970. The Tobacco Institute, The Tax Burden on Tobacco: Historical Compilath, 7986, vol. 21, p. 9. These provisions create aTobacco Research Trust Fund. Funding is provided by levying a tax on cigarettes, to be combined with available Federal funding. Funds ap- propriated for the Research Trust Fund go to the Univer- sity of Kentucky Tobacco and Health Research Institute and are to be applied exclusively to projects and programs "directed toward improvements in the tobacco industry, and more specifically toward proving or disprov- ing questions of heaffh hazards to tobacco users..... Section 248.520(5). A Tobacco Research Board, com- prised of 14 members, is to authorize and review the research projects, and is to make yearly reports. Refer- ence Date 1978. KY. REV. STAT. Sections 248.510 to 248.570 (Supp. 1984). Health and Safety Regulatlons o Disposing of lighted tobacco products is prohibited in or near forests. Smoking in forests during an emergency period of fire danger is prohibited. Reference Date 1964. KY. REV. STAT. Section 149.370 (1980). o Taking cigarettes into a mine is prohibited. The mine operator is to make frequent searches to prevent carrying in or using such articles as cigarettes. Reference Date 1952. KY. REV. STAT. Section 352.170(3) (1983). Louisiana Llmltatlons on Smoklng In Public Places o Smoking is allowed in all areas of the Louisiana Super- dome except in the arena. Violators shall be advised of the prohibition by Superdome personnel. Reference Date 1987. LA. REV. STAT. ANN. Section 40:1299.131 (West Supp. 1988). Schools and School Health Education . A student may be suspended for smoking on school property or buses. Reference Date 1922. LA. REV. STAT. ANN. Section 17:41 G(A)(l)(a)(vi) (West Supp. 1985). Commerce o Every person who sells at wholesale or by vending machine, who is about to engage in the business of receiving unstamped or non-tax paid cigarettes, cigars, and smoking tobacco or who is engaged in the business of receiving stamped cigarettes at wholesale must obtain a permit from the collector of revenue. Reference Date 1974. LA. REV. STAT. ANN. Section 47:844 & 47:846 (West Supp. 1988). o Wholesale dealers may present manufacturer's affidavits on returned damaged merchandise at the time of pur- chase of tobacco stamps as payment for the stamps. Reference Date 1970. LA. REV. STAT. ANN. Section 47:843 (West Supp. 1988). o Provisions regarding ownership of vehicles involved in the transportation of tobacco products and the prescribed taxation procedures are defined. Reference Date 1985. LA. REV. STAT. ANN. Section 47:863 (West Supp. 1988). . The minimum amount of bond that tobacco dealers are required to furnish is increased from $1,000 to $10,000. Reference Date 1974. LA. REV. STAT. ANN. Section 47:848 (West Supp. 1988). 90 Taxation o The tax rate per pack is 16c and was last changed in fine up to $300 or imprisonment for up to 30 days or both. 1984. The Tobacco Institute, The Tax Burden on Tobac- Reference Date 1944. LA. REV. STAT. ANN. Section co: Historical Compilation, 1986, vol. 21, p. 9. 14:204(3) (West 1974). o One million dollars annually from the tax levied on cigaret- tes goes to the Cancer and Lung Trust Fund. Reference Date 1980. LA. REV. STAT. ANN. Section 47:869 (West Supp. 1985). Health and Safety Regulations o Discarding a cigarette that causes a fire on another's land constitutes criminal negligence. Penalty for violation is a o This section establishes the Cancer and Lung Trust Fund, which is funded by the $l,OOO,OOO in revenue derived from the cigarette tax. The monies in the fund are used solely for."cancer research and research on cardio-pul- monary disease and clinical investigation and training in the field of cancer and cardio-pulmonary diseases." The fund is administered by the Department of Health and Human Resources. Reference Date 1980. LA. REV. STAT. ANN. Section 40:1299.88 (West Supp. 1985). Maine Llmltatlons on Smoklng In Public Places o Smoking is prohibited in any public area of any publicly owned building and at indoor public meetings where no-smoking signs are posted, except where all members present consent. No penalty is provided. Reference Date 1981. ME. REV. STAT. ANN. Title 22, Section 1578-A (West Supp. 1987). o Smoking is prohibited in nursing homes, except in desig- nated smoking areas. Reference Date 1983. ME. REV. STAT. ANN. Title 22, Section 1825 (Supp. 1984). o Smoking is prohibited in jury rooms, unless all members consent. No penalty is provided. Reference Date 1983. y:&PEV. STAT. ANN. Tiile 22, Section 1580 (Supp. o Smoking is prohibited in all sections of retail stores whose total area open to the public exceeds 4,000 square feet. No-smoking signs are required to be posted. Violation is punishable by a fine of not more than $50. ME. REV. STAT. ANN. Title 22, Sections 269-A 8 1681 to 1684 (1987). o Every employer must establish, or may negotiate through the collective bargaining process, a written policy con- cerning smoking and nonsmoking by employees. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy shall prohibit smoking except in designated areas. Failure to establish, postorsupetvisethe implementationof a policy is a civil violation punishable by a fine of not more than $100. ME. REV. STAT. ANN. Title 22, Section 580-A (1985). o As a fire prevention measure, smoking is prohibited in mills, public buses, factories, machine shops, shipyards, 91 covered bridges, stables "or other buildings" where a no-smoking sign is posted. One who smokes in a prohibited area is fined $5, and one who destroys a no-smoking sign is fined $10. Reference Date 1954. ME. REV. STAT. ANN. Title 25, Section 2433 (1974). Restaurants are required to establish no-smoking areas and to post asign indicating the smoking policy. ME. REV. STAT. ANN. Title 22, Section 1579-A (West Supp. 1987). The "Workplace Smoking Act of 1985" requires employers to establish, post, and enforce a written policy concerning smoking and nonsmoking by employees in that portion of the facility for which they are responsible. ME. REV. STAT. ANN. Tile 22, Section 1580-A (West Supp. 1987). Regulatlon of Sale to and Use of Tobacco Products by Minors . Furnishing cigarettes or tobacco to one under 18 years of age is prohibited. A violator of this section is fined be- tween $20 and $50 for each violation. Reference Date 1983. ME. REV. STAT. ANN. Title 22, Section 1579 (Supp. 1984). . The sale of cigarettes in vending machines not super- vised by an adult is prohibited, except when located in areas where minors are not allowed by law. ME. REV. STAT. ANN. Title 22, Section 1628 (W&t Supp. 1987). Commerce . Each person engaging in the business of selling cigaret- tes in Maine must secure a license from the Tax Asses- sor. Reference Date 1954. ME. REV. STAT. ANN. Tile 36, Section 4362 (1978). Taxation Health and Safety Regulations o The tax rate per pack is 28~ and was last changed in 1985. The Tobacco Institute, The Tau Burden on Tobac- co: Histon'ca CompilatEon, 1986, vol. 21, p. 9. o Certain changes have been made in the Maine tax law. All cigarettes sold are subject to a scheduled increase. Reference Date 1975. ME. REV. STAT. ANN. Title 36, Sections 111 to 5255-B (West Supp. 1987). o This law relates to the taxation of tobacco products. Reference Date 1969. ME. REV. STAT. ANN. Title 36, Section 5224-A (West Supp. 1987). Maryland . Discarding a lighted cigarette from a moving vehicle or on forest, brush, grass or other lands is prohibited. Violations are punishable by a fine from $10 to $50. Reference Date 1979. ME. REV. STAT. ANN. Title 12, Sections 9324(3) and 9701 (1981). o Discarding burning cigarettes and cigars from railroad equipment is prohibited. No penalty is provided. Refer- ence Date 1954. ME. REV. STAT. ANN. Tile 12, Section 9406 (1981). Llmltatlons on Smoklng In Public Places o Directors of hospitals, nursing homes, health clinics, and physicians' offices are required to establish and imple- ment a plan to protect the health of nonsmoking patients by regulating smoking on the premises. No penalty is provided. Reference Date 1957. MD. HEALTH AND ENV. CODE ANN. Section 1 I-205 (1982). o Smoking or carrying lighted tobacco products is prohibited in a public mass transit bus, railcar, or transit station, Maximum penalty is $250 for each offense. Ref- erence Date 1957. MD. TRANSP. CODE ANN. Section 7-705 (Supp. 1984). o Smoking is prohibited in any intrastate motor bus carrier. Maximum fine is $25. Reference Date 1975. MD. ANN. CODE Article 78, Section 35A (1980). o Smoking is prohibited on public elevators. No-smoking signs must be posted. Maximum fine is $25. Reference Date 1975. MD. ANN. CODE Article 89, Section 64 (1979). o The Washington County Commissioners are authorized to enact ordinances regulating smoking in county offices and county office buildings. Reference Date 1987. MD. ANN. CODE Article 25, Section 2368 (Supp. 1987). Regulatlon of Sale to and Use of Tobacco Products by Minors o One who is in the business of manufacturing or selling cigars, cigarettes, smoking or smokeless tobacco products is prohibited from selling cigarettes to one under 16 years of age, unless the individual is an agent of his employer or has prior written consent of his parents. It is also unlawful for any person who is not a dealer to purchase cigars, cigarettes, smoking or smokeless tobacco for an individual. A violator of this section is fined between $10 and $100 for each offense, or imprisoned between five and 30 days if the fine is not paid. Reference Date 1888. MD. ANN. CODE Article 27, Sections 404 & 405 (1985). o A dealer, vendor, or other person may not sell, barter, or give any smokeless tobacco products to an individual under 16 years of age; subject to penalties. R8fer8nC8 Date 1951. MD. ANN. CODE Article 27, Sections 404 & 405 (1988). Commerce I o A license is required to manufacture cigars or cigarettes. A residence may not be used to manufacture Cigarettes or cigars except by the immediate family members. Viola- tion of these provisions brings a fine between $5 and $100, or imprisonment between 10 days and one year or both. Reference Dates 1884 and 1904. MD. ANN. CODE Article 27, Sections 327,330 & 333 (1982). The position of Inspector of Tobacco has been repealed from the Maryland Department of Agriculture and certain provisions for the State Tobacco Warehouse. Reference Date 1957. MD. ANN. CODE AGRIC. Article Sections 7-101, 7-301, 7-326R, 7-402, 7-404 8 7-413R (Supp. 1987). Daily reports from leaf tobacco sellers are required after each sales day during the auction season. Reference Date 1957. MD. ANN. CODE AGRIC. Article Sections 7-403 & 7-411 (Supp. 1987). The bond requirement for persons who weigh leaf tobac- co for a commission selling agency has been repealed. Reference Date 1957. MD. ANN. CODE AGRIC. Article Section 7-209 (Supp. 1987). The sale or offer for sale of clove cigarettes in the stat8 is prohibited. Violation is a misdemeanor subject to a $500fine. Reference Date 1986. MD. ANN. CODE Article 27, Section 40A (1988). 92 . The State Tobacco Authority is authorized to impose a penalty on an a&On warehouse that OVBrS8IlS its daily quota. Reference Date 1957. MD. ANN. CODE AGRIC. Article Section 7-207 (Supp. 1987). Taxation o The tax rate per pack is 13~ and was last changed in 1980. The Tobaccc Institute, The Tax Burden on Tobac- co: Historical Compilatbn, 1986, vol. 21, p. 9. . The most recent population figures are required to be used in the computation of tobacco tax revenue distribu- tion. Reference Date 1958. MD. ANN. CODE Article 81, Section 460 (Supp. 1987). o The Maryland Acquired Immune Deficiency Syndrome (AIDS) Research and Information Fund supported with, in addition, the taxes on cigarettes to conduct or finance research has been repealed. MD. ANN. CODE Heafth- General Section 18-333 (1987). o This law imposes a specified tax of 6 l/2 mills per cigarette on sample cigarette packages and alters, after modification in the Federal tax, the applicablity of the supplemental state tax on cigarettes. Reference Date 1958. MD. ANN. CODE Article 81, Section 432, 433 & 460 (Supp. 1987). Health and Safety Regulations o Smoking is prohibited in mines. Reference Date 1957. MD. NAT. RES. CODE ANN. Section 7-404(e) (1983). o Smoking is prohibited in fireworks plants, unless in a designated smoking area. Reference Dat8 1955. MD. ANN. CODE Article 38A, Section 23 (1982). Massachusetts Llmltatlons on Smoking In Public Places o Smoking is prohibited in public elevators, supermarkets; and Massachusetts Bay Transportation Authority maSs transit vehicles. Smoking is restricted to designated areas in museums, libraries, health care facilities, and mass transit conveyances. The person in control of these facilities must post no-smoking notices. Reference Date 1947. MASS. GEN. LAWS ANN. Chapter 272, Section 43A (W8St Sups. 1985). o A separate provision prohibiting smoking in public con- veyances and transportation facilities provides for a fine up to $50 or up to 10 days in jail, or both for violation. Reference Date 1947. MASS. GEN. LAWS ANN. Chapter 272, Section 43 (West 1970). o The fine for violation of smoking in public conveyances is increased from $50 to $100. Reference Date 1947, MASS. GEN. LAWS ANN. Chapter 272. Section 43A (West Supp. 1987). o Smoking is prohibited in buildings used for stabling hor- ses. Maximum penalty is a $200 fine, one month im- prisonment, or both. After an order of compliance is issued, noncompliance is punished by a fine of up to $10 perday. Reference Date 1924. MASS. GEN. LAWS ANN. Chapter 272, Sections 86C, 86E, 8 86F (West 1970). . This law protects the public health by prohibiting smoking in jury rooms. Reference Date 1986. MASS. GEN. LAWS ANN. Chapter 234, Section 34C (West Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigarettes, Chewing tobacco, snuff, ortobacco in any of its forms to one under 18 years of age is prohibited, unless by a parent or guardian. This is punish- able by a fine of not less than $100 for the first offense, not less than $200 for second offense, and not less than $300 for third or subsequent offense. Vending machines must have a notice posted prohibiting minors' use. One who violates this section is punishable by a fine up to $50. Reference Date 1985. MASS. GEN. LAWS ANN. Chapter 270, Section 6 (West Supp. 1987). Schools and School Health Education . Schools are required to provide education about the effects of tobacco. Reference Date 1974. MASS. GEN. LAWS ANN. Chapter 71, Section 1 (West 1982). o The use of tobacco in publicschools during normal school hours is prohibited. Reference Date 1987. MASS GEN. LAWS ANN. Chapter 71, Section 2A (West Supp. 1988). Commerce o It is unlawful to employ one under 16 years of age to manufacture or pack tobacco. Reference Date 1887. MASS. GEN. LAWS ANN. Chapter 149, Section 61(21) (West 1982). o Manufacturing tobacco in one's home constitutes unlaw- ful industrial homework. Reference Date 1937. MASS. 93 GEN. LAWS ANN. Chapter 149, Section 144 (West 1982). o No person shall sell cigarettes or act as a manufacturer, WhOl8Sal8r, vending machine Op8ratOr, unclassified ac- quirer, transporter, or retailer of cigarettes in Mas- sachusetts unless licensed to do so. Reference Date 1945. MASS. GEN. LAWS ANN. Chapter 64C, Section 2 (1978). Taxatlon . The tax rate per pack is 266 and was last changed in 1983. The Tobacco Institute, 7%e Tax BUfd8n on To&- co: Historica/ Compilation, 7966, vol. 21, p. 9. Health and Safety Regulations o Discarding lighted cigarettes and cigars from V8hicl8S on a road near forest lands or open fields, or upon forest land is prohibited. Maximum penalty is a fine up to $100, or imprisonment up to 30 days. Reference Date 1930. MASS. GEN. LAWS ANN. Chapter 148, Section 54 (West 1985). o Whoever sells exploding cigars or cigarettes is subject to a fine up to $100. Reference Date 1967. MASS. GEN. LAWS ANN. Chapter 146, Section 52A (West Supp. 1985). o One who sells adulturated smoking products is subject to a fine between $200 and $500, or imprisonment up to six months. Reference Date 1958. MASS. GEN. LAWS ANN. Chapter 94, Section 307 (West 1984). . The membership of the Special Commission to inves- tigate, study, and report on the health eff 8cts of indoor air pollution has been increased. MASS. Resolve of 1987. Ch. 2 (I 987). Llmltatlons on Smoklng In Public Places o Smoking on a school bus within one hour of pupils' use of the bus is prohibited. Reference Date 1981. MICH. COMP. LAWS ANN. Section 257.316a (Supp. 1985). * Smoking is prohibited in retail food establishments, ex- cept in designated areas. No-smoking signs must be posted at entrances. Maximum penalty is a $100 fine. Reference Date 1968. MICH. COMP. LAWS ANN. Set- tion 289.707a (1984). o Food service establishments with a seating capacity of 50 or more people are required to post notices and designate areas for nonsmokers. The area is not to exceed 50 percent of the establishment. Reference Date 1978. MICH. COMP. LAWS ANN. Section 333.12905 (West Supp. 1987). o Nursing homes must adopt a policy regulating smoking to provide patients with no-smoking rooms, designated smoking areas, and prohibit tobacco sales except as provided for by owners. Notices must be posted for smoking and nonsmoking areas. Reference Date 1978. MICH. COMP. LAWS ANN. Sections 333.21333 and 333.21733 (1980). o Smoking is prohibited in all passenger elevators and violation is punishable by a fine of $50 or 90 days im- prisonment. Signs must be posted in elevators containing the prohibition and penalty. Reference Date 1967. MICH. COMP. LAWS ANN. Section 408.820 (1985). o Smoking is prohibited in public places and at meetings of public bodies, except in designated smoking areas. Ref- erence Date 1978. MICH. COMP. LAWS. ANN. Sections 333.12601 to 333.12617 (West Supp. 1987). Michigan Regulatlon of Sale to and Use of Tobacco Products by Minors o Furnishing cigarettes to one under 18 years of age is punishable by a fine up to $50 or up to 30 days imprison- ment for each offense. A person under 18 years of age who smokes cigarettes in public is subject to a fine up to $10 or imprisonment up to five days. One who allows a person under 18 years of age to enter upon his land to smoke cigarettes is subject to a fine up to $50 or imprison- ment up to 30 days. However, a parent or guardian is not in violation of this section if the smoking is done on the parent's property. Reference Date 1972. MICH. COMP. LAWS ANN. Section 722.643 to 722.651 (Supp. 1985). o Furnishing any form of tobacco to one under 17 years, unless upon parent's or guardian's written order, is punishable by a fine of from $5 to $50 or by imprisonment of from 10 to 30 davs or both. Reference Date 1889. MICH. COMP. LAWS ANN. Sections 722.651 and 722.652 (1968). Schools and School Health Education 9 School instruction about the effects of tobacco is re- quired. Reference Date 1976.. MICH. COMP. LAWS ANN. Section 380.1170 (Supp. 1985). o The Critical Health Problems Education Act requires an educational program that includes the topic of tobacco. Reference Date 1948. MICH. COMP. LAWS ANN. Sec- tion 388.382(a) (1976). Commerce 9 No person shall sell, purchase, possess, or acquire cigarettes, or act as a manufacturer, wholesaler, vending 94 machine operator, unclassified acquirer, or transporter of cigarettes in Michigan unless licensed to do so by the revenue division of the Department of the Treasury. Ref- erence Date 1949. MICH. COMP. LAWS ANN. Section 7.41 l(3) (1984). Taxation o The tax rate per pack is 21~ and was last changed in 1982. The Tobacco Institute, Tax Burden on Tobacco: Historical Compilation, 1986 vol. 21, p. 9. o The tax imposed for each cigarette sold in the state is increased from 10.5 to 12.5 mills. Reference Date 1979. MICH. COMP. LAWS ANN. Section 205.507,205.507(a), and 205.520 (West Supp. 1988). Health and Safety Regulations o Selling adulterated cigarettes constitutes a mis- demeanor. Reference Date 1931. MICH. COMP. LAWS ANN. Section 750.27 (1968). Minnesota Llmltatlons on Smoking In Public Places 9 The Minnesota Clean Indoor Air Act (enacted "to protect the public health, comfort and environment....") prohibits smoking in public places and meetings, except in desig- nated smoking areas. Public place means any enclosed indoor area used by the general public or serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities, hospitals, health care facilities, day care centers, nursing homes, auditoriums, arenas, and meeting rooms, but excluding private, enclosed offices occupied exclusively by smokers even thoug h such office may be visited by nonsmokers. o Proprietors of public places are responsible for posting appropriate signs and for arranging nonsmoking seating areas. Factories, warehouses, and similar places of work not usually frequented by the general public are not included except where the public health commissioner determines that smoke pollution exists that is detrimental to nonsmoking employees. No public place other than a bar may be designated as a smoking area in its entirety. If a bar is designated as a smoking area in its entirety, this designation must be posted conspicuously on all entran- ces normally used by the public. Violation constitutes a petty misdemeanor. Affected individuals and state offi- cials may institute injunction actions against repeated violators. Reference Date 1975. MINN. STAT. ANN. Sec- tions 144.411 to 144.417 (West Supp. 1988). o It is a trespass, punishable as a misdemeanor, to inten- tionally smoke where no-smoking signs are posted or when the operator of a common carrier requests no smoking. Reference Date 1971. MINN. STAT. ANN. Sec- tion 609605(l) (West Supp. 1985). Regulation of Sal8 to and U88 of Tobacco Product8 by Minor8 o One having control of a cigarette vending machine is required to post a sign which states that persons under 18 years of age are forbidden to buy cigarettes. Violation constitutes a misdemeanor. Reference Date 1961. MINN. STAT. ANN. Section 325E.07 (West 1981). . Furnishing tobacco, cigarette papers, or pipes for smok- ing to one under 18 years of age constitutes a mis- demeanor. Using tobacco, cigarette papers, or pipes for smoking by one under 18 years of age constitutes a petty misdemeanor. Local ordinances may provide more strin- gent regulation. Reference Date 1981. MINN. STAT. ANN. Section 609.685 (West Supp. 1985). Schools and School Health Education o Teacher education institutions must provide, and each prospective teacher must satisfactorily complete, courses in the misuse of and dependency upon tobacco. Reference Date 1959. MINN. STAT. ANN. Section 126.05 (West 1979). Commerce No person shall engage in the business of selling, manufacturing, or transponjng cigarettes in the State of Minnesota without first having received a license from the State Commissioner of Taxation. Reference Date 1947. MINN. STAT. ANN. Sections 297.01 8 297.04 (West 1972). The distribution of tobacco product samples is prohibited except in tobacco stores. Reference Date 1975. MINN. STAT. ANN. Sections 144.412 & 144.414 (West Supp. 1988). No person shall distribute smokeless tobacco products, including snuff and chewing tobacco, except in tobacco stores. Reference Date 1986. MINN. STAT. ANN. Sec- tion 325F.76 to 325F.78 (West Supp. 1988). Taxatlon . The tax rate per pack is 38~ and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. 95 . The Omnibus Tax Law increases the cigarette and liquor taxes. Reference Date 1987. Minnesota Tax 8 Spending Law Ch. 268 (1987). Health and Safety Regulation8 o State fire officials may post no-smoking signs in areas "wherever they deem public safety requires.' No penalty is provided for violation. Reference Date 1965. MINN. STAT. ANN. Section 299F.38 (West 1972). o Discarding a liihted cigarette or cigar on forest land and failing to extinguish it immediately constitutes a mis- demeanor punishable by a fine of between $25 and $100, or by imprisonment of between 10 and 90 days. Refer- ence Date 1929. MINN. STAT. ANN. Section 88.19 (West 1977). o When it is determined that a forest fire hazard exists, the commissioner may prohibit smoking by wriien order, except in homes and enclosed vehicles. Rewards of up to $25 may be given for information leading to conviction of violation. Reference Date 1978. MINN. STAT. ANN. Sections 88.22 8 88.76 (West Supp. 1985). o One who negligently sets fire to a hotel or its furnishings by smoking is guilty of a misdemeanor. Notices must be posted in every sleeping room to advise occupants of this provision. Reference Date 1982. MINN. STAT. ANN. Section 327.74 (West Supp. 1985). o Intentionally smoking near explosives or inflammable materials constitutes a misdemeanor. lf a risk of death or seriius bodily h&m is knowingly created, the penalty may be a fine up to $10,000 or up to five years imprisonment, or both. Reference Date 1971. MINN. STAT. ANN. Sec- tion 609.60(l) (West Supp. 1985). Mississippi Limitatlons on Smoking in Public Places o Once a bus driver requests a passenger to stop smoking a cigar or pipe on a public bus, and the passenger continues to smoke, he may be ejected from the bus. The violator is also guilty of a misdemeanor. Reference Date 1942. MISS. CODE ANN. Section 97-35-l (1973). Regulatlon of Sale to and Us8 of Tobacco Product8 by Minors o Furnishing cigars, cigarettes, smoking tobacco, or snuff to one under 18 years of age without prior written consent of the minors parent or guardian is prohibited. Violation is punishable by a fine between $20 and $100, imprison- ment for from one week to three months, or both. Refer- ence Date 1892. MISS. CODE ANN. Section 97-5-25 (1973). o The judge shall charge the grand jury concerning enfor- cement of the statute relating to furnishing tobacco to minors. Reference Date 1978. MISS. CODE ANN. Sec- tion 13-547(2) (Supp. 1984). Commerce o Every distributor, wholesaler, retailer, distributing agent, vendor, and every other person engaged in the sale or use of tobacco upon which a tax is required to be paid, must receive a permit from the State Tax Commission allowing him to engage in such business. Reference Date 1942. MISS. CODE ANN. Section 27-69-5 (1972). b Nonresident tobacco dealers must be licensed to ship tobacco products into Mississippi. Reference Date 1942. MISS. CODE ANN. Section 27-69-7 (Supp. 1987). o This law reduces or eliminates the credit allowed to dealers for affixing tobacco stamps. MISS. CODE ANN. Chapter 500. Taxatlon o The tax rate per pack is 186 and was last changed in 1985. The Tobacco Institute, The Tar Burden on Tobac- co: Historical Compilafion, 7986, vol. 21, p. 9. Health and Safety Regulations 9 Discarding cigarettes or cigars on a public road or on another's private property constitutes a misdemeanor in addition to civil liability for damages. Violators may be ordered to pick up litter along the roadways or punished by a fine up to $500 or both. Reference Date 1973. MISS. CODE ANN. Section 97-15-29 (Supp. 1984). 96 Missouri Regulation of Sale to and Us8 of Tobacco PrOdUCt by Mlnors o Any municipality may prohibit furnishing cigarettes or cigarette wrappers to minors within its corporate limits, and may provide punishment or fines. Reference Date 1895. MO. ANN. STAT. Section 71.740 (Vernon l-952). o A minor is defined as a person under 18 years of age for purposes of the Aid to Families with Dependent Children provisions. (No general definition of minor was located). Reference Date 1982. MO. ANN. STAT. Section 208.040 (Vernon Supp. 1985). Commerce o Every cigarette wholesaler must obtain a license from the director of the Missouri Department of Revenue. MO. ANN. STAT. Section 149.035 (Vernon 1976). Taxation Montana o The tax rate per pack is 134 and was last changed in 1982. The Tobacco Institute, The Taw Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o A tax is imposed on the sale of cigarettes equal to a portion of the federal excise tax. Reference Date 1985. MO. ANN. STAT. Section 149.082 (Vernon's Supp. 1988). Llmltatlons on Smoking In Public Places o The Montana Clean Indoor Air Act of 1979 restricts smok- ing to designated areas of any enclosed public area or vehicle. Enclosed work places for more than one employee are also included. The Act's purpose is to protect nonsmokers' health and to reserve areas for smokers. Areas included are elevators, restaurants, stores, offices, trains, buses, educational or health facilities, indoor recreational facilities, museums, gal- leries, libraries, and public meeting rooms. Restrooms, taverns and bars that do not serve meals, and rooms or vehicles with a capacity of six or less are exempted from the Act. A person required to designate smoking or non- smoking areas, who fails to do so, may be fined up to $25. Reference Date 1979. MONT. CODE ANN. Sections 50-40-l 01 to 50-40-l 09 (1983). o A designated nonsmoking area is required in each enclosed public place. Violation is punishable by a fine of not more than $100. Reference Date 1985. MONT. CODE ANN. Sections 50-40-104 8 50-40-201 (1985). Every wholesaler, subjobber, retailer, or cigarette vendor shall-obtain a license-from the Montana Department of Revenue. Reference Date 1969. MONT. CODE ANN. Section 16-11-120 (1985). A 7day credit limit is set on sales or delivery of cigarettes or other tobacco products from a wholesaler to a retailer. Reference Date 1937. MONT. CODE ANN. Section 53- 3-204 (1985). Repealed in 1985. Section 28, Ch. 670 in 1985. Taxation The cigarette excise tax is increased to 24c per package. The tax on cigarettes sold in packages of more than 20 cigarettes is based on a per cigarette basis. Reference Date 1947. MONT. CODE ANN. Sections 16-l l-l 11, 16-l l-1 19 & 17-5- 408 (1985). Health and Ssfety RegUl8tlOn8 o Discarding lighted cigarettes or cigars near a forest is prohibited. Vrolation is a misdemeanor. Reference Date 1939. MONT. CODE ANN. Section 76-l 3-l 24 (1983). 97 Nebraska Limitations on Smoking In Public Places o The Nebraska Clean Indoor Air Act was enacted for the purpose of protecting "public heafth, comfort, and en- vironment by prohibiting smoking in public places and at public meetings, except in designated smoking areas." Coverage includes any enclosed indoor area used by the public or that serves as a workplace including, but not limited to, restaurants, retail stores, offices and other commercial establishments, publicconveyances, educa- tional facilities, hospitals, nursing homes, auditoriums, arenas, and meeting rooms. Private offices used only by employees who smoke, an entire room or hall used for a private function and controlled by the function's sponsor and bars or restaurants with serving areas of less than 1,200 square feet, however, are exempted. With respect to factories, warehouses, and similar places of work not usually frequented by the general public, the Department of Health is required to establish rules to restrict or prohibit smoking in those places of work when the close proximity of workersorthe inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of non- smoking employees. Notices must be posted designating smoking and non- smoking areas. The health department has rulemaking power to implement the Act and may waive these provisions upon request. Violation of the Act is penalized as a class V misdemeanor or by injunction. Reference Date 1979. NEB. REV. STAT. Sections 71-5701 to 71- 5713(1981). Regulatlon of Sale to and Use of Tobacco Products by MinOr8 o Smoking cigars, cigarettes, or use of other tobacco in any form by one under 18 years of age constitutes a class V misdemeanor, However, if the minor discloses who fur- nished the tobacco, the minor may avoid prosecution. Reference Date 1911. NEB. REV. STAT. Section 28- 1418 (1981). o One who furnishes cigarettes, cigarette papers, or tobac- co in any form, to one under 18 years of age is guilty of a class Ill misdemeanor for each offense. Reference Date 1885. NEB. REV. STAT. Section %8-l 419 (1981), o A licensee who furnishes cigars, tobacco, cigarettes, or cigarette material to a minor is guilty of a class III mis- demeanor. An additional penalty can be revocation of license. Corporation officeis, directors, or managers are subject to this section's penalty. Reference Date 1919. NEB. REV. STAT. Section 28-1425 (1981). o A minor who misrepresents his age to buy tobacco products is guifty of a class V misdemeanor. Reference Date 1919. NEB. REV. STAT. Section 28-1427 (1981). Schools and School Health Education o Public school8 are required to provide instruction in tobacco abuse as part of a drug abuse education pro- gram. Reference Date 1885. NEB. REV. STAT. Section- 79-1270 (Supp. 1984). Commerce o R is unlawful for any person, partnership, or corporation- to sell, keep for sale, or give away in the course of trade, any cigars, tobacco, cigarettes, or cigarette materials without first obtaining a license. Reference Date lQlQ.- NEB. REV. STAT. Section 28-1420 (1979). Taxatlon 9 The tax rate per pa& is 27e and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. o One cent of the cigarette tax is placed in the Nebraska Cancer Research Fund. Reference Date 1981. NEB. REV. STAT. Section 77-2602 (Supp. 1984). . The Tobacco Products Tax Act establishes that each first owner of tobacco products to be sold in the state be licensed. The cigarette tax is increased to 27e per pack- age of 20 cigarettes. Reference Date 1947. NEB. REV. STAT. Sections 59-1502,77-2602,77-2602.03,77-2609, 77-2713.2, 77-4001 to 77-4025 (Supp. 1988). Health and Safety Regulations The Game and Parks Commission may regulate smoking in state parks and recreation grounds. Violation con- stitutes a class V misdemeanor. Reference Date 1929. NEB. REV. STAT. Sections 81-805(2) and (9) (1981). Legislative appropriations to the Department of Health are to be distributed to Nebraska's medical colleges and post secondary educational institutions for cancer and smoking disease research. The Department of Health shall establish program criteria, application procedures and other similar administrative procedures. Reference Date 1981. NEB. REV. STAT. Sections 81-637 to 81-64C (Supp. 1984). 98 Nevada Llmltatlons on Smoklng In Public Places o To protect human health and safety, smoking is prohibited except in designated smoking areas in public elevators, libraries, museums, public buses, public meet- ings held in rooms located in public buildings including university lecture and concert halls, hallways, waiting rooms and cafeterias open to the public in state buildings, in public waiting rooms, lobbies and hallways of health care facilities and offices of heafth care professionals. Additionally, smoking is prohibited in buildings owned or operated by a public governmental agency and in hotels, motels or restaurants when designated by the owner. One who violates this section is subject to a fine between $10 and $100. Reference Date 1975. NEV. REV. STAT. Section 202.2491 (1988). o Smoking in a mill or other building where notices prohibit- ing smoking are posted constitutes a misdemeanor. Ref- erence Date 1911. NEV. REV. STAT. Section 475.050 (1979). Regulation of Sale to and Us8 of Tobacco PrOdUCt8 by Minors o Furnishing cigarettes, cigarette papers, ortobacco of any description to one under 18 years of age is prohibited without the written consent of the minor's parent or guar- dian. Superintendents of juvenile facilities may supply tobacco to minors 16 years or older who are confined to institutions, with parental permission. A violator of this section is subject to a fine up to $500. Subsequent violations by tobacco dealers can resuft in license forfei- ture. Reference Date 1911. NEV. REV. STAT. Section 202.010 (1979). Commerce o A is unlawful to employ one under 16 years of age to work in a tobacco warehouse or tobacco manufacturing plant. Reference Date 1919. NEV. REV. STAT. Section 609.190(1)(e)(1983). o A person shall not engage in business as a dealer of cigarettes in the State of Nevada unless he or she first secures a wholesaler's or retailer's license from the state. Reference Date 1947. NEV. REV. STAT. Section 370.080 (1983). o lt is a misdemeanor to sell or offer for sale a cigarette that contains cloves to the extent of 20 percent or more by weight. Reference Date 1985. NEV. REV. STAT. Section 202.2495 (1988). Taxatlon o The tax rate per pack is 20~ and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. o The distribution of the proceeds from the cigarette tax are reallocated. Reference Date 1983. NEV. REV. STAT. Section 370.500 (1988). o The rate of tax on cigarettes is increased contingent upon the expiration of part of the federal tax. Reference Date 1977. NEV. REV. STAT. Sections 370.165 8 370.350 (1988). Health and Safety Regulations o The state forester firewarden may prohibit or restrict smoking in any place other than a vehicle or cleared land when there is a fire safety risk. Public announcements and posted signs will be used to notify prohibition or restrictions. Violation constitutes a misdemeanor. Refer- ence Date 1953. NEV. REV. STAT. Section 473.065 (1983). . Discarding lighted cigarettes or cigars from a moving vehicle, or in a place where a fire may start is prohibited. Violation is punishable as a misdemeanor. Reference Date 1929. NEV. REV. STAT. Section 475.030 (1979). New Hampshire Llmltatlons on Smdrlng In Publk Places o Smoking is restrfcted to designated smoking areas in enclosed places that are publicly owned or supported by tax revenues. Included are publicly owned, operated or supported transportation, common carrier waiting rooms, elevators, retail stores, entertainment facilities, educa- tional facilities, government offices, polling places, health care facilities, and public meetings. No-smoking signs are to be posted and are not to be removed or defaced. Willful refusal to obey restrictions is a violation and may be enjoined. To enforce such a violation, the attorney general may bring a civil action for appropriate relief. Reference Date 1981. N.H. REV. STAT. ANN. Sections 155.45 to 155.49 (Supp. 1983). o The Clean Indoor Air in Restaurants Act requires res- taurants that seat 50 persons or more to designate non- 8rIIOking areas. Reference Date 1987. N.H. REV. STAT. ANN. Sections 155:57 to 155:63 (Supp. 1987). 99 o Smoking is prohibited in grocery food stores. The person in charge of the store is responsible for posting signs and enforcement. Reference Date 1986. N.H. REV. STAT. ANN. Sections 155:54 to 155:56 (Supp. 1986). . Employers are required to establish and to adopt smoking policies in the workplace. Reference Date 1986. N.H. REV. STAT. ANN. Sections 155:50 to 155:53 (Supp. 1986). Regulation8 of Sale to and Use of Tobacco PrOdUCt8 by MlnOr8 o The sale and distribution of tobacco products to persons under 18 years of age is prohibited and punishable by a fine of $25 for the first offense. This includes tobacco products in vending machines. Reference Date 1939. N.H. REV. STAT. ANN. Sections 78:12-b & 78:12-c (Supp. 1986). Commerce o Each manufacturer, wholesaler, subjobber, vending machine operator, and retailer of tobacco products must secure a license from the tax commissioner. Reference Date 1939. N.H. REV. STAT. ANN. Section 78:2 (1971). . The commissioner shall refund the purchase price for stamps destroyed after affixing to outdated, damaged, or tobacco products that could not be sold. Reference Date 1939. N.H. REV. STAT. ANN. Section 78:lO (Supp. 1986). Taxation o The tax rate per pack is 17c and was last changed in 1983. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 7986, vol. 21, p. 9. o ff the Federal excise tax on cigarettes is abolished, the rate of the New Hampshire cigarette tax shall be 250. Reference Date 1939. N.H. REV. STAT. ANN. Section 78:7 (Supp. 1986). Health and Safety RegUlatiOn8 o Discarding "flammable waste material" on, near, or ad- jacent to roadways where fire might start in woodlands is prohibited. When a fire hazard is proclaimed, smoking may be prohibited in or near woodlands. Failure to comply with these provisions constitutes a violation. Reference Dates 1909, 1949, and 1951. N.H. REV. STAT. ANN. SECTIONS 224.32 to 224.36 (Supp. 1983). New Jersey Llmitetlons on Smoking in Public Places o One who smokes or carries lighted tobacco on public transportation or in a public place where municipal or- dinance or the person in control of the place prohibits smoking is guilty of a petty offense and is subject to a fine up to $200. Reference Date 1978. N.J. STAT. ANN. Section 2C:33-13 (Supp. 1987). o Legislative findings and declarations with respect to smoking in public places recognize a conflict between smokers' and nonsmokers' rights. Tobacco smoke is stated to be, in addition to a health hazard to smokers, an annoyance and nuisance to most nonsmokers, as well as a substantial health hazard to some nonsmokers. Smoking on passenger elevators, other than in a single family dwelling, is prohibited, and signs must be posted to that effect. Smoking is also prohibited in health care facilities, except in designated areas. Smoking is permitted in private patient rooms or where all patients have consented, in waiting rooms where nonsmoking areas can be provided, in cafeterias seating 50 or more if an adequate nonsmok- ing section can be provided, and enclosed employee off ices if permitted by the person in control of the facility. The state, its agencies, or political subdivisions may suggest guidelines for nonsmoking areas. Smoking and 100 no-smoking signs must be posted at entrances to health care facilities and in health care pmviders'waiting rooms. Smoking is prohibited on school, college, university, and professional training school premises, except in desig- nated areas. Administrators of these institutions are to make and enforce regulations to implement the prohibi- tion. Designated smoking areas must be clearly marked by posted signs at public entrances. Nonsmoking areas must be established in indoor theaters, libraries, museums, concert halls, auditoriums, or other similar facilities, except sporting event facilities. Employers must establish written rules to govern smoking in the work place. The rules must contain a written policy- and procedures to protect the health, welfare, and comfort of employees from the detrimental effects of tobacco smoke, which shall include designated nonsmoking areas. Smoking is prohibited in enclosed retail food and market- ing stores. Violation of these restrictions on smoking areas is punishable by a fine up to $100. Health depart- ments are to notify the person in control of a building of violations and order compliance. Failure to comply is punishable by up to $25 for the first offense, up to $100 for the second offense, and up to $200 for each sub- sequent offense. Courts may also order immediate com- pliance. Court action is not available to an individual complainant. A joint committee composed of General Assembly com- mittee members is to monitor and evaluate the effective- ness of these provisions. The committee is also to receive areportfromtheCommissionerof Health withintwoyears of the Act's effective date to aid the committee in recom- mending administrative or legislative changes. This Act's provision supersedes other laws, except where municipal ordinance prohibits smoking or where fire safety laws are in effect in areas where smoking is permitted under this Act. N.J. STAT. ANN. Sections 26:3D-1 to 26:3D-22 (West Supp. 1985). N.J. STAT. ANN. Sections 26:3D-23 to 26:3D-45 (West N.J. Session Law Service, Chs. 184, 186,318 (1955)). o The Port Authority may regulate smoking in air terminals, moored floating craft, and marine terminals where ap- propriate signs are posted. Violation is punishable by a fine up to $50 for the first offense or up to 30 days imprisonment or both, by up to $100 or 60 days imprison- ment for a second offense or both, and by $50 to $200 or 60 days imprisonment for subsequent offenses or both. Reference Date 1953. N.J. STAT. ANN. Sections 32:1- 146.4 8 32:1-l 46.5 (West 1963). o Smoking is prohibited where appropriate signs are posted in or near Hudson Tubes. Violations are punishable by a fine up to $50 or up to 30 days imprisonment or both. Reference Date 1964. N.J. STAT. ANN. Sections 32:1- 146.8 & 32:1-l 46.9 (West Supp. 1985). . New Jersey encourages restaurants to establish non- smoking areas. Every restaurant is required to post signs at every public entrance indicating whether or not it main- tains a nonsmoking section. N.J. STAT. ANN. Sections 26:3E7to 26:3E13 (West N.J. Session Law Service, Ch. 185 (1985)). o Smoking in places of employment, in certain restaurants, and in enclosed retail and food marketing stores is con- trolled. Reference Date 1985. N.J. STAT. ANN. Sections 26:3D-23 to 26:3D-45 and 26:3E-7 to 26:3E-13 (1987). Regulation of Sale to and Use of Tobacco Products by Minors o One who furnishes cigarettes, cigarette papers, or tobac- co in any form to a minor under 16 years of age is a disorderly person, and violation is punishable by a fine up to $100. Reference Date 1904. N.J. STAT. ANN. Section 2A:170-51 (West 1985). Schools and School Heaith Education o Violations by juveniles of the statute restricting smoking in educational institutions are within the jursidiction of the municipal court. Reference Date 1982. N.J. STAT. ANN. Section 2A:4A-23 ( 1987). Commerce o Manufacturing tobacco in one's home is prohibited. Ref- erence Date 1941. N.J. STAT. ANN. Section 34:6- 136.3(4) (West 1965). Employing one under 18 years of age to prepare, sell, or serve tobacco products is prohibited. Reference Date 1968. N.J. STAT. ANN. Section 34:2-21 .17 (West Supp. 1985). No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, or dis- tributing cigarettes without having first obtained an ap- propriate license. Reference Date 1948. N.J. STAT. ANN. Section 54:40A-3 (West 1960). The revenue stamp discount for distributors is increased and the number of vending machines and premises al- lowable are also increased. Certain licensing thresholds and penalties under Unfair Cigarette Sales Tax Act of 1952 are defined. Reference Date 1948. N.J. STAT. ANN. Sections 54:4OA-4,54:40A-11 .l ,56:7-20 & 56:7-33 (1987). Taxation o The tax rate per pack is 27c and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. o After 1983, $l,OOO,OOO of the cigarette surtax will be deposited annually in the Cancer Research Fund, to be appropriated toward funding of the New Jersey State Commission on Cancer Research. Reference Date 1982. N.J. STAT. ANN. Section 54:40A-37.1 (West Supp. 1985). o A seven-member tobacco industry advisory council is established in the Cigarette Tax Bureau to report to the governor, director, and supervisor of the Bureau and to give advice and counsel the enforcement and administra- tion of the Cigarette Tax Act. Reference Date 1968. N.J. STAT. ANN. Section 54:40A-45 (West Supp. 1985). Health and Safety R8gUl8tlOn8 o Discarding lighted cigarettes or cigars in a forest is prohibited. Reference Date 1981. N.J. STAT. ANN. Sec- tion 13:9-44.7 (West Supp. 1985). o One who negligently or knowingly starts a fire by discard- ing a cigarette on forest land is liable for the costs incurred in putting out the fire. Reference Date 1981. N.J. STAT. ANN. Section 13:9-44.5 (West Supp. 1985). o Smoking is prohibited near explosives. Reference Date 1971. N.J. STAT. ANN. Section 21 :1-132(D) (West Supp. 1985). o Violation of the no-smoking provision near explosives is punishable by fines of $25 to $500 for a first offense, $150 to $500 for a second offense, and $250 to $1,000 for subsequent offenses. Permits are also revocable for cause. Reference Date 1960. N.J. STAT. ANN. Section 21 :l A-140 (West 1969). . Discarding an "object, article, or debris of any nature" (deemed to include lighted cigarettes and cigars) from 101 vehicles is prohibited. Violation is punishable by a fine of from $100 to $500. Registered owners or drivers are presumed to be responsible for violations. Signs to this effect are to be posted on highways. Reference Dates 1921 and 1975. N.J. STAT. ANN. Sections 39:4-64 8 39:4-64.1 (West Supp. 1985). New Mexico Llmltations on Smoking In Public Places Taxation o The New Mexico Clean Indoor Air Act makes it unlawful for any person to smoke in a public place or at a public meeting except in smoking- permitted areas. Public place means any encfosed indoor area used by the public. For places of employment, each employershall adapt, imple- ment, and maintain a written smoking policy that shall prohibit, at a minimum, smoking in elevators and nurses aide stations or similar facilities for treatment of employees and shall provide for smoke-free work areas to accommodate employees who request such areas. o The tax rate per pack is 15e and was last changed in 1986. The Tobacco Institute, The Tax Burden on Tobac- co: Hisfonw compdafbn, 7986, vol. 21, p. 9. o A 25 percent tobacco products tax is imposed on all tobacco products. Reference Date 1953. N.M. STAT. ANN. Sections 7-12-1 to 7-12-10 (1987). o Any person who commits an unlawful act under The Clean Indoor Air Act shall be fined not less than $10 nor more than $250 for each violation. Reference Date 1985. NM. STAT. ANN. Sections 24-16-l to 24-l 6-11 (1987). o The law provides for an increase in the cigarette tax and imposes an inventory tax. Reference Date 1978. N.M. STAT. ANN. Sections 7-1-6.11, 7-12-3, 7-12-3.1, 7-12- 3.2 8 24-20-l (1987). Commerce o The cigarette excise tax is increased to the rate of 1 e for each cigarette sold in the state. Reference Date 1953. N.M. STAT. ANN. Sections 7-l-6.11, 7-12-1 8 7-12-3 (1987). o Each person engaged in the business of selling cigarettes in New Mexico must register with the state. Reference Date 1953. N.M. STAT. ANN. Section 7-12-9 (1983). Heafth and Safety Regulations o Smoking or carrying smoking materials is prohibited in . No person shall sell clove cigarettes in New Mexico. Violation is a petty misdemeanor. Reference Date 1985. N.M. STAT. ANN. Sections 57-2-14 8 57-2-l 5 (1987). . mines or in or near magazines and violation constitutes a misdemeanor. Mine operators are required to search employees at least once a week for such articles. Refer- ence Date 1933. N.M. STAT. ANN. Sections 69-13-2, 69-13-3, 69-l 9-5, 69-20-l 7 & 69-32-6 (Supp. 1983). New York Llmltatlons on Smoking In Public Places o Smoking is prohibited in churches and schools used as voter registration places. Reference Date 1976. N.Y. ELEC. LAW Section 5-204(7) (Consol. 1977). 9 Smoking is prohibited on public transportation vehicles, or in any indoor facility open to the public as a library, museum, or theatre, except by performers as part of the theatrical production. Violation is punishable by a fine between $10 and $100. Restrooms, separate lobbies, and other designated smoking areas are exempted. Ref- erence Date 1975. N.Y. PUB HEALTH LAW Sections 1300-o to 1399q (Consol. Supp. 1984). (A complaint form is provided following the text of Section 1399-o that may be filed against one who starts a fire in a building by smoking.) o Smoking or possessing lighted cigarettes and cigars in or near New York Port Authority controlled air and marine terminals where no-smoking signs are posted is prohibited. Violation is punishable by a fine of up to $50 or up to 30 days imprisonment for a first offense or both, $25 to $50 or up to 60 days imprisonment or both for a second offense, and $50 to $200 or 60 days imprison- ment or both for subsequent offenses. Reference Date 1953. N.Y. UNCONSOL. LAWS Ch. 170, Sections 1 8 2 (Consol. 1984). . Smoking is restricted to designated areas in factories. No-smoking notices must be posted as directed by the fire commissioner. Reference Date 1921. N.Y. LAB. LAW Section 283 (Consol. 1983). 102 Regulation of Sale to and Use of Tobacco Products by Minors o A person, business, or corporation in control of a place that sells tobacco products is required to post a sign that states that sale of cigars, cigarettes, chewing tobacco, powdered tobacco, or other tobacco products to one under 18 years of age is prohibited. A violation of this section is punishable by a fine up to $100 for the first offense and up to $250 for all subsequent violations. Reference Date 1965. N.Y. GEN. BUS. LAW Section 399-e (Consol. Supp. 1984). o One who sells tobacco in any form to one under 18 years of age is guilty of a class B misdemeanor. ft is no defense that a chikf was acting as an agent for another. Reference Date 1965. N.Y. PENAL LAW Section 260.20(5) (Consol. 1984). Commerce o No person shall be a cigarette wholesale dealer unless he has been granted and publicly displays in his place of business a license from the Department of Taxation and Finance. Reference Date 1939. N.Y. TAX LAW Section 480 (Consol. 1975). o Cigarette marketing standards to regulate and control the sale price of cigarettes within the state at wholesale and retail levels have been established and are defined. Ref- erence Date 1985. N.Y. TAX LAW Sections 483 to 487 (Consol. 1987). Taxat Ion o The tax rate per pack is 21t and was last changed in 1983. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. Health and Safety Regulations o Smoking is prohibited within 150 feet of ships, docks, warehouses, piers, wharfs, and other places where petroleum oil is stored or kept for export. Violation con- stitutes a misdemeanor. Reference Dates 1909 and 1965. N.Y. GEN. BUS. LAW Sectians 306 8 306-a (Con- sol. 1980). 9 Following New York's Uniform Commercial Code Section 2-314 (which makes the seller of unmerchantable goods civilly liable) a complaint form for the sale of adufterated cigarettes (e.g. a dead mouse in the tobacco) is provided. N.Y. U.C.C. SECTION 2-314 (Consol. 1981) (Form No. 5). North Carolina Regulations of Sale to and Use of Tobacco Products by Minors Commerce o Selling cigarettes or cut tobacco to one under 17 years of age is prohibited and is punishable by a fine up to $500 and/or imprisonment for upto six months. Reference Date 1891. N.S. GEN. STAT. Section 14-313 (1981). o No person shall engage in the business of a distributor of cigarettes without having obtained a license from the Secretary of State. Reference Date 1969. N.C. GEN. STAT. Section 105-l 13.11 (1979). Taxatlon Regulation of Advertising Practices o The promotion or sale and use of tobacco statutes is amended and dariiied in regards to flue-cured tobacco farmers. Reference Date 1959. N.C. GEN. STAT. Sec- tions 106-568.20 to 106-568.36 (Supp. 1987). o The tax rate per pack is 2u and was last changed in 1969. The Tobacco Institute, The Tax Burden on Tobaccxx Historical Compilation, 1986, vol. 21, p. 9. o Income tax deductions are provided for marketing as- sessments on tobacco grown in North Carolina. Refer- ence Date 1967. N.C. GEN. STAT. Sections 105-130.5 & 105-147 (Supp. 1987). North Dakota Limitations on Smoking in Public Places o Forthe purpose of separating smokers from nonsmokers, nonsmoking areas must be provided in all places of public assembly, and are to be designated by the person con- trolling the place of public assembly. Smoking areas may not exceed 50 percent of the total area. Places of public assembly include enclosed theatres, elevators, health 103 care facilities, state owned buildings such as hospitals, state institutions, office buildings, libraries, public educa- tion buildings, and public transportation vehicles. Res- taurants and other food service establishments with seat- ing capacity for more than 50 people are also included. Maximum penalty for violation is $100. Reference Date 1977. N.D. CENT. CODE Sections 23-l 2-09 to 23-12-l 1 (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form to a minor, and smoking or use by a minor of cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form constitute class B mis- demeanors. Reference Date 1973. N.D. CENT. CODE Section 12.1-31-03 (1976). . A minor is defined as a person under 18 years of age. Reference Date 1877. N.D. CENT CODE Section 14-1 O- 01 (1981). Commerce o Each person engaged in the business of selling cigaret- tes, cigarette papers, snuff, cigars, or tobacco must secure a license from the attorney general. Reference Date 1941. N.D. CENT. CODE Section 57-36-02 (1983). The license fees for wholesalers and retailers of tobacco products is revised. Reference Date 1965. N.D. CENT. CODE Sections 43-31-l 4,43-33-08,43-33-l 1, 53-06.1- 03,57-36-02,62.1-01-01 862.1-04-03 (Supp.1987). Cigarette distributors and wholesalers may not sell un- used stamps. The stamps may be returned for 95 percent of their face value. Reference Date 1941. N.D. CENT. CODE Sections 57-36-07, 57-36-12 8 57-36-25 (Supp. 1987). Taxation o The tax rate per pack is 27c and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. o An additional tax of 6 1 I2 mills on each cigarette is levied. Reference Date 1965. N.D. CENT. CODE Section 57-36- 32 (Supp. 1987). o The excise tax on cigars, snuff, and other tobacco products is increased from 11 to 25 percent of the wholesale purchase price. Reference Date 1963. N.D. CENT. CODE Sections 57-36-25 to 57-36-28 (Supp. 1987). Llmltations on Smoking in Public Places o Smoking is prohibited on public transportation vehicles where no smoking areas are clearly posted. Violation constitutes a minor misdemeanor. Reference Date 1984. OHIO REV. CODE ANN. Sections 2917.41(2) 8 (3)(E) (Page Supp. 1984). o Nonsmoking areas must be designated by posted signs in places of public assembly, including enclosed theatres, indoor recreational facilities, classrooms, elevators, rooms in health care facilities, state owned buildings including office buildings, public transportation vehicles, and other public places with a seating capacity of at least 50 people. Smoking is prohibited in designated nonsmok- ing areas. Restaurants, bowling alleys, and taverns are expressly excluded from coverage. Violation constitutes a minor misdemeanor. Reference Date 1981. OHIO REV. CODE ANN. Section 3791.031 (Page Supp. 1984). . Upon astreet railway employee's request, one is required to stop smoking in a passenger car. Maximum penalty is $10. Reference Date 1953. OHIO REV. CODE ANN. Sections 4951.57 & 4951.99(c) (Page 1977). Ohio Regulation of Sale to and Use of Tobacco Products by Minors 9 Furnishing cigarettes or other tobacco products to one under 18 years of age by manufacturers, producers, distributors, wholesalers, or retailers is prohibited, and- selling tobacco products is prohibited in a place without a posted sign prohibiting furnishing of tobacco products- to one under 18 years of age. A first violation constitutes- a fourth degree misdemeanor and subsequent violations- constitute a third degree misdemeanor. Reference Date- 1984. OHIO REV. CODE ANN. Section 2927.02 (Page Supp. 1984). Schools and School Health Education o Graded courses of study prescribed for schools include heatth education with instruction in the use and effects of cigarettes. Reference Date 1980. OHIO REV. CODE- ANN. Section 3313.60(E) (Page Supp. 1984). Commerce o No dwelling place may be used to manufacture tobacco for sale, except by members of the family living there, unless it complies with state requirements. Reference Date 1953. OHIO REV. CODE ANN. Section 4107.15- (Page 1980). 104 o No person shall engage in the wholesale or retail busi- ness of trafficking in cigarettes without a license. Refer- ence Date 1959. OHIO REV. CODE ANN. Section 5743.15 (1980). Taxatlon o The tax rate per pack is 18~ and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. Health and Safety Regulations Smoking or carrying lighted smoking tobacco is prohibited where fireworks are stored, and a no-smoking sign must be displayed over the entrance to the storage area. Violation is punishable by a fine of between $25 and $500. Reference Date 1953. OHIO REV. CODE ANN. Sections 3743.30 & 3743.99(A) (Page 1980). Smoking or carrying smoking materials is prohibited in mines. Smoking in or about surface structures is restricted to places where a fire or explosion cannot occur. Reference Date 1984. OHIO REV. CODE ANN. o Smoking in a self-service gasoline filling station is prohibited and a no-smoking sign must be posted on each self-service pump island. Reference Date 1979. OHIO REV. CODE ANN. SECTION 3741.14(8)(5)(b) (Page 1980). Section 4157.65 (Page Supp. 1984). o Membersof the Senate support and desire a tobacco-free young Ohio by the year 2000. Uncodified. SR 154 of the 117th OHIO GENERAL ASSEMBLY (1987). Oklahoma Limitations on Smoklng In Public Places Schools and School Health Education o Possession of lighted tobacco is declared a nuisance and a public heafth danger, and is prohibited in elevators, indoor theatres, libraries, indoor exhibits, recreational facilities, and buses, except where "Smoking Permitted" signs are posted in areas separate from the main area. A knowing violation is a misdemeanor punishable by a fine of between $10 and $100. Reference Date 1975. OKLA. STAT. ANN. Tile 21, Section 1247 (West 1983). . The "Smoking in Public Places Act" prohibits smoking in a public place not designated as a smoking area. Refer- ence Date 1987. OKLA. STAT. ANN. Tile 63, Sections 1-1521 to 1-1527 (West Supp. 1988). . Tobacco is expressly included as a drug in the Drug Abuse Education Act of 1972, which requires that the effects of drug use be taught. The purpose of the Act is to ensure the development of a comprehensive drug abuse education program for students in grades one through twelve. Implementation includes inservice teacher training. Reports are to be made to the legislature each year by the State Department of Education regard- ing the status of the program. Reference Date 1972. OKLA. STAT. ANN. Title 70, Sections 1210.221 to 1210.228 (West 1972 & Supp. 1984-1985). Commerce Regulation of Sale to and Use of Tobacco Products by Mlnors o Furnishing cigarettes, cigarette papers, cigars, snuff, chewing tobacco, and other tobacco products to a minor is prohibited and punishable by a fine of between $25 and $200 and imprisonment of between 10 and 90 days. Any minor in possession of cigarettes or cigarette papers who refuses to tell where and from whom he or she got the cigarettes is guilty of a misdemeanor. ff the minor is 16 years of age or older, he or she may be fined up to $5 or be imprisoned for up to five days or both. Minors under 16 years of age are to be referred to juvenile court for action that the court deems proper. One fourth of the collected fines are paid to the complaining witness and the remainder to county road funds. Reference Date 1915. OKLA. STAT. ANN. Tiile 21, Sections 1241 & 1242 (West Supp. 1988). o Each manufacturer, wholesaler, warehouseman, jobber, or distributor of cigarettes in Oklahoma must obtain a license from the tax commission. Reference Date 1975. OKLA. STAT. ANN. Title 68, Section 304 (1966). Taxation o The tax rate per pack is 23~ and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. Health and Safety Regulations o A minor is defined as a person under 18 years of age. Reference Date 1972. OKLA. STAT. ANN. Title 15, Sec- tion 13 (West 1983). o Depositing litter, defined in part as "any flaming or glowing ;;extafces..., [or] any substance which m,ay cause a . . . . . on roadways or other publrc property IS prohibited and is punishable by a fine of up to $100 or 30 days imprisonment, or both. Courts may require violators to pick up litter on a court directed schedule in lieu of imprisonment. Reference Date 1957. OKLA. STAT. ANN. Tile 21, Section 1753.3 (West 1983). 105 o Tobacco use is prohibited in rooms where dairy products . Smoking is prohibited in mining areas where flammables are unpacked or exposed. Reference Date 1965. OKLA. STAT. ANN. Trfe 2, Section 7-205 (West 1973). or explosives are stored, or in other areas where fire or explosion hazards exist. No-smoking sfgns must be o No-smoking signs must be posted where fireworks are sold. Reference Date 1969. OKLA. STAT. ANN. Title 68, Section 1623(a) (West Supp. 1984-l 986). posted. Reference Date 1978. OKLA. STAT. ANN. Title 45, Section 910( 1 O)(B) (West 1979). o Similar provisions are provided for storage and use of explosives for mining. Reference Date 1981. OKLA. STAT. ANN. Title 45, Sections 911 (A)(8) & (C)(5) (West Supp. 1984-l 985). Oregon Llmltations on Smoking In Pubik Places o Smoking is prohibited in public elevators and "No-Smok- ing' signs must be posted. Violation of the smoking prohibition is punishable by a $10 fine for each violation, and violation of the sign posting requirement is punish- able by a fine of $100. Reference Date 1975. OR. REV. STAT. Section 479.015 (1983). o Smoking is prohibited in hospital rooms and other patient care areas unless specifically designated otherwise. Ref- erence Date 1977. OR. REV. STAT. Section 441.815 (1983). o Smoking in or carrying lighted smoking instruments into public meetings is prohibited. Violation is punishable by a $10 fine. Reference Date 1973. OR. REV. STAT. Sec- tions 192.710 8 192.990 (1983). o Because smoking is found to be a health hazard, smoking is restricted to designated smoking areas in state- operated places of employment. The state's personnel division is required to adopt rules and standards to imple- ment this provision. This section also requires state agen- cies and departments providing employee lounges to provide smoke-free lounge areas and to prohibit smoking in nonsmoking areas. Offices occupied exclusively by smokers are exempt. Reference Date 1977. OR. REV. STAT. Sections 243.345 & 243.350 (1983). . The Oregon Indoor Clean Air Act's stated policy is to reduce the health hazard of tobacco smoke exposure in confined places by requiring nonsmoking areas in public places, including restaurants, indoor recreational facilities, retail stores, banks, commercial businesses, educational facilities, nursing homes, meeting rooms, grocery stores, and rooms in which jury deliberation oc- curs. o The person in charge of the public place is to designate nonsmoking areas and to post appropriate signs. No public place allows smoking in all areas except bars, offices occupied exclusively by smokers, private social functions under the sponsor's control, retail tobacco busi- nesses, and restaurants with 30 or fewer seats. The Health Division is responsible for adopting rules implementing and enforcing compliance by actions to enjoin repeated violations, Violation of provisions relating to improper designation of smoking areas and sign post- ing requirements are punishable by a fine totaling no more than $100 within a 30day period. Reference Date 1981. OR. REV. STAT. Sections 433.835 to 433.990(5) (1987). Regulation of Sale to and Use of Tobacco Products by Minors o Endangering the welfare of a minor under 18 years of age includes furnishing tobacco and smoking paraphernalia and constitutes a class A misdemeanor. Reference Date 1971. OR. REV. STAT. Section 163.575 (1983). Schools and School Health Education 9 As part of instruction in ethics and morality, the course of study in public schools includes the effects of smoking. Reference Date 1975. OR. REV. STAT. Section 336.067(d) (1983). Commerce o Every person desiring to engage in the sale of cigarettes as a distributor or wholesaler must obtain a license from the Oregon Department of Revenue. Reference Date 1965. OR. REV. STAT. Sections 323.105 & 323.107 (1981). Taxation o The tax rate per pack is 27c and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o The changes in the interest rate paid on refunds of excess cigarette taxes are defined. Reference Date 1969. OR. REV, STAT, Sections 118.230, 118.350, 118.865, 106 119.220, 293.250,305.115,305.830,314.105, 323.318, 323.330,323.401 & 496.385 (1987). o The tax rate for cigarettes sold by wmmon carriers is increased to that of cigarette distributors. Reference Date 1965. OR. REV. STAT. Sections 323.040 8 323.225 (1987). Heafth and Safety Regulations o Discarding lighted tobacco, cigars or cigarettes on forest lands, private roads, public highways, or railroad right of ways is prohibited. Operators of public conveyances must post a copy of this provision, Reference Date 1957. OR. REV. STAT. Section 476.715 (1983). Limitations on Smoking In Public Places o Smoking is prohibited in hospital patient care areas, o Persons causing fires as a result of violating the above provision is civilly liable for all expenses of fighting the fire. Reference Date 1971. OR. REV. STAT. Section 477.090 (1983). o During closed season in forest protection districts, smok- ing while working in or traveling through a district is unlawful. Reference Date 1959. OR. REV. STAT. Section 477.510 (1983). o Violation of Section 477.510 is punishable by a fine of up to $1,000 or 60 days imprisonment or both. Reference Date 1963. OR. REV. STAT. Section 477.993( 1) (1983). Pennsylvania nonsmoking patient rooms, and designated nonsmoking public areas of hospitals. Only patients may smoke in designated smoking patient rooms. One who violates this section is subject to a $10 fine and costs of prosecution. Reference Date 1977. PA. STAT. ANN. Title 35, Section 361 (Purdon Supp. 1985). o Smoking is prohibited in any aud'korium, balcony, or gallery of any theatre. Reference Date 1927. PA. STAT. ANN. Tile 35, Section 1225 (Purdon 1977). o City councils in first through third class cities may prohibit smoking or carrying lighted tobacco products in retail stores accommodating 300 people or more, or employing 25 or more workers. Regulation may be imposed in stores accommodating 100 or more people and 10 or more employees in third class. However, city councils may not, under this Act, prohibit smoking in any restaurant, restroom, beauty parlor, executive office, or any desig- nated smoking room. Reference Date 1947. PA. STAT. ANN. Title 53, Sections 3702 8 37403(33) (Purdon 1972 8 1957). Reguiatlon of Sale to and Use of Tobacco Products by Minors . ft is a summary offense to furnish cigarettes, cigarette papers, or tobacco in any form to one under 16 years of age. Violation of this section is punishable by a fine up to $25 for the first offense and up to $100 for the second offense. Subsequent offenses constitute a third degree misdemeanor. Reference Date 1972. PA. STAT. ANN. Tile 18, Sections 6305 & 6306 (Purdon 1983). Commerce o Persons under 16 years of age are not to be employed in stripping or sorting tobacco. Reference Date 1971. PA. STAT. ANN. Title 43, Section 44 (Purdon Supp. 1985). o Provisions governing industrial homework, based on the legislature's recognition that such work is harmful to society, prohibit manufacturing tobacco in a contractor's or employer's home without a permit. Continued viola- tions may be enjoined. Labels or other identification marks must be affixed to materials manufactured by home workers. Fines up to $1,000 or imprisonment up to 60 days or both may also be imposed for violations, and $5,000 fines or imprisonment for 60 to 90 days or both will be imposed for a second violation within five years of conviction. Permits may be revoked for conviction. Ref- erence Date 1937. PA. STAT. ANN. Tile 43, Sections 491-l to 491-21.1 (Purdon 1964 & Supp. 1985). o No person, unless ail of his or her sales of cigarettes are exempt from tax, shall sell any cigarettes within the state without a license. PA. STAT. ANN. Tile 72, Section 3168.401 (Purdon 1964). Taxation o The tax rate per pack is 18c and was last changed in 1970. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. Health and Safety Regulations o Smoking on board any ship within 150 feet of a maritime wharf where petroleum is stored is prohibited, unless the person in control of the wharf gives wriien permission. A knowing violation constitutes a misdemeanor for which 107 the violator may be fined up to $50 or up to six months imprisonment or both. Reference Date 1878. PA. STAT. ANN. Title 55, Sections 442 8 443 (Purdon 1964). o Smoking while handling explosives in a nongassy mine is prohibited. Reference Date 1961. PA. STAT. ANN. Tile 52, Section 701-262(j) (Purdon 1966). Rhode Island Llmltatlons on Smoking in Public Places o Smoking is declared a public nuisance and public health danger, and is prohibited in the following public places: elevators, indoor theatres, libraries, art galleries, museums, concert halls, buses, schools, colleges, super- markets, medical offices, and hospitals. Smoking is per- mitted in areas of places listed above that are separate from use by the public. Eating places with a seating capacity of 50 or more people are required to have separate seating arrangements for smokers and non- smokers. No-smoking signs must be posted and the person in control of a public area must make reasonable efforts to prevent smoking. A violation of this section is punishable by a fine between $10 and $100. Bars, nightclubs, lounges, dance clubs, and privately spon- sored social functions are exempt from these provisions. Reference Date 1977. RI. GEN. LAWS Sections 23- 20.6-1, 23-20.6-2 8 23.20.6-4 (1979 8 Supp. 1984). o No-smoking signs must be posted prohibiting smoking in stables and surrounding areas. Reference Date 1976. R.I. GEN. LAWS Sections 23.28.31-2 8 23-28.31-8 (1979). * The Workplace Smoking Pollution Control Act requires employers to adopt a smoking policy and post signs for designated smoking areas. Reference Date 1986. R.I. GEN. LAWS Sections 23-20.7-l to 23-20.7-7 (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing any tobacco product to one under 16 years of age is prohibited and violation is punishable by a maxi- mum fine of $250 for each offense. A person under 16 years of age who smokes or chews tobacco in any form in public is subject to a fine of $5. Reference Date 1896. R.I. GEN. LAWS Section 11-9-l 3 (Supp. 1987). Commerce Persons under 16 years of age may not be employed in stripping, sorting, manufacturing, or packing tobacco. Reference Date 1943. R.I. GEN. LAWS Section 28-3-9 (1979). Each person engaged in the business of selling cigarettes in Rhode Island must secure a license from the tax administrator. Reference Date 1939. R.I. GEN. LAWS Section 44-20-2 (1980). Taxatlon o The tax rate per pack is 25~ and was last changed in 1986. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o The rate of tax on unstamped cigarettes is increased to 12.5 mills for each cigarette. Reference Date 1948. R.I. GEN. LAWS Section 44-20-13 (Supp. 1987). Health and Safety Regulations . No-smoking signs must be posted at gas dispenser is- lands. Reference Date 1976. R.I. GEN. LAWS Section 23-28.22-l 5 (1979). o Discarding lighted cigarettes, cigars, or ashes where they are likely to cause a forest, brush, grass, or woods fire, and discarding objects from a moving vehicle are prohibited. This section is punishable by a fine between $25 and $100. Reference Date 1970. R.I. GEN. LAWS Section 2-l 2-9 (1976). o Carelessly causing a fire on another's land or on an adjacent highway is punishable by a fine between $25 and $200 or by imprisonment between five and 30 days or both. lf causing the fire is willful, punishment is a fine up to $200 or imprisonment between 30 days and five years or both. Reference Date 1970. R.I. GEN. LAWS Section 2-12-l 0 (1976). 108 South Carolina Llmltatlons on Smoking In Public Places o Smoking on school buses is prohibited while the bus is in operation. Reference Date 1937. SC. CODE ANN. Sec- tion 59-67-l 50 (Law. Co-op 1977). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigarettes, tobacco, cigarette papers, or any substitute therefore, to one under 18 years of age is prohibited. A violation of this section is punishable by a fine between $25 and $100, or by imprisonment for be- tween two months and one year or both. One half of any fine imposed is paid to the informer. Reference Date 1889. S.C. CODE ANN. Section 16-l 7-500 (Law. Coop 1985). Commerce o Every person engaged in the business of selling, pur- chasing, or distributing cigars, cigarettes, snuff or smok- ing or chewing tobacco at wholesale or through vending machines must obtain a license to engage in such busi- ness. Reference Date 1962. S.C. CODE ANN. Section 12-21-660 (Law. Co-op 1977). . The South Carolina Tax Commission requires tobacco distributors and purchasers to obtain licenses. Reference Date 1962. S.C. CODE ANN. Section 12-21-670 (Supp. 1987). Taxation * The tax rate per pack is 7e and was last changed in 1977. The Tobacco Institute, The Tax Burden on Tobacco: Historical Compilation, 1986, vol. 21, p. 9. Health and Safety Regulations o No-smoking signs must be posted in places where fireworks are stored and sold. Reference Date 1962. S.C. CODE ANN. Sections 23-35-90 & 23-35-l 00 (Law. Co-op 1977). Llmltatlons on Smoking In Public Places o Smoking is prohibited in any hospital or medical or dental clinic, nursing home, public library, museum, indoor theater or concert hall, elementary or secondary school building, public conveyance, jury room, elevator, public meeting, and any building constructed, maintained or supported by tax revenues for public purposes. Res- taurant proprietors may designate a portion of their estab- lishment with a seating capacity of 100 or more persons as nonsmoking. Reference Date 1974. S.D. CODIFIED LAWS ANN. Section 22-36-2 (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Municipalities possess the authority to prohibit furnishing cigarettes to minors or use of cigarettes by minors. Ref- erence Date 1980. SD. CODIFIED LAWS ANN. Section 9-29-8 (1981). o A minor is defined as a person under 18 years of age. Reference Date 1877. S.D. CODIFIED LAWS ANN. Sec- tion 26-1-1 (1984). o ft is a Class 2 misdemeanor to knowingly sell or give any tobacco product to a minor. H is a petty offense for any minor to purchase, attempt to purchase, possess, or consume any tobacco product. Reference Date 1987. S.D. CODIFIED LAWS ANN. Sections 10-46-8.3 8 15-7- 17 (1987). South Dakota o The use of smokeless tobacco by, or the sale of smoke- less tobacco to minors is prohibited and violation is a petty offense. Reference Date 1986. S.D. CODIFIED LAWS ANN. Sections 26-l O-20 & 26-l O-21 (Supp. 1987). Commerce o Municipalities possess the power to license and regulate the manufacture and sale of tobacco products. Reference Date 1890. S.D. CODIFIED LAWS ANN. Section 9-34-6 (1981). . Certain fees affecting tobacco, motor vehicles, and motor fuel sales are revised. Reference Date 1955. S.D. CODIFIED LAWS ANN. Sections lo-l-13 & 10-I-16.1 (Supp. 1987). Taxation o The tax rate per pack is 23~ and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o The tax rate on tangible personal property sold through vending machines is increased. Reference Date 1987. S.D. CODIFIED LAWS ANN. Section 10-45-8.2 (Supp. 1987). o The sales tax exemption for the sale of cigarettes is repealed. Reference Date 1935. S.D. CODIFIED LAWS ANN. Sections 1 O-45-8.2 8 1 O-45-1 1 (Supp. 1987). 109 Health and Safety Regulations o Discarding burning tobacco products from a vehicle is prohibited, and is punishable as a Class 2 misdemeanor. Reference Date 1937. SD. CODIFIED LAWS ANN. Sec- tion 34-35-8 (1977). o No-smoking signs must be posted where fireworks are sold. Reference Date 1971. S.D. CODIFIED LAWS ANN. Section 34-37-l 0.3 (1977). Tennessee Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigarettes, cigars, pipes, tobacco, or other tobacca products and smoking paraphernalia to a minor under 18 years of age is prohibited. Minors are prohibited from procuring cigarettes, cigars, pipes, smokeless tobacco, or other tobacco products and smoking paraphernalia and are prohibited from misrepresenting their age to obtain these materials. Merchants shall demand identification containing proof of age before they may sell cigarettesto a person who appears to be a minor. Signs must be posted where smoking materials are sold stating the prohibitions and punishments for violation. Law enforcement officers who send minors, with parental consent, to buy smoking materials are not committing a violation or an act of entrapment. Vendors whoviolate any of these prohibitions on three occasions are prohibited from selling smoking materials for five years. Each viola- tion is punishable by a fine up to $500 and imprisonment for up to six months. Reference Date 1981. TENN. CODE ANN. Sections 39-4-411 to 39-4-418 (1982). o The dissemination, purchase, or acquisition of smokeless tobacco products to or by a minor is unlawful. Reference Date 1981. TENN. CODE ANN. Sections 39-4-411 to 39-4-417 (Supp. 1987). Commerce o Every person engaged in the business of selling, distribut- ing, or handling tobacco products in Tennessee must obtain a license to engage in such business. Reference Date 1937. TENN. CODE ANN. Section 367-4-1015 (1983). . The type of burley seed unlawful for sale unless certified is defined. Reference Date 1972. TENN. CODE ANN. Section 43-l O-l 05 (1988). o The licensing fees for retailers of tobacco products are eliminated. Reference Date 1937. TENN. CODE ANN. Sections 67-4-1015 & 67-4-l 019 (Supp. 1987). Taxation o The tax rate per pads is 13e and was last changed in 1969. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. 9 The Unfair Cigarette Sales Law is revised to levy an additional sales tax on cigarettes and to provide for strict enforcement of the law. Reference Date 1949. TENN. CODE ANN. Sections 47-25-302, 47-25-308 to 47-25- 31 2 & 67-4-l 002 to 67-4-l 009 (Supp. 1987). Health and Safety Regulations o No-smoking signs must be posted where fireworks are sold or stored. The presence of smoking materials within 10 feet of where fireworks are stored or sold is prohibited. Violation is punishable by a fine of from $50 to $200 or 30 to 60 days imprisonment or both. Reference Date 1959. TENN. CODE ANN. Sections 68-22-l 11 8 68-22-l 14 (Supp. 1984). o Smoking is restricted in mines and mining areas where flammable materials are stored. Violation is punishable- by a fine between $50 and $500 or by imprisonment up to six months or both. Reference Dates 1951 and 1953. TENN. CODE ANN. Sections 59-6-103(b), 59-6-l 17,59- 6-510 &59-7-106(b) (1980). Texas Limitations on Smoklng in Public Places o Smoking or possession of a burning tobacco product is prohibited in primary and secondary schools, elevators, indoor theaters, libraries, museums, hospitals, public buses, planes, and trains, or as part of a theatrical produc- tion, except in designated areas. Signs must be posted_ stating that smoking is prohibited. Failure to post the sign is a defense to prosecution, as is a failure to provide facilities to extinguish smoking materials. One who 110 violates this section is guilty of a class C misdemeanor. Reference Date 1975. TEX. PENAL CODE ANN. Section 48.01 (Vernon Supp. 1985). Regulation of Sale to and Use of Tobacco Products by Mlnors o Furnishing cigarettes or tobacco in any form to one under 16 years of age, without parental consent, is punishable by a fine between $10 and $100. Reference Date 1899. TEX. CIV. CODE ANN. Section 4476-l 6 (Vernon 1976). Schools and School Health Education o Students are prohibited from smoking at any school re- lated or sanctioned activity on or off public school proper- ty. Reference Date 1987. TEX. EDUC. CODE Section 21.927 (Vernon 1988). 9 A school health education program relating to smoking and cancer is to be included in the curriculum for students from kindergarten through grade twelve. Uncodified. Act 1985 69th Legislature HCR 2 (1985). Commerce o A person may not engage in business as a distributor, wholesale dealer, or retail dealer of cigarettes unless he has received a permit from the Comptroller of Public Accounts of the State of Texas. Reference Date 1935. TEX. TAX CODE ANN. Sections 154.001 & 154.101 (Vernon 1982). o Neighborhood convenience stores are to sell cigarette papers only if they are accompanied by loose tobacco. Uncodified. Act 1987 70th Legislature HCR 177 (1987). Utah Llmltatlons on Smoking In Public Places o As an offense against the public welfare, smoking in a public place or at a public meeting place is prohibited except in designated smoking areas, unless an entire place is used for a private social function with seating arrangements controlled by the function's sponsor. Also in workplaces not frequented by the public and where smoke pollution is detrimental to the health or comfort of nonsmcking employees, the local health board is to draw up smoking rules to govern workplace smoking. o Cigarette and tobacco taxes and permits as they relate to wholesalers and distributors are defined. Reference Date 1935. TEX. TAX CODE. ANN. Sections 154.001 to 155.110 (Vernon 1988). Taxatlon o The tax rate per pack is 20.5~ and was last changed in 1985. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. o The provisions relating to the payment of cigarette taxes are defined. Reference Date 1981. TEX. TAX CODE ANN. Sections 154.050(b) to 154.052(a) (Vernon 1988). o The administration of the cigarette tax stamp is the duty of the state treasurer. Reference Date 1935. TEX. TAX CODE ANN. Sections 154.041, 154.043, 154.047, 154.055 & 154.056 (Vernon 1988). Health and Safety Regulations o Permitting lighted smoking materials within 10 feet of areas where fireworks are sold is prohibited. No-smoking signs must be posted. The maximum penalty for violation is a fine of up to $1,000, one year's imprisonment or both. Reference Date 1957. TEX. CIV. CODE ANN. Sections 9205(7) & (11) (Vernon Supp. 1985). . Minors are prohibited from carrying a lighted pipe or fire in any form where they will endanger the lives of others. Reference Date 1907. TEX. CIV. CODE ANN. Section 591 Oa (Vernon Supp. 1985). o The 69th Legislature supports the goal of a smokeless teenage society by the year 2000. Uncodified. Act 1985 69th Legislature HCR 4 (1985). Public place is defined as any enclosed, indoor area used by the general public or serving as a place of work including, but not limited to, restaurants, health care offices, and other commercial establishments, nursing homes, auditoriums, theatres, arenas, meeting rooms, and buildings constructed, maintained, or otherwise sup- ported by tax revenues in whole or in part. In addition, enclosed indoor areas where the proprietor posts no- smoking signs are considered public places. Violation constitutes a class C misdemeanor. Local health boards may also institute court action to enjoin repeated viola- tions. Reference Date 1976. UTAH CODE ANN. Sections 76-10-101. 76-10-106. and 76-10-108 to 76-10-110 (1978). o Criminal statutory sections 76-10-106 and 76-10-108 through 76-l O-l 10 are deemed to be public health laws enforceable by the health departments. The Health Department is empowered to adopt rules to implement Persons in control of public places may designate smok- ing areas, except places where smoking is prohibited by the fire marshal or some other law and are responsible for posting appropriate signs and arranging for seating and ventilation to provide smokefree areas. 111 these criminal provisions. Reference Date 1981. UTAH CODE ANN. Sections 26-15-11 & 26-15-12 (1984). o Smoking on any bus except a chartered bus constitutes a class C misdemeanor. The passenger who is in viola- tion may be ejected by the bus driver: other passengers may inform the driver of violators and request their dis- charge. Reference Date 1979. UTAH CODE ANN. Sec- tion 76-l O-1 506 (Supp. 1983). o The Indoor Clean Air Act shall include public conveyan- ces, buses, railway passenger cars, airport terminals, bus stations, railway terminals, elevators, retail stores, and other commercial establishments. Reference Date 1976. UTAH CODE ANN. Sections 76-10-101 to 76-10-l 10 (Supp. 1987). Regulatlon of Sale to and Use of Tobacco Products by Mlnors o Furnishing cigarettes or tobacco of any kind to one under 19 years of age, procuring cigarettes, cigars, or tobacco in any form, or allowing one under 19 years of age to smoke in his place of business is punishable as a class C misdemeanor. Reference Dates 1973 and 1974. UTAH CODE ANN. Sections 76-1 O-l 03 to 76-l O-l 05 (1978). o Cities and towns are empowered to prohibit the furnishing of tobacco to persons under 21 years of age. Reference Date 1898. UTAH CODE ANN. Sections 1 O-8-47 8 1 O- 13-9 (1973). o Furnishing cigarettes to a minor is prohibited. Reference Date 1930. UTAH CODE ANN. Section 59-l 8-l 2 (Supp. 1983). o A person who controls a tobacco vending machine that is accessible to persons under 19 years of age or who provides tobacco to a person under 19 years of age is guilty of a misdemeanor punishable by a fine between $25 and $100 or by imprisonment up to 60 days for the first offense. Second offenses are punishable by a fine of $50 to $200 or up to 90 days imprisonment. Subsequent offenses are punishable by a fine of $100 to $299 or not less than 90 days imprisonment or both. Signs prohibiting tobacco sales to minors must be posted on each machine. One who violates these provisions is guilty of a nuisance and may be enjoined from such activity, and the building itself may be abated as a nuisance. Reference Date 1933. UTAH CODE ANN. Sections 59-18-18 8 59-18-19 (1974). Schools and School Health Education o The State Board is required to adopt rules that provide for instruction in each grade level on the harmful effects of alcohol, tobacco, and controlled substances. Reference Date 1907. UTAH CODE ANN. Sections 53-14-4 8 53- 14-4.1 (Supp. 1987). Regulation of Advertlslng Practices o A warning label that states "Use of this product may cause oral cancer and other mouth disorders and is addictive," is required on all smokeless tobacco products sold in the state. Reference Date 1986. UTAH CODE ANN. Sections 59-14-501 to 59-14-508 (1987). o Cigarette and other tobacco products advertisements are prohibited on any billboard, streetcar, bus, or any other display except that a cigarette dealer may have a sign in front of his business stating he is a cigarette dealer. Cigarette advertisements may appear in newspapers, magazines and &nod&Is. Reference Date 1953. UTAH CODE ANN. Section 76-l O-l 02 (1978). Commeroe A shall be unlawful for any person to barter, sell, or offer for sale cigarettes or cigarette papers without having obtained a license therefore from the Utah State Tax Commission. Reference Date 1930. UTAH CODE ANN. Section 59-18-1 (Supp. 1985). it is unlawful for any person to sell, offer for sale, give or furnish clove cigarettes in the state. Reference Date 1974. UTAH CODE ANN. Section 76-10-105.3 (Supp. 1987). It is unlawful for any person to sell, offer for sale, give or furnish smokeless tobacco or chewing tobacco in the state. Reference Date 1973. UTAH CODE ANN. Sections 76-1 O-l 02 & 76-l O-l 11 (Supp. 1987). Taxatlon The tax rate per pack is 23t and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. The "Phase II" changes in the cigarette and tobacco licensing tax laws are clartiied and defined. Reference Date 1986. UTAH CODE ANN. Sections 59-14-101,59- 14-201 to 59-l 4-209 (1987). The Tax Code, particularly as it applies to tobacco sales and taxes, is recodified. Reference Date 1953. UTAH CODE ANN. Sections 59-14-101 to 59-14-107 (1987). Health and Safety Regulations o Discarding lighted smoking materials from a moving vehicle, or otherwise discarding substances that may cause fires on highways or wildlands constitutes a mis- demeanor. One who starts a fire as a result of violations may also be liable forth8 costs incurred infighting thefire. Reference Date 1951. UTAH CODE ANN. Sections 24- 2-1 5 8 24-2-l 8 (1984). . Discarding "any lighted material" from a moving vehicle is prohibited, and violation is punishable by a fine be- tween $25 and $299 for each violation. Courts may also 112 sentence offenders to at least one hour of cleaning up provisions. Reference Dates 1941 and 1957. UTAH litter. Signs must be posted by the Department of CODE ANN. Sections 41-6-114(e), 41-6-l 14.1 6 41-6- Transportation notifying the public of the statutory 114.2(1981). Vermont Limitations on Smoking In Public Places o Smoking is prohibited in mills, factories, barns, stables, or other outbuildings belonging to another person and in public buildings in which the person in control has posted no-smoking signs. One who violates this section is sub- ject to a fine up to $5. Reference Date 1892. VT. STAT. ANN. Title 20, Section 2752 (1968). o Each employer shall establish a smoking policy in places of employment. Reference Date 1971. VT. STAT. ANN. Title 18, Chapter 28 subch. 2 (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Furnishing cigars, snuff, or tobacco in any form to one under 17 years of age is prohibited without the written consent of the minor's parent or guardian. Maximum fine is $20. The person who controls a place where tobacco is sold is required to post a copy of Section 1308 provided by the Secretary of State. Failure to post the copy is punishable b a fine up to $5. Reference Dates 1888 and 1900. VT. S f AT. ANN. Tile 13, Sections 1308 8 1309 (1974). Schools and School Health Education o A minimum courseof study includes instruction about the health and societal effects of tobacco and is required to be taught in public and approved private schools, as well as in home study programs. Reference Date 1969. VT. STAT. ANN. Title 16, Section 906 (Supp. 1984). Commerce Minors under 16 years of age are not to be employed in a tobacco manufacturing plant, except that minors over 14 years enrolled in vocational studies may be so employed provided the Commissioner of Labor and In- dustry has inspected and approved the safety of the workplace. Reference Date 1910. VT. STAT. ANN. Title 21, Sections 437 & 438 (1978). Each wholesale dealer and distributor of tobacco products must obtain a license from the Vermont Com- missioner of Taxes. Reference Date 1959. VT. STAT. ANN. Tile 32, Section 7731 (1981). Taxatlon Virginia Regulations of Sale to and Use of Tobacco Products by Minors . The sale of tobacco products to minors under 16 years of age is prohibited. This provision does not apply to cigaret- tes sold in vending machines where a notice is posted. Reference Date 1986. VA. CODE Section 18.2-371.2 (Supp. 1987). Cornmew Taxation o The tax rate per pack is 2.5$ and was last changed in 1966. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 27, p. 9. The tax rate per pack is 17~ and was last changed in 1983. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. The exemption for cigarettes from the sales and use tax is repealed, making sales of cigarettes subject to that tax. Reference Date 1969. VT. STAT. ANN. Title 32, Sections 5965,5967,5968,5970,9741 & 9744 (Sups. 1986). Any person who transports or distributes cigarettes within the State of Virginia must obtain a permit from the Depart- ment of Taxation. Reference Date 1950. VA. CODE Section 58.1-l 014 (1984). o The Cigarette Sales Below Wholesale Cost Act is repealed. This bill amended VA. CODE Sections 59.1- 285 to 59.1-293 which was later repealed by Act 1986 Ch. 474. Health and Safety Regulations o Smoking is prohibited in food-producing workrooms. Violation by a person, business, or corporation is punish- 113 able by a fine of between $25 and $300. Reference Date . 1950. VA. CODE Sections 3.1-379 8 3.1381 (1983). o Discarding lighted smoking material from a vehicle in or near forest land, brushland, or fields is prohibited. Viola- tion of this section is punishable by a fine between $10 and $100 or imprisonment for up to 30 days for each separate offense or both. Violation leading to causing a fire can also create liability for costs of fighting the fire. Reference Dates 1919 and 1954. VA. CODE Sections 10-64.1 &lo-67(1978). When it is determined that a fire hazard exists, smoking is prohibited within 300 feet of forest lands, brushlands, or fields. This section is punishable by afine between $10 and $500, imprisonment for up to 30 days, or both for each separate offense. Reference Date 1954. VA. CODE Sections 27-54.1 & 27-54.4 (1965). o Smoking is prohibited L. __.. - . . . . . .__ _--. _._ - - wound mines near flammable or combustible materials. Smoking or carrying smokers' articles is prohibited in or near oil houses, explosive magazines and other hazardous mine areas. Reference Date 1950. VA. CODE Sections 45.1-39(c), 45.1-44(j) & 45.1-98(a) (1980). Washington Llmltatlons on Smoklng In Public Places o Smoking is prohibited in public places, except in desig- nated smoking areas. Public place means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private entities, the State of Washington or other public entity. Public places include, but are not limited to, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service estab- lishments,financial institutions, educational facilities, tick- et areas, public hearing facilities, state legislative cham- bers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, reception areas, and office workplaces. Intentional viola- tions of Washington's Clean Indoor Air Act are punishable by fines up to $100. Reference Date 1985. WASH. REV. CODE ANN. Sections 70.160.010 to 70.160.100 & 70.160.900 (West Supp. 1988). o Unlawful bus conduct, a misdemeanor, includes smoking or carrying lighted smoking materials on municipal transit vehicles if the person knows that such conduct is prohibited and is likely to cause harm to others. Refer- ence Date 1984. WASH. REV. CODE ANN. Section 9.91.025 (Supp. 1985). Regulatlon of Sale to and Use of Tobacco Products by Mlnors o Furnishing cigars, cigarettes, cigarette papers, wrappers, or tobacco in any form to one under 18 years of age constitutes a gross misdemeanor, and it is no defense that the person violating this provision believed that the minor was an agent for another. Reference Date 1971. WASH. REV. CODE ANN. Section 26.28.080 (Supp. 1985). Commerce No person shall engage in the business of a distributor or subjobber of tobacco products without receiving a certifi- cate of registration from the state. Reference Date 1961. WASH. REV. CODE ANN. Section 82.26.050 (1981). Changes have been made to the regulation of the cigarette industry to eliminate predatory cigarette pricing. Reference Date 1957. WASH. REV. CODE ANN. Sec- tions 19.91.010, 19.91.300, 82.24.500 & 82.24.510 to 82.24.560 (West Supp. 1988). iaxatlon The tax rate per pack is 3le and was last changed in 1986. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. The cigarette tax statutes are consolidated into one chap- ter. In addition, various tax rates and surtax rates on cigarettes have been consolidated. Reference Date 1961. WASH. REV. CODE ANN. Sections 82.24.020, 82.24.060, 82.24.265 & 82.32.270 (West Supp. 1988). Cigarette tax enforcement procedures and policies are provided. Reference Date 1961. WASH. REV. CODE ANN. Sections 82.24.110, 82.24.130, 82.24.135 & 82.24.145 (West Supp. 1988). An additional tax of 4 mills per cigarette and an additional tax of 16 3/4 percent of the wholesale price of tobacco products have been levied. The moneys collected will go into the water quality account. Reference Date 1986. WASH. REV, CODE ANN. Sections 70.146.010 to 70.146.080 & 70.146.900, 82.24.027 and 82.32.390 (West Supp. 1988). 114 Health and Safety Regulations . During closed season, any person who starts a fire in forest, brush, range, or grain areas by throwing away lighted smoking materials and who fails to extinguish the fire immediately may be fined from $25 to $100 or im- prisoned for up to two months upon conviction. One who willfully tampers with posted warning notices may also be punished in the same manner. Smoking in forest or brush areas during closed season except in areas free of inflam- mable materials is prohibited. Every conveyance operated in flammable areas must contain a smoking materials disposal receptacle and must have a copy of the no-smoking provision posted. Operators of saw mills and logging camps must also post notices. Violation of the no-smoking notice and provisions constitutes a mis- demeanor. Reference Date 1911. WASH. REV. CODE ANN. Sections 76.04.210 & 76.04.300 (1962). o Carrying lighted pipes within five feet of mine explosives is prohibited unless explosives are in a closed receptacle. Reference Date 1917. WASH. REV. CODE ANN. Sec- tions 78.40.473 & 78.40.675 (1962). o Smokers' articles are prohibited in mines. Reference Date 1917. WASH. REV. CODE ANN. Section 78.40.699 (1962). Llmitatlons on Smoklng in Public Places o Anyone who has lighted smoking materials or who lights smoking materials after entering a factory, business es- tablishment, mill, or workshop where no-smoking notices are posted commits a misdemeanor, punishable by a fine of $20 to $100 for each violation. Reference Date 1919. W.VA. CODE Section 21-3-8 (1981). o All owners or other persons responsible for the operation of any vehicles operated for the public transportation of eight or more persons must post no-smoking signs con- spicuously in the vehicles. Smoking is'prohibited in any vehicle in which a no-smoking sign is posted. Violation of this section constitutes a misdemeanor punishable by a fine of not less than $20 nor more than $100. Reference Date 1985. W.VA. CODE Section 8-27-l Oa (Supp. 1987). Regulation of Sale to and Use of Tobacco Products by Minors o Selling, giving or furnishing cigars, cigarettes, cigarette papers, or tobacco in any form to one under 18 years of age is prohibiied and is punishable by a fine between $10 and $25 for the first violation. and between $25 and $300 for each subsequent violation. Reference Date 1891. W.VA. CODE Sections 16-9A-1 to 16-9A-5 (Supp. 1987). o Smoking or possession of cigarettes, cigarette papers or any other form prepared to be filled with smoking tobacco for cigarette use by one under 18 years of age is prohibited, and is punishable by a fine up to $5, provided that the minor is immune from prosecution if he discloses the person, firm or corporation who provided the cigaret- tes. Reference Date 1913. W.VA. CODE Section 16-9-5 (1985). Schools and School Health Education o Smoking cigarettes on school grounds or in school build- ings is prohibited. Violation is punishable by a fine of from West Virginia $1 to $5 for each offense. Reference Date 1913. W.VA. CODE Sections 16-9-7 to 16.9A-4 (Supp. 1987). Regulation of Advertising Practices o Any outdoor billboard advertisement for snuff and chew- ing tobacco products must display one of three health warnings. Reference Date 1891. W.VA. CODE Section 16-9A-5 (Supp. 1987). Commerce o Manufacturing tobacco in one's home is prohibited. The State Commissioner of Labor is charged with enforce- ment of industrial homework provisions. Violation con- stitutes a misdemeanor, and permits may be suspended or revoked. Reference Date 1939. W.VA. CODE Sections 21-7-1 to21-7-11 (1981). Taxation o The tax rate per pack is 174: and was last changed in 1978. The Tobacco Institute, The Tax Burden on Tobac- co: Historical Compilation, 1986, vol. 21, p. 9. Health and Safety Regulations o Discarding lighted smoking materials on forest land, private roads, highways, and railroad right-of-ways is prohibited. Violation constitutes a misdemeanor. Refer- ence Date 1929. W.VA. CODE Section 20-3-6 (1981). o Smoking in and around coal mine surface structures is restricted to areas where it will not cause a fire or ex- plosion. Reference Date 1958. W.VA. CODE Section 22-2-53 (1981). o Smoking and smokers' articles are prohibited in coal mines. The mine operator must conduct frequent searches of those entering or already in the mine. Refer- ence Date 1887. W.VA. CODE Section 22-2-57(b) (1981). 115 Wisconsin Limitations on Smoking In Public Places . Wisconsin's Clean Indoor Air Act prohibits smoking in public conveyances, educational facilities, inpatient health care facilities, indoor theatres, offices, public pas- senger elevators, restaurants, retail stores, public waiting rooms, and public buildings. Exceptions include smoking areas designated by posted notices, offices occupied exclusively by smokers, rooms used for private functions under the sponsor's control, restaurants where the liquor sales account for more than 50 percent of the receipts or where the seating capacity is less than 50 persons, privately owned offices, prisons, and manufacturing plants. If the person in control of a building willfully fails to comply with provisions regulating designating and posting notices of smoking areas on or after April 1,1985, a $25 forfeiture may be levied. After July 1, affected parties or government officials may sue to enjoin repeated violations. Reference Date 1983. WIS. STAT. ANN. Section 101.123 (West Supp. 1984). Schools and School Health Education o All elementary and secondary schools are required to provide education regarding tobacco as part of the Department of Education's critical health care education program. Reference Date 1977. WIS. STAT. ANN. Sec- tion 115.35(l) (West Supp. 1984). Commerce * lt is unlawful for a person to manufacture cigarettes in Wisconsin or sell cigarettes in Wisconsin as a distributor, jobber, vending machine operator, or multiple retailer without first obtaining the proper permit to perform such operations from the Department of Justice. Reference Date 1965. WIS. STAT. ANN. Section 139.34 (West 1974). . The retail cigarette license in Milwaukee is good for one year. Reference Date 1897. WIS. STAT. ANN. Section 134.65 (West Supp. 1987). Taxatlon o The tax rate per pack is 3Oe and was last changed in 1987. The Tobacco Institute, "Cigarette Tax Data," 1987. . Several technica? and minor policy changes in regard to beverages, fuel, alcohol, and tobacco products taxes have been made. It is illegal to possess untaxed tobacco products. Reference Date 1953. WIS. STAT. ANN. Sec- tions 78.40 to 139.86 (West Supp. 1987). Health and Safety Regulations Any person who, by smoking or attempting to light or smoke tobacco products, negligently sets fire "to any bedding, furniture, curtains, drapes, house or any househoM fittings" or any part of the public abode is subject to a fine between $50 and $250, or imprisonment between 10 days and six months or both, together with court costs. Notices to this effect must be posted in each sleeping room. Reference Date 1947. WIS. STAT. ANN. Section 50.58 (West Supp. 1984). Ventilation requirements for public buildings and work places that establish the mandatory minimum quantities of outside air to be supplied to indoor areas may not be waived by the Labor Department unless smoking is prohibited and the owner demonstrates that the air quality is equivalent to that provided by outside air. The Depart- ment is responsible for enforcing compliance. Reference Date 1980. WIS. STAT. ANN. Section 101.025 (West Supp. 1984). * Cigars are not to be manufactured in shops located below ground floors. Reference Date 1899. WIS. STAT. ANN. Section 167.22 (West 1974). Wyoming Commerce Health and Safety Regulations . Every wholesaler who sells or offers to sell cigarettes in the Stats of Wyoming must have a license to do so. Reference Date 1951. WYO. STAT. Section 39-6-l 02 (1985). 9 Discarding "a burning substance" from a vehicle is punishable by imprisonment up to six months or a fine up to $750 or both. Reference Date 1982. WYO. STAT. Section 6-3-l 07 (1983). Taxation . The tax rate per pack is 8~ and was last changed in 1967. The Tobacco Institute, The Tax Burden on Tobacco: Historical Compilation, 7986, vol. 21, p. 9. 116 9 Smoking around mine surface flammables storage areas is restricted to places where a fire or explosion will not be caused. Reference Date 1903. WYO. STAT. Section 30-2-602 (1983). LOCAL ORDINANCES AND REGULATIONS In addition tothe National focus on smoking and health issues, State and city legislatures are increasing efforts to implement theirown regulations. Twenty cities with the highest population count were examined for local ordinances covering issues on smoking and health. The cities were (in alphabetical order by city): Baltimore, Maryland; Boston, Massachusetts; Chicago, Illinois; Columbus, Ohio; Dallas, Texas; Detroit, Michtgan; Houston, Texas; Indianapolis, Indiana; Jacksonville, Florida; Los Angeles, California; Memphis, Tennessee; Milwaukee, Wisconsin; New York, New York; Philadelphia, Pennsylvania; Phoenix, Arizona; San Antonio, Texas; San Diego, California; San Francisco, California; San Jose, California; and Washington, D.C. Due to the magnitude and complexity of tracking local crdinan- ces and regulations, and the mechanisms each municipality uses to codify legislation, this compilation represents a sam- pling of local legislative efforts. State laws may existpertaining to issues on smoking and health; however, this compilation only reflects local ordinances and regulations on the city records through January 1988.' The ordinances and regula- tions have been categorized into the following five topic areas: Smoking in Public Places; Smoking Regulations in the Workplace; Public Safety Regulations; Municipal Tobacco Taxation; and Regulation of Cigarette Sales to Minors. I. Smoking in Public Places Baltlmore, Maryland Smoking on streetcars, trackless trolleys, or buses is a mis- demeanor punishable by a $10 maximum fine (Baftimore, MD., Code Article 19, Section 142 (1983). Ord. No. 169 (1945)). Boston, Massachusetts Smoking is restricted in public buildings and in public places (City of Boston Code, Ordinances, Title 2, Section 362 (1980)). Regulations pertaining to smoking include such places as: theaters, public halls, special halls, miscellaneous halls, places of assembly, public buildings, schools, colleges, universities, factories, workshops, mercantile establishments, wharves, docks, warehouses, and passenger and freight elevators (Boston Fire Prevention Code, Ordinances, Chapter 28, Article 30, Sections 30.01 to 30.06 (1979)). Fines for violation are not less than $10 nor greater than $50. Chlcago, llllnols It is a misdemeanor to smoke on any public conveyance holding more than seven passengers (Chicago, IL., Code Section 193-7.10 (1955)). It is illegal to smoke on any public elevator, and in retail stores employing more than 15 persons (excluding food areas, waiting rooms, restrooms, executive offices, beauty parlors, and areas where merchandise is not exposed), (Chicago, IL., Code Section 193-7.9 (1948)). Smok- ing is prohibited in theaters, churches, and schools (Chicago, IL., Code Sections 90-91 (a)-(g) (1980)). Columbus, Ohlo Smoking is prohibited in retail stores (Columbus, OH., Code Section 18.1, Ord. No. 237-48) theaters, halls, and auditoriums (Columbus, OH., Code Section 1016 (1919) Ord. No. 22240 (1919)). Dallas, Texas Smoking is prohibited in transit system vehicles, public elevators, conference and meeting rooms, city buildings (ex- cluding Love Field, Convention Center, and Reunion Arena), hospital rooms, libraries, museums, posted areas, nonsmok- ing areas of restaurants seating 50 persons or more (excluding bars), retail stores, theaters, and primary and secondary schools (Dallas, TX., Ord. No. 18961 (1985)). Fines for violation range from $25 to $250. Detroit, Mlchlgan Smoking is prohibited in elevators (Detroit, MI., Code Section 19-3-96, Ord. No. 314-H (1979)). Houston, Texas Smoking is prohibited in public places (Houston, TX., Code Section 21-237(a)). Public places include, but are not limited to: vehicles of public transportation (such as trains, buses, and ferries), elevators, governmental facilities, gymnasiums, concert halls, auditoriums, health care facilities (including hospitals, nursing homes, doctors' offices, dentists' offices, and laboratories), libraries, museums, art galleries, theaters, meeting rooms, convention centers, hotels, motels, ' An ordinance adopted by the Chicago City Council on May 25,1988 falls outside this survey period. This ordinance bans or restricts smoking in a variety of public places and limits smoking in the workplace. 117 restaurants with a seating capacity of more than 50 persons, commercial establishments (excluding bars), restrooms, retail establishments (excluding tobacco retail shops), educational facilities from day care through college, and public areas of airports (Houston, TX., Code Section 21-236, Ord. No. 86.1311 (1986)). indianapolls, Indiana Smoking is prohibited in streetcars, buses, elevators, public conveyances, hospital beds, hotel beds, retail selling estab- lishments, and educational occupancies (Indianapolis, IN., Code Section 12-126, Ord. No. 120 (1972)). Smoking is regulated in public service areas of government buildings and public assembly areas of local government buildings. Penal- ties for violation include a $25 fine, attending a free no-smok- ing clinic, or three hours community service in a cancer ward (Indianapolis, IN., Code Section 20-203 (1987)). Jacksonviii8, Florida Smoking is prohibited in public libraries and in the Veterans Memorial Coliseum except in restrooms and designated smoking areas. Smoking is allowed by performers as part of a theatrical production or during private gatherings or affairs not open to the general public. Violation is punishable by a fine not more than $25, imprisonment for up to 10 days, or both. (Jacksonville, FL., Code Section 614.125, Supp. 4 (1983)). In places of assembly where the Fire Marshall deems it a public hazard, smoking is also prohibited. in such cases, regulation signs must be posted marking the area nonsmoking (Jackson- ville, FL., Code Section 447.202 (1983)). Los AngSi8S, California Smoking is prohibited in health care facilities, public meeting and assembly rooms, and retail food marketing estab- lishments (Los Angeles, CA., Code Section 41.50, Ord. No. 159498 (1984)). Additional smoking prohibitions are provided in arenas, gymnasiums, libraries, restaurants having aseating capacity of over 50 persons, areas of primary and secondary schools normally occupied by children, theaters, polling places, airport, train, or bus depot waiting areas or ticket lines, and day care facilities (Ord. No. 162989 (1987)). M8mphiS, TSnn8SS88 Smoking is prohibited in many public areas including: Mem- phis Area Transit Authority buses, elevators, Mid South Coliseum, Auditorium South Hall, Dixon Meyers Hall, hospital lobbies, hospital waiting rooms, hotels, Cook Convention Cen- ter, public and private restaurants, merchandising stores with more than five employees, and theaters (Memphis, TN., Code Section 20-215, Ord. No. 3517 (1986)). Milwaukee, WiScOnSin Smoking is prohibited on public buses (Milwaukee, WI.. Code Section 98-l 5 (1979)) and in theaters (Milwaukee, WI., Code Section 105-49 (1943)). New York, New York Smoking is prohibited in ticketing, boarding, and waiting areas of public transportation facilities, in buses, subways, vans, taxicabs, elevators, concert halls, auditoriums, arenas, in public health care facilities including hospitals, clinics, physi- cal therapy facilities, convalescent homes, and homes for the aged, in public areas of hotels and motels with 25 or more employees, in libraries, museums, galleries, convention halls, in public meeting places, restaurants with a seating capacity of 50 or more persons, restrooms, retail stores employing more than five employees or accommodating more than 150 customers, in pre-primary, primary, and secondary schools, in colleges, trade schools, theaters, places of religious assemb- ly, and in banks employing more than 15 employees (New York, NY., Code Section 17-503 (1988)). Phiiad8iphia, Pennsyivani8 Smoking is prohibited in any public transportation vehicle, in any place of public assembly seating more than 100 persons, and in any retail store designed to accommodate more than 30 persons, or where more than 25 persons are employed (Philadelphia, PA., Code Section 10-602, enacted in 1943, 1947, and 1948). Phoenfx, Arizona Smoking is banned from public places, defined in Section 23-103 to include public transportation vehicles, taxicabs, elevators, enclosed public buildings, government buildings, auditoriums, indoor sports facilities, offices of health care professionals, pharmacies, public areas of hotels and motels, restaurants, restrooms, retail stores, grocery stores, shopping malls, public and private schools, theaters, airport service lines, airport waiting lounges, financial institutions, and child care centers. Fines for violation range from $25 to $100 (Phoenix, AZ., Code Section 23-l 05 (1986)). San Antonio, Texas Smoking is prohibited in bus and train facilities, taxicabs, elevators, conference rooms, meeting rooms, or any public service areas of city buildings, concert halls, cultural facilities, hospital or nursing home corridors, hospital rooms, nonsmok- ing areas of restaurants, retail stores, service establishments, department stores, grocery stores, clothing stores, shoe stores, hardware stores, laundromats, hair salons, barber shops, public primary and secondary schools, motion picture theaters, airport facilities, banks, and savings and loan facilities (San Antonio, TX., Code Ch. 28.5, Section 2, Ord. No. 62781, passed Par. 24 (1986)). San Diego, Cailfornla Smoking is prohibited on public conveyances, elevators, governmental and educational agencies, pharmacies, health facilities, hospital rooms, psychiatric facilities, libraries, museums, galleries, public assembly halls, restaurants with a seating capacity of more than 20 persons must provide non- smoking sections, restrooms, retail stores, retail service establishments, food markets, retail food production estab- lishments, educational facilities, and theaters. Any person violating the Act is subject to fines from $10 to $100 (San Diego, CA., Code Section 45.0103 (1983), Ord. No. 11459 (1974)). San Francisco, California Smoking is prohibited in lobbies, waiting areas, restrooms, and dining areas of restaurants that are specified as nonsmok- ing areas. Owners are required to allocate adequate amounts of space as nonsmoking areas and must inform all patrons of nonsmoking areas (San Fransico, CA., Code Part II, Ch. V. Article 19A, Ord. No. 298-83 (1983)). San Jose, California Smoking is prohibited during public meetings of government officials, any room, chamber, or place Where entertainment events, lectures, or athletic events are held, in public areas of 118 health care facilities, including hallways, waiting rooms, and lobbies, in patient rooms by nonpatients, in nonsmoking areas of restaurants with a capacity to serve more than 50 persons, in retail stores, public elevators, and in theaters (San Jose, CA., Code Section 944.101 to 944-080, Ord. No. 20364 (1980)). assembly room owned or leased by the District of Columbia, in hallways, wafting rooms, and lobbiesof heafth carefacilities, in patient rooms, in educational facilities, libraries, in non- smoking areas of restaurants with a seating capacity of more than 50 persons, in retail stores, in nursery, elementary and secondary schools, day carecenters, and institutions of higher education (District of Columbia, Cod8 Section 6-912 to Sec- Washington, D.C. Smoking is prohibited on public passenger vehicles seating 12 or more passengers, in elevators, in any public hearing or tion 6-917 (1979) amended January 1988, Section 7-100, eff e&e March 29, 1988). II. Smoking Regulations In The Workplace Boston, Massachusetts Personnel of the Department of Health and Hospitals, Emer- gency Medical Services Ambulance Service are forbidden to smoke while engaged in patient care or while driving (MA. Gen. Laws, Chapter 111 C, 1st Edition, Rules, Regulations and Standard Operating Procedures, 1.8.3.6. (1981)). Dallas, T8X8S Employers are required to implement a written policy that protects nOnsmOk8rS from second-hand smoke and to estab- lish a procedure for addressing employee complaints. The employer may us8 existing structural barriers and ventilation systems to create a nonsmoking area, and need not incur additional expenditures. The employer must provide con- spicuous signs to mark the nonsmoking area. An employer may not discharge, discriminate, or retaliate against an employee who exercises his rights under the Ordinance (Dal- las, TX., Code Section 41-6 to Section 41-9, Ord. No. 19648 (1987)). Houston, Texas Employers are required to implement and maintain a written smoking policy to accommodate the desires of smokers and nonsmokers in the workplace (Houston, TX., Code Section 21-239, Ord. No. 86-l 131 Section 2 (1986)). Los Ang8le8, Cailfornk Employers are required to adopt, implement, and maintain a written smoking policy. The policy must provide that employers will try to accommodate the desires of both smokers and nonsmokers in the event of a dispute. An employer need not make additional expenditures to create structural or physical modifications in the workplace. A mini- mum of two-thirds of a lounge orcafeteria must be a nonsmok- ing area; restrooms and employee medical f@ities must be nonsmoking areas. Employers must inform employees of the smoking polfcy and post signs in nonsmoking areas, An employer who makes reasonable efforts to develop and promulgate a smoking policy shall be deemed in compliance with the law (Los Angeles, CA., Code Section 41.50, Ord. No. 159, 498 (1994)). New York, tbw York Employers with ov8r 15 employees are required to implement and adopt a written smoking policy that provides for a proce- dUr8 to resolve a diSpUt8 When an employ88 desires to work in a smoke-free workplace. The policy must also provide nonsmoking areas, including 50 percent of all lunchrooms, employee medical facilities, auditoriums, classrooms, con- ference rooms, meeting rooms, hallways, elevators, 50 per- cent of each employee lounge, restrooms, and any employee work area designated by the employee as a nonsmoking area. Employers must furnish 8aCh employee with a copy of the smoking policy, and post signs in no-smoking areas. Private enclosed offices occupied by smokers are excepted. An employer is prohibited from dismissing, demoting, suspend- ing, or taking any disciplinary action against an employ88 who exercises his or her rights Under the smoking policy (New York, NY., Code Section 17-504 (1988)). Phoenix, Arizona Employers are required to adopt, implement, and maintain a written smoking policy that makes use of existing ventilation and partitions to accommodate the preferences of smoking and nonsmoking employees. Employers are not required to incur expendftures or make structural changes, but if an accommodation between smokers and nonsmokers cannot be reached, the preference of nonsmokers must prevail. One- haff of all lounges, restrooms, employee medical facilities, hallways, stairways, elevators, conference rooms, meeting rooms, auditoriums, and classrooms must be nonsmoking areas. The employer must announce the smoking policy to employees, post the smoking policy in a conspicuous area, and post signs in all nonsmoking areas. An employer is prohibited from terminating or disciplining an employee when th8 employee makes a complaint about smoking in the workplace (Phoenix, AZ., Code Section 23-106, Ord. No. 2865 (1986)). San Antonio, T8Xa8 An employer must adhere to certain guidelines when desig- nating all or part of the workplace as a nonsmoking area. An employer is required to have and implement a written policy that conforms to Chapter 28.5 of the Houston Code. The employer must make the written policy available for employee inspection, and the nonsmoking areas must be marked by conspicuous "No-Smoking" signs (San Antonio, TX., Cod8 Ch. 28.5 Section 4, Ord. No. 62791 (1986)). San Dkgo, California Smoking is prohibited in places of employment except in designated smoking areas. Employers are required to use existing physical barriers and partitions to minimize the effects of cigarette smoke, but need not incur any additional expense 119 for physical or structural changes. An employer who develops a smoking policy in good faith is deemed in compliance with the Act. Unless the area is designated as a smoking area, a worker may not smoke in lounges, conference rooms, cafeterias, or work areas. Private offices are exempt from the prohibition, and employers must clearly mark all nonsmoking areas (San Diego, CA., Code Section 45.0101 to Section 45.0111 (1986)). San Francisco, California Employers are required to adopt, maintain, and implement a written smoking policy in offices. The policy must require employers to use existing partitions and ventilation to reduce the effects of second-hand smoke. While employers need not incur expenditures to accommodate the desires of smokers and nonsmokers, the preference of nonsmokers must prevail if a solution is not reached. The employer must announce the smoking policy, post it in a conspicuous place, and clearly mark the nonsmoking area with signs. Offices occupied ex- clusively by smokers are exempt from the Act (San Francisco, CA., Code Section 1003, Ord. No. 298-83 (1983)). San Jose, Callfornla Employers are required to adopt, implement, and maintain a written smoking policy, and the employer must give preference to the requests of nonsmokers. Smoking is prohibited in restrooms, hallways, elevators, conference rooms, meeting rooms, employee medical facilities, classrooms, auditoriums, and two-thirds of each employee lounge. Any employee may designate his or her immediate work area as a nonsmoking area. All employers are required to communicate the smoking policy to employees'and to post signs in nonsmoking areas. An enclosed workplace occupied exclusively by smokers is exempt (San Jose, CA., Code Section 944.120, Ord.. No. 21830 (1984)). Baltimore, Maryland Smoking is prohibited on wharves and piers and in sheds. Smoking is prohibited on any vessel or near a vessel where explosives are being unloaded (Baltimore, MD., Code Article 10, Section 45 (1983)). Smoking is prohibited in or on cars containing explosives, or in the vicinity of explosives, aboard vessels, cars, or barges (Baltimore, MD., Code Article 10, Section 82, Ord. No. 336 (1913)). Boston, Massachusetts Smoking is prohibited in factories, workshops, mercantile establishments, or warehouses where the material being handled in and about the structure may readily be ignited by smoking materials or where such structures are of a combustible construction or if they are considered a fire hazard (Boston Fire Prevention Code, Ordinances, Chapter 28, Article 30, Sections 30.01 to 30.06 (1979)). Chicago, llllnols Smoking is prohibited where certain dangerous substances are kept. Smoking is prohibited in lumberyards (Chicago, IL., CodeSection 90-91(g) (1980)), in publicassemblyunitswhere combustible contents are kept (Chicago, IL., Code Section 90-91 (e) (1980)), in "hazardous use rooms" (Chicago, IL., Code Section 90-91 (1980)) and in storage rooms where any highly flammable materials are kept (Chicago, IL.. Code Sec- tion 92-56 (1977)). Columbus, Ohio Smoking is prohibited in any room used for dry cleaning (Columbus, OH., Code Section 18.42, Ord. No. 215-42 (1942)). Dallas, Texas Smoking is restricted around certain food products. Smoking is prohibited by workers in food product establishments (Dal- las, TX., Code Section 17-3.3(b) (1985)) and by workers engaged in processing milk or milk products (Dallas, TX., Code Section 26-7, Item 2Op (1961)). III. Public Safety Regulations Detroit, Mlchlgan Smoking is prohibited where combustible fibers are stored (Detroit, MI., Code Section 19-347(2) (1979)), and in areas containing dust producing operations (Detroit, MI., Code Sec- tion 1 g-3-47(3) (1979)). Using acigarette to set fire to any hotel furnishings is prohibited (Detroit, MI., Code Section 42-2-9 (1964)). Houston, Texas Smoking is prohibited near oil wells or oil tanks (Houston, TX., Code Section 31-66) within 50 feet of an automobile accident (Houston, TX., Code Section 8-l 89) and by drivers of subur- ban buses (Houston, TX., Code 46-147). Indlanapolls, lndlana Smoking is prohibited in the area of explosives (Indianapolis, IN., Code Section 12-240(b) & Section 12-248 (1972)), in any room containing a dusty atmosphere (Indianapolis, IN., Code Section 12-196(3) (1972)) in any room where film is handled (Indianapolis, IN., Code Section 12-432 (1972)), in any room where flammable materials are kept (Indianapolis, IN., Code Section 12-378 (1972)), and in finishing rooms or any area used for the storage of flammable finishes (Indianapolis, IN., Code Section 12-310 (1982)). Jacksonville, Florida Smoking is prohibited in the area of explosives and facilities for mixing blasting agents (Jacksonville, FL., Code Section 431 .106, Section 431 .107, Section 431.109, Section 435.914. & Section 431 .112 (1983)), in any room containing a dusty atmosphere, such as lumberyards and woodworking plants (Jacksonville, FL., Code Section 434.103 & Section 441.103 (1983)) in any room where flammable materials are kept (Jacksonville, FL., Code Section 435.607 (1963)), in any area where conditions are such as to make smoking a hazard, i.e., any areas of piers, wharves, warehouses, stores, industrial plants, institutions, buildings under construction, places of assembly, or places where combustible materials are stored or handled (Jacksonville, FL., Code Section 447.202 (1983)), 120 and in finishing rooms or any area used for the storage of flammable finishes (Jacksonville, FL., Code Section 434.103 8 Section 435.607 (1983)). Where smoking is permitted, there shall be provided suitable, noncombustible ash trays or match receivers (Jacksonville, FL., Code Section 446.114 (1983)). Los Angeles, Callfornla Smoking is prohibited in any public garage or on the premises of any auto fueling station (Los Angeles, CA., Code Section 57.100.37). New York, New York Smoking is prohibited on any vessel storing petroleum oil, in any warehouse, shed, dock, pier, bulkhead, or wharf (New York, N.Y., Code Section C19-168 (1976)) or in any room where food is processed, prepared, or packaged (New York, N.Y., Code Section 81.27 (1981)). Disposal of any cigarette within any building, boat, car, or common carrier, except in ashtrays, is prohibited (New York, NY., Code Section 19-168 (1976)). San Antonio, Texas Smoking is restricted around fuel in airports (San Antonio, TX., Code Section 3-61 (1984)) or within 50 feet of a plane being refueled (San Antonio, TX., Code Section 3-113 (1964)). San Antonio has adopted the Texas Department of Health Rules on Food Sanitation, which prohibits employees from smoking while engaged in food preparation, food service, or dishwash- ing (San Antonio, TX., Ord. No. 59746 (1984)). San Dlego, Callfornla Smoking is prohibited near fuel in airports (San Diego, CA., Unified Port District Code Section 5.05 (1964)), within 50 feet of the landing pad of heliport and helistop locations (San Diego, CA., Code Section 68.0210 (1970)) in garages (San Diego, CA., Code Section 55.20.4 (1967)) on any municipal wharf or in any municipal warehouse (San Diego, CA., Code Section 63.15.37 (1967)) and within buildings underconstruc- tion (San Diego, CA., Code Section 68.0131 (1969)). Smoking is prohibited during and up to four hours after apply- ing flammable finishes to bowling alleys (San Diego, CA., Uniform Fire Code Section 55.26.103 (1984)). San Jose, California Smoking is prohibited near airplanes or fuel in airports (San Jose, CA., Code Section 15.04.160 (1950)) and near any park, trail, bridle path, or in any fire risk area (San Jose, CA., Code Section 1344.130 (1977)). Chlcago, llllnols A 1 Oe tax is imposed on each pack of 20 cigarettes sold within the city. Each tobacco wholesaler is required to collect the tax from retailers and pay the Comptroller. Wholesalers are re- quired to make invoices for each sale, file quarterly tobacco tax returns, and must purchase tax stamps from the Comptroller before delivery to retailers. Retailers are required to file a sworn inventory on all cigarettes in their control, and must file a report showing tobacco purchases within the proceeding three months. The City Comptroller may appoint someone to affix the stamps; it is forbidden to alter or forge any tax stamp. The Act provides several remedies if the tax is not paid including: seizing cigarettes, bringing legal action, or revoking all tobacco dealer licenses. The Act provides for $50 to $300 fines for the first offense, $50 to $500 fines for the second offense, and incarceration for not more than three months for the third offense (Chicago, IL., Code Sections 178.1-l to 178.1-14 (1982)). Los Angeles, Callfornb A tax of two mills ($.002) is imposed per cigarette on all cigarettes sold within the city limits. Each retailer is required to obtain a Cigarette Tax Registration Certificate and to register with the City Comptroller who is responsible for col- lecting the tax from the retailer and for paying the collected tax to the city. Retailers are required to keep all necessary records for four years as proof. All delinquent tax payments are subject to interest and penalties, and the city may bring legal action to recover unpaid taxes from retailers or users. The Act provides a taxpayer with a means of obtaining a tax refund if the tax was overpaid, wrongly collected, or paid more than IV. Municipal Tobacco Taxation once (Los Angeles, CA., Code Section 21.8.1 to 21.8.11, Ord. No. 127,689 (1964)). Memphis, Tennessee A cigarette tax of 1 e is imposed on each pack of 20 cigarettes sold within the city (Memphis, TN., Code Section 36-41 to Section 36-52 (1967)). Each wholesaler must add the cigarette tax to each pack of cigarettes sold to retailers within the city. The retailer in turn should charge the purchaser. The wholesaler must affix stamps to cigarettes showing tax pay- ment before delivery. City officials have access to all pertinent wholesaler records for determination and collection of the tax. The Act provides a refund on all unsalable stamps and provides an exemption for all cigarettes bought by military personnel on a military establishment. San Jose, Callfornla A tax of $.0015 (1 l/2 mills) is imposed on the sale of each cigarette within the city limits. All cigarette distributors (wholesalers) must register with the Director of Finance and must collect and pay the tax to the city. Wholesalers must keep comprehensive records of all cigarette distribution and retain the records for three years. The city is authorized to bring an action to collect the tax. The Act also authorizes harsh penal- ties for nonpayment of taxes, which increase in the amount based upon the length of time the tax is outstanding. Criminal sanctions of a $500 fine or imprisonment for not more than six months are authorized. The Act provides for a refund, if a tax, penalty, or interest is overpaid or wrongfully collected (San Jose, CA., Code Section 4.50.010 to Section 4.50.140 (1967)). 121 Washlngton, D.C. A tax of 85/l OOe is imposed on each cigarette sold within the city limits. Wholesalers, retailers, and vending machine operators are required to obtain licenses from the Mayor. Retailers are required to affix stamps to cigarette packages to evidence the tax payment. (All persons are prohibited from altering or counterfeiting stamps.) Further, all wholesalers, retailers, and vending machine operators must keep, main- tain, and preserve all relevant records and books. The Mayor is authorized to seize cigarettes, vending machines, and forged stamps for nonpayment of taxes. The Act also provides for penalties and interest for nonpayment. Certain cigarettes are exempt from the Act including: cigarettes sofd by the government, cigarettes possessed by licensed wholesalers for sale outside the District, cigarettes possessed by con- sumers, and cigarettes being legally transported within the District. Provision is made for refund of any tax, penalty, or interest wrongfully collected. Requirements for transporting cigarettes within the city limits are specified. (Washington, D.C., Code Section 47-2401 to Section 47-2418 (1982)). V. Regulation of Cigarette Sales to Minors Boston, Massachusetts ft is prohibited for any person, except at full retail price, to distribute in or upon any part of the streets, parks, public grounds, public buildings, other public places within the City of Boston, any product containing tobacco or nontobacco cigarette products for any commercial purpose. Violation is punishable by a fine of $200 (City of Boston Code, Ordinan- ces, Title 14, Section 270A (1984)). Chlcago, llllnols ft is prohibited to sell cigarettes to any person under the age of 18 years and minors under the age of 18 years are prohibited from purchasing or accepting delivery of cigarettes. Sellers are required to post a warning to minors and to request identification from any person who appears to be less than 18 years of age. Minors are prohibited from misrepresenting their age to obtain cigarettes (Chicago, IL., Code Section 178-l 9.1 to Section 178-19.5 (1982)). ft is prohibited to sell cigarettes within 100 feet of schools (Chicago, IL., Code Section 178-18 (1982)). It is also prohibited to install a vending machine where minors are employed, unless the machine is under constant adult super- vision (Chicago, IL., Code Section 178-23 (1982)). Vending machine owners or operators are required to post a warning to minors of the illegality of purchasing cigarettes (Chicago, IL., Code Section 178-l 8 (1982)). Detrolt, Mlchlgan ft is prohibited to furnish cigarettes to minors and minors are prohibited from buying, receiving, possessing, or using cigarettes. Minors are also prohibited from misrepresenting their age to obtain cigarettes. It is prohibited to persuade, counsel, or advise any minor to smoke cigarettes (Detroit, MI., Code Section 11-3-l to Section 1 l-3-3 (1964)). Jacksonville, Florida ft is prohibited to sell, barter, give, exchange, or otherwise distribute any cigarette, cigar, pipe, cigarette rolling papers, tobacco, smoking herb, or any other smoking material, to any person under the age of 18 years. fgnorance or misrepresen- tation of the age of a recipient of any of the smoking materials shall not be a defense to a prosecution. Signs to this effect shall be prominently posted at all times (Jacksonville, FL., Code Section 480.111 (1983)). Violation shall be punishable by $500 fine, 90 days in jail, or both. Mlhwaukeo, Wlsconsln ft is prohibited to sell cigarettes to a minor under the age of 16 years, and illegal for any person to permit a minor to smoke on premises occupied by the person (Milwaukee, WI., Code Section 106-30 (1956)). San Dlego, Csllfornla R is illegal for any person underthe age of 18 years to possess or use tobacco (San Diego, CA., Code Article 8, Section 58.04 (1900)). Further, it is unlawful for any person to sell tobacco to a minor (San Diego, CA., Ord. No. 58 (1890)). San Jose,, $Zallfornla R is prohrbtted to maintain or operate a cigarette vending machine within 100 feet of a public playground or school (San Jose, CA., Code Section 6.70.110 (1960)). In places having vending machines, a responsible employee must supervise the use of the machine and ensure that it is not operated by minors (San Jose, CA., Code Section 6.70.120 (1960)). Weshlngton, D.C. lt is prohibited to sell cigarettes to any minor under the age of 16 years (Washington, D.C., Code Section 22-1120 (1891)). 122 Public Places 1 Buses, Streetcars. Trollevs 2 Cabs 3 Elevators 4 Government Burldrngs 5 GvmnasrumslArenas 6 Health Care Facrlrtres 7 Rotels 8 Librarres 9 Museums t0 Meetinas-Convention Halls II Posted Areas 12 Publrc Places 13 Restaurants 14 Restrooms _ _ _ _ _ 15 Retail/Grocery Stores 16 Schools 17 Theatres 18 Voting Places 19 Admrnistratwe Areas 20 Airports 2 I Churches 22 Banks 23 Child Care Faerlrtres 24 Warehouses & Factortes 123 Smoking in the Workplace 5 ,9 Emnlovee Smoklna Area 30 31 32 I~ _ _- - _ - - 34 Nonsmoking Arec "r .I- _-,-. _ _ I b0 od Faith Exceptron I HOI. . _ , _, _ _ IWOVS Fkwators. Slairways Lounges or Waitir 1g Rooms 33 Non Strrlcture Change Required I Required 53 lvotlce to tmplovees Required 36 Restrooms `rohlbited ds of N/S 37 Retallatlon P 38 Preference for Demon 39 slgl - 40 Ver %lation Pat-iltion Separation ; ,. 41 Wrl 42 Crimlna 1 --e A5 Medico A6 Limrted to OffiCeS 124 Drwers - -. Dusty Atmospheres Explosives. Trucks - Vessels Falmc A7 48 A9 SO 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Airports and Hongars Bakeries Combustible Fibers Dtsposal of Cigarettes FirefIghters Hotels Milk Products Near Fuel nil Tanks _.- - Parks Vehicle Accidents Vessels Warehouses. Garages, Shops Wharves. Sheds. PlerS Combustibles. generally Food Productsltstablishment Butldlngs under Constructlon Safety Regulations 125 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 94 Tobacco Taxation Refunds Reglstratlon and Permits Stamps Required lax Imposed Wholesalers Exempt Sale and Use by Minors II Age Misrepresentation Identificatcon Required Persuading, Counseling. Advwng I Possession Premises Owner 126 The following is a detailed explanation of legislation cited in the narrative section with letter and number codes for use with the charts accompanying that section. Baltimore, Maryland Al A53 A62 A63 A64 MD. Ann. Code Article 19, Section 142 (1963) Carrying a lighted, smoking instrument on a street car, trackless trolley, or bus is unlawful; violation is a mis- demeanor punishable by a $10 maximum fine for each violation. MD. Ann. Code Article 10, Section 62, Ord. No. 336 (1913) Prohibits smoking in or on cars containing explosives or in the vicinity of explosives, aboard vessels, cars, or barges. MD. Ann. Code Article 10, Bectlon 45 (1983) Prohibits smoking on any vessel or near a vessel unloading explosives. Violation is punishable by a fine of $5 to $25. MD. Ann. Code Article 10, Bectlon 45 (1983) Prohibits smoking in any warehouse on any wharf or pier. MD. Ann. Code Article 10, Section 45 (1983) Prohibits smoking on any wharf, shed, or pier. Boston, MaSSaChuS8ttS 83 84 B 10 Bll MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 38.01 to 30.06 (1979) Smoking is prohibited in passenger and freight elevators. MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.06 (1979) Smoking is restricted in public buildings and at public meetings. MA. Fire Prevention Cod., Ordinances, Chapter 28, Article 30, Bection 30.01 to 30.06 (1979) Smoking is prohibited in public halls, special halls, miscellaneous halls, and places of assembly. MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.08 (1979) Violation is punishable by a fine of not less than $10 nor more than $50. B 16 816 B 17 819 B 24 B 51 B63 B 64 MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.06 (1979) Smoking is prohibited in schools, colleges, and univer- sities. MA. City of Boston Code (CBC) Ordinances, Chapter 16, Title 2, Section 362 (1980) The Boston School Department shall institute an educational program in all junior and senior high schools in the city on the harmful effects of smoking. MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.06 (1979) Smoking is prohibited in theatres. MA. City of Boston Code, Ordinances, Title 14, Section 270A (1984) No person shall distribute except at full retail price, any product containing tobacco or nontobacco cigarette products for any commercial purpose in or upon any part of the streets, parks, or public grounds. MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.06 (1979) Smoking is prohibited in factories, workshops, mercan- tile establishments, and warehouses. MA. Ctty of Boston, Department of Heaith and Hospitals, Emergency Medical Service, Rules, Regulations, and Standard Operating Procedures 1.8.3.6. Department personnel are forbidden to smoke while engaged in patient care or while driving. MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.06 (1979) Smoking is prohibited in factories, workshops, mercan- tile establishments, and warehouses. MA. Fire Prevention Code, Ordinances, Chapter 28, Article 30, Section 30.01 to 30.06 (1979) Smoking is prohibited in factories, workshops, wharves, docks, and warehouses. 127 Chicago, Illinois Cl IL. Sat. Ch. 193, Section 193-7.10 (enacted 1955) (amended 1975) Prohibits smoking or carrying a lighted smoking instru- ment in any street car, elevated train, subway or any public conveyance holding more than seven pas- sengers. Violation is punishable by a fine of $50 to $300 for each offense. C3 IL. Stat. Ch. 193, Section 193-7.9 (enacted 1948) (amended 1975) Prohibits carrying or smoking a lighted cigarette on public elevators. Violation is punishable by a fine of $25 to $250 for each offense. c4 IL. Stat. Code Section 90-91(b) (1980) Cl5 Prohibits smoking in every institutional building except in the administration office on the first floor and in designated smoking rooms. IL. Stat. Code Section 193-7.9 (1948) Cl6 c 17 Prohibits smoking in any retail store in which more than 15 persons are employed. Areas set apart for sewing food or beverages, waiting rooms, restrooms, execu- tive offices, beauty parlors, and areas where merchan- dise is not exposed are excluded. Violation is punishable by a fine of $25 to $250. IL Code Sectlon 90-91(d) (1980) Prohibits smoking in schools. IL Code Sectlon 9G91 (c) (1980) Prohibits smoking in theaters except in smoking rooms. c 20 c 21 C56 IL. Coda Section 90-91 (d) (1980) Prohibits smoking in hangars. IL. Code Section 90-91 (d) (1960) Prohibits smoking in churches. IL. Coda Sectlon 9Cl-91 (a) (1960) Prohibits smoking in any "hazardous room." IL Coda Sectlon 92-56 prohibits smoking in any highly flammable material storage room. See also Section 129.14 and Section 172.19. C63 IL. Code Sectlon 90-91 (g) (1980) Prohibits smoking in any lumberyard or lumber storehouse. C65 C68 c 70 c 71 C 72 c73 C77 C80 IL. Code Section 90-91 (e) (1980) Prohibits smoking in any public assembly unit where combustible contents are kept. IL Code Sectlon 178.1-11(a) (1982) Provides that if any person fails to pay the tax, cor- porate counsel may bring an action for payment of the tax on behalf of the city. The mayor may revoke all city license of the tax evader (including tobacco dealers license). IL. Code SectIon 178.1-7 (1982) Provides that tobacco wholesalers must make an in- voice for each sale of cigarettes and provides that tobacco wholesalers must file a quarterly cigarette tax return showing all tobacco sales by him within the city and to persons outside the city. Section 178.1-2(b) provides that each tobacco wholesaler must purchase tax stamps from the comp- troller before delivery to the retailer. IL. Code Sectlon 178.1-8 (1982) Prohibits walking, altering, or forging any cigarette tax stamp with intent to defraud. IL. Code Section 178.1-l .4 (1982) Fine for first offense is $50 to $300, for second offense is $50 to $500 (within a 180 day period); third offense is a misdemeanor punishable by incarceration for not more than six months. IL. Code Sectlon 178.1-5 (1982) Provides that every retail tobacco dealer must file a sworn inventory of all cigarettes within his control within 10 days of the effective date of the ordinance. The inventory must be filed with the director of revenue and must be accompanied by a report showing all cigarette purchases within the preceeding three months. The retail dealer must then pay taxes on the unstamped cigarettes. IL. Code Section 178.1-7 (1982) Requires wholesale dealers to make a triplicate in- voice showing date of delivery, number of packages, and name of the purchase. IL. Code Sectlon 178.1-4 (1982) Provides that the city comptroller shall appoint some person (wholesaler) to affix tax stamps to any cigarettes under his control. 128 C 81 C65 C 87 c 91 c 93 c 94 c95 C96 IL. Code Section 178.1-2 (1982) Imposes a 1Oe tax on each 20 cigarettes. The wholesaler shall pay the comptroller, the retailer shall pay the wholesaler, and the purchaser shall pay the retailer. IL. Code Sectlon 178.1-l 2 (1982) The comptroller may seize any cigarettes and vending machine when tax on the cigarettes has not been paid, or stamps affixed. IL Code Section 176-19.1 (1982) Requires a seller to request identification from any person he believes or has reason to believe is under 18 years of age. Repeated or knowing failure to re- quest identification will result in revocation of tobacco sales license. IL. Code Section 178-l 9 (1982) Prohibits the sale of cigarettes to any minor under 18 years of age. Section 178:18 prohibits any person from selling cigarettes within 100 feet of any school. IL. Code Section 178-l 9.2 (1982) Requires every seller of tobacco products to post a warning stating that persons under 18 years of age are subject to a $500 fine for purchasing cigarettes or for misrepresenting their age. IL Code Section 178-23 (1982) Provides that no cigarette vending machine shall be installed where minors under 18 years of age are employed unlessthe machine is under constant super- vision by a responsible adult. Further provides that each vending machine must exhibit a sign stating that it is unlawful to sell cigarettes to anyone under 18 years of age. IL Code Sectlon 178-19 (1982) Prohibits minors under 18 years of age from purchas- ing or accepting delivery of cigarettes. Violation is punishable by a fine of $50 to $500. IL Code Sectbn 178-19.3 (1982) Prohibits minors from misrepresenting their age, or from using another's identification card, for the pur- pose of obtaining cigarettes. Columbus, Ohio D15 OH. Code Section 81, Ord. No. 23748 (1919) Prohibits smoking in retail stores employing 25 or more persons or designed to accommodate 200 or more persons. Restrooms are excluded. D 17 OH. Code Section 1016 (Code of 1919) Prohibits smoking in theaters, halls, auditoriums, and public buildings. Violation is punishable by a fine of $5 to $500. D65 Columbus, Ohio, City Bulletin (July 26,198O) Prohibits smoking in public theaters and auditoriums. OH. Code Section 18.42, Ord. No. 215-42 (1942) Prohibits smoking in any rooms used for dry cleaning. Dallas, Texas El E2 E3 E4 E6 E8 TX. Code Sectlon 41-2(a)(6) (1985) Prohibits smoking in any transit system vehicle. Viola- tion is punishable by a fine of $25 to $200. TX. Code Sectlon 41-2(a)(6) (1985) Prohibits smoking in any transit system vehicle. Viola- tion is punishable by a fine of $25 to $200. TX. Code Sectlon 41-2(a)(l) (1985) Prohibits smoking in any public elevator. Violation is punishable by a fine of $25 to $200. TX. Code Sectlon 41-2(a)(3) (1985) Prohibits smoking in any conference room, meeting room, or public service facility owned, operated, or managed by the city. Love Field, Dallas Convention Center, Reunion Arena, concert halls, cultural facilities, and common areas of city-owned theaters are excluded. TX. Code Section 4%2(c)(l 812) (1985) Gives hospital patients the right to choose whether to be in a no smoking room. Requires employees or visitors to obtain express approval from a patient before smoking in the patient's room. TX. Code Section 41-2(a)(b) (1985) Prohibits smoking in libraries. 129 E9 El0 El1 El2 El3 El5 El6 El7 E 27 E 33 TX. Code Sectlon 41-2(a)(6) (1985) Prohibits smoking in museums. TX. Code Sectlon 41-2(a)(3) (1985) Prohibits smoking in conference rooms and meeting rooms. TX. Code Sectlon 41-2(a)(5) (1985) Prohibits smoking in any area posted by the owner of a hospital, nursing home, retail establishment, or ser- vice establishment. TX. Code Section 41-2 (1985) Specifies the areas where publicsmoking is prohibited in Dallas. TX. Code Sectlon 41-4 (1985) Food product establishments must have separate smoking and nonsmoking areas. The areas must be separated by four feet of space. The areas must be adequately ventilated. All non-dining areas of res- taurants must be designated as nonsmoking areas. Establishments seating less than 50 persons; estab- lishments with gross sales of alcohol of greater than 70 percent; and a separated bar area of a food products establishment are excepted. Violation is punishable by fines of $25 to $250. TX. Code Section 41-2(a)(4) (1985) Prohibits smoking in retail or service establishments serving the general public including grocery stores, department stores, and drug stores. Love Field, Dallas Convention Center, Reunion Arena, and common areas of theaters, concert halls, cultural facilites, and common areas of city-owned theaters are excepted. TX. Code Sectlon 41-2(a)(6) (1985) Prohibits smoking in public, primary, or secondary schools. Violation is punishable by fines of $25 to $250. TX. Code Sectlon 41-2(a)(6) (1985) Prohibits smoking in enclosed theaters. Violation is punishable by fines of $25 to $250. TX. Code Section 41-6(1)(D) (1987) Provides that the employer must establish a procedure for addressing 8mpby88 CCmphintS. TX. Code Sectlon 41-6(l)(c) (1987) Provides that the employer need use only existing structural barriers and ventilation system. E34 E 37 E39 E40 E 41 E42 E 57 E66 TX. Code Sectlon 41-6(l)(c) (1987) Provides that the employer shall designate a non- smoking area to minimize nonsmokers involuntary ex- posure to second-hand smoke. TX. Code Sectlon 41-6(3) (1987) Prohibits an employer from discharging, retailing, or discriminating against an employee who: 1) files a complaint or institutes a proceeding; 2) testifies in an instituted procedure; or 3) exercises a right given by this chapter. TX. Code SectIon 41-6(2) (1987) Provides that conspicuous signs must be posted in a nonsmoking area. TX. Code Sectlon 41-6(l)(c) (1987) Requires nonsmoking areas to be created using the existing structural barriers and ventilation. TX. Code Section 41-6(l) (1987) Provides that employers implement a written smoking policy that protects nonsmokers from second-hand smoke. TX. Code Sectlon 41 .l (1987) Violation is punishable by a fine of $50 to $500. TX. Code Section 26-7 (Item 20~) (1961) Prohibits the us8 of tobacco by any person engaged in processing milk or milk products. TX. Code Se&Ion 17-3.3(b) (1985) Prohibits persons who work in food product estab- lishmentsfrom smoking. (While preparing food or while occupying an area used for food preparation). Detroit, Michigan F3 Ml. Code Sect/on 193-96 (1979). Prohibits smoking in any elevator within the City of D8trOit. F 49 MI. Code Section 19-3-47(2) (1979) Prohibits smoking in any area where combustible fibers are stored. F 52 MI. Code Section 19-3-47(3) (1979) Prohibits smoking in areas containing dust producing or dust-agitating operations. 130 F56 F86 F 89 F 91 F 92 F 96 Ml. Code Section 44-2-B (1964) Prohibits using a cigarette or cigar to set fire to any furnishings in a hotel. Ml. Code Section 11-3-l (1964) Prohibits any person from persuading, counseling, or advising any minor to smoke cigarettes. First offense is punishable by a fine not to exceed $25 or imprison- ment not to exceed 30 days. The second offense is punishable by a fine not to exceed $100 or imprison- ment not to exceed 60 days. Ml. Code Section 11-3-3 (1964) Makes it unlawful for any minor to buy, receive, or possess cigarettes. Ml. Code Section 11-3-l (1964) Prohibits any person from selling, furnishing, or giving away cigarettes to minors. MI. Code Section 11-3-3 (1964) Prohibits minors from using cigarettes. MI. Code Section 11-3-2 (1964) Prohibits any minor from misrepresenting his age to obtain cigarettes. Houston, Texas Gl TX. Code Sectbn 21-237(a) (1986) Prohibits smoking in public places including vehicles of public transportation such as trains, buses, or fer- ries. (See Section 21-236). Taxicabs and limosines are exduded. G 3 TX. Code Sectbn 21-237(a) (1986) Prohibits smoking in public places including elevators. (See Section 21-236). G 4 TX. Code Sectlon 21-237(a) (1986) Prohibits smoking in public places including governmental facilities. (See Section 21-236). G 5 TX. Code Section 21-237(a) (1996) Prohibits smoking in public places including gym- nasiums, Concert halls, and auditoriums. (See Section 21-236). G 6 TX. Code Sectbn 21-237(a) (1986) Prohibits smoking in public places including health care facilities, i.e., hospitals, nursing homes, doctors' and dentists offices, and laboratories. (See Section 21-236). Lobbies and reception areas are excluded. 131 G7 G8 GB GlO G12 G13 G 14 G 15 G16 G17 G 20 TX. Code Section 21-237(a) (1986) Prohibits smoking in public places including hotels and motels. (See Section 21-236). Hotel and motel sleep- ing rooms rented to guests are excluded. TX. Code Sectlon 21-237(a) (1966) Prohibits smoking in public places including libraries. (Se8 Section 21-236). TX. Code Se&on 21-237(a) (1966) Prohibits smoking in public places including museums and art galleries. (See Section 21-236). TX. Code Sectlon 21-237(a) (1986) Prohibits smoking in public places including meeting rooms and convention centers. (See Section 21-236). The Convention center exhibition area is excluded. TX. Code Section 21-237(a) (1986) Institutes a general prohibition on smoking in public places. (Se8 other Summaries for details). TX. Code Sectlon 21-237(a) (1986) Prohibits smoking in public places including res- taurants (prohibition applies to all commercial estab- lishments). (See Section 21-236). Lounge bar, restaurant bar, and restaurants with a seating capacity of less than 50 persons are excepted. TX. Code Section 21-237(a) (1986) Prohibits smoking in public places including restrooms. (See Section 21-236). TX. Code Sectlon 21-237(a) (1966) Prohibits smoking in public places including retail establishments. (Applies to all commercial establishments). (Se8 Section 21-236). Tobacco specialty retail shops are excluded. TX. Code Section 21-237(a) (1986) Prohibits smoking in public places induding education- al facilities. (See Section 21-236). (Applies to day car8 through colleges). TX. Code Se&on 21-237(a) (1966) Prohibits smoking in public pIaCes including theaters. (See Section 21-236). Lobbies are eXCepted. TX. Code Sectlon 21-237(a) (1986) Prohibits smoking in public places including airports. (See Section 21-236). G 41 TX. Code Sectbn 21-239, Ord. No. 86-1311, Sectbn 2 (1986) Requires 8mpby8fS to implement and maintain a writ- ten smoking policy to accommodate the desires of Smokers and nonsmokers. G 51 TX. Code Sectlon 46-147 Prohibits drivers of suburban buses from smoking. G 59 TX. Code Section 3166 Provides for no-smoking signs to be placed on each oil well, storage tank, or batt8ry of tanks within the city limits. G 61 TX. Code S&Ion 8-l 89 Prohibits any person from igniting a match, lighter, or flammable object within 50 feet of a Vehicle accident. Indianapolis, Indiana Hl H3 H4 H6 H7 HlO H12 IN. Code Sectlon 12-l 26(c) (1972) Prohibits smoking in any streetcar, bus, elevator, or public conveyance; taxicabs are excepted. IN. Code Section 12-l 26(c) (1972) Prohibits smoking in elevators. IN. Code Sectbn 20-203 (1987) Prohibits smoking in any local government building in all public service areas (any room, corridor, orconfined area where the public is required to direct or transact business with local government officials). IN. Code Section 12-l 26(d)(2) (1972) Prohibits smoking in bed in a hospital. IN. Code Sectbn 12-l 26(d)(2) (1972) Prohibits smoking in bed in a hotel. IN. Code Sectbn 20-204 (1987) Prohibits smoking in any public assembly area of any local government building, except in designated smok- ing areas (any room regularly used for public meetings conducted by officials of Indianapolis). IN. Code S&Ion 20-201 (1987) Generally restricts smoking in certain public buildings. (sp8Cifb restrictions on Other summaries.) H15 H16 H 51 H 52 H 53 H54 H 58 H 65 IN. Code Sectlon 12-l 26(b)(l) (1972) Prohibits smoking in retail selling establishments. IN. Code Sectlon 12-l 26(b)(3) (1972) Prohibits smoking in all `Educational Occupancies" (no definition provided for th8Se terms in the ordinance). IN. Code Section 12-246(b) (1972) Prohibits smoking by any person in Charge of aVehbl8 containing explosives. IN. Code Section 12-l 96(3) (1972) Prohibits smoking in rooms containing a dusty atmos- phere. IN. Code Se&on 12-240(a) (1972) Prohibits any person in charge of a vehicle containing explosives from smoking. Section 12-246 prohibits smoking while handling 8XpbSiVeS. IN. Code Sectbn 12-432 (1972) Prohibits smoking in rooms where film is stored or handled. IN. Code Section 12-378 (1972) Prohibitssmoking in roomswhereflammable materials are kept. IN. Code Sectlon 12-310 (1982) Prohibits smoking in any area used for the storage of flammable finishes or in any finishing room. Section 12-378 prohibits smoking in all buildings that contain flammable liquids. Jackonsville, Florida 15 18 I 11 Jacksonville, FL., Code Sectlon 614.125, Supp. 4 (1 QW Smoking is prohibited in the Veterans Memorial Coliseum except in restrooms and designated smok- ing areas, Jacksonville, FL., Code Sectlon 614.125, Supp. 4 (1983) Smoking is prohibited in public libraries. Jacksonville, FL, Code Section 447.202 (1983) Smoking is prohibited in places of assembly where the Fir8 Marshall d88mS it a public hazard, smoking is alsO prohibited. In such cases, regulation signs must be posted marking the ar8a nonsmoking. 132 I 17 Jacksonvlll8, FL., Code Section 614.125, Supp. 4 (1983) Smoking is allowed by performers as part of a theatri- cal production or during private gatherings or affairs not open to the general public. Violation is punishable by a fin8 not more than $25, imprisonment for up to 10 days, or both. I 24 Jacksonville, FL, Code Sectlon 447.202 (1983) Smoking is prohibited in any area where conditions are such as to make smoking a hazard such as any areas of warehouses, stores, industrial plants, institutions, or places where combustible materials are stored or handled. I 50 Jacksonville, FL, Code Sectlon 446.114 (1983) Where smoking is permitted, there shall be provided suitable, noncombustible ash trays or match receivers. I 51 Jacksonville, FL., Code Section 431.107 (h) (1983) No person shall smoke, carry matches, or any Other flame producing device while in or near a vehicle transporting explosives. I 52 Jacksonville, FL., Code Section 434.103 & Section 441.103 (1983) Smoking is prohibited in any room containing a dusty atmosphere, such as lumberyards and woodworking plants. 153 Jacksonville, FL., Code Sectlon 431.106, S&Ion I56 431 .107, Sectlon 431.109, Sectlon 435.914, & 159 Section 431 .112 (1983) Smoking is prohibited in the area of explosives and facilities for mixing blasting agents, and in or near a vehicle transporting explosives. I 63 Jacksonville, FL, Code Sectlon 447.202 (1983) Smoking is prohibited in any area where conditions are such as to make smoking a hazard such as any areas of war8hous8s, stores, industrial plants, institutions, or places where combustible materials are stored or handled. I64 Jacksonville, FL, Code Sectlon 447.202 (1983) Smoking is prohibited in any area where conditions are such as to make smoking a hazard i.e., any areas of piers. wharves, sheds, warehouses, stores, industrial plants, institutions, or places where combustible materials are Stored or handled. I 65 Jacksonville, FL., Code S&Ion 434.103 & 435.607 (1983) Smoking is prohibited in any room where flammable materials are kept. Smoking is prohibited in finishing rooms or any area used for the storage of flammable finishes. I 67 Jacksonville, FL, Code Section 447.202 (1983) Smoking is prohibited in any area where conditions are such as to make smoking a hazard such as any areas of industrial plants, institutions, and buildings under construction. I 86 Jacksonville, FL, Code Sectlon 486.111 (1983) lt is prohibited to sell, barter, give, exchange or other- wise distribute any cigarette, cigar, pipe, cigarette roll- ing papers, tobacco, smoking herb, or any other smoking material, to any person under the age of 18 years. Ignorance or miSrepr8S8ntatiOn of the age of a recipient of any of the smoking materials shall not be a defense to a prosecution. I 90 Jacksonvlile, FL, Code Sectlon 488.111 (1983) I 91 ft is prohibited to sell, barter, give, exchange, or Other- wise distribute any cigarette, cigar, pipe, cigarette roll- ing papers, tobacco, smoking herb, or any other smoking material, to any person under th8 age of 18 years. lgnOrariC8 or misrepresentation Of th8 age Of a recipient of any of the smoking materials shall not b8 a defense to a prosecution. I B3 Jacksonville, FL, Code Section 488.111 (1983) Signs reflecting the sale and use of tobacco products to minors shall be prominently posted at all times. Violation shall be punishable by $500 fine, 90 days in jail, or both. Los Angeles, California 55 J6 J8 J 10 Los Angeles, CA. Ordinance 162989 (approved 1987) (amending Section 41.50 of Los Angeles, CA., Code) Prohibits smoking in public arenas, gymnasiums, or other building designed for observing sports events. Lobbies are excepted. Los Angeles, CA. Code Section 41.50 (as amended by Ord. No. 159498 (1984)) Prohibits smoking in health care facilities open to visitors. Enclosed awas, set aside and designated as smoking areas are excepted. Los Angeles, CA. Code Section 41.50 (as amended by Ord. 162989 (1987)) Prohibits smoking in indoor areas of public libraries. Los Angeles, CA. Code Section 41.50 (as amended by Ord. 159498, (1984)) Prohibits smoking in meeting and assembly places open to the general public as participants or 133 J12 J 13 515 J16 J 17 J 18 J 20 J 23 J 25 spectators. A smoking area permitted by the statute is excepted. CA. Code Sectlon 41.50 (1984) Institutes a general prohibition on public smoking in specified areas. (See other summaries for details). CA. Code Sectlon 41.50 (as amended by Old. 162989 (1987)) Prohibits smoking in certain areas of restaurants having a seating capacity of greater than 50 parsons. Bars and rooms being used for private functions are excluded. CA. Code Sectlon 41.50 (as amended by Old. 159498 (1984)) Prohibits smoking in any retail food marketing estab- lishments including grocery stores and supermarkets. Areas set aside for serving food and drink, restrooms, offices, and areas not open to the public are excepted. CA. Code Sectlon 41.50 (as amended by Ord. 162989 (1987)) Prohibits smoking in areas of private elementary and private secondary schools normally occupied by children. CA. Code Sectlon 41.50 (as amended by Ord. 162989 (1987)) Prohibits smoking in any building open to the public for the primary purpose of exhibiting any motion picture, stage production, musical recital, or other event open to public spectators. CA. Code Sectlon 41.50 (as amended by Ord. 162989 (1987)) Prohibits smoking in any indoor polling place. CA. Code Sectlon 41.50 (as amended by Ord. 162989 (1987)) Prohibits smoking in any airport, train, and bus depot, waiting areas or ticket lines. CA. Code Sectlon 41.50 (as amended by Ord. 162989 (1987)) Prohibits smoking in any private day care facility or any private residences licensed as a private day care facility. CA. Code Section 41.50 (amended by Ord. No. 159, 498 (1984)) Provides for nonsmoking areas of not less than two- thirds of the seating capacity or floor space of cafeterias and lunchroo,ms. J 27 J 30 J 32 J 33 J 34 J 35 J 36 J 39 J 41 CA. Code Section 41.50 (enacted by Old. 159,498 (19W) The employer must provide a statement that, in any dispute arising between smokers and nonsmokers, an effort will be made to accommodate the desires of both parties. CA. Code Sectlon 41 SO (amended by Ord. 159,498 (1 W) Provides that an employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking shall ba deemed in com- pliance with the act. Designating the entire workplace as a smoking area is excepted. CA. Code Sectlon 41 SO (amended by Ord. 159,498 (19W) Provides that a minimum of two-thirdsof a lounge must be a nonsmoking area. CA. Code Sectlon 41.50 (amended by Ord. 159,498 (1 W) An employer need not incur any expense to make structural or physical modifications in providing smok- ing areas. CA. Code Sectlon 41 SO (amended by Ord. 159,498 (1 WI Institutes a general requirement that certain areas of the workplace be designated as nonsmoking areas. CA. Code Sectlon 41.50 (amended by Ord. 159,498 (1 W) Requires that the employer communicate the smoking policy to employees within three weeks after date of adoption, and to future employees at the time of entry into employment. CA. Code Sectlon 41.50 (amended by Ord. 159,498 (1 fw) Prohibits smoking in restrooms in the workplace. CA, Code Sectlon 41.50 (amended by Ord. 159,498 (1-w Requires the employer to post no-smoking signs in nonsmoking areas. CA. Code Sectlon 41.50 (amended by Ord. 159,498 (1 gw Requires employers to adopt, implement, and maintain a written smoking policy containing minimum require- ments (listed in other summaries). 134 J 42 J 45 J 58 J 68 J 69 J 76 577 J 78 J 79 J 81 CA. Code Section 41.50 (amended by Ord. 159,498 (1964)) An employerwhofailsto adopt asmoking policyorwho fails to post signs in any area designated under this Attici as a nonsmoking area shall be in violation of this Article. Violation is punishable as a misdemeanor. CA. Code Section 41.50 (amended by Ord. 159,498 (1-w Prohibits smoking in nurses aid stations or other similar facilities for treatment of employees. CA. Code Sectlon 57.100.37 Prohibits smoking in any public garage or on auto fueling station premises. CA. Code Sectlon 21.8.11 (1964) Provides that the city may recover unpaid tax from any user or retailer of cigarettes who has not complied with the ordinance. CA. Code Sectlon 21.8.3 (1964) Provides that the retailer shall collect the tax from the purchaser at the time of purchase. The retailer is then liable to the city for the amount collected. CA. Code Sectlon 21.8.6 (1964) Provides that delinquent tax payments are subject to interest and penalties as provided in Section 21.05 for delinquency in payment of business tax. CA. Code Section 21.8.9 (1964) Provides that every retailer of cigarettes must keep all records necessary to determine the amount of the tax for a period of four years. The city clerk has the right to inspect the records. CA. Code Sectlon 21.8.10 (1984) Provides for a tax refund if the tax was overpaid, paid more than once, or wrongly collected. CA. Code Sectlon 21.8.5 (1964) Provides that each retailer must register with the city clerk and obtain a "Cigarette Tax Registration Certifi- cate." The certifiiate must state the retailer's name, address of the retailer's place of business, and the date the certificate was issued. The certificate must be posted in a conspicuous place. CA. Code Section 21.8.2 (1964) Provides that a tax is imposed on cigarettes in the city of Los Angeles in the amount of two mills per cigarette ($.002) from September 30, 1967. Memphis, Tennessee Kl K3 K5 K6 K7 KIO Kll K12 K13 K15 K16 K70 TN. Code Sectlon 20-25 (1986) Prohibits smoking on all Memphis Area Transit Authority buses. Violation is punishable by a fine of up to $50. TN. Code Sectlon 20-25 (1966) Prohibits smoking on all public elevators. Violation is punishable by a fine of up to $50. TN. Code Section 20-25 (1986) Prohibits smoking in Mid South Coliseum, the Auditorium South Hall, and the Dixon-Meyers Hall, and the Auditorium stage area. Lobbies are excepted. TN. Code Sectlon 20-25 (1986) Prohibits smoking in hospital lobbies and waiting rooms. TN. Code Section 20-25 (1986) Prohibits smoking in hotels. TN. Code Section 20-25 (1986) Prohibits smoking in Cook Convention Center. TN. Code Sectlon 20-25 (1966) Prohibits smoking in areas designated as nonsmoking areas in hospital lobbies and waiting rooms. IN. Code Sectlon 20-25 (1966) Institutes a general prohibition in certain public areas. (See other summaries for specific areas). TN. Code Sectlon 20-25 (1986) Prohibits smoking in all public and private restaurants. Restaurants with adequate nonsmoking areas, and rooms being used for private functions are excepted. TN. Code Section 20-25 (1986) Prohibits smoking in all enclosed public areas of any merchandising store with more than five employees. Owner may establish a smoking area in nonshopping areas; tobacco stores are excluded. TN.Code Section 20.25(1986) Prohibits smoking in theaters. TN. Code Sectlon 36-43 (1967) Provides that the wholesaler should add the cigarette tax for cigarettes sold by retailers within the city. The retailer should charge the tax paid to the consumer. 135 K75 K77 K78 K80 K 81 TN. Code Section 36-51 (1967) Exempts cigarettes bought by military personnel in any military establishment from taxation. TN. Code Section 36-49 (1967) Provides that city officials have access at all reasonable times to all records of wholesalers which are pertinent to determination and collection of the tax. TN. Code Sectlon 36-47 (1967) Provides a refund on unsellable stamps or for stamps on unsellable products. TN. Code Sectlon 36-46 (1967) Requires the wholesaler to affix stamps showing the tax payment on each pack of cigarettes before delivery to the retailer. TN. Code Sectlon 36-42 (1967) Provides for a cigarette tax of 1 e per 20 cigarette pack. Milwaukee, Wisconsin Ll L17 L90 L 91 L 94 WI. Code Sectlon 98-15 (1979) Prohibits smoking on a public bus operated by the City of Milwaukee. Violation is punishable by a fine of $10 to $50. WI. Code Sectlon 105-49 (1943) Prohibits smoking in theaters or motion picture theaters. Violation is punishable by a fine of $10. WI. Code Section lOS-SO(S) (1956) Makes it illegal for any person to permit a person under 16 years of age to use cigarettes in or upon premises occupied by him. Violation is punishable by a maxi- mum fine of $10 for the first offense and $35 for the second offense. WI. Code Section 106-30(2) (1956) Prohibits any person from selling cigarettes to any minor under 16 years of age. Violation is punishable by a fine of $25 to $100. WI. Code Sectlon 10630(4) (1956) The text was not included only a notice that the or- dinance was being renumbered. (The ordinance re- lates to cigarette vending decals and the sale of tobacco to minors). New York, New York Ml M2 M3 M5 M6 M7 M8 M9 NY. Code Sectlon 17-503 (a)1 (1988) Prohibits smoking in all public transportation facilities including ticketing, boarding, and waiting areas of depots. NY. Code Sectlon 17-503 (a)(2) (1988) Prohibits smoking on all public means of mass transportation, buses, subways, vans, and for-hire vehicles required to be licensed by the city, i.e., taxi cabs. NY. Code Sectlon 17-503 (a)(l5) (1988) Prohibits smoking on elevators. NY. Code Section 17-503 (a)(8) (1988) Prohibits smoking in concert halls and auditoriums. Adjacent areas designed for smoking are excepted so long as an area includes no more than 50 percent of the lobby. Section 17-503 (a)(lO) prohibits smoking in sports arenas (including bowling alleys). An adjacent area is excepted if area does not amount to over 50 percent of the lobby. This does not apply to the area in the bowling alley directly behind the scoring area. NY. Code Section 17-503 (a)(l2) (1988) Prohibits smoking in public health care facilities includ- ing hospitals, clinics, physical therapy facilities, con- valescent homes, and homes for the aged. Offices, lounges designed for smoking, and areas in dining rooms where smoking is not otherwise prohibited are excepted. NY. Code Section 17-503 (a)(6) (1988) Prohibits smoking in hotels and motels with 15 or more employees. Does not apply to private areas. Smoking area 25 feet from main desk is excepted so long as the smoking area does not include greaterthan 50 percent of the lobby. NY. Code Section 17-503 (a)(7) (1988) Prohibits smoking in libraries. NY. Code Sectlon 17-503 (a)(7) (1988) Prohibits smoking in museums and galleries. 136 M 10 NY. Code Section 17-503 (a)(9) (1988) Prohibits smoking in convention halls. Smoking may be permitted in a contiguous area so long as it con- stitutes no more than 50 percent of seating capacity or floor space; in continguous area so long as it con- stitutes no more than 50 percent of the lobby; and at conventions of private groups where persons par- ticipating are individually identified by the sponsor or organizer of the convention. Section 17-503 (a)(1 1) prohibits smoking in public meeting places when the meeting is conducted for educational, religious, recreational, or political pur- poses; private homes are excepted. M 12 NY. Code Section 17-503 (1988) Institutes a general prohibition against smoking in specified public places. (See individual summaries for specific places). M 13 NY. Code Section 17-503 (a)(5) (1988) Prohibits smoking in restaurants with a seating capacity of greater than 50. Bars and a contiguous smoking area that does not take up more than 50 percent of the seating capacity are excepted. Proprietor may exceed the 50 percent smoking maxi- mum by 10 percent if a party of greater than 6 request to be seated and the only available seats are in the nonsmoking section. M 14 NY. Code Section 17-503 (a)(3) (1988) Prohibits smoking in public restrooms. M 15 NY. Code Sectlon 17-503 (a)(4) (1988) Prohibits smoking in retail stores which accommodate more than 150 persons, or employ more than 15 people. Tobacco products retail stores are excepted. M 16 NY. Code Section 17-503 (a)(13), (14)(1988) Prohibits smoking in all pre-primary, primary, and secondary schools. Areas designated for smoking in employee dining areas, lounges, or administrative of- fices are excepted. Section 14 summary: prohibits smoking in all schools not covered in Section 13, such as colleges. Desig- nated employee smoking areas such as dining areas, lunchrooms, and lounges are excepted. Smoking areas in student dining areas or lounges are excepted provided that the area does not constitute more than 50 percent of the seating area or floor space. M 17 NY. Code Section 17-503 (a)(6) (1988) Prohibits smoking in theaters. Smoking area of less than 50 percent of the lobby is excepted. M 21 NY. Code Section 17-503 (a)(1 1) (1988) Prohibits smoking in places of public assembly when the meeting is being conducted for religious purposes. M 22 NY. Code Section 17-503 (a)(6) (1988) Prohibits smoking in business establishments employ- ing more than 15 employees including banks. M 25 NY. Code Section 17-504 (b)(5) (1988) Provides that nonsmoking areas of cafeterias and lunchrooms shall constitute at least 50 percent of seating capacity or floor space (whichever is greater). M 26 NY. Code Section 17-504 (b)(3) (1988) Prohibits smoking in auditoriums and classrooms. M 27 NY. Code Section 17-504 (b)(5) (1988) Provides for establishment of a procedure to resolve disputes caused by an employee's desire to work in a smoke-free environment. M 28 NY. Code Section 17-504 (b)(3) (1988) Prohibits smoking in conference rooms and meeting rooms (unless all present consent). M 29 NY. Code Section 17-504 (b)(l) (1988) Allows an employee to designate his or her work area as a nonsmoking area (not less than 8 feet from smoking area). M 31 NY. Code SectIon 17-504 (b)(3) (1988) Prohibits smoking in hallways and elevators. M 32 NY. Code Section 17-504 (b)(4) (1988) Requires that at least 50 percent of each employee lounge be designated as a nonsmoking area. M 34 NY. Code Section 17-504 (1988) Requires the establishment of certain nonsmoking areas in the workplace. (See other summaries for details). M 35 NY. Code SectIon 17-504 (1988) Requires an employer to furnish each employee with a copy of the smoking policy. M 36 NY. Code Section 17-504 (b)(3) (1988) Prohibits smoking in restrooms. 137 M37 M39 M41 M42 M 43 M44 M45 M50 M 53 M64 M66 NY. Code Sectlon 17-504 (b)(6) (1988) Prohibiis dismissal, demotion, suspension, discipli- nary action, or negative performance evaluation by employer against an employee who exercises any rights granted under the written smoking policy. NY. Code Section 17-506 (a) (1988) Provides for the posting of no-smoking signs in non- smoking areas. NY. Code Section 17-504 (b) (1988) Provides for implementation, adoption, and notice of a wriien smoking policy. NY. Code Sectlon 17-508 (1988) Violation of the code by an employer is punishable by the following civil penalties: a) the first violation com- mands a $100 maximum fine; b) the second violation within 12 months commands a $200 maximum fine; and c) the third violation within 12 months commands a $500 maximum fine. Violation of the code by an employee is punishable by a $50 maximum fine. NY. Code Section 17-504 (b) (1988) The act only applies to employers who have more than 15 employees. NY. Code Section 17-504 (b)(l) (1988) Smoking may be permitted in private, enclosed off ices, and areas occupied by employees who each request or fail toobject to the area being made a smoking area. NY. Code Sectlon 17-504 (b)(3) (1988) Prohibits smoking in employee medical facilities. NY. Code Sectlon Cl Q-l 65.0 (1976) Prohibits disposing of any cigarette within any building, boat, car, or common carrier except in ashtrays, or receptacles designed for ashes. NY. Code Sectlon Cl Q-l 68 (1976) Prohibits smoking on any vessel storing petroleum oil. NY. Code Sectlon Cl Q-l 68 (1976) Prohibits smoking in any warehouse, shed, dock, pier, bulkhead, or wharf. NY. Code Sectlon 81.27 (1981) Prohibits smoking in any room where food is prepared, processed, or packaged. Philadelphia, Pennsylvania Nl PA. Code Section 1 O-602 (enacted 1943,1947, and 1948) Prohibits smoking in any vehicle of public transporta- tion. N5 PA. Code Sectlon 10-602(l) (enacted 1943, 1947, and 1948) Prohibits smoking in any indoor place of public as- sembly having a capacity greater than 100 persons. N 15 PA. Code Section 10-602(l)(c) (enacted 1943,1947, and 1948) Prohibits smoking in any retail store which is designed to accommodate more than 30 persons or where more than 25 persons are employed. N 17 PA. Code Sectlon 10-602(l)(b)(enacted 1943,1947, and 1948) Prohibits smoking in any public assembly room having a capacity in excess of 100 persons. Phoenix, Arizona 01 d2 03 04 05 AZ. Code Section 23-105 (1986) Prohibits smoking on all public transportation vehicles and in all terminals (as defined in Section 23103). Violation is punishable by a fine of $25 to $100. AZ. Code Section 23-105 (1986) Prohibits smoking in all public places including taxi cabs (see Section 23-103). Violation is punishable by a fine of $25 to $100. AZ. Code Sectlon 23-l 05 (1986) Prohibits smoking in public elevators. Violation is punishable by a fine of $25 to $100. AZ. Code Sectlon 23-105 (1986) Prohibits smoking in all enclosed public buildings in- cluding government buildings. Violation is punishable by a fine of $25 to $100. AZ. Code Section 23-l 05 (1986) Prohibits smoking in auditoriums and indoor sports facilities. Violation is punishable by a fine of $25 to $100. 138 06 AZ. Code Sectlon 23-l 05 (1986) 07 AZ. Code Section 23-l 05 (1986) 0 11 012 013 AZ. Code Section 23-105 (1986) 014 AZ. Code Sectlon 23-105 (1986) Prohibits smoking in public places including public restrooms as specified in Section 23-l 03. Violation is punishable by a fine of $25 to $100. 015 AZ. Code Sectlon 23-l 05 (1986) Prohibits smoking in retail stores, grocery stores, and shopping malls. Violation is punishable by a fine of $25 to $100. 016 017 0 20 AZ. Code Section 23-l 05 (1986) Prohibits smoking in all public and private schools as specified in Section 23-l 03. AZ Code Section 23-l 05 (1986) Prohibits smoking in theaters as specified in Section 23-l 03. AZ Code Sectlon 23-l 05 (1986) Prohibits smoking in public places including offices of health care professionals and pharmacies (see Sec- tion 23-103). Violation is punishable by a fine of $25 to $100. Prohibits smoking in all hotel and motel public areas. Hotel and motel rooms rented to guests and public areas of hotels and motels that conspicuously post a notice that the hotel or motel does not provide a nonsmoking area are excluded. AZ. Code Article I 4-85, Ord. No. G-969, Sectlon 2 (1 QW Prohibits smoking in any place where smoking is specifically prohibited by signs. AZ. Code Section 23-l 05 (1986) Prohibits smoking in public places as specified in Section 23-103 (includes all enclosed buildings). Private residences, bars, pool halls, bowling alleys, private clubs, and recreational facilities are excepted. Prohibits smoking in public places including res- taurants as specified in Section 23-103. Violation is punishable by a fine of $25 to $100. Bars and public areas of restaurants that post a notice that no non- smoking area is provided are excepted. Prohibits smoking in airport service lines and airport waiting lounges as specified in Section 23-l 03. 0 22 AZ Code Sectlon 23-l 05 (1986) Prohibits smoking in financial institutions as specified in Section 23-l 03. Violation is punishable by a fine of $25 to $100. 0 23 AZ. Code Sectlon 23-l 05 (1986) Prohibits smoking in child care centers as specified in Section 23-l 03. Violation is punishable by a fine of $25 to $100. 0 26 AZ. Code Sectlon 23-106 (A)(l), Ord. No. G-2865 (1986) Prohibits smoking in auditoriums and classrooms. 0 28 AZ. Code Sectlon 23-106 (A)(l), Ord. No. G-2865 (1 QW Prohibits smoking in conference rooms and meeting rooms. 0 31 AZ. Code Sectlon 23-106 (A)(l), Ord. No. G-2865 (1 QW Prohibits smoking in hallways, stairways, and elevators. 0 32 AZ. Code Section 23-106 (A)(2), Ord. N. G-2865 (1 QW Provides for separate, nonsmoking areas of not less than l/2 of the total floor space or seating capacity of employee lounges. 0 33 AZ. Code Sectlon 23-106 (A)(3), Ord. No. G-2865 (1 QW Employers need not make any expenditures or struc- tural changes to accommodate the preferences of nonsmokers. 0 34 AZ. Code Sectlon 23-106 (A)(2), Ord. No. G-2865 (1 QW Provides for nonsmoking areas in specified areas (see other summaries). 0 35 AZ. Code Sectlon 23-106 (4)(b), Ord. No. G-2865 (1986) Provides that an employer must announce the non- smoking policy to all employees within 90 days. Employer must post the smoking policy in a con- spicuous area in the workplace. 0 38 AZ Code Section 23-106 (A)(l), Ord. No. G-2865 (1 QW Prohibits smoking in restrooms. 139 037 038 039 040 0 41 0 42 0 45 AZ. Code Section 23-107, Ord. No. G-2865 (1986) Prohibits the termination or discipline of employees as a result of acomplaint about smoking in the workplace. AZ. Code Section 23-108 (4)(a), Ord. No. G-2885 (1 QW Provides that if accommodation between smokers and nonsmokers can't be reached, the preference of non- smokers must prevail. AZ. Code Section 23-106 (4)(a), Ord. No. G-2865 (1 QW Requires the employer to post no smoking signs in nonsmoking areas and to provide signs to employees who wish to designate their areas as nonsmoking. AZ. Code Section 23-106 (A)(3), Ord. No. G-2865 (1 QW Requires an employer to use existing ventilation and partition to accommodate the preferences of smoking and nonsmoking employees. AZ. Code Sectlon 23-106 (A), Ord. No. G-2865 (1QW Requires employersto adopt, implement, and maintain a wriien smoking policy. AZ. Code Sectlon 23-106, Ord. No. G-2865 (1986) Violation of the act is a petty offense. Violation is punishable by a fine of $300 or less. AZ. Code Sectlon 23-106 (A)(l), Ord. No. G-2865 (1 QW Prohibits smoking in medical facilities. San Antonio, Texas Pl P2 P3 TX. Code Ch. 28.5, Section 2(a)(6), Ord. No. 62781 (1QW Prohibits smoking in bus and train facilities. First of- fense is punishable by a fine of $25 to $200; second offense, $50 to $500; third offense, $100 to $1000. Chartered buses are excepted. TX. Code Ch. 28.5, Section 2(a)(6), Ord. No. 62781 (1 QW Prohibits smoking in taxicabs. Taxicabs clearly desig- nated by the operator to permit smoking are excepted. TX. Code Ch. 28.5, Section 2(a)(l), Ord. No. 62781 (1QW Prohibits smoking on all public elevators. See P-l for fines. P4 P5 P8 PlO P12 P13 P15 P16 TX. Code Ch. 28.5, Sectlon 2(a)(3), Ord. No. 62781 (1 QW Prohibits smoking in any conference room, meeting room, or public service area of any facility owned, operated, or managed by the city. Conference rooms or meeting rooms not open to the public are excepted. TX. Code Ch. 28.5, Section 2(a)(4), Ord. No. 62781 (1 QW Prohibits smoking in concert halls and cultural facilities. TX. Code Ch. 28.5, Section 2(a)(2), Ord. No. 62781 (1 QW Prohibits smoking in a hospital or nursing home cor- ridor providing direct access to patients rooms. Section 2(c) provides that, in hospitals patients may choose to be placed in a nonsmoking room; employees or visitors must obtain express approval from all patients in a patient room prior to smoking. TX. Code Ch. 28.5, Sectlon 2(a)(3), Ord. No. 62781 VQW Prohibits smoking in city-owned conference rwms and meeting rooms. Conference rwms and meeting rwms not open to the public are excepted. TX. Code Ch. 28.5, SectIon 2, Ord. No. 62781 (1986) Prohibits smoking in certain public places (detailed in other summaries). TX. Code Ch. 28.5, Sectlon 3, Ord. No. 62781 (1986) Provides for separate smoking and nonsmoking areas in restaurants and food establishments. The smoking section must be separated from the nonsmoking sec- tion by four feet of space; it must be ventilated, desig- nated by signs, and have ash trays. Includes food order areas, food service and eating areas, and restrooms. Excludes restaurants which seat less than 50 patrons; establishments which have more than 70 percent gross sales in alcoholic beverages; and a physically separated bar area of a restaurant. TX. Code Ch. 28.5, Sectlon 2(a)(4), Ord. No. 62781 (1QW Prohibits smoking in all retail and service estab- lishments, including department stores, grocery stores, clothing stores, shoe stores, hardware stores, laundromats, hair salons, and barbershops. TX. Code Ch 28.5, Section 2(a)(6), Ord. No. 62781 (1986) Prohibits smoking in any facility of a public primary or secondary school. 140 P17 P20 P 22 P35 P39 P 41 P42 P47 P58 P66 TX. Code Ch. 28.5, Sectlon 2(a)(6), Ord. No. 62781 (1QW Prohibits smoking in all motion picture theaters. TX. Code Ch. 28.5, Sectlon 2(a)(4), Ord. No. 62781 (1 QW Prohibits smoking in airport facilities. TX. Code Ch. 28.5, Sectlon 2(a)(4), Ord. No. 62781 (1 QW Prohibits smoking in banks and savings and ban facilities. TX. Code Ch. 28.5, Sectlon 4, Ord. No. 62791(1986) The employer must make the smoking policy available for inspection by employees. TX. Code Ch. 28.5, Sectlon 4, Ord. No. 62791 (1986) Requires conspicuous display of signs prohibiting smoking. TX. Code Ch.,28.5, Section 4, Ord. No. 62791 (1986) Employers must implement a written policy conforming to the chapter. TX. Code Ch. 28.5, Sectlon 4, Ord. No. 62791(1986) First offense is punishable by a fine of $25 to $200; second offense, $50 to $500; and third offense, $100 to $1000. Workplace restrictions apply only when employer voluntarily designates an area of the workplace as nonsmoking. TX. Code Sectlon 3.61 (1987) Prohibits smoking in a hangar, shop, service station area, fuel storage place, or within 50 feet of refueling in an airport. TX. Code Section 3-113 (1984) Prohibits smoking within 50 feet of an airplane being refueled. TX. Ord. No 59746 (1984) (adopting Texas Depart- ment of Health Ruler on Food Sanitation) Section 301.73 p. 14 prohibits employees from smok- ing while engaged in food preparation or service or dishwashing. San Diego, California Q 1 CA. Code Section 45.0103-04 (1983) Prohibits smoking on public conveyances. Q3 04 08 08 Q9 010 Q12 a13 Q14 015 Q16 CA. Code Section 45.010394 (1983), Ord. No. 11459 (1974) Prohibits smoking on elevators. CA. Code Sectlon 45.0106, Ord. No. 11459 (1974) Makes the public smoking prohibition applicable to governmental and educational agencies within the city limits. CA. Code Sectlon 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in pharmacies and health facilities. Private hospital rooms and psychiatric facilities are excepted. CA. Code Sectlon 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in libraries. CA. Code Sectlon 45.0103-04 (1983), Ord. No, 11459 (1974) Prohibits smoking in museums and galleries. CA. Code Section 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in public assembly halls. CA. Code Sectlon 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in specified public places. Violation is punishable by a fine of $10 to $100. CA. Code Section 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in restaurants with a seating capacity of greater than 20 persons. Owner must in- form patrons that a no-smoking section is provided. Bars are excepted. CA. Code Section 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in public restrooms. CA. Code Section 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in retail stores, retail service estab- lishments, food markets, and retail food production establishments. CA. Code Sectlon 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in public places including education- al facilities (Section 45.0102). 141 Q17 Q 25 Q28 Q 30 Q32 Q 33 Q 34 Q 39 Q 40 Q42 Q44 CA. Code Sectlon 45.0103-04 (1983), Ord. No. 11459 (1974) Prohibits smoking in theaters. CA. Code Section 45.0103 (1983) Prohibits smoking in places of employment including cafeterias (see Section 45.0102). CA. Code Sectlon 45.0103 (1983) Prohibits smoking in places of employment including conference rwms (see Section 45.0102). CA. Code Section 45.0104 (1983) Provides that an employer who in good faith develops a policy of smoking and nonsmoking shall be deemed in compliance unless the policy designates the entire work area as a smoking area. CA. Code Section 45.0103 (1983) Prohibits smoking in the workplace, including employee lounges (see Section 45.0102). CA. Code Sectlon 45.0104 (1983) Provides that employers need not incur any expense to make structural or physical modifications. CA. Code Sectlon 45.0104 (1983) Provides that specific places be deemed nonsmoking sections. CA. Code Section 45.0105 (1983) Provides that signs must be posted to clearly mark a no-smoking area. CA. Code Sectlon 45.0104 (1983) Requires that employers use existing physical barriers and partitions to minimize the effects of cigarette smoke. CA. Code Section 45.0107 (1983) Violation of this Article is punishable by a fine of $10 to $100. Excludes private offices, motel and hotel meeting and assembly rooms rented to guests, areas and rwms while in use for private social functions, private hospital rooms, psychiatriifacilities, jails, bars, tobacco retail stores, and restaurants with a seating capacity of less than 20 persons. CA. Code Section 45.0107 (1983) Provides that no-smoking areas are not required in private off ices. Q47 Q63 Q64 065 Q67 Q 89 Q 91 092