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SCLD Update |
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| Other Topics in this Issue: Breast Cancer
Detection |
Tobacco-Use Reduction In 1997, 23 states passed legislation relating to youth access to tobacco products. Highlights of the states' measures follow. Major legislative themes during the year included provisions that: (1) penalize minors (in addition to tobacco products retailers) for violation of the state law, (2) restrict access to tobacco product vending machines, and (3) enable localities to enact ordinances more stringent than the state law. Alabama now prohibits: (1) persons under age 19, with certain exceptions, from purchasing, using, possessing, or transporting tobacco or tobacco products, and (2) the out-of-package sale of cigarettes or tobacco products, except for cigars, not in an original factory-wrapped container. Violators of the law, including minors, are subject to penalties. The state Alcoholic Beverage Control Board has enforcement authority and must promulgate rules and regulations that have the full force and effect of the law addressing specified provisions, including conducting annual random compliance tests using minors. Arkansas authorized the state Tobacco Control Board to inspect premises where tobacco products are distributed, stored, or sold, and to suspend or revoke permits of violators of the youth access to tobacco laws. The law does not preempt more restrictive local regulation of the manufacture, sale, storage, or distribution of tobacco products. In California, tobacco sellers and dealers must post at each point of purchase the notice required by the state Stop Tobacco Access to Kids Enforcement Act. Cigarette vending machines in Colorado may now be placed in an establishment only if the machine dispenses cigarettes through a device that enables an adult employee to prevent minors from obtaining cigarettes. Florida amended its youth access to tobacco law by prohibiting persons under age 18, with certain exceptions, from: (1) purchasing tobacco products, including from vending machines; (2) knowingly possessing tobacco products; or (3) misrepresenting their ages to obtain tobacco products. In addition, except for the sale of cigars and pipe tobacco and excluding establishments that prohibit persons under age 18 on the premises, the sale of tobacco products, including from vending machines, is prohibited with certain exceptions. The law also requires that dealers post specified signs and prohibits giving sample tobacco products to minors. Violators of the law, including minors, are subject to penalties. Hawaii passed a law permitting minors with parental authorization to participate in controlled purchases as part of a law enforcement activity or a study authorized by the state Department of Health to determine the incidence of tobacco sales to minors. Idaho rewrote its youth access to tobacco provisions by specifically prohibiting: (1) the sale or distribution of tobacco products or cigarette paper to persons under 18; (2) minors from purchasing, receiving, possessing, or using tobacco products or cigarette paper, with certain exceptions; and (3) the sale of cigarettes or smokeless tobacco not in a manufacturer=s unopened package bearing a federally required health warning label. Penalties, including incarceration, may be imposed for any violation of the law. Law enforcement agencies may conduct random, unannounced inspections to ensure compliance with the law. Sellers or distributors have a defense to prosecution in certain circumstances. The state Liquor Control Commission in Illinois may contract with appropriate Federal agencies to investigate tobacco vendors to determine compliance with Federal laws concerned with the illegal sale of cigarettes and smokeless tobacco. In Iowa, the sale of cigarettes or tobacco products through vending machines is now prohibited unless the machine is located in a place where the retailer ensures that no one under age 18 is present or permitted to enter at any time. Also, the enforcement provisions for minors who purchase, attempt to purchase, use, or possess tobacco products were expanded; such violations are now subject to graduated civil penalties. Louisiana twice amended its Prevention of Youth Access to Tobacco Law. New legislation further restricts youth access to tobacco by: (1) prohibiting the retail sale or service of tobacco products to persons under age 18 without proper identification; (2) prohibiting the sale of single cigarettes, packages containing fewer than 10 cigarettes, and any other cigarette or smokeless tobacco product unless in an unopened manufacturer's package that bears the health warning required by Federal law; (3) restricting vending machines to specified places; and (4) prohibiting persons under age 18 from possessing tobacco products, with certain exceptions. Violators of the law, including minors, are subject to penalties. The Maine legislature passed three measures concerning youth access to tobacco. The state now prohibits persons under age 18 from purchasing, possessing, or using cigarettes, cigarette paper, or any tobacco product. Tobacco product sales are subject to the following restrictions: (1) sellers are prohibited from selling tobacco products to any person under age 27 unless they first verify that person's age through reliable photo identification; (2) tobacco products must be sold only in direct, face-to-face exchanges; (3) sales through the mail must provide reliable verification that the purchaser is not a minor; (4) vending machines containing cigarettes or other tobacco products are restricted to specified areas; and (5) cigarettes in the original, sealed package may not contain fewer than 20 cigarettes. Violators of the first three restrictions are subject to civil penalties. In addition, Maine eliminated a previous prohibition against municipalities enacting ordinances and regulations regarding tobacco displays, product placement, and tobacco product sales hours. Minnesota expanded its tobacco sales to minors law by enacting the following restrictions: (1) selling single packages of cigarettes or smokeless tobacco in open displays that are accessible to the public without the intervention of a store employee is prohibited, and (2) only facilities that are inaccessible to persons under age 18 may sell tobacco products through vending machines. The state licensing authority is required to conduct annual, unannounced compliance checks using minors ages 15 to 17 who have prior written consent of a parent or guardian. The law does not preempt more restrictive local ordinances related to tobacco sales. Violators of the law, including minors, are subject to penalties. Mississippi passed the Juvenile Tobacco Access Prevention Act of 1997, which replaces the state's previous youth access law, except for the state preemption provisions. The new law prohibits: (1) the sale, barter, delivery, or gift of tobacco products to persons under 18; (2) vending machines that sell tobacco products unless the machine is located in an establishment where minors are denied access or are required to be accompanied by an adult; (3) the sale of tobacco products other than cigars and pipe tobacco unless in a manufacturer's sealed package bearing the required health warning; and (4) the purchase of tobacco products by persons under age 18. Retailers are required to post signs, advise employees of the law, and have employees sign an agreement of understanding and observance of the law. Law enforcement agencies of the state are authorized to conduct random, unannounced inspections to ensure compliance with the law. Violators of the law, including minors, are subject to penalties. The law also specifies several affirmative defenses. Montana now restricts the sale of tobacco products through vending machines to certain public places. New Hampshire amended its youth access to tobacco laws by prohibiting selling, giving, or furnishing tobacco products to minors under 18 years of age and requiring tobacco product retailers to request proof of age from prospective purchasers. Tobacco sales are now under the following restrictions: (1) the distribution of free tobacco products samples is restricted to specified public places; (2) the sale of cigarettes other than in the original package with the Surgeon General's warning is prohibited; (3) tobacco products vending machines, except those located in places inaccessible to minors, must be equipped with lock-out devices allowing only single sales when activated; and (4) vending machine operators are required to request proof of age and to post signs informing customers of the law regarding sales to minors. An enforcement authority and penalties for violators of the law are now specified. The law does not preempt local governments from adopting more stringent measures than the state law, except in the case of vending machines. In addition, the law provides a defense to prosecution in certain instances. New York passed two laws that require the state Commissioner of Health to: (1) develop and implement a program to reduce the prevalence of tobacco use, particularly among minors, and to support the enforcement of the state's youth access to tobacco law; and (2) evaluate the effectiveness of state and local government efforts, including education and cessation programs to reduce tobacco use among minors. The North Carolina tobacco access by minors law was amended by: (1) requiring tobacco product retailers to post specified signs and train employees about the law; (2) prohibiting aiding minors to purchase, acquire, or receive tobacco products or cigarette wrapping papers; (3) prohibiting minors from presenting false identification; and (4) restricting vending machines to specified locations. Violators of the law, including minors, are subject to penalties. The law also includes affirmative defense provisions for vending machine operators. Oklahoma amended the Prevention of Youth Access to Tobacco Act by increasing the penalties for certain violations of the law. Also, sellers and distributors are no longer required to demand proof of age from a person who has previously produced such proof. South Dakota modified its restrictions on the placement of tobacco product vending machines. Texas expanded its youth access to tobacco law by prohibiting: (1) persons under age 18, with certain exceptions, from possessing, purchasing, consuming, or accepting cigarettes or tobacco products or from presenting fraudulent proof of age; (2) selling or giving cigarettes or tobacco products to persons under age 27, unless the person presents valid photo identification; (3) the distribution of free cigarette or tobacco product samples or coupons to persons under age 18; (4) the use of coupons to obtain free or discounted cigarettes through the mail; and (5) retailers or other persons from installing or maintaining cigarette or tobacco products vending machines or offering for sale cigarettes or tobacco products without vendor assistance, with certain exceptions. The law also requires retailers to train, supervise, and inform employees about the law and to ensure that employees sign a form indicating their understanding of and agreement to comply with the law. Violators of the law, including minors, are subject to penalties. The law also provides a defense to prosecution in certain instances. The state Comptroller of Public Accounts is responsible for ensuring compliance with the Synar Amendment (42 U.S.C. 300x-26) by conducting at least annually, random, unannounced inspections. The state law does not preempt local regulation of the sale, distribution, or use of cigarettes or tobacco products that are equal to or more stringent than state law. Vermont passed a law that places the following restrictions on tobacco product sales: (1) selling or providing tobacco products to any person under age 18 is prohibited; (2) persons under age 18 may not possess tobacco products, with certain exceptions; (3) tobacco product vending machines are restricted to specified commercial establishments; and (4) beginning January 1, 1999, tobacco licensees cannot display or store tobacco products in places that are accessible to consumers without direct assistance by the sales personnel and with certain exceptions. On January 1, 2001, tobacco products vending machines will be prohibited, subject to receiving any necessary exemption from preemption from the U. S. Food and Drug Administration. Violators of the law, including minors, are subject to penalties. The state Department of Liquor Control now has enforcement authority and must conduct compliance tests. The law also requires the state Board of Education to develop and distribute to state school boards a model policy prohibiting the possession of tobacco products. The Virginia House and Senate passed identical measures increasing the civil penalties for violators of certain youth access to tobacco statutes. Clean Indoor Air In 1997, 13 states passed measures containing clean indoor air provisions. The provisions mainly focus on restricting smoking to designated areas in certain indoor places or government buildings, and establishing policies regarding smoking in schools or on school property. Multiple Public Places: Measures passed in six states—Indiana, Maine, Oklahoma, Texas, Utah, and West Virginia—addresses smoking in public places. In Indiana, smoking in paid police and firefighter stations is restricted to specified areas. The law also gives complete authority to regulate smoking within a state institution to the superintendent of that institution. Maine passed two laws. In the first law, child care areas in private residences and adjacent areas from which smoke could enter child care areas are considered public places where smoking must be restricted to designated areas. The second law requires the Chief of State Police to adopt rules concerning nonsmoking areas within beano or bingo game areas. A Texas law mandates that tobacco products used during work hours by employees of the state Department of Criminal Justice be restricted to designated areas. Utah now allows for the regulation of smoking in certain private residences, including condominiums and rental facilities. In West Virginia, the use or possession of tobacco products by inmates held in facilities operated by the state Regional Jail and Correctional Facility Authority is now prohibited. An Oklahoma resolution encourages restaurants to place salad bars, buffets, smorgasbords, or other common food service areas in designated nonsmoking areas. Government Buildings: Legislators in Arkansas and Massachusetts passed measures prohibiting smoking in certain government buildings, with exceptions. Two states - Alabama and Rhode Island - passed resolutions limiting smoking in their respective state houses. Schools: Four states—Arkansas, New Hampshire, Vermont, and Washington—enacted laws banning or restricting tobacco use on school property. In Arkansas, smoking and the use of tobacco or tobacco products in or on public school property (including school buses) is restricted to designated smoking areas. New Hampshire passed a law that bans the use of tobacco products in or on the grounds of any public educational facility. Violators are subject to penalties, and local governments may adopt more stringent measures than those imposed through state law. Vermont now requires each public school board to adopt policies prohibiting the possession and use of tobacco products by students at all times while under the supervision of school staff. The policies must require confiscation of the tobacco products and appropriate referrals to law enforcement authorities. In addition, the state of Washington now requires school districts to adopt written policies banning the use of all tobacco products on public school property. The policies must include sign posting, sanctions for students and school personnel in violation of the law, and enforcement by school district personnel. The sanctions adopted in the school board policies must be in addition to penalties imposed by the state's clean indoor air law. Excise Taxes During 1997, eight states enacted legislation related to tobacco excise taxes. Alaska, Hawaii, Illinois, Maine, New Hampshire, and Utah passed laws raising taxes on cigarettes. Alaska was the first state to raise its excise tax on cigarettes to $1.00 per pack (the tax previously was 29 cents per pack). The state also raised the tax on tobacco products other than cigarettes to 75 percent of the wholesale price. Hawaii's excise tax on cigarettes was raised to 80 cents, and will be $1.00, effective July 1, 1998. Illinois raised its tax to 58 cents per pack, while Maine doubled its cigarette tax from 37 cents to 74 cents per pack. New Hampshire increased its excise tax on cigarettes from 25 cents to 37 cents per pack and Utah's tax on cigarettes was increased by 25 cents, to 51.5 cents per pack. Both Maine and Utah dedicate a specified amount of the tax revenue to tobacco prevention and control activities. Arkansas' Breast Cancer Act of 1997 increased the excise tax on: (1) cigarettes from 31.5 to 34 cents per pack, and (2) tobacco products other than cigarettes from 23 to 25 percent of the wholesale price. A percentage of the additional tax revenue must be dedicated to breast cancer research and control, and the tax increases are not in effect during any fiscal year for which the state's General Assembly appropriates designated funds. [The state did appropriate sufficient funds for fiscal years 1997-98 and 1998-99; thus, the additional tax is not currently in effect.] In addition, Oregon extended a previously passed 10-cent cigarette tax through December 31, 1999. Vendor Licensure Legislators in five states - Alabama, Louisiana, Mississippi, Nevada, and New Hampshire - enacted legislation requiring permits for certain tobacco products. Alabama passed a law requiring specified distributors to obtain a permit from the state Alcoholic Beverage Control Board ("Board"). In addition, any person who maintains a tobacco products vending machine must obtain a permit for each machine at each location. The Board may levy penalties, including possible permit suspension, for failure to obtain a license, and for any violation related to the manufacture, sale, possession, or transportation of tobacco products. Louisiana now requires persons selling cigarettes, cigars, or other tobacco products at retail, wholesale, or by vending machine to obtain a permit from the state Office of Alcohol and Tobacco Control for each place of business or vending machine. Violators are subject to penalties, including possible permit suspension or revocation. Mississippi passed a measure that includes retailers of tobacco products among those who must obtain a permit for each place of business from the state Tax Commission, as of February 1, 1998. In Nevada, wholesale and retail dealers of tobacco products, other than cigarettes, must now obtain a license from the state Department of Revenue. Violation of this requirement is a misdemeanor. New Hampshire now requires samplers (i.e., persons distributing free tobacco products for promotional purposes) to obtain a license from the state Commissioner of Revenue Administration. Also, the Maine legislature increased the penalties against distributors who possess or intend to sell cigarettes without a license. Tobacco Education Legislatures in four states—Florida, New York, Texas, and Vermont—approved bills providing for educational programs designed to curb tobacco use among minors. New York and Texas require their state health departments to create public awareness and education programs to inform minors of the health hazards of tobacco use. Furthermore, Texas also adopted two resolutions encouraging the state Department of Health to partner with the American Cancer Society and other organizations to ensure that tobacco prevention education and cessation programs help to reduce the economic and human toll of tobacco use on the citizens of the state. The Vermont Department of Education is now required to include the legal consequences of possessing tobacco products in its alcohol and drug abuse prevention curriculum and training programs, while Florida is now required to transfer to its Department of Education 80 percent of all penalties received for violation of the minors' access to tobacco law. The monies must be dedicated to teacher training and research, and to evaluation to reduce and prevent minors' use of tobacco products. The Pennsylvania legislature also passed a resolution recognizing the Kids Interacting Drug-Free Coalition and the Teen Anti-Drug Coalition as model organizations against tobacco and other drugs, and encouraging schools and school districts to adopt these models. Miscellaneous - Tobacco During 1997, 11 states passed measures related to various other tobacco topics, including advertising, product information, and product liability. California sought to require the R.J. Reynolds Tobacco Company to conduct 10 years of anti-smoking education for teenagers and to supply data on the consumption of their cigarettes by teenagers. Massachusetts passed a measure prohibiting investment of public pension funds in companies deriving more than 15 percent of their revenues from the sale of tobacco products. Utah adopted a resolution urging Congress to eliminate Federal subsidies, crop insurance, and technical assistance associated with producing tobacco. Advertising: Legislation enacted in four states—California, Nevada, Tennessee, and Texas—addressed tobacco products advertising. Both California and Texas prohibit tobacco product advertisements within 1,000 feet of schools or, in Texas, within 1,000 feet of churches. Violators are subject to penalties. Nevada and Tennessee prohibit school districts from authorizing on school buses commercial advertising related to tobacco products. Product Information: A law in Minnesota requires tobacco products manufacturers to report annually specified product ingredient information to the state Commissioner of Health. Texas now requires manufacturers to assign a nicotine yield rating to each cigarette or tobacco product distributed in the state. Product Liability: California passed a law specifying that tobacco manufacturers are not exempt from product liability actions, and there is no statutory bar to suits against them for tobacco-related personal injury, wrongful death, or other tort claims. Iowa enacted legislation earmarking proceeds derived from lawsuits against the tobacco industry to teenage tobacco-use reduction programs and to the state medical assistance program. Four states also adopted resolutions addressing tobacco product liability. California and Rhode Island adopted resolutions requesting that their state Attorneys General bring suit against tobacco companies for reimbursement of state Medicaid costs related to smoking illnesses. Delaware adopted a resolution calling for the Governor and other state officials to review lawsuits by other states to determine the advisability of the state pursuing its own. The Illinois House of Representatives adopted a resolution recommending that a portion of the proceeds from lawsuits and litigation against the tobacco industry be earmarked to pay for smoking cessation products. |
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