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SCLD Update |
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| Other Topics in this Issue: Breast Cancer
Detection |
Tobacco-Use Reduction An amendment in California (S.B. 198) removes the requirement that tobacco dealers post a copy of the minors' access to tobacco law in their places of business. Instead, tobacco sellers and dealers must post at each point of purchase the notice required by the previously enacted Stop Tobacco Access to Kids Enforcement Act. Louisiana passed two laws this quarter regarding youth access to tobacco. H.B. 76 amends the Prevention of Youth Access to Tobacco Law by prohibiting persons under the age of 18 from possessing any tobacco product unless: (1) accompanied by a parent, spouse, or legal guardian 21 years of age or older; (2) in private residences; or (3) as part of employment duties. Minors are subject to a fine of not more than $50 for each violation. The second Louisiana law, S.B. 1547, prohibits any person from selling or serving tobacco products at retail to any person under age 18 ("minor") unless a driver's license, selective service card, or other lawful identification establishes the age of the person as 18 or older and there is no reason to doubt the authenticity of the identification. The sale or delivery of tobacco products through vending machines is restricted to: (1) places that are inaccessible to minors or (2) facilities where the dealer ensures that no minor is present and the machine is located within the unobstructed line of sight of a dealer or dealer's employee. S.B. 1547 also prohibits 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. Any violation of this law, the previously enacted tobacco product samples provisions, or the Prevention of Youth Access to Tobacco Law may result in suspension or revocation of the dealer's permit. The Commissioner of the state Office of Alcohol and Tobacco Control may also impose graduated civil fines. See the additional summary of this law in the Tobacco-Use Reduction/Vendor Licensure section. New York passed two laws (A.B. 8654 and S.B. 5773) that require the Commissioner of Health to: (1) develop, plan, 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; (2) evaluate the effectiveness of state and local government efforts to reduce tobacco use among minors, including education and cessation programs; and (3) submit an interim tobacco control report by September 1, 1998, and annual reports thereafter by March 31. See the additional summary of these laws in the Tobacco-Use Reduction/Tobacco Education section. The North Carolina tobacco access by minors law is amended by S.B. 143, effective December 1, 1997. The term "knowingly" is removed from provisions regarding the sale, purchase, and distribution of tobacco products to minors. Tobacco product retailers are required to post specified signs near the point of sale and to train their sales employees in the requirements of the law. S.B. 143 also prohibits anyone from aiding a minor to (or attempt to) purchase, acquire, or receive tobacco products or cigarette wrapping papers. The law also amends the definition of "proof of age" to include a driver's license or other photographic identification that includes the bearer's date of birth. Minors are prohibited from presenting false identification when purchasing or receiving cigarette wrapping papers. Vending machines are restricted to locations: (1) that are inaccessible to minors; or (2) where the machines are under the continuous control of the owner or employee, can only be operated by these people, and are not accessible to the public when the establishment is closed. Vending machines located in establishments not meeting the requirements must be removed prior to December 1, 1997. Proof of age is required if there are reasonable grounds to believe that the prospective purchaser is under age 18. Proof that the vending machine operator demanded, was shown, and reasonably relied upon proof of age is a defense. Failure to post the required sign is an infraction subject to graduated fines. Any other violation of this law is considered a Class 2 misdemeanor. Clean Indoor Air With the enactment of Massachusetts S.B. 1848, smoking is prohibited, with certain exceptions, in the State House, any building owned by the state, or any place occupied by a state agency or department, including private offices. A resolution in Alabama (S.R. 42) mandates that smoking of tobacco products is not permitted in specified areas on the eighth floor of the State House, and that the Secretary of the Senate must enforce this smoking ban. Excise Taxes Hawaii's S.B. 927 increases the excise tax on cigarettes to 80 cents, effective September 1, 1997, and to $1, effective July 1, 1998. In Oregon, H.B. 2411 extends the 10-cent cigarette tax increase through December 31, 1999. In Louisiana, S.B. 1547 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 possible permit suspension, revocation, or refusal and/or imposition of graduated civil fines. Each day of business conducted without a valid permit constitutes a separate violation. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Access by Minors section. A law in Nevada (S.B. 464), requires that, effective December 31, 1997, wholesale and retail dealers of tobacco products, other than cigarettes, obtain a license from the state Department of Revenue. Retail dealers licensed to sell cigarettes are exempt. Violation of this requirement is a misdemeanor. Two laws passed in New York (A.B. 8654 and S.B. 5773) create a program in the state Department of Health for tobacco prevention among minors to support public education efforts designed to inform minors of the health hazards of tobacco use. See the additional summary of these laws in the Tobacco-Use Reduction/Tobacco Access by Minors section. Laws in two states—California and Nevada—address tobacco products advertising. In California, A.B. 752 amends the Stop Tobacco Access to Kids Enforcement Act by prohibiting the advertising of tobacco products on outdoor billboards located within 1,000 feet of public or private elementary schools, junior high schools, or public playgrounds. Violation of this prohibition is subject to graduated civil penalties. This law does not preempt the adoption of more restrictive local standards, including complete bans, on billboard advertising. With the passage of A.B. 146, Nevada prohibits school districts from authorizing commercial advertising on their buses which promotes the use of tobacco. California's S.B. 67 clarifies that tobacco manufacturers are not exempt from product liability action for the manufacture or sale of tobacco products. However, the sale or distribution of tobacco products by any other person is exempt from such liability. The law further specifies that: (1) no statutory bar exists to tobacco-related personal injury, wrongful death, or other tort claims against tobacco manufacturers; and (2) no immunity is granted to tobacco industry research organizations. A resolution in California (A.C.R. 4) concurs with the Federal Trade Commission's decision to seek an order requiring 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. The resolution also opposes the marketing or promotion of tobacco products to minors. |
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