States Protecting Children from Tobacco

Contact: Diane Maple, ALA; 202/785-3355
Trish Moreis, AHA; 202/822-9380
Shelley Buckingham, ACS; 202/546-4011

Survey Shows States Taking Pro-Active Approach To Protecting Children from Tobacco

Washington, D.C., March 5, 1997 -- The most comprehensive survey of current state tobacco control laws ever compiled shows that in 1996, states all across the nation moved aggressively to reduce tobacco use, particularly among children.

This action came in the form of new laws, regulations and ballot initiatives. States raised their tobacco excise taxes, increased penalties for illegal sales of tobacco products to minors and sought to make tobacco companies more accountable for their actions.

The survey, entitled "State Legislated Actions on Tobacco Issues" (SLATI), provides up-to-date details on each state's progress on tobacco control issues. Information for SLATI was compiled by the American Lung Association, American Heart Association and American Cancer Society.

Highlights of the 1996 SLATI include:

Massachusetts became the first state to enact legislation requiring tobacco manufacturers to disclose all ingredients in their tobacco products.

The past year saw a sharp increase in the number of state attorneys general filing lawsuits against the tobacco industry to recover state funds spent to care for people suffering from tobacco-related illnesses. Twenty-one such lawsuits have now been filed.

In 1996, Oregon increased its cigarette excise tax by 30 cents, making the total tax 68 cents per pack. Massachusetts increased its cigarette tax by 25 cents, to 76 cents per pack.

The tobacco industry's primary state strategy failed. In recent years, the industry has backed weak tobacco-control bills that include language to preempt, or prevent, local governments from enacting even stronger controls. In 1996, 26 industry-backed preemption bills were introduced in 19 states. Due to strong grasssroots efforts by tobacco-control advocacy groups, 24 of these bills were defeated. Only two, in South Carolina and Delaware, were enacted.

A notable 1996 victory was Indiana Gov. Evan Bayh's veto of a bill that would have preempted local governments from enacting strong ordinances limiting youth access to tobacco products. Unfortunately, that 1996 achievement was undone when the Indiana State House of Representatives voted to override Bayh's veto on February 13, 1997.

Other general information provided by the 1996 SLATI includes:

All 50 states and the District of Columbia now impose an excise tax on cigarettes. These taxes range from a high of 82.5 cents per pack in Washington to a low of 2.5 cents per pack in Virginia. The national average is 33.2 cent per pack.

All 50 states and the District of Columbia have banned the sale of cigarettes to minors. Most states define minors as persons under the age of 18. Alabama, Alaska and Utah set the age at 19. Pennsylvania prohibits retailers from selling cigarettes or cigarette papers to anyone under age 21, with 18 as the minimum age to purchase other tobacco products.

As of December 31, 1996, 14 states still had no laws restricting children's access to cigarette vending machines. That will change, soon, however. As of August 28, 1997, a new federal Food and Drug Administration rule will ban vending machine sales of tobacco products except in locations where children are not permitted, such as bars and nightclubs. # # #

NOTE TO MEDIA: A sample entry from "State Legislated Actions on Tobacco Issues" is attached. Copies of the full survey are available free to accredited members of the media. To obtain a copy, call Erin Spilman, American Lung Association, 202/785-3355. Spokespeople are available to address the variety of issues covered in this new document. To set up an interview, contact any one of the three people listed at the top of this release.

MASSACHUSETTS

A. CLEAN INDOOR AIR

Clean Indoor Air Rating: Moderate

Public Places Smoking is prohibited in public elevators, supermarkets or retail food outlets, and courtrooms. Smoking is restricted to designated areas in museums, libraries, courthouses, trains, airplanes, and waiting areas of airports. The person in control of these facilities must post no-smoking notices. MA GEN. LAWS ANN. Ch. 270, ß 22 (1990). Smoking in a public conveyance, or in a terminal or other facility of the Massachusetts Bay Transportation Authority is prohibited. Those who violate this law must appear in court or pay a fine of 25 dollars. Failure to comply, warrants a criminal complaint; individuals who do not appear in court in response to this complaint are subject to arrest and may be punished by a fine of no more than $100, or not more than 10 days in prison, or both. MA GEN. LAWS ANN. ch. 161A, ß 33 and ch. 272 ß 43A (1993). Smoking is prohibited in jury deliberation rooms, except when a majority of the members of such jury give their consent to smoking. MA GEN. LAWS ANN. ch. 234, ß 34C (1986). Smoking is prohibited during an election in poll

Government Buildings Smoking is restricted to designated areas in all workplaces and public areas where state executive branch agencies are located. Executive Order, Administrative Bulletin 87-1 (1987). Smoking is restricted to designated areas in buildings owned or occupied by any department or agency of the commonwealth, or political subdivision thereof. Smoking is prohibited at any open meeting of most governmental bodies. MA GEN. LAWS ANN. Ch. 270, ß 22 (1990).

Private Workplaces NONE

Schools Smoking is restricted to designated areas in any school, college, and university. MA GEN. LAWS ANN Ch. 270, ß 22 (1990). Students in primary or secondary public schools in the Commonwealth are prohibited from using tobacco products of any type on school grounds during normal school hours. MA GEN. LAWS ANN. Ch. 71, ß 2A (1987).

Day Care Smoking is restricted to designated areas in group child care centers, and school-age and family day care centers. MA GEN. LAWS ANN. Ch. 270, ß 22 (1990).

Health Facilities Smoking is restricted to designated areas in waiting areas of health care facilities. Patients are entitled to a non-smoking room and shall be assigned to such a room, upon request, for the duration of their stay or until an alternative assignment is requested. MA GEN. LAWS ANN. Ch. 270, ß 22 (1990). All public and private nursing homes shall designate no-smoking sections in certain common areas, including lobbies, cafeterias, conference rooms and employee lounges. Smoking by employees is prohibited in all patient care areas. MA GEN. LAWS ANN. Ch. 111, ß72X (1987).

Restaurants Smoking is restricted to designated areas in restaurants seating over 75 persons. MA GEN. LAWS ANN. Ch. 270, ß 22 (1987).

B. TOBACCO EXCISE TAXES

Cigarettes Tax rate per pack of 20: 76 cents Date last changed: October 1, 1996 -- 51 cents to 76 cents Year first enacted: 1939

Other Tobacco Products Chewing tobacco and snuff: 75% of wholesale price Cigars and smoking tobacco: 15%

A portion of the tobacco excise taxes (25¢ per pack of cigarettes, 25% of the wholesale price of smokeless tobacco products and 15% of cigars and smoking tobacco) is dedicated to the Children's and Senior's Health Care Assistance Fund. MA GEN. LAWS ANN. CH. 64C, ß 7 (1996). An additional amount (25¢ per pack of cigarettes and 25% of the wholesale price of smokeless tobacco products) is dedicated to the Health Protection Fund for school health education programs to incorporate information on the hazards of tobacco use, and community smoking prevention and cessation programs, including public service advertisements and prenatal and maternal programs. MA GEN. LAWS ANN. Ch. 29, ß 2T (1992). The remainder of the revenue is credited to the Health Care Access Fund, Local Aid Fund and the General Fund. MA GEN. LAWS. ANN. Ch. 64C, ß 28 (1992).

C. YOUTH ACCESS

Age Restrictions on Sales of Tobacco Products

Minimum age for sales of cigarettes and smokeless tobacco: 18

Penalty: Whoever sells tobacco in any form to a person under the age of eighteen shall be punished by a fine not less than $100 for the first offense, not less than $200 for a second offense, and not less than $300 for subsequent offenses. MA GEN. LAWS ANN. Ch. 270, ß 6 (1985). Whoever sells cigarette rolling papers to any person under the age of eighteen shall be punished by a fine of not less than $25 for the first offense, $50 for the second offense and $100 for subsequent offenses. No city, town, department, board or other political subdivision or agency of the Commonwealth may impose any requirements, restrictions, or prohibitions pertaining to the sale of cigarette rolling papers, in addition to those in this section, notwithstanding any ordinance or regulation that is in effect on 2/20/96.* MA GEN. LAWS ANN. Ch. 270, ß 6A (1995).

Sign posting requirement: The owner or person in charge of a place that sells cigarettes at retail shall conspicuously post a copy of the above law. Whoever violates this provision shall be punished by a fine of not more than $50. Any person who unlawfully removes the required sign shall be fined $10. MA GEN. LAWS Ch. 270, ß 7.

D. RESTRICTIONS ON DISTRIBUTION OF TOBACCO PRODUCT SAMPLES OR SALES OF SINGLE CIGARETTES

No person shall sell, offer for sale or have in possession with intent to sell single unpackaged cigarettes. Whoever violates the provision of this section shall be punished by a fine of not less than two hundred nor more than 500 hundred dollars. MA GEN. LAWS Ch. 94, ß 307a(1996).

E. RESTRICTIONS ON THE SALE OF TOBACCO PRODUCTS IN VENDING MACHINES

Any operator of a vending machine containing tobacco products or owner of a location where such a machine is located who permits any person under 18 to use such machines shall be punished by a fine of not more than $50. MA GEN. LAWS ANN. Ch. 64C, ß 10 (1976)

Sign posting requirement: Each vending machine shall have attached to the front of it a notice reading "Persons under 18 are prohibited from using this machine." Any person owning or operation a vending machine that fails to display such a notice shall be punished by a fine of up to $50. MA GEN. LAWS ANN.Ch. 64C, ß 10 (1976).

F. LICENSING REQUIREMENTS

Retailers, wholesalers and vending machine operators must obtain a license to sell tobacco products and registration certificates. Licenses for wholesalers and machine operators expire every year, retailers each even year. Registration certificates may be issued for a specified term of not less than three years, subject to renewal without additional fees and in accordance with regulations issued by the commissioner. MA GEN. LAWS ANN. Ch. 62C, ß 67 (1986) and Ch. 64C, ß 2 (1976).

Licensing fee: The fees for licenses and each renewal shall be determined annually by the commissioner of administration, except that those who maintain more than one place of business the fee for each additional place of business shall be one-half of the above determined fee. MA GEN. LAWS ANN. Ch. 62C ß67 (1986).

Penalty for sales to minors: NONE

G. SMOKING PROTECTION LAWS**

NONE

H. ADVERTISING AND PROMOTION

NONE

I. PRODUCT DISCLOSURE

Any manufacturer of cigarettes, snuff or chewing tobacco sold in the commonwealth shall provide the department of public health with an annual report, in a form and at a time specified by that department, which list for each brand of such product sold the following information: 1) The identity of any added constituent other than tobacco, water or reconstituted tobacco sheet made wholly from tobacco, to be listed in descending order according to weight, measure or numerical count; and 2) The nicotine yield ratings, which shall accurately predict nicotine intake for average consumers, based on standards to be established by the department of health. MA GEN. ANN.Ch.94 ß 307a (1996)