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Persons using assistive technology might not be able to fully access information in this file. For assistance, please send e-mail to: mmwrq@cdc.gov. Type 508 Accommodation and the title of the report in the subject line of e-mail. State Laws on Tobacco Control -- United States, 1998Julie A. Fishman, M.P.H.; Harmony Allison, M.P.H.; Office on Smoking and Health, National Center for Chronic Disease Abstract Problem/Condition: State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Reporting Period Covered: Legislation effective through December 31, 1998. Description of System: CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Results: Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9¢ per pack, an increase of 7.4¢ compared with the average tax in the 1995 report. Interpretation: State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. Actions Taken: The data summarizing state tobacco-control laws are available through CDC's State Tobacco Activities Tracking and Evaluation (STATE) System*; the laws are collected and updated every quarter. The STATE System also contains state-specific data on the prevalence of tobacco use, tobacco-related deaths, and the costs of tobacco use. Information from the STATE System is available for use by policy makers at the state and local levels to plan and implement initiatives to prevent and reduce tobacco use. In addition, CDC is using this information to assess the ongoing impact of tobacco-control programs and policies on tobacco use. INTRODUCTION Since the release of the first Surgeon General's report on tobacco in 1964, scientific knowledge about the health consequences of tobacco use has increased substantially (1,2). As knowledge about the health consequences of tobacco use and exposure to environmental tobacco smoke (ETS) has increased, knowledge about effective interventions to prevent and reduce tobacco use and exposure to ETS has also increased. Extensive study during the preceding 30 years has documented that reductions in tobacco use decreases the incidence of several diseases and disorders as well as decreases mortality (2). However, one fourth of all adults in the United States still smoke (3), and tobacco use continues to cause greater than 430,000 deaths each year (4). Although individually focused strategies to prevent and reduce tobacco use remain important, social change and population-based environmental interventions have become the overriding focus of tobacco-control initiatives (5,6). In particular, developing and implementing public health policies are a central component of tobacco-control efforts. Tobacco-control policies cover a range of topics, including minors' access to tobacco, retail tobacco licensing, smoke-free indoor air, advertising and promotion, excise taxes, warning labels, and product ingredient disclosure. Some tobacco-related policies are instituted primarily at the federal level; however, most tobacco-related policies are established at the state and local level. Several studies have been conducted to examine the impact of tobacco-control laws on tobacco-use behaviors. Although the strongest data on the impact of policies on tobacco-use behaviors come from studies of tobacco excise taxes, data also document the impact of smoke-free indoor air, minors' access, and advertising policies (7). Although some studies have used a pre- and postdesign without a comparison, others have included randomized and controlled comparisons. In addition, many tobacco policy studies have used econometric analyses to assess the impact of price and nonprice variables on tobacco use. One important nonprice variable is state tobacco-control policy (e.g., laws). In recognition of the importance of policy as a tobacco-control intervention, several national health objectives track state tobacco-control laws. These objectives include state laws on minors' access, smoke-free indoor air, tobacco vending machines, tobacco excise taxes, and preemptive tobacco-control laws (8). By regulating the sale and use of tobacco and increasing taxes on tobacco products, states play an important role in achievement of the year 2000 national health objectives, which ultimately will reduce the burden of diseases attributable to tobacco. This report is an update of the 1995 surveillance summary (9), which examined state tobacco-control laws effective June 30, 1995. This report addresses state tobacco-control laws effective December 31, 1998, and describes changes in legislation since the 1995 report. METHODS This report identifies four aspects of tobacco-control laws in each state and Washington, D.C.: a) smoke-free indoor air, b) minors' access, c) advertising, and d) excise taxes. Data on the preemptive provisions of smoke-free indoor air, minors' access, and marketing laws are also provided. State laws are reported for all four topics as well as executive orders for smoke-free indoor air in government work sites, effective December 31, 1998. States that enacted legislation that became effective after December 31, 1998, were not included in this report. Updating Tobacco-Related State Laws Using laws effective June 30, 1995, as a baseline, information on state laws is updated quarterly with any newly enacted legislation that is effective the last day of the quarter. CDC tracked legislation for the quarters ending March 31, June 30, September 30, and December 31, using an on-line legal research database. The legislation is coded according to matrices developed for State Laws on Tobacco Control--United States, 1995 (9) with minor modifications. Coding completed by CDC is then verified with the National Cancer Institute's State Cancer Legislative Database. Legislative data are stored in CDC's State Tobacco Activities Tracking and Evaluation (STATE) System.** Although state regulations carry the same authority as law, the STATE System currently does not include regulations for tobacco control. Also, the STATE System currently does not include provisions of the individual state and multi-state settlements with the tobacco industry. Changes in Legislative Tracking Since 1995, CDC has enhanced its legislative tracking efforts to more specifically indicate whether it is illegal for minors to purchase, possess, or use tobacco and to include more specific provisions regarding smoke-free indoor air policies in child day care centers. In addition, CDC has developed a matrix describing preemptive provisions of minors' access, smoke-free indoor air, and marketing laws. In the 1995 report, such provisions were incorporated directly into the tables for minors' access, smoke-free indoor air, and advertising. Changes in interpretation or errors in the 1995 report were corrected in CDC's legislative tracking system as they were discovered and also have been footnoted in the tables in this report. Categorizing Locations and Restrictions State laws vary in their definition of public places, and methods of implementing smoking restrictions in these locations also vary. Because of these variations, comparing smoke-free indoor air laws across states can be difficult. To aid in comparisons, locations included in state laws were categorized as government work sites, private-sector work sites, restaurants, child day care centers, and other sites, which include bars, shopping malls, retail stores, enclosed arenas, public transportation, hospitals, prisons, and hotels and motels. RESULTS Results of the legislative review summarize which states have laws concerning smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and tobacco excise taxes (Table 1). In addition, the review summarizes which states have preemptive provisions in smoke-free indoor air, minors' access, or tobacco marketing laws. Smoke-Free Indoor Air Because of concerns about the health effects of exposure to ETS, many state laws restrict smoking in public places. As of December 31, 1998, 46 states and Washington, D.C., restrict smoking to some extent. Alabama, Kentucky, Mississippi, and North Carolina have no restrictions on smoking in sites covered in this report. Smoke-free indoor air restrictions (Tables 2-6) are provided in four categories. States with no restrictions on smoking in a given site are categorized as "1." States that require or allow designated smoking areas in a given site are categorized as "2." If either no smoking is allowed or designated smoking areas with separate ventilation are required, the site is categorized as "3." Sites where no smoking is allowed are categorized as "4." Government Work Sites Forty-one states and Washington, D.C., have laws that restrict smoking in state government work sites (Table 2). Although no change has occurred in the number of states with any restrictions since the 1995 report, state restrictions in Hawaii and Massachusetts were strengthened from limiting smoking to designated areas to prohibiting smoking. Twenty-nine state laws limit smoking to designated areas; two either ban smoking or require designated smoking areas with separate ventilation; and 11 completely ban smoking. Seven of these state laws require a minimum number of employees (i.e., 1-25 employees) for the restriction to be implemented. Nineteen states and Washington, D.C., authorize penalties against both the work site and the smoker for the first violation; four states authorize penalties to the work site only; and eight authorize penalties to the smoker only. Of state laws that restrict smoking in government work sites, 62% also designate an enforcement authority. In Kentucky, state government work sites are permitted but not required to develop policies on smoking. North Carolina's law requires all government work sites to have smoking areas; the law does not permit the establishment of smoke-free government work sites. Private-Sector Work Sites Twenty states and Washington, D.C., have laws that restrict smoking in private-sector work sites (Table 3); of these, only California requires either no smoking or separate ventilation for smoking areas. Since the 1995 report, no change has occurred in the number of states with smoking restrictions in private-sector work sites or in the strength of existing restrictions. Seven of the 21 laws mandate designated smoking areas only in work sites that have a minimum number of employees (i.e., 1-50 employees). Ten states and Washington, D.C., penalize both the work site and the smoker for the first violation; three penalize the work site only; and four penalize the smoker only. Sixty-seven percent of laws that restrict smoking in private-sector work sites designate an enforcement authority. Restaurants Thirty states and Washington, D.C., have laws that restrict smoking in restaurants (Table 4). No change has occurred in the number of states with restaurant restrictions since the 1995 report; however, Vermont strengthened its restrictions from limiting smoking to designated areas to prohibiting smoking. Utah and Vermont are the only states that completely prohibit smoking in restaurants; California requires either no smoking or separate ventilation for smoking areas. Many state laws exempt small restaurants, generally those with a seating capacity of less than 50 persons, from smoke-free indoor air laws. Seventeen state laws penalize both the restaurant and the smoker for the first violation; five penalize the restaurant only; and five penalize the smoker only. Of state laws that restrict smoking in restaurants, 71% designate an enforcement authority. In Louisiana, restaurants are permitted but not required to develop policies on smoking. Child Day Care Centers Twenty-eight states and Washington, D.C., have laws that restrict smoking in commercial day care centers, an increase of two states (i.e., New Jersey and Tennessee) since the 1995 report. Eleven states restrict smoking in home-based day care centers, an increase of one state (i.e., Tennessee) since the 1995 report (Table 5). Eleven states ban smoking in commercial day care centers at all times; one requires either no smoking or separate ventilation for smoking areas at all times; 10 ban smoking only when children are on the premises; five states and Washington, D.C., require or allow designated smoking areas at all times; and one requires or allows designated smoking areas only when children are on the premises. Six of the states that restrict smoking in home-based day care centers ban smoking only when children are on the premises; one requires either no smoking or separate ventilation for smoking areas when children are on the premises; two require or allow designated smoking areas at all times; and two require or allow designated smoking areas only when children are on the premises. Of the 11 states that have clean indoor air restrictions for home-based day care, 10 penalize either the smoker or the business for a violation. Of the 29 states that have clean indoor air restrictions for commercial day care, 27 penalize either the business or the smoker for a violation. Laws in Michigan, New Jersey, and Ohio authorize license revocation for violations of the law. Sixty-six percent of laws restricting smoking in day care centers designate an enforcement authority. Other Sites Some states have laws that regulate smoking in other locations (Table 6). Forty-two states and Washington, D.C., have smoking restrictions in hospitals (an increase of one state [i.e., Tennessee] since the 1995 report); 40 states and Washington, D.C., on selected forms of public transportation; 29 states and Washington, D.C., in grocery stores; and 23 states in enclosed arenas. Fewer than 10 states have laws that restrict smoking in either bars, shopping malls, prisons, or hotels and motels. California is the only state that requires bars to be smoke-free or have separately ventilated areas; this change went into effect after the 1995 report. Laws in West Virginia and Minnesota require that certain prison facilities be smoke-free; both of these changes became effective after the 1995 report. Minors' Access to Tobacco Products Sale and Distribution Because most initiation of tobacco use occurs in the teenage years, states have implemented minimum age requirements, vending machine restrictions, and retail licensure systems to limit minors' access to tobacco products. Selling tobacco products to persons under the age of 18 years is illegal in all states and Washington, D.C. (Table 7). In Alabama, Alaska, and Utah, selling tobacco products to persons under the age of 19 is illegal. Since the 1995 report, 15 states*** have added an enforcement authority to their minors' access laws. More than one half of all states (32) now designate an enforcement authority within the minors' access legislation. Enforcement agencies include departments of public health, revenue, and public safety as well as alcoholic beverage-control boards and agencies. All 50 states and Washington, D.C., have some type of penalty for violation of minors' access laws. Since the 1995 report, 11 states**** have added license suspension and/or revocation as a penalty for sales to minors. Nevada state law removed license suspension and revocation as a possible penalty to businesses for violation of minors' access laws. Thirty-five states and Washington, D.C., require signage indicating that selling cigarettes or tobacco products to minors is illegal, an increase of three states (i.e., Delaware, Kansas, and North Carolina) since the 1995 report. Purchase, Possession, and Use of Tobacco by Minors Forty-two states have laws that prohibit minors from purchasing, possessing, or using tobacco products, an increase of eight states (i.e., Alabama, Delaware, Florida, Kentucky, Mississippi, Montana, North Carolina, and Texas) since the 1995 report. Nine states prohibit all three of these provisions; 19 states prohibit two of the three provisions; and 14 states prohibit one of the provisions. The most common restriction is a prohibition on the purchase of tobacco products by minors; 33 states have such a restriction. Vending Machines Forty-one states and Washington, D.C., have laws that restrict minors' access to tobacco through vending machines, an increase of 10 states (i.e., California, Delaware, Illinois, Kansas, Louisiana, New Hampshire, North Carolina, Rhode Island, Texas, and Virginia) since the 1995 report (Table 8). In 1995, Louisiana and Virginia had only a signage requirement for vending machines, whereas the remaining eight states had no vending machine legislation. Nineteen states and Washington, D.C., now ban tobacco vending machines from locations accessible to youths, an increase of eight states since the 1995 report. Four states (i.e., Minnesota, Mississippi, Montana, and South Dakota) that now ban tobacco vending machines from locations accessible to youths previously had limited placement restrictions that required either a locking device and/or supervision. Three states (i.e., California, Delaware, and Texas) had no vending machine restrictions in the 1995 report, and Louisiana had only a signage requirement. Seven states added an enforcement authority since the 1995 report; 52% of laws restricting vending machines designate an enforcement authority. Thirty-three states and Washington, D.C., have laws that penalize the business for a first violation, an increase of 10 states since the 1995 report; also, since the 1995 report, three states have changed their existing penalties. Twenty-one states require signage regarding minors' restricted access to vending machines, an increase of four states since the 1995 report. New Hampshire, New Jersey, New Mexico, and Rhode Island now require signage. Retail Licensing Thirty-four states and Washington, D.C., require retailers to obtain either an over-the-counter and/or a vending machine license for selling tobacco products (Table 9). Maine and Mississippi enacted over-the-counter or vending machine licensing requirements for the first time since the 1995 report. Minnesota enacted legislation requiring localities to license tobacco. In addition, two states with one type of license enacted provisions requiring the other type of license. Alabama previously had over-the-counter licensing and added vending machine licensing, and Louisiana previously had vending machine licensing and added over-the-counter licensing. Thirty states and Washington, D.C., have laws that require retailers to obtain a license for over-the-counter sales. Three of these states (i.e., Louisiana, Maine, and Mississippi) have added this requirement since the 1995 report. Of states that require an over-the-counter license, all except Alabama, Georgia, Mississippi, and Texas require a license fee. Thirty-one states and Washington, D.C., have laws that require retailers to obtain a license for tobacco sales through vending machines. Alabama, Maine, and Mississippi added their license requirement since the 1995 report. Of states that require a vending machine license, all except Alabama, South Carolina, and Texas require a license fee. Two states have changed their laws regarding frequency of license renewal since the 1995 report. In Delaware, a 3-year renewal frequency for over-the-counter licenses and a 1-year renewal frequency for vending machine licenses were added. In Mississippi, a 1-year renewal frequency was added to the over-the-counter retail license. Thirty-three states and Washington, D.C., authorize penalties for businesses for violating the over-the-counter and/or vending machine licensing requirements. Advertising Thirteen states have laws that restrict the advertising and promotion of tobacco products (Table 10), an increase of four states since the 1995 report. California's law bans tobacco advertising on state government property and on video games; in addition, since the 1995 report, California enacted a law that requires tobacco billboards be placed greater than 1,000 ft. away from schools or playgrounds. Since the 1995 report, Arizona, Nevada, and Tennessee have enacted bans on advertising on the backs of school buses, and Indiana law requires that tobacco billboards be placed greater than 200 ft. away from schools. Other types of advertising restrictions include limiting advertising on public transportation and requiring health warnings on print and billboard advertising for smokeless tobacco products. Excise Taxes All states and Washington, D.C., have cigarette excise taxes. The average tax is 38.9¢ per pack, and taxes range from 2.5¢ in Virginia to $1.00 in Alaska and Hawaii (Table 11). Forty-two states tax smokeless tobacco products; all states except one tax these products as a percentage of the price. Since the 1995 report, 13 states***** have increased cigarette excise taxes. These increases range from 12¢ in New Hampshire to 71¢ in Alaska. Seven states have changed their tax on smokeless tobacco products since the 1995 report. In Alaska, Massachusetts, New Jersey, Oregon, and Vermont, the tax on smokeless tobacco has been increased. In California and New Hampshire, the tax on smokeless tobacco fluctuates. California's smokeless tobacco tax is set by the state Board of Equalization. This tax is equivalent to the combined rate of tax applied to cigarettes and is based on the previous year's wholesale cost of tobacco products. California lowered the smokeless tobacco tax from 34% of the wholesale price in June 1995 to 29.4% effective through December 1998. New Hampshire's smokeless tax, set by the New Hampshire Department of Revenue, is based on the tax rate for cigarettes as a percentage of the price of the pack of cigarettes. The smokeless tobacco tax has fluctuated from 20% of the wholesale price in June 1995 to a high of 33.4% in June 1997; as of December 1998, the tax was 27.1% of the wholesale price. Preemption Thirty states have preemptive provisions in their tobacco-control laws (Table 12). For this report, preemptive legislation was defined as legislation that prevents any local jurisdiction from enacting restrictions that are more stringent than the state law or that might vary from the state law. Six states (i.e., Delaware, Indiana, Maine, Nevada, North Carolina, and South Carolina) have passed preemptive laws since the 1995 report. Of these, Indiana and Maine did not have previous preemptive laws in any area tracked in this report. However, Maine repealed its preemptive law as of June 1997. Some preemptive provisions are very narrow. For example, in New York, the state government has precedence over local government restrictions on the free distribution of samples of tobacco products. Other provisions are broad. For example, Tennessee's minors' access law preempts local legislation in all tobacco-control areas. DISCUSSION Smoke-Free Indoor Air Restrictions on smoking in public places are designed to limit the public's exposure to ETS, which causes serious health consequences among both adults and children (10-12). Exposure to ETS among the nonsmoking U.S. population is extensive. A study using results from the Third National Health and Nutrition Examination Survey indicated that 87.9% of nontobacco users had detectable blood levels of cotinine, a primary measure of ETS exposure (13). One important source of ETS exposure is the workplace. Results reported in the 1992-1993 Current Population Survey Tobacco Use Supplement indicate that 81.6% of all indoor workers are covered by some type of smoking policy. However, less than one half of workers (46.0%) are covered by a 100% smoke-free policy (14). Only 21.1% of food service workers (e.g., bartenders and wait staff) reported a smoke-free workplace; health-care workers (e.g., doctors) reported the highest percentage (80.7%) of smoke-free policies. Restaurant workers have an ETS exposure level that is approximately 1.6 to 2.0 times higher than levels for office workers; ETS exposure levels for bar workers are approximately 3.9 to 6.1 times higher than levels for office workers (15). According to 1992 data from the National Survey of Worksite Health Promotion Activities, 87% of companies with greater than 50 employees have established formal smoking policies, and 59% have banned smoking (8). Researchers have found that work site smoking policies reduce nonsmokers' exposure and impact employees' smoking behaviors (7,16-20). In some cases, smoke-free policies have been associated with a decrease in consumption of cigarettes among smoking employees (17,18,21). One study assessed whether smoking restrictions led to self-selection, which occurs when nonsmokers are attracted to smoke-free work sites, and smokers are attracted to work sites allowing smoking. After accounting for potential self-selection among workers, the study indicated that smoking bans reduced adult smoking by 5% and reduced cigarette consumption among continuing smokers by 10% (22). Evidence also exists indicating that strong smoking restrictions reduce smoking prevalence and average daily cigarette consumption among youth (23) and young adult (24) smokers. A year 2000 national health objective is for all states and Washington D.C., to prohibit smoking or limit it to separately ventilated areas in work sites, restaurants, and public places (8). Although 31 states and Washington, D.C., restrict smoking in restaurants, only three states either prohibit smoking entirely or limit it to separately ventilated areas. Furthermore, since the 1995 report, few state-level actions to establish additional smoke-free laws or to strengthen existing laws have been adopted; this might be because many tobacco prevention and reduction efforts in the preceding 4 years have focused on children and adolescents to the exclusion of efforts to reduce ETS exposure (25). In addition, public health involvement with tobacco-related lawsuits and settlements also might have diminished the attention paid to establishing state-level actions to reduce ETS exposure. California is the only state to prohibit smoking or limit it to separately ventilated areas in bars. This law has been associated with an improvement in the health of bartenders throughout the state (26). Approximately 59% of bartenders reported no longer having respiratory symptoms (i.e., wheezing, shortness of breath, or coughing) during the second month after the law took effect. In addition, 78% of bartenders who had reported sensory irritation (i.e., eye, nose, or throat irritation) reported no longer having those symptoms after the ban. Although they are not tracked in this report, state regulations and administrative agency actions are another important means for establishing smoking restrictions in work sites and other sites. For example, Maryland and Washington have implemented extensive smoking restrictions through such mechanisms. In addition to state restrictions, many local governments also have taken action to protect the public from exposure to ETS. As of March 1999, at least 259 workplace or restaurant smoking ordinances were in effect in the United States that either prohibited smoking altogether or limited it to separately ventilated areas (27). For example, on April 1, 1996, New York City enacted an ordinance that prohibited smoking in many sites, including public transportation, child day care centers, and retail stores (28). The ordinance also has extensive restrictions on smoking in restaurants. The federal government has taken several actions to reduce exposure to ETS. These actions include smoking bans on domestic airline flights, in federally funded facilities that provide services to children, and in federal Executive Branch buildings (29-31). In 1994, the Occupational Safety and Health Administration proposed standards, including restrictions on exposure to ETS, for indoor air quality in the workplace (32). In addition, in 1998, the U.S. Department of Transportation announced that all U.S. airline carrier flights (domestic and international airlines) are completely smoke-free; 91% of flights between the United States and foreign destinations, including those operated by foreign carriers, are smoke-free. This progress in reducing exposure to ETS on flights has been achieved through a combination of legislative actions and voluntary agreements. In July 1998, a U.S. District Court in North Carolina ruled that the Environmental Protection Agency's (EPA's) designation of secondhand smoke as a Group A carcinogen (i.e., a known human carcinogen) was flawed because of technical and procedural problems in the agency's review of health data (33). However, the court did not challenge EPA's findings regarding the effects of secondhand smoke exposure on children. EPA is appealing the court ruling regarding the carcinogenicity of secondhand smoke. Despite the ruling on the EPA report, studies continue to support a causal relation between ETS exposure and cancer. For example, the 1997 California EPA report described the causal relation between exposure to ETS and several negative health effects, including cancer (12). And in 1998, the National Toxicology Program proposed that ETS be listed as a carcinogen in the federal government's 9th Report on Carcinogens (34). As information about the health hazards of exposure to ETS continues to be collected and disseminated, action at the state and local level to eliminate ETS exposure will likely increase. Minors' Access to Tobacco Products Despite laws in every state that prohibit the sale of cigarettes to minors, children and adolescents continue to obtain and use tobacco products. Some of these tobacco products are obtained from social sources (e.g., friends, family, or older adults) either by borrowing (or "bumming"), theft, or giving money to an older person to buy the tobacco for them (35). However, a large percentage of minors who smoke purchase their own cigarettes from commercial sources (36-38). Small stores and gas stations are the major commercial source of cigarettes for underaged buyers. Vending machines are more popular among the youngest adolescents, and the majority of adolescents who have never smoked believe it would be easy for them to buy cigarettes (36,37). According to the 1997 Youth Risk Behavior Surveillance System, of the 29.8% of students who purchased their cigarettes from a gas station or store, 66.7% of them were not asked for proof of age when they bought cigarettes in the month preceding the survey (39). Data indicate that when minors' access laws are actively enforced, sales to minors are reduced (36,40-44). Furthermore, preliminary evidence indicates that strong enforcement of minors' access laws might reduce tobacco use among youth (41,42,44). Localities that have been most successful in reducing commercial sales of tobacco to minors have generally had comprehensive minors' access ordinances, which include active surveillance of illegal sales to minors by using compliance checks in which minors, working with an enforcement agency, attempt to purchase tobacco products (40-44). To date, no published studies have measured the effectiveness of youth purchase, possession, or use restrictions in reducing smoking prevalence rates among youths, but several studies have questioned the motivation and appropriateness of such laws (36,45,46). Some states (e.g., Florida, Texas, and Utah) have programs that give youth offenders a choice of paying a fine, participating in a smoking education class, or performing community service. These programs have not yet been evaluated for their effects on youth smoking rates. The 1992 Synar Amendment (Public Law 102-321) requires that states receiving Substance Abuse Prevention and Treatment Block Grants establish and enforce laws that prohibit the sale of tobacco products to persons under the age of 18 years (47). The final Synar Regulation, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA) in January 1996, requires each state to annually conduct random, unannounced inspections on a representative sample of retail tobacco outlets to assess the extent of sales to minors. The states were required to determine baseline rates and negotiate with SAMHSA appropriate interim targets and a timeline to reach the goal of a 20% maximum inspection failure rate. The 1997 Synar Regulation Implementation Report to Congress on FFY 1997 State Compliance (48) indicated that sales of cigarettes to minors in state compliance checks ranged from 7.2% in Florida to 72.7% in Louisiana with a median of 40% in fiscal year 1997. Four states (i.e., Florida, Maine, New Hampshire, and Washington) met the year 2000 national health objective of less than or equal to 20% sales to minors in compliance inspections in fiscal year 1997. States that had a history of strong enforcement activities generally had lower rates of sales to minors (48). Although the regulation implementing the Synar Amendment requires that all states obtain the goal of a maximum failure rate of no more than 20%, recent studies conducted at the community level indicated that this target might not be optimal for changing youth smoking rates (40-42). In 1996, the Food and Drug Administration (FDA) issued a regulation prohibiting the sale of tobacco products to persons under the age of 18 years and required that all persons under the age of 27 years show a photographic identification to purchase cigarettes or smokeless tobacco. The regulation also banned sales of packages with less than 20 cigarettes and banned vending machines and self-service displays, except in certain venues for adults only (e.g., nightclubs) (49). In February 1997, the minimum age of sale and identification verification provisions went into effect; however, because of a legal challenge, the remaining access provisions have not yet gone into effect. A year 2000 national health objective is for all states and Washington, D.C., to prohibit vending machines in areas accessible to minors (8). As of December 31, 1998, 19 states and Washington, D.C., have met the objective. In addition to state action, many localities have also taken action to restrict vending machines. As of March 31, 1999, 265 localities had completely banned vending machines, and 87 banned them in areas accessible to minors (50). Retail tobacco licensure allows states to develop and maintain lists of tobacco vendors that can be used for compliance checks and enforcement actions. Some states designate a portion of licensing fees for retailer education or minors' access law enforcement. Furthermore, some states suspend or revoke retail tobacco licenses for repeated violation of minors' access laws (36,37,48). As of December 31, 1998, 23 states and Washington, D.C., may suspend or revoke retail licenses for violation of minors' access laws. Tobacco Product Advertising and Promotion Tobacco advertising increases the social pressure on minors to use tobacco by implying that using tobacco promotes independence, adventure, and glamour (37,38). Such advertising diminishes awareness of the addictive nature of tobacco and its substantial health risks (51). Teenagers are more likely than adults to smoke the three most advertised cigarette brands (i.e., MarlboroTM, CamelTM, and NewportTM) (52). Although combined sales of these brands accounted for only 35% of the overall cigarette market share, 86% of current minor smokers purchased one of these three brands (52). The effect of cigarette advertising expenditures on brand preferences is three times greater for teenagers than for adults (53) Assessing the impact of advertising restrictions on cigarette demand is difficult, especially isolating the impact of the advertising restrictions from other key determinants on cigarette demand (7). Factors that increase the complexity of studies regarding the impact of advertising restrictions include a) exposure to different types of advertising and promotion; b) social, taste, and cultural differences; and c) cumulative effects of exposure to advertising. Results from econometric studies of advertising restrictions have varied. Most studies have measured the effect of banning only one or two types of advertising, which might increase cigarette demand. This increase in cigarette demand might be partly because of the substitution of other marketing approaches. However, a few studies have indicated that comprehensive advertising bans decrease cigarette demand (7). In 1996, the tobacco industry spent $5.1 billion on cigarette advertising and promotion, a 4% increase from 1995 (54) . The largest category of cigarette advertising and promotion is for promotional allowances, which includes money paid to retailers for shelf space (i.e., slotting allowances). In 1996, the tobacco industry spent $2.15 billion on such promotions compared with $1.87 billion in 1995 (54). Although the smokeless tobacco industry spends a fraction of what the cigarette manufacturers spend on advertising and promotion, the smokeless tobacco industry has increased expenditures every year since 1987; in 1997, the smokeless tobacco industry spent $150.4 million (55). Cigar industry spending on media advertising increased from greater than $1.1 million in 1994 to approximately $4 million in the first 9 months of 1996 (56). The Comprehensive Smoking Education Act of 1984 requires cigarette print advertisements, billboards, and packages to contain one of four rotating warning labels (57). The Comprehensive Smokeless Tobacco Health Education Act of 1986 requires smokeless tobacco advertisements (other than billboards) and packages to contain one of three rotating warning labels (58). Because this act exempts smokeless tobacco billboards from including warning labels, states are allowed to enact such requirements. To date, Illinois, Michigan, and West Virginia have enacted such requirements. The 1996 FDA regulation on tobacco use among minors included several provisions on tobacco advertising. Outdoor advertising within 1,000 ft. of schools and public playgrounds was banned. Also, selling or giving away products (e.g., caps and gym bags) that bear tobacco product brand names or logos was also prohibited (49). However, because of a legal challenge, the advertising provisions of this regulation have not yet gone into effect. Settlements of lawsuits brought by states against the tobacco industry include additional restrictions on tobacco advertising and promotion. Florida, Minnesota, Mississippi, and Texas have settled individual lawsuits against the tobacco industry to recover the states' tobacco-related Medicaid costs. These settlement agreements require the tobacco industry to discontinue all tobacco product billboards, transit advertisements (i.e., including advertising on public transportation and at transit waiting areas, taxi stands, airports, and similar sites), and advertisements in arenas and stadiums. The November 1998 settlement between the tobacco industry and 46 states,****** Washington, D.C., and five territories also contains certain advertising and promotional restrictions (59). These restrictions include a ban on tobacco product billboards and tobacco advertising on buses and other forms of public transportation. The settlement also bans merchandise bearing tobacco company brand names and the use of cartoon characters in advertising. However, companies can continue to market cigarettes through print advertising and signs in stores; indoor and outdoor retail signage that is less than or equal to 14 sq. ft. in size are also allowed. Companies may also continue to sponsor a sporting event (e.g., NASCAR racing and rodeos), which uses the brand names of tobacco products. Most of the advertising and promotion restrictions in the settlement were required to be implemented by April 1999. Excise Taxes Policies that affect the price of tobacco products are the single most effective means of decreasing tobacco use, especially among youths and young adults (7,24,60). Price increases, usually a result of increases in the excise tax on tobacco products, encourage current tobacco users to quit or reduce their consumption of tobacco products and discourage youths and young adults from initiating tobacco use. Studies suggest that increases in cigarette prices effectively curb tobacco use among all age groups but have a greater impact on youths and young adults than on older adults (24,60-67). Youths (i.e., aged 12-17 years) are more responsive to cigarette price increases than adults; young adults (i.e., aged 18-24 years) are less responsive than youths but more responsive than adults. Increases in cigarette prices also exhibit differential impacts by race and ethnicity. For example, data indicate that young (i.e., aged 18-24 years) blacks and Hispanics are substantially more responsive to changes in price than young whites (67). Studies also indicate that increases in smokeless tobacco taxes reduce smokeless tobacco use among both adult and adolescent males (66,68,69). Among adolescent males, most of the decrease in use is attributed to adolescent males quitting or not starting to use smokeless tobacco (68). Some studies have indicated that increases in cigarette excise taxes can increase the demand for smokeless tobacco products. Specifically, as cigarette excise taxes are increased, persons who can no longer afford expensive cigarettes brands will substitute relatively cheaper smokeless tobacco products to obtain nicotine (66,69). Increases in smokeless tobacco tax rates might help reduce this substitution. The federal excise tax on cigarettes currently is 24¢ per pack, and the excise tax on smokeless tobacco products translates into 2.7¢ per average tin of snuff. In 1997, Congress enacted legislation to increase the federal cigarette excise tax by 15¢ per pack, which will bring the overall tax to 39¢ by the year 2002. The legislation also raised the federal tax on other tobacco products to a level proportional to the increase in the cigarette tax. In fiscal year 1997, revenues generated from federal excise taxes totaled $5.7 billion from cigarettes and $1.3 million from other tobacco products (70). As of December 1998, state excise taxes ranged from 2.5¢ to $1.00 per pack, with an average of 38.9¢ per pack. In fiscal year 1997, net collections from state cigarette excise taxes totaled $7.14 billion (70). Arizona, California, Massachusetts, and Oregon have enacted tax increases through voter initiatives, which specify that revenues from these tax increases must be designated for tobacco-use prevention and control programs. In addition, Maine's legislature has enacted a tax increase that allocates a portion of the revenues for tobacco-use prevention and reduction programs. Inflation-adjusted (1997 dollars) cigarette prices increased from $1.42 per pack in 1960 to $1.95 per pack in 1997, a 37% increase during a 37-year period. In 1992, the inflation-adjusted price of a pack of cigarettes peaked at $2.10 (1997 dollars). The cigarette tax-to-price ratio is used to assess the relative contribution of total state and federal excise taxes to the full price of cigarettes. Excise taxes as a percentage of nominal cigarette prices declined from 49.8% in 1960 to 29.6% in 1997. The national health objective for the year 2000 for tax-to-price ratio is 50% (8). A declining tax-to-price ratio indicates that the effect of excise taxes in increasing the price of cigarettes is diminished. To sustain the public health impact of tobacco excise taxes over time, such taxes can be indexed for inflation. The individual state settlements between the tobacco industry and Florida, Minnesota, Mississippi, and Texas and the multistate settlement between the tobacco industry and the remaining 46 states might have an impact on the retail price of cigarettes. Despite the absence of an excise tax increase in these settlements, tobacco companies have increased wholesale cigarette prices to offset the financial impact of the settlements. As a result of the individual four-state settlements, the tobacco industry raised the wholesale price of cigarettes by approximately 25¢ per pack (71). The multistate settlement led to a wholesale cigarette price increase of approximately 45¢ per pack (72). However, because of industry discounting strategies, the long-term impact of these settlements on retail cigarette prices is still unknown (73). For tobacco-control purposes, the inflation-adjusted price of cigarettes impacts consumers' behaviors (7). Smoking rates among adolescents began increasing in the early 1990s (39), which was concurrent with the drop in prices after 1992. Similarly, smoking rates among adults declined until the early 1990s but have leveled off in recent years (3). Preemption In this report, preemption is defined as legislation that prevents localities from enacting more stringent laws or laws that might vary from the state law (74-77). Such preemption limits the ability of localities to tailor laws to address community-specific issues. In addition, preemptive laws deter debate over local ordinances; such debate can educate the community about tobacco, potentially altering social norms about tobacco use (78). Preemptive state laws might also discourage local enforcement because communities that are not involved in the decision-making process might be less likely to request or encourage enforcement (79). During 1993-1996, the number of tobacco-control laws with preemptive provisions increased substantially (74). A Tobacco Institute priority for 1993 was to encourage and support statewide legislation preempting local laws, including smoking, advertising, sales, and vending restrictions (80). A potential reason for this strategy was the greater potential for passage of strong tobacco-control laws at the local level and the logistical difficulties of the tobacco industry investing resources to address ordinances in multiple local jurisdictions (75-77). Eighteen states have preemptive provisions affecting smoke-free indoor air restrictions; therefore, achievement of the year 2000 national health objective (i.e., zero states with preemptive clean indoor air provisions) is unlikely. CONCLUSION Since the 1995 report on state tobacco laws, several states have enacted additional provisions that address tobacco use. Twelve states have increased excise taxes on cigarettes since the 1995 report, including an increase of 71¢ in Alaska. In addition, 11 states added retail license suspension or revocation for sales to minors, and 10 placed greater restrictions on tobacco vending machines. Although all states have some tobacco-control laws, continued progress must be made to achieve the year 2000 national health objectives. For example, substantial progress is needed to fulfill the health objective to increase the number of state laws that either prohibit or restrict smoking to separately ventilated areas in work sites, restaurants, day care centers, and other public sites. Since the 1995 report, few states have passed new indoor smoking restrictions or strengthened existing ones. Eighteen states continue to have preemptive clean indoor air laws; therefore, the United States is unlikely to achieve the year 2000 national health objective to eliminate preemptive clean indoor air laws. In addition to the development and enactment of tobacco-control policies, enforcement and implementation of such policies are critical. Enforcement actions taken by state and local agencies might include fines, license removal, and other penalties. Implementation strategies include educational activities in support of the law, disseminating tobacco-use prevention materials to affected parties, and developing processes to ensure compliance with laws (79). Tobacco-control laws are an essential part of public health efforts to reduce the harmful effects of tobacco use. Price and tax increases reduce tobacco use among youths and adults. Indoor smoking restrictions have been demonstrated to reduce consumption of tobacco products. Compliance with minors' access laws substantially reduces illegal sales to minors and also might (if sales rates are low enough) impact the use of tobacco products by youths. A few studies have documented that comprehensive advertising bans decrease cigarette demand. In addition to the adoption and implementation of tobacco-control laws and policies, additional public health interventions are necessary for a comprehensive approach to effectively prevent and reduce tobacco use (5). For example, recent reports revealed that a tax increase on tobacco products combined with an antismoking campaign are more effective in sustaining the reduction in per capita cigarette consumption than a tax increase alone (81,82). Such antismoking campaigns include community-based prevention and educational programs, counteradvertising initiatives, and school-related interventions. In addition, interventions by the health-care system, in particular efforts to institutionalize delivery of tobacco-use cessation services, are critical (83). Substantial evidence exists regarding the impact of tobacco-control policies; however, evaluation of the impact of these policies is ongoing. CDC is continuing to evaluate state tobacco-control programs and policies to further clarify the role of different interventions and policies in the reduction of tobacco use. CDC also will monitor state tobacco-control policies to assess progress toward the year 2000 national health objectives. In addition, CDC will apply the lessons of Healthy People 2000 in the development of the tobacco objectives for Healthy People 2010. Finally, as other issues emerge as critical tobacco-control priorities (e.g., legislation requiring disclosure of ingredients and legislation addressing the multistate tobacco settlement), expansion of legislative tracking activities will be considered. Acknowledgments The authors thank Terry F. Pechacek, PhD, Associate Director for Science, and Donald J. Sharp, MD, Medical Officer, both with the Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, CDC, for scientific input; Liza A. Fues, JD, and Jessica E. Fulginiti, both with the MayaTech Corporation (a contractor with the National Cancer Institute) for review of legislative table updates; Michael D. Seserman, MPH, Public Health Prevention Service Specialist, CDC, and Scott Batchelor, MPH, TRW, for assistance with researching tobacco excise tax laws; Andrew K. Fishman, Intern, Association of Schools of Public Health, CDC, for assistance with researching advertising laws; and Paula L. Kocher, JD, and Shelley M. Langguth, JD, Office of the General Counsel, CDC, for legal review of this report. References
* Available at CDC website http://www.cdc.gov/tobacco. ** Available at CDC website http://www.cdc.gov/tobacco. *** Alabama, Arkansas, Colorado, Delaware, Idaho, Illinois, Kentucky, Maine, Minnesota, Montana, Nevada, New Jersey, Rhode Island, Texas, Utah. **** Delaware, Louisiana, Maine, Minnesota, Mississippi, Montana, New Hampshire, New Jersey, Oklahoma, Texas, Utah. ***** Alaska, Hawaii, Illinois, Maine, Massachusetts, New Hampshire, New Jersey, Oregon, Rhode Island, Utah, Vermont, Washington, Wisconsin. ****** Florida, Minnesota, Mississippi and Texas were not included because these states had previous settlements with the tobacco industry.
TABLE 1. Summary of state laws* by type of restriction and state, as of December 31, 1998 -- Continued
============================================================================================================================================================
Excise taxes
Smoke-free indoor air Minor's access to tobacco products ---------------------
---------------------------------------------------- ----------------------------------- Advertising Chewing
Government Private Sales and Vending of tobacco tobacco
State work sites work sites Restaurants Other sites+ distribution machines Licensing products Cigarettes and snuff
-------------------------------------------------------------------------------------------------------------------------------------------------
Alabama x x x x
Alaska x x x x x x x x
Arizona x x x x x x
Arkansas x x x x x x
California x x x x x x x x x
Colorado x x x x x x
Connecticut x x x x x x x x x
Delaware x x x x x x x x x
Florida x x x x x x x x x
Georgia x x x x x
Hawaii x x x x x x x
Idaho x x x x x x x
Illinois x x x x x x x x x
Indiana x x x x x x x
Iowa x x x x x x x x x
Kansas x x x x x x x x
Kentucky x x x x x
Louisiana x x x x x x x x
Maine x x x x x x x x x
Maryland x x x x x x x
Massachusetts x x x x x x x x
Michigan x x x x x x x x x
Minnesota x x x x x x x x x
Mississippi x x x x x
Missouri x x x x x x x x
Montana x x x x x x x x x
Nebraska x x x x x x x x x
Nevada x x x x x x x x x
New Hampshire x x x x x x x x x
New Jersey x x x x x x x x
New Mexico x x x x x
New York x x x x x x x x x
North Carolina x x x x
North Dakota x x x x x x x
Ohio x x x x x x x
Oklahoma x x x x x x x x
Oregon x x x x x x x
Pennsylvania x x x x x x x x
Rhode Island x x x x x x x x x
South Carolina x x x x x x
South Dakota x x x x x x
Tennessee x x x x x x
Texas x x x x x x x
Utah x x x x x x x x x x
Vermont x x x x x x x x x
Virginia x x x x x x
Washington x x x x x x x x
Washington, DC x x x x x x x x
West Virginia x x x x
Wisconsin x x x x x x x x x
Wyoming x x x x
Total 42 21 32 45 51 45 35 13 51 42
-------------------------------------------------------------------------------------------------------------------------------------------------
* Laws that have restrictions and/or require signs only.
+ Other sites include commercial and home-based day care centers, bars, shopping malls, grocery stores, enclosed arenas, public transportation, hospitals,
prisons, and hotels and motels.
============================================================================================================================================================
TABLE 2. States with laws on smoking in government work sites, as of December 31, 1998
=============================================================================================================================================================================================================================
Non- Local Penalties for first violation
Type of Minimum no. retaliation Written policy government Enforcement ----------------------------------- Signage
State restriction* of employees provision on smoking covered authority To business To smoker required
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska 2 No No No Yes Yes Fine of $20-$300 Yes Yes
Arizona 2+ No No No No No Petty offense Yes No
Arkansas 1& No No Yes No No@ No No No
California 3** 6 No No Yes No Fine up to $100 Yes Yes
Colorado 4++ No No No No Yes Corrective action, Yes Yes
disciplinary action,
or both
Connecticut 2+ 20 No No Yes No Infraction Yes Yes
Delaware 2 1 Yes@ Yes Yes Yes Fine of $25 Yes Yes
Florida 2+ No No Yes Yes Yes Fine up to $100 Yes Yes
Hawaii 4++ No No Yes Yes Yes Fine up to $500 No Yes
Idaho 4++ No No No No No No No No
Illinois 2 No No No Yes Yes No Yes Yes
Indiana 2 No No No Yes Yes No Yes Yes
Iowa 2 No No No Yes Yes Fine of $25 Yes Yes
Kansas 4@++ No No No Yes No@ No Yes Yes
Kentucky 1&& No No No No No No No No
Louisiana 2 25 No Yes No No@ No No Yes
Maine 2 No Yes Yes Yes Yes Fine up to $100 No No
Maryland 4 No No No No No No Yes No
Massachusetts 4@ No No@ No Yes No No No Yes@
Michigan 4@ No No Yes No Yes No No Yes
Minnesota 2 No No No No Yes No Yes Yes
Missouri 2 No No No No No Infraction Yes Yes
Montana 2 7 No No No Yes No No Yes
Nebraska 2 No No No No Yes No Yes Yes
Nevada 2 No No No Yes Yes Misdemeanor Yes Yes
New Hampshire 2 4 Yes Yes Yes No@ Fine of at least $100 Yes Yes
New Jersey 2 No No Yes Yes Yes No Yes Yes
New Mexico 2 15 No Yes Yes Yes Fine of $10-$25 Yes Yes
New York 2 No No Yes Yes Yes Fine up to $2,000@ Yes Yes
North Carolina 1@@ No No No No No No No No
North Dakota 2 No No No No No@ Fine up to $100 No Yes
Ohio 4++ No No No No No No No No
Oklahoma 2 No No No Yes Yes No No Yes
Oregon 2 No No No@ No No No No No
Pennsylvania 2 No No Yes Yes Yes@ Fine up to $50 Yes Yes
Rhode Island 2 No Yes Yes Yes Yes Fine of $50-$500 No Yes
South Carolina 2 No No No Yes Yes Misdemeanor; or fine Yes Yes
South Dakota 4++ No No No No No Corrective action, Yes Yes
disciplinary action,
or both
Utah 4 No No No Yes Yes Fine up to $100 Yes No
Vermont 2 No No No Yes Yes@ Fine of $100 Yes No
Virginia 2 No No No Yes Yes Fine up to $25 Yes Yes
Washington 4++ No No No Yes No No No No
Washington, DC 2 No No Yes No Yes Fine up to $300 Yes Yes
Wisconsin 2 No No No Yes No@ No Yes Yes
Wyoming 3++ No No No No Yes No No Yes
Total*** 42 7 4 14 26 26 24 28 33
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
ventilated, 4 = no smoking allowed (100% smoke free).
+ Legislation restricts smoking in government buildings but does not specify work sites.
& Requires smoking policy but does not specify smoking restrictions.
@ Correction from 1995 report.
** Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking
is allowed.
++ Smoking restricted by executive order.
&& State government work sites are permitted but not required to develop policies on tobacco.
@@ Smoking areas are required; nonsmoking areas are allowed.
*** Total number of state laws that have restrictions, enforcement, penalties, or signage.
NOTE: This table summarizes only those states that have legislative restrictions on smoking in government work sites. "Minimum no. of employees" indicates
whether the law requires a minimum number of employees at the work site for the law to be in effect. "Nonretaliation provision" indicates whether the law
protects an employee from retaliation for enforcing or attempting to enforce the law. "Written policy on smoking" indicates whether the law requires the
work site to establish written policies regarding the provisions of the law. "Local government covered" indicates whether work sites under the control of
political subdivisions of the state are covered by the law. "Enforcement authority" indicates whether the law designates a specific agency, department, office,
or governing body responsible for enforcing the law. "Penalties for first violation" indicates the penalty or fine imposed on a work site and whether smokers
are penalized for a first infraction. "Signage required" indicates whether the law requires signs to be displayed that describe the law.
=============================================================================================================================================================================================================================
TABLE 3. States with laws on smoking in private-sector work sites, as of December 31, 1998
=================================================================================================================================================================
Penalties for first violation
Type of Minimum no. Nonretaliation Written policy Enforcement --------------------------------- Signage
State restriction* of employees provision on smoking authority To business To smoker required
---------------------------------------------------------------------------------------------------------------------------------------------
California 3+ 6 No No No Fine up to $100 Yes Yes
Connecticut 2 20 No No No No No Yes
Delaware 2 1 Yes& Yes Yes Fine of $25 Yes Yes
Florida 2@ No No Yes Yes Fine up to $100 Yes Yes
Illinois 2@ No No No No No Yes& Yes
Iowa 2 No No No Yes Fine of $25 Yes Yes
Louisiana 2 25 No Yes No& No No Yes
Maine 2 No Yes Yes Yes Fine up to $100 No No
Minnesota 2 No No No Yes No Yes Yes
Missouri 2 No No No No Infraction Yes Yes
Montana 2 No No No Yes Fine up to $25 No Yes
Nebraska 2 No No No Yes No Yes Yes
New Hampshire 2 4 Yes Yes No& Fine of at least $100 Yes Yes
New Jersey 2 50 No Yes Yes No No Yes
New York 2 No No Yes Yes Fine up to $2,000& Yes Yes
Pennsylvania 2 No No Yes Yes& Fine up to $50 Yes Yes
Rhode Island 2 No Yes Yes Yes Fine of $50-$500 No Yes
Utah 2 No No No** Yes Fine up to $100 Yes No
Vermont 2 10 Yes Yes Yes Fine of $100 Yes No
Washington, D.C. 2 No No Yes Yes Fine up to $300 Yes Yes
Wisconsin 2 No No No No& No Yes Yes
Total++ 21 7 5 11 14 14 15 18
---------------------------------------------------------------------------------------------------------------------------------------------
* 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
ventilated, 4 = no smoking allowed (100% smoke free).
+ Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking is
allowed.
& Correction from 1995 report.
@ Restricts smoking in work sites but does not specify private-sector work sites.
** If 10 or more employees, written policy required.
++ Total number of state laws that have restrictions, enforcement, penalties, or signage (i. e., sign is posted indicating where smoking is prohibited).
NOTE: This table summarizes only those states that have legislative restrictions on smoking in private- sector work sites. "Minimum no. of employees" indicates
whether the law requires a minimum number of employees at the work site for the law to be in effect. "Nonretaliation provision" indicates whether the law
protects an employee from retaliation for enforcing or attempting to enforce the law. "Written policy on smoking" indicates whether the law requires the
work site to establish written policies regarding the provisions of the law. "Enforcement authority" indicates whether the law designates a specific agency,
department, office, or governing body responsible for enforcing the law. "Penalties for first violation" indicates the penalty or fine imposed on a work site
and whether smokers are penalized for a first infraction. "Signage required" indicates whether the law requires signs to be displayed that describe the law.
=================================================================================================================================================================
TABLE 4. States with laws on smoking in restaurants, as of December 31, 1998
===================================================================================================================================================================
Penalties for first violation
Type of Minimum seating Enforcement ---------------------------------------- Signage
State restriction* capacity+ authority To business To smoker required
-----------------------------------------------------------------------------------------------------------------------
Alaska 2 50 Yes Fine of $20-$300 Yes Yes
California 3& No No Fine up to $100 Yes Yes
Connecticut 2 75 No Infraction@ Yes Yes
Delaware 2 50 Yes Fine of $25 Yes Yes
Florida 2 50 (35) Yes Fine up to $100 Yes Yes
Hawaii 2 50 Yes Fine up to $20 Yes Yes
Idaho 2 30 Yes Fine up to $50 Yes Yes
Illinois 2 No No No Yes Yes
Iowa 2 50 Yes Fine of $25 Yes Yes
Kansas 2 No No@ No Yes Yes
Louisiana 1@** No No No No No
Maine 2 No Yes Fine of $100-$500 No Yes
Maryland 2 No (60)++ No No No No
Massachusetts 2 75 No@ No No Yes
Michigan 2 >50 (50); <50 (25) Yes Misdemeanor No Yes
Minnesota 2 No Yes No Yes Yes
Missouri 2 50 Yes Infraction Yes Yes
Montana 2 No Yes Fine up to $25 No Yes
Nebraska 2 No Yes No Yes Yes
Nevada 2 50 Yes Misdemeanor; fine up to $100 Yes No
New Hampshire 2 50 No@ Fine of at least $100 Yes Yes
New York 2 50 (70) Yes Fine up to $2,000@ Yes Yes
North Dakota 2 50@ No@ Fine up to $100 No Yes
Oklahoma 2 50 Yes No No Yes
Oregon 2 30 Yes Fine up to $100 No Yes
Pennsylvania 2 75 Yes Fine up to $50 Yes Yes
Rhode Island 2 50 Yes Fine of $50-$500 Yes Yes
Utah 4 No Yes Fine up to $100 Yes No
Vermont 4 No No No No No
Virginia 2 50 Yes Fine up to $25 Yes Yes
Washington 1 No Yes No No Yes
Washington, D.C. 2 50 (25) Yes Fine up to $300 Yes Yes
Wisconsin 2 50 No@ No@ Yes Yes
Total&& 31 22 22 22 22 28
-----------------------------------------------------------------------------------------------------------------------
* 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
ventilated, 4 = no smoking allowed (100% smoke free).
+ Minimum seating capacity required by most restrictive law; percentage of seats required to be in smoke- free area is in parentheses.
& Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking is
allowed.
@ Correction from 1995 report.
** Restaurants are permitted but not required to develop policies on smoking.
++ Maryland has no minimum seating requirement but requires restaurants of any size to have 60% of seats smokefree.
&& Total number of state laws that have restrictions, enforcement, penalties, or signage (i.e., sign is posted indicating where smoking is prohibited).
NOTE: This table summarizes only those states that have legislative restrictions on smoking in restaurants. "Minimum seating capacity" indicates whether
the law requires the restaurant to have a minimum number of seats for the law to be in effect and indicates in parentheses the percentage of seats required
to be smoke-free. "Enforcement authority" indicates whether the law designates a specific agency, department, office, or governing body responsible for
enforcing the law. "Penalties for first violation" indicates the penalty or fine imposed on a work site and whether smokers are penalized for a first infraction.
"Signage required" indicates whether the law requires signs to be displayed that describe the law.
===================================================================================================================================================================
TABLE 5. States with laws on smoking in commercial and home-based daycare centers, as of December 31, 1998
=====================================================================================================================================================================
Commercial day Home-based day Penalties for first violation*
care type of care type of Enforcement ---------------------------------------------
State restriction+ restriction+ authority To business To smoker
-------------------------------------------------------------------------------------------------------------------
Alaska 4 4& Yes Civil fine Yes
Arkansas 4 1@ Yes No Yes
California 4 2** No Infraction Yes
Delaware 4 1 No Fine of $25-$50 Yes
Florida 4 1@ Yes Fine up to $100 Yes
Georgia 4& 1 No No Yes
Hawaii 4& 4&** No No Yes
Illinois 4& 4&** No No No
Kansas 4& 1@ Yes Civil fine No
Louisiana 4 1@ Yes Fine $25-$50 Yes
Maine 2 2& No Fine up to $100 No
Massachusetts 2 1@ No No No
Michigan 4 4& No Fine $100-$1000; license revocation Yes
Minnesota 4& 4&** Yes Petty misdemeanor Yes
Missouri 4& 1@ No Infraction Yes
Nevada 2 1 Yes Misdemeanor Yes
New Hampshire 4& 1@ Yes Violation Yes
New Jersey 4++ 1 Yes License suspension/revocation No
New York 4 1 Yes Civil penalty Yes
North Dakota 4& 1@ Yes Class B misdemeanor Yes
Ohio 3 3& Yes License revocation No
Oklahoma 4 1@ Yes Fine of $50 No
South Carolina 4 1@ Yes Fine of $10-$25 Yes
South Dakota 2 2** No Petty offense Yes
Tennessee 2& 2& Yes Class B misdemeanor; fine of No
$0-$500
Utah 4& 4& Yes Fine up to $100 Yes
Virginia 2 1 Yes Fine up to $25 Yes
Washington, D.C. 2 1@ Yes Fine $10-$50 Yes
Wisconsin 4& 1@ Yes No Yes
Total&& 29 11 19 23 21
-------------------------------------------------------------------------------------------------------------------
* Penalties are for both commercial day care and home-based day care where applicable.
+ 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
ventilated, 4 = no smoking allowed (100% smoke free).
& Nonsmoking restrictions are in effect when children are on the premises.
@ Prohibits smoking in child care facilities; however, language does not specify home-based child day care.
** Correction from 1995 report.
++ Smoking restrictions are in effect when children are on the premises only. When children are not on the premises, smoking areas must be separately
ventilated.
&& Total number of state laws that have restrictions, enforcement, or penalties.
NOTE: This table summarizes only those states that have legislative restrictions on smoking in day care centers. "Enforcement authority" indicates whether
the law designates a specific agency, department, office, or governing body responsible for enforcing the law. "Penalties for first violation" indicate the penalty
or fine imposed on a work site and whether smokers are penalized for a first infraction.
=====================================================================================================================================================================
TABLE 6. States with laws on smoking in other sites,* as of December 31, 1998
======================================================================================================================================================
Shopping Grocery Enclosed Public Hotels
State Bars malls stores+ arenas transportation Hospitals Prisons and motels
-------------------------------------------------------------------------------------------------------------
Alaska 1 1 2 1 2 4 2 1
Arizona 1 1 1 1 2 2 1 1
Arkansas 1 1 1 1 1 2 1 1
California& 3 3 3 3 3 3 1 2
Colorado 1 1 1 2 2 2 1 1
Connecticut 1 1 2 1 2 2 1 1
Delaware 1 1 2 1 4 4 1 1
Florida 1 1 2 2 4 2 1 1
Georgia 1 1 1 1 4 1 1 1
Hawaii 1 1 2 1 2@ 2 1 1
Idaho 1 1 2 2 2** 2 1 1
Illinois 1 1 2 2 2 2 1 1
Indiana 1 1 1 1 1 2 1 1
Iowa 1 2 2 2 2 2 1 2
Kansas 1 1 2 2 4 2 1 1
Louisiana 1 1 1 1 4 2 1 1
Maine 1 2 2 2 2 2 1 1
Maryland 1 1 2 1 4 4 1 2
Massachusetts 1 1 4 1 2** 2 1 1
Michigan 1 1 2 2 2 3 1 1
Minnesota 1 1 2 2 2** 4 4++ 2
Mississippi 1 1 1 1 1&& 1 1 1
Missouri 2 2 2 2@@ 2 2 1 1
Montana 1 1 2 2 2** 2 1 1
Nebraska 2 1 2 2 2 2 1 1
Nevada 1 1 2 1 2 2 1 1
New Hampshire 1 2 2 2 4 4 2 2
New Jersey 1 1 4 1 4 2 1 1
New York 1 1 2 2 4 2 1 1
North Dakota 1 1 1 1 2 2 1 1
Ohio 1 1 1 1 2** 2 1 1
Oklahoma 1 1 1 2 2 2 1 1
Oregon 1 1 2 2 1 2 1 1
Pennsylvania 1 1 1 2 2 2 1 1
Rhode Island 1 1 2 1 4 2 1 1
South Carolina 1 1 1 2 4 2 1 1
South Dakota 1 1 1 1 2 2 1 1
Tennessee 1 1 1 1 1 2 1 1
Texas 1 1 1 1 2 2 1 1
Utah 1 4 4 4 4 2 1 2
Vermont 2 2 2 2 2 2 1 2
Virginia 1 1 2 2 4 2 1 1
Washington 1 2 2 2 2** 2 1 1
Washington, D.C. 1 1 2 1 4 2 1 1
West Virginia 1 1 1 1 4 1 4*** 1
Wisconsin 1 1 2 1 2** 4 1 1
Total+++ 4 8 30 23 41 43 4 7
-------------------------------------------------------------------------------------------------------------
* 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
ventilated, 4 = no smoking allowed (100% smoke free).
+ Because law does not always explicitly refer to grocery stores, restrictions on retail stores are often included here.
& Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking
is allowed.
@ Taxis only.
** Prohibits smoking on certain forms of public transportation but allows designated smoking areas on others.
++ State correctional facilities only.
&& Correction from 1995 report.
@@ Enclosed arenas with a capacity of 15,000 persons are exempt.
*** Applies to inmates held by regional facility authority in regional jails operated solely by the authority.
+++ Total number of state laws that have restrictions.
NOTE: This table summarizes only those states that have legislative restrictions on smoking in the specific sites.
======================================================================================================================================================
TABLE 7. States with laws on sales of tobacco products to minors, as of December 31, 1998
================================================================================================================================================================
Includes License
Minimum age chewing suspension or Penalties for first violation to Prohibits purchase,
for legal sale tobacco or Enforcement revocation for business owner, manager possession, and/or use by Signage
State (years) snuff authority violation and/or clerk minors required
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama 19 Both Yes No Fine of $10-$50 Purchase/Possession/Use No
Alaska 19 Both No Both Fine of at least $300 Possession* Yes
Arizona 18 Chewing No No Petty offense; fine up to $300 for an Purchase/Possession No
tobacco only individual and up to $1,000 for an
enterprise+
Arkansas 18 Both Yes Both Misdemeanor; fine of $100 No Yes
California 18 Both No No Fine of $200-$300; misdemeanor Purchase/Possession Yes
Colorado 18 Both Yes No Written warning Purchase Yes
Connecticut 18 Both Yes Both Fine up to $200 Purchase Yes
Delaware 18 Both Yes Suspension Fine of $250 Purchase Yes
Florida 18 Both Yes Both 2nd degree misdemeanor; fine of Purchase/Possession Yes
$500
Georgia 18 Both Yes No Misdemeanor Purchase Yes
Hawaii 18 Both No No Fine of $500 Purchase Yes
Idaho 18 Both Yes No Misdemeanor; imprisonment for Purchase/Possession/Use No
6 months and/or a fine of $300
Illinois 18 Both Yes No Petty offense; fine of $200 Purchase No&
Indiana 18 Both No No Class C infraction; fine up to $500 Purchase/Possession Yes
Iowa 18 Both Yes Both Simple misdemeanor; fine of $300 Purchase/Possession/Use No
Kansas 18 Chewing No Both Misdemeanor; fine of $200-$1,000 Purchase/Possession Yes
tobacco only
Kentucky 18 Both Yes No Fine of $100-$500 Purchase Yes
Louisiana 18 Both Yes Both Fine of $50-$500 Purchase/Possession@ Yes
Maine 18 Both Yes Both Fine of $50-$1500 Purchase/Possession/Use Yes
Maryland 18 Both No No Fine up to $300 Possession/Use No
Massachusetts 18 Both No No Fine of at least $100 No Yes
Michigan 18 Both No No Misdemeanor; fine up to $50 Possession/Use** Yes
Minnesota 18 Both Yes Suspension Fine of $75 Purchase/Possession/Use No
Mississippi 18 Both Yes Both $50 and a warning letter Purchase/Possession++ Yes
Missouri 18 Both No No Fine of $25 No Yes
Montana 18 Both Yes Both Verbal notification/warning; Possession/Use Yes
fine of $25
Nebraska 18 Both No Both Class III misdemeanor Use No
Nevada 18 Both Yes No Fine up to $500 No No
New Hampshire 18 Both Yes Both Civil Infraction; fine up to $250 Purchase/Possession/Use Yes
New Jersey 18 Both Yes Both Fine of $250 No Yes
New Mexico 18 Both Yes No Misdemeanor; fine up to $1,000 Purchase Yes
New York 18 Both Yes Suspension Fine of $100-$300 No Yes
North Carolina 18 Both No No Class 2 misdemeanor Purchase Yes
North Dakota 18 Both No No Class B misdemeanor; Use No
fine up to $500
Ohio 18 Both No No 4th degree misdemeanor; No Yes
fine up to $250
Oklahoma 18 Both Yes Suspension Fine of $100 Purchase/Possession Yes
Oregon 18 Both Yes No Fine of $100-$500 Possession Yes
Pennsylvania 18 Both No No Fine of at least $25 Possession/Use+&& No
Rhode Island 18 Both Yes Suspension Fine of $100 Purchase/Use@@ Yes
South Carolina 18 Both No No Misdemeanor; fine up to $25 No No
South Dakota 18 Both Yes No Class II misdemeanor Purchase/Possession/Use No
Tennessee 18 Both Yes No Class A misdemeanor; fine up to Purchase Yes
$2,500
Texas 18 Both Yes Both Class C misdemeanor; fine of $500 Purchase/Possession/Use Yes
Utah 19 Both Yes Both Fine up to $300 Purchase/Possession No
Vermont 18 Both Yes Both Fine up to $100 Purchase/Possession Yes
Virginia 18 Both Yes No Fine up to $100 Purchase/Possession Yes
Washington 18 Both Yes Both Fine of $100 Purchase/Possession Yes
Washington, D.C. 18 Both No Both Misdemeanor; fine of $100-$500 No Yes
West Virginia 18 Both Yes No Misdemeanor; fine of $10-$25 Possession/Use No
Wisconsin 18 Both No Suspension Fine up to $500 Purchase/Possession+ Yes
Wyoming 18 Both No No Misdemeanor; fine up to $50 Purchase/Possession/Use Yes
Total*** 51 32 24 51 42 36
----------------------------------------------------------------------------------------------------------------------------------------------------------------
* Except minors at adult correctional facilities.
+ Correction from 1995 report.
& Signage required for sale of tobacco accessories but not for tobacco.
@ Except persons who are accompanied by a parent, spouse, or legal guardian aged >= 21 years, or who are in a private residence.
** A person aged <18 years may not possess or use tobacco in any form in public places.
++ A pupil may not possess tobacco on school property.
&& A pupil may not possess or use tobacco on school property.
@@ A person aged <16 years may not smoke or chew in any public street, place, or resort.
*** Total number of state laws that have restrictions, enforcement, penalties, or signage (i.e., sign is posted indicating that it is illegal to sell tobacco
products to persons aged <18 years).
NOTE: This table summarizes the legislative restrictions and preemption relating to sale and distribution of tobacco products to minors for all states. The
table includes the minimum age for legal sale in years. "Includes chewing tobacco or snuff" indicates whether the laws also restrict sales and distribution
of chewing tobacco or snuff. "Enforcement authority" indicates whether the law designates a specific agency, department, office, or governing body responsible
for enforcing the law. The table also indicates whether retail licenses may be suspended or revoked for sale of tobacco products to minors; the penalties to
business owners, managers, and/ or clerks for first violation of the law; and whether purchase, possession, and/ or use of tobacco by minors is prohibited.
"Signage required" indicates whether the law requires signs to be displayed that describe the law.
================================================================================================================================================================
TABLE 8. States with laws on youth access to tobacco products through vending machines, as of December 31, 1998
=========================================================================================================================================================================
Banned from
locations
Restrictions accessible Limited Locking Enforcement Penalties to business for first
State on access to youth placement device Supervision authority violation Signage required
-------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska Yes Yes No No Yes No Fine of at least $300 No
Arkansas Yes No Yes No Yes Yes Misdemeanor; fine of $100 Yes
California Yes Yes No No No Yes Fine of $200-$300 No
Colorado Yes No Yes Yes No Yes Written warning Yes
Connecticut Yes No Yes No Yes Yes Fine of $250 Yes
Delaware Yes Yes No No Yes Yes Fine of $250 No
Florida Yes No Yes Yes Yes Yes Fine up to $1,000 No
Georgia Yes No Yes No Yes Yes Misdemeanor; fine up to $300 Yes
Hawaii Yes Yes No No No No Fine up to $1,000 Yes
Idaho Yes* No No No No No Misdemeanor; imprisonment No
up to 6 months or $300 or
both
Illinois Yes No Yes Yes Yes No No No
Indiana Yes No Yes Yes No No Class C infraction Yes
Iowa Yes* No No No No No+ No No
Kansas Yes No Yes Yes No Yes+ Misdemeanor; fine up to $1,000 No
Kentucky Yes No Yes No Yes Yes Fine of $100-$500 No
Louisiana Yes Yes No No Yes No Civil penalties $50-$500 Yes
Maine Yes No Yes No Yes Yes Fine of $100-$500 Yes
Maryland No No No No No No No Yes
Massachusetts No No No No No No No Yes
Michigan Yes Yes& No No Yes Yes Misdemeanor; fine up to $1,000 No
Minnesota Yes Yes No No No No No Yes
Mississippi Yes Yes No No No Yes Misdemeanor; fine of $20-$100 No
Missouri No No No No No No No Yes
Montana Yes Yes@ No No No Yes No No
Nebraska Yes Yes& No No No No Class III misdemeanor No
Nevada Yes No Yes** No No No No No
New Hampshire Yes No No Yes Yes No Fine of $100 Yes
New Jersey Yes No Yes++ No No No Fine of $250 Yes
New Mexico Yes Yes No No No Yes Misdemeanor; fine up to Yes
$1,000+
New York Yes Yes No No Yes Yes Fine of $100-$300 No
North Carolina Yes No Yes Yes Yes No Class 2 misdemeanor No
Ohio Yes No Yes No Yes No 4th degree misdemeanor No
Oklahoma Yes No Yes Yes Yes Yes No No
Oregon Yes Yes&& No No No No Fine up to $250 No
Rhode Island Yes No No Yes Yes No Fine of $75 Yes
South Dakota Yes Yes No No No Yes Class II misdemeanor Yes
Tennessee Yes No Yes Yes Yes Yes Class C misdemeanor No
Texas Yes Yes No No No No Class C misdemeanor; No
fine of $500
Utah Yes Yes No No No No Class C misdemeanor No
Vermont Yes Yes No No Yes Yes No Yes
Virginia Yes No Yes No Yes Yes Fine up to $100 Yes
Washington Yes Yes No No No Yes No No
Washington, D.C. Yes Yes& No No Yes Yes Fine up to $1,000 No
Wisconsin Yes No Yes No Yes No Fine up to $500 Yes
Wyoming Yes Yes No No No No Misdemeanor; fine up to $50 Yes
Total@@ 42 20 18 10 22 22 34 21
-------------------------------------------------------------------------------------------------------------------------------------------------------
* Requires businesses that have vending machines to ensure minors do not have access to the machines; however, law does not specify type of restriction
(e.g., limited placement, locking device, or supervision).
+ Correction from 1995 report.
& Allows vending machines in certain licensed establishments not listed in youth access law.
@ Except restaurants with a bar seating area.
** Restricts placement on elevators; public buses and school buses; waiting rooms of medical facilities or offices; grocery stores; child care centers; and
regional transportation maintenance facilities and offices only.
++ Restricts placement at schools only.
&& Exempts hotels and motels.
@@ Total number of state laws that have restrictions, enforcement, penalties, or signage (i. e., sign is posted indicating that it is illegal to sell tobacco products
to persons aged <18 years).
NOTE: This table summarizes only those states that have tobacco vending machine restrictions or require signs describing youth access restrictions to be
affixed to tobacco vending machines. "Restrictions on access" indicates whether there are any restrictions on youth access to these machines. States that
have a "no" in this column are included on this table because they have laws requiring that signs regarding youth access restrictions be affixed to tobacco
vending machines. "Banned from locations accessible to youth" indicates whether the law restricts the placement of vending machines to bars, cabarets,
factories, businesses, offices, or any other establishment not readily accessible to minors. "Limited placement" indicates whether vending machines are
banned from areas accessible to minors or are allowed in such areas only if the machines have locking devices (mechanical lock-out devices requiring tokens)
or are supervised (in plain view of an employee). "Enforcement authority" indicates whether the law designates a specific agency, department, office, or
governing body responsible for enforcing the law. The table also indicates the penalties to a business for first violation of the law. "Signage required" indicates
whether the law requires that signs describing youth access restrictions be affixed to the vending machines.
=========================================================================================================================================================================
TABLE 9. States with laws on retail licensing for sales of tobacco products, as of December 31, 1998
==================================================================================================================================================================
Retail Vending Machine
license ----------------------------
includes Over-the-counter License fee
Any retail chewing ------------------------ (machine
license tobacco or License License License Operator fee/fee
State required snuff required fee required per machine) Renewal frequency Penalties to business for violation
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama Yes Yes Yes No Yes No 1 year Fine of at least $200 misdemeanor;
license suspension or revocation
Alaska Yes No Yes $25 Yes $25/$0 1 year Misdemeanor; fine up to $2,000; license
suspension or revocation
Arkansas Yes Yes* Yes $20-$50+ Yes $100/$10 1 year Class C misdemeanor; license suspension
or revocation
Connecticut Yes No Yes $25 Yes $25-$1,000&/$0 1 year Fine up to $500; license suspension or
Revocation
Delaware Yes Yes Yes $15 Yes $0/$3 3 years Fine up to $1,000@; license suspension or
(over-the- Revocation
counter); 1 year
(vending
machine)
Florida Yes Yes Yes** Up to $50 Yes Up to $50++ 1 year Fine up to $500; license suspension or
revocation
Georgia Yes Yes Yes No Yes $0/$1 No (over-the- Fine of $25-$250; license suspension or
(vending counter); 1 year revocation
machine (vending
only) machine)
Iowa Yes No Yes $50-$100&& Yes $100/$0 1 year Fine of $50; license suspension or
revocation
Kansas Yes No Yes $12 Yes $0/$12 2 years Misdemeanor; fine up to $1,000; license
suspension or revocation
Kentucky Yes No No No Yes $25/$0 1 year Fine of $500
Louisiana Yes Yes Yes $75 Yes $75/$5 1 year Misdemeanor; fine of $50-$500; license
suspension or revocation
Maine Yes Yes Yes Up to $25 Yes $0/$25 No Fine of $300-$500
Maryland Yes No Yes $30 Yes $500/$0 ($200 1 year Misdemeanor; fine of $1,000; license
application fee; suspension or revocation
$30 renewal fee)
Massachusetts Yes Yes Yes $10@@ Yes $100/$5 2 years Fine up to $50; license
(over-the- Suspension or revocation
counter and
vending
machine); 1 year
(vending
machine
operator)
Michigan Yes Yes No No Yes $5-$100&/$0 1 year Fine of 100% of tax due, felony with fine
up to $5,000, or both; license
suspension or revocation
Minnesota Yes*** Yes No No No No No No
Mississippi Yes Yes Yes No No No 1 year License suspension or revocation
Montana Yes Yes Yes $5 Yes $5-$50&/$0 1 year Misdemeanor; fine up to $500; license
suspension or revocation
Nebraska Yes Yes Yes** $10-$25 Yes $10-$25++/$0 1 year Class III misdemeanor
Nevada Yes Yes Yes** No Yes No No Misdemeanor; license suspension or
revocation
New Hampshire Yes Yes Yes $10 Yes $70/$10 2 years Misdemeanor; fine up to $2,000 for
individuals and up to $20,000 for
corporations; license suspension or
revocation
New Jersey Yes No Yes $50 Yes $0/$50 1 year Fine up to $250; license suspension or
revocation
New York Yes Yes Yes $100 Yes $0/$25 1 year Fine up to $200 (over-the-counter); fine up
to $100 (vending machine)
North Carolina No+++ No No No No No No No
North Dakota Yes Yes Yes** $15 No $15/$0 1 year Class A misdemeanor; license suspension
or revocation@
Ohio Yes No Yes $25-$30& Yes $0/$25-$30& 1 year Misdemeanor; license suspension or
revocation
Oklahoma Yes No Yes $30 Yes $0/$50 3 years Fine up to $30
(over-the-
counter); 1 year
(vending
machine)
Pennsylvania Yes No Yes $25 Yes $25/$0 1 year Fine of $250-$1,000; license suspension
or revocation
Rhode Island Yes No Yes $25 Yes $100&&&/$25 No Fine up to $100; license suspension or
revocation
South Carolina Yes Yes No No Yes No No Fine of $20-$100
Texas Yes Yes@@@ Yes No Yes No 2 years Fine of $750
Utah Yes Yes Yes $30**** Yes $30/$0 3 years Class B misdemeanor; license suspension
or revocation
Vermont Yes Yes Yes $10 Yes $10/$0 1 year Misdemeanor; fine up to $200; license
suspension or revocation
Washington Yes No Yes $93 Yes $93/$30 Unspecified++++ Misdemeanor; license suspension or
revocation
Washington, D.C. Yes No Yes $15 Yes $0/$15 1 year Fine up to $1,000; license suspension or
revocation
Wisconsin Yes Yes (over- Yes $5-$100&& Yes $50/$0 1 year Fine of $25-$1,000; license revocation
the-counter
only)
Total&&&& 35 22 31 26 32 29 30 34
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Requires separate licenses for cigarettes and other tobacco products.
+ Based on monthly gross sales.
& Based on number of sites or vending machines operated.
@ Correction from 1995 report.
** Includes vending machines.
++ Only one fee required if more than one vending machine is operated under the same roof.
&& Based on size of locality.
@@ License fees determined annually by the department of revenue.
*** Cities and towns are required to license and regulate retail tobacco sales. County boards are required to license and regulate retail tobacco sales in
unorganized territories and in cities or towns that do not license or regulate retail tobacco sales.
+++ North Carolina, formerly coded yes in the 1995 report, is now coded no. A retail license exists for those retailers who manufacture their own tobacco
products or deal nontaxed tobacco products.
&&& Only if vending machine operator has >= 25 machines.
@@@ Retailers are allowed to sell both cigarettes and other tobacco products through a combination permit.
**** License fees determined by tax commission.
++++ Unspecified in law; might be specified elsewhere (e.g., state regulations).
&&&& Total number of state laws that have restrictions or penalties.
NOTE: This table summarizes only those states that require some form of retail licensure (i.e., either over-the-counter or vending machine). This table does
not include license requirements for tobacco wholesalers or distributors. "Any retail license required" indicates whether the law requires any person owning
a store that sells cigarettes at retail or operates a cigarette vending machine to obtain a license or permit. Whether an over-the-counter or vending machine
license is required is also specified. Vending machine licenses might include vending machine operators who supply vending machines to more than one
retail store. "Retail license includes chewing tobacco or snuff" indicates whether the license includes the sale of chewing tobacco or snuff. "License fee"
indicates whether a fee is required and the amount of the fee for over-the-counter licenses, vending machine operator licenses, or licenses per vending
machine. "Renewal frequency" indicates whether and how often licenses have to be renewed. The table also indicates the penalties to a business for violation
of the law.
==================================================================================================================================================================
TABLE 10. States with laws on tobacco advertising (excluding promotions), as of December 31, 1998
=======================================================================================================================================
Banned on state Restriction on public Restrictions on other
State Any restriction property transportation Near schools specific locations Other restriction
------------------------------------------------------------------------------------------------------------------------------------
Arizona Yes No No No Yes* No
California Yes Yes No Yes+ No Yes&
Illinois Yes No No No No Yes@
Indiana Yes No No Yes** No No
Kentucky Yes No No Yes++ No No
Louisiana Yes No No No No Yes&&
Michigan Yes No No No No Yes@
Nevada Yes No No No Yes* No
Pennsylvania Yes No No No No Yes&&
Tennessee Yes No No No Yes* No
Texas Yes No No Yes@@ Yes@@ No
Utah Yes No Yes No No Yes@***
West Virginia Yes No No No No Yes
Total+++ 13 1 1 4 4 7
------------------------------------------------------------------------------------------------------------------------------------
* Tobacco advertisements are not allowed on the back of school buses.
+ Advertising of tobacco products on outdoor billboards must be located 1,000 ft. away from schools or playgrounds.
& Video games.
@ Advertising of smokeless tobacco on printed materials must have warning labels.
** Advertising of tobacco products on outdoor billboards must be located 200 ft. away from schools.
++ No larger than 50 square feet and not less than 500 ft. away from a school.
&& Lottery tickets.
@@ Advertising of tobacco products on outdoor signs must be located 1,000 ft. away from schools or churches.
*** Banned.
+++ Total number of state laws including each type of provision.
NOTE: This table summarizes only those states that have legislative restrictions on advertising.
=======================================================================================================================================
TABLE 11. State tax on tobacco products and year most recent tax change became
effective, as of December 31, 1998
====================================================================================================
Cigarettes Chewing tobacco and snuff
------------------------------- ----------------------------------------------
Year most recent Year most recent
Tax (cents tax change tax change
State per pack)* became effective Tax became effective
--------------------------------------------------------------------------------------------------
Alabama 16.5 1984 3/4 per oz. (chew) 1984
1/2 per oz. (snuff)
Alaska 100 1997 75% of WP+ 1997
Arizona 58 1994 6.5 per oz. 1994
Arkansas 31.5& 1993 23% of MSP@ 1993
California 37 1994 29.37% of WSP**++ 1998
Colorado 20 1986 20% of MLP&& 1986
Connecticut 50 1994 20% of WSP 1989
Delaware 24 1991 15% of WSP 1987
Florida 33.9 1990 25% of WSP 1985
Georgia 12 1971 None NA@@
Hawaii 100 1998 40% of WSP 1965
Idaho 28 1994 40% of WSP 1994
Illinois 58 1997 18% of WSP 1995
Indiana 15.5 1987 15% of WSP 1987
Iowa 36 1991 22% of WSP 1991
Kansas 24 1985 10% of WSP 1972
Kentucky 3 1970 None NA
Louisiana 20 1990 None NA
Maine 74 1997 62% of WSP 1991
Maryland 36 1992 None NA
Massachusetts 76 1996 75% of WSP 1996
Michigan 75 1994 16% of WSP 1994
Minnesota 48 1992 35% of WSP 1987
Mississippi 18 1985 15% of MLP 1985
Missouri 17 1993 10% of manufacturer's 1993
invoice price
Montana 18 1993 12.5% of WSP 1993
Nebraska 34 1993 15% of purchase price*** 1988
Nevada 35 1989 30% of WP 1983
New Hampshire 37 1997 27.1% of WSP+++ 1998
New Jersey 80 1998 48% of WP 1998
New Mexico 21 1993 25% of product value*** 1986
New York 56 1993 20% of WSP 1993
North Carolina 5 1991 2% of cost*** 1991
North Dakota 44 1993 28% of WPP&&& 1993
Ohio 24 1993 17% of WSP 1993
Oklahoma 23 1987 30% of factory list price 1985
Oregon 68 1997 65% of WSP 1997
Pennsylvania 31 1991 None NA
Rhode Island 71 1997 20% of WSP 1992
South Carolina 7 1977 5% of MP@@@ 1968
South Dakota 33 1995 10% of WPP 1995
Tennessee 13 1971 6% of WSP 1972
Texas 41 1990 35% of MLP 1990
Utah 51.5 1997 35% of MSP 1986
Vermont 44 1995 41% of WP 1995
Virginia 2.5 1966 None NA
Washington 82.5 1996 74.9% of WSP 1993
Washington, D.C. 65 1993 None NA
West Virginia 17 1978 None NA
Wisconsin 59 1997 20% of MLP 1981
Wyoming 12 1989 None NA
--------------------------------------------------------------------------------------------------
* Twenty cigarettes per pack.
+ Wholesale price.
& If the state does not appropriate adequate funds for breast cancer research and control, 2.5 per
pack is added (1997).
@ Manufacturer's selling price.
** Rates determined by the State Board of Equalization.
++ Wholesale sales price.
&& Manufacturer's list price.
@@ Not applicable.
*** Definition and/or legislative language indicates that unit is equivalent to manufacturer's price.
+++ Imposes tax at a rate proportional to the cigarette tax.
&&& Wholesale purchase price.
@@@ Manufacturer's price.
====================================================================================================
TABLE 12. Preemption provisions in effect as of December 31, 1998
==========================================================================================================================================================
Smoke-free indoor air Minors' access Marketing
---------------------------------------- ---------------------------------- ------------------------------
Any Government Private work Sales to Vending
State preemption work sites sites Restaurants youth machines Distribution Sampling Display Promotion
----------------------------------------------------------------------------------------------------------------------------------------------
California x x x x x x
Connecticut* x x x x
Delaware x x x x x x x x
Florida x x x x
Illinois+ x x x x
Indiana x x x x
Iowa x x x x x x x
Kentucky* x x x x x
Louisiana x x x x x x x
Massachusetts& x
Michigan+ x x x
Mississippi x x x x
Montana x x x x x
Nevada x x x x x x x x x
New Jersey@ x
New Mexico x x x x x
New York x x
North Carolina x x x x x x x x
Oklahoma x x x x x x x x
Oregon x x
Pennsylvania x x x x
South Carolina* x x x x x
South Dakota x x x x x x x
Tennessee x x x x x x x x x x
Utah x x x x
Virginia x x x x
Washington x x x x x
West Virginia+ x
Wisconsin x x x x
Wyoming x x x
Total** 30 16 14 16 19 12 17 7 6 7
----------------------------------------------------------------------------------------------------------------------------------------------
* Correction from 1995 report. Connecticut, Kentucky, and South Carolina were previously listed as having preemption in clean indoor air for government
work sites, private-sector work sites, or restaurants.
+ Illinois, Michigan, and West Virginia have preemptive clauses regarding labeling of smokeless tobacco products.
& Massachusetts' preemptive clause only pertains to the sale of cigarette rolling papers.
@ New Jersey's preemptive clause only pertains to smoking in health-care facilities or in offices of persons performing the healing arts.
** Total number of state laws including each type of provison.
==========================================================================================================================================================
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