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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: [email protected]. Type 508 Accommodation and the title of the report in the subject line of e-mail. State Laws on Tobacco Control -- United States, 1995Dana M. Shelton, M.P.H. (1) Marianne Haenlein Alciati, Ph.D. (2) Michele M. Chang (1) Julie A. Fishman, M.P.H. (1) Liza A. Fues, J.D. (3) Jennifer Michaels, M.L.S. (1) Ronald J. Bazile (3) James C. Bridgers, Jr. (3) Jacqueline L. Rosenthal, M.P.A. (1) Lalitha Kutty, M.S. (3) Michael P. Eriksen, Sc.D. (1)
Abstract Problem/Condition: State laws on smoke-free indoor air, youth access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products are summarized. Reporting Period Covered: Legislation effective through June 30, 1995. Description of System: CDC and the National Cancer Institute (NCI) identified state laws addressing tobacco control by using LEXIS, which is an on-line legal research data base, and NCI's State Cancer Legislative Database (SCLD), which is a data base of legislation. CDC and NCI conducted detailed analyses of the content of the laws to identify specific provisions. Results: CDC and NCI identified 1,238 state laws that address tobacco-control-related issues. Most laws either enact restrictions or strengthen current legislation that restricts tobacco use, sales to minors, or advertising; however, some laws preempt stronger measures by local ordinances. At the state level, forty-six states and Washington, DC require smoke-free indoor air to some degree or in some public places. All states prohibit the sale and distribution of tobacco products to minors, but only nine states restrict advertising of tobacco products. All states tax cigarettes (average excise tax is 31.5[ per pack); 42 states also tax chewing tobacco and snuff. Interpretation: State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. Actions Taken: The tables summarizing these laws are available through CDC's State Tobacco Activities Tracking and Evaluation (STATE) system and through NCI's SCLD. This information can be used by policy makers at the state and local levels to plan and implement initiatives on youth access to tobacco products and on the use, promotion, advertising, and taxation of tobacco products. INTRODUCTION The first Surgeon General's report linking smoking to disease was published in 1964 (1). In the 30 years since that report was released, progress has been made in educating the public about the dangers of tobacco use, and federal, state, and local agencies have implemented plans to discourage tobacco use (2,3). For example, national health objectives have been established to reduce tobacco use as well as to reduce exposure to environmental tobacco smoke (ETS) by the year 2000. These objectives set specific, measurable goals for preventing the initiation of tobacco use (especially among young persons), promoting tobacco-use cessation and developing public policies that address smoke-free air, preemption, tobacco advertising, and excise taxes on tobacco products (4). Efforts to reduce tobacco use historically focused on smoking cessation, reflecting a reliance on the individual-based medical model. However, the impact of these interventions has been limited. More recently, tobacco-use prevention and reduction efforts have relied on a public health or environmental approach. Such an environmental approach includes changing public policies regarding tobacco use (2,5). By regulating the sale and use of tobacco and by increasing taxes on tobacco products, states have contributed toward efforts to achieve year 2000 national health objectives, consequently reducing the burden of diseases attributable to tobacco use (4,6). This report summarizes 1,238 state laws that address tobacco use, effective as of June 30, 1995. METHODS This report identifies four primary aspects of tobacco control laws in each state: smoke-free indoor air, youth access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. (In this report, the term "states" includes Washington, DC). State laws are reported for all four topics as well as executive orders for smoke-free indoor air in government work sites, effective as of June 30, 1995. Some states enacted legislation before June 30, 1995, that did not become effective until after June 30, 1995, and thus is not included in this report. In addition, although state regulations carry the same authority as state laws, this report does not address regulations for tobacco control. Identifying Tobacco-Related State Laws Laws were identified through two data sources: LEXIS, which is an on-line legal research data base, and the National Cancer Institute's (NCI) State Cancer Legislative Database (SCLD). In LEXIS, CDC searched three subfiles: the BillTrack system, which provides a synopsis and the status of bills from the current legislative session, including notice of enactment within 2 days; the Advanced Legislative Service (ALS) system, which provides full text of enacted legislation until codified (i.e., formally inserted into state codes); and the data base of codified law, which provides the full text of codified laws. The main source for assessing the current status of law was the data base of codified laws. However, because the time during which a law is codified varies across states, CDC used the BillTrack and ALS subfiles to obtain information about more recent state laws. The governor's office in each state identified executive orders for smoke-free indoor air in government work sites. NCI's SCLD is a data base of legislation addressing several topics on cancer control, including tobacco. Before entry into SCLD, pending and enacted legislation related to tobacco control are identified through StateNet, which is a legislative reporting service, and through original research. Hard copies of state laws are obtained from state legislative offices. From these, detailed abstracts are developed, key word assignments are made, and completed abstracts are entered into SCLD. Key word searches were used to identify relevant legislation for analysis. Developing the Matrices For each of the four topics, CDC identified substantive provisions of state laws. CDC and NCI determined the presence or absence of provisions by reviewing the laws and abstracts obtained through LEXIS and SCLD. Tobacco control personnel in state health departments reviewed and commented on the matrices. After the preliminary review, NCI obtained information from the U.S. Library of Congress and local law libraries to answer any remaining questions. CDC and NCI independently reviewed specific provisions within each matrix to identify discrepancies between the two systems; these discrepancies were resolved through discussion to develop consensus on common interpretations. When differences in interpretation were difficult to resolve, advice from public health professionals and tobacco control experts was solicited. Categorizing Locations and Restrictions States define public places differently and impose different restrictions on smoking in these locations. Thus, comparison across laws based on public places, broadly defined, is difficult. For this reason, locations were categorized as government work sites; private-sector work sites; restaurants; and other sites, which include bars, child day care centers, home-based child day care, shopping malls, grocery 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, youth access to tobacco products, and advertising of tobacco products as well as which states tax cigarettes and chewing tobacco or snuff Table_1. Smoke-Free Indoor Air Because of concerns about the effects of exposure to ETS, public places have become the focus of state policies restricting smoking. Although many states now restrict smoking in public places, state law definitions of "public places" vary. Furthermore, 17 states have laws that preempt, in some instances, provisions of more stringent policies at the local level. Preemptive legislation is defined as legislation that prevents any local jurisdiction from enacting restrictions that are more stringent than the state law or restrictions that may vary from the state law. As of June 30, 1995, 47 states required smoke-free indoor air to some degree or in some public places that are discussed in this report. Four states (Alabama, Kentucky, North Carolina, and Tennessee) have either no legislation or legislation that preempts localities from enacting any law to restrict smoking in public places. For smoke-free indoor air, laws categorized as "2" that require designated smoking areas, do not allow individual sites covered under the law to prohibit smoking. However, laws categorized as "2" that allow designated smoking areas provide the option for individual sites to prohibit smoking. These laws are categorized as "2" because the minimum protection mandated is designated smoking areas (Table_2A Table_2B Table_2C Table_2D). Laws on smoke-free indoor air in public sites are summarized in this report (Table_2A Table_2B Table_2C Table_2D). Government Work Sites Forty-one states have laws restricting smoking in state government work sites Table_2A: 32 limit smoking to designated areas, two require either no smoking or designated smoking areas with separate ventilation, and seven completely prohibit smoking. Seven of these state laws require a minimum number of employees for the restriction to be implemented. Twenty of the 41 state laws authorize levying penalties to both the work site and the smoker for first violation, five the work site only, and four the smoker only. Of state laws that restrict smoking in government work sites, 73% also designate an enforcement authority. In Kentucky and North Carolina, state government work sites are permitted but not required to develop policies on smoking. Private Work Sites In contrast, only 21 state laws restrict smoking in private work sites Table_2B; of these, only California's law requires either no smoking or separate ventilation for smoking areas. Seven of these 21 state laws mandate designated smoking areas only in work sites that have a minimum number of employees. Eleven states penalize both the work site and the smoker for first violation, four penalize the work site only, and two penalize the smoker only. Seventy-six percent of state laws that restrict smoking in private-sector work sites also designate an enforcement authority (e.g., a state department of health or labor). Restaurants Thirty-one states have laws that regulate smoking in restaurants Table_2C; of these, only Utah's law completely prohibits smoking in restaurants, and only California's law requires either no smoking or separate ventilation for smoking areas. Many state laws exempt small restaurants, generally those with a seating capacity of fewer than 50 persons, from smoking regulations. Eighteen state laws penalize both the restaurant and the smoker for first violation, five penalize the restaurant only, and five penalize the smoker only. Most states (84%) that have laws restricting smoking in restaurants also designate an enforcement authority (e.g., the state department of health). Other Sites Some states have laws that regulate smoking in other locations Table_2D. For example, more than one half of states have laws that restrict smoking in child day care centers. Of those that do, 12 prohibit smoking at all times or require separately ventilated areas, nine prohibit smoking only when children are present, and six require only that the centers designate smoking areas. Forty-two states restrict smoking in hospitals, 42 on selected forms of public transportation, 30 in grocery stores, and 23 in enclosed arenas. Few states have laws that restrict smoking in bars, home-based child care centers, shopping malls, prisons, or hotels and motels. Youth Access to Tobacco Products Sale and Distribution Laws pertaining to the sale of tobacco products to young persons are summarized Table_3A. All states prohibit the sale and distribution of tobacco products to persons under 18 years of age, and 35% of states designate an enforcement authority in the legislation Table_3A. In Alabama, Alaska, and Utah, 19 years is the minimum age for sale of tobacco products. In Pennsylvania, sales of any tobacco products to persons under age 18 years is prohibited, and 21 is the minimum age designated specifically for the sale of cigarettes. All state laws penalize the business owner, manager, and/or clerk for first violation. Fourteen state laws include the possibility of suspension or revocation of a license to sell tobacco products for violation of youth access laws. Exceptions to laws on the sale and distribution of tobacco products to minors occur in Minnesota, where tobacco samples may be distributed for use in traditional American Indian ceremonies; in Utah, where tobacco samples may be distributed at professional conventions; in Alaska and California, which exempt minors in correctional facilities from these prohibitions; and in Arizona and Kansas, which exempt snuff from these prohibitions. A total of 32 state laws prohibit purchase, possession, or use of tobacco products by minors. Sixteen state laws preempt restrictions at the local level on the sale and distribution of tobacco products to minors. Vending Machines Restrictions on vending machine sales of tobacco products are indicated Table_3B. Although no state has completely banned the sale of tobacco products through vending machines, none allow such sales to minors, and 32 states provide additional restrictions to reduce youth access to vending machines Table_3B. Twelve states ban vending machines from areas accessible to young persons and allow placement in bars, liquor stores, adult clubs, and other adult-only establishments. In Alaska, Michigan, New York, Vermont, and Washington, DC, supervision of vending machines is required even though they are banned from areas accessible to minors. An additional 18 states limit placement to areas inaccessible to minors unless the machines have locking devices, are supervised, or both. Florida's law has no restrictions on placement of vending machines but requires supervision in all locations at all times. New Jersey's law prohibits tobacco vending machines in schools only, and Nevada's law prohibits them in child day care centers, medical facilities, and several other public places. Twenty-three state laws penalize the business for first violation, but in Maryland, retailers are not held liable if tobacco products are sold to minors through vending machines that display age-of-sale requirements Table_3B. Oregon law contains a specific preemption on local vending machine restrictions Table_3A. Licensing Laws pertaining to retail licensing for the sale of tobacco products are summarized Table_3C. Thirty-three state laws require some form of retail licensure for the sale of tobacco products Table_3C. Eighteen state laws include chewing tobacco, snuff, or both in their licensing requirements. In North Carolina, a retail license is required to sell all tobacco products except cigarettes. All state laws that require businesses to be licensed to sell tobacco products also penalize businesses for violation of licensing requirements. Advertising Tobacco Products Only nine states have laws that restrict the advertising of tobacco products Table_4. California's law bans tobacco advertising on state government property and on video games, and the laws in Louisiana and Pennsylvania ban advertising on lottery tickets. Utah's law restricts tobacco advertising on public transportation, requires health warnings on print ads for smokeless tobacco in magazines published in the state, and bans tobacco advertising on billboards. In Kentucky and Texas, the size or placement of billboards near schools or churches is restricted. In Illinois, Michigan, and West Virginia, a health warning is required to be displayed on all billboards that advertise smokeless tobacco. Excise Taxes on Tobacco Products All states tax cigarettes; the average tax is 31.5[ per pack and ranges from 2.5[ per pack in Virginia to 75[ per pack in Michigan Table_5. In all states, the tax is a fixed amount, not a percentage of the price per pack. Forty-two states also tax smokeless tobacco products. DISCUSSION Statewide enforcement efforts, preemptive legislation, court decisions, and federal legislation all influence the impact of state tobacco-control legislation. This section will highlight the importance of state legislation, the protection afforded by laws, and the influence of other factors on the effects of these laws. Smoke-Free Indoor Air Restrictions on smoking in public places are designed to reduce or eliminate the public's exposure to ETS, which is a known human carcinogen (7,8). A total of 79 state laws pertaining to smoke-free indoor air have been enacted since January 1, 1991; some have strengthened existing restrictions on smoking. Many local governments also have taken action to protect the public from exposure to ETS. As of September 1992, a total of 543 cities and counties nationwide had adopted restrictive smoking laws (9). Although they are not discussed in this report, state regulations offer additional protection from exposure to ETS. For example, regulations adopted in Maryland prohibit smoking or limit it to separately ventilated areas in work sites, which are broadly defined. The U.S. Congress and federal agencies also have taken action to reduce exposure to ETS. The Pro-Children Act of 1994 (20 USC 6081-6084) requires persons and/or federal agencies that provide services to children in indoor facilities (e.g., schools, libraries, day care, health care, and early childhood development settings) to prohibit smoking in those facilities if they are regularly or routinely used for the delivery of such services to children (10). In March 1994, the U.S. Department of Defense prohibited smoking in its facilities worldwide (11). In addition, the Occupational Safety and Health Administration has proposed standards, including restrictions on exposure to ETS, for indoor air quality in the workplace (12). Private companies also have acted to protect workers from ETS: 59% of work sites having more than 50 employees and 85% of companies having 100-749 employees have established formal policies restricting smoking in work sites (13). The tobacco industry has successfully countered tobacco control policies by promoting preemptive state laws that prevent local jurisdictions from enacting restrictions more stringent than the state law, restrictions at variance with the state law, or related restrictions (9,14). As of June 30, 1995, 17 of the state laws on smoke-free indoor air contained preemptions (Table_2A Table_2B Table_2C). Preemptions diminish the protection generally afforded by stronger local regulations and discourage local control of tobacco use and exposure to ETS (9,14) . Additionally, preemptions limit, at the local level, educational efforts and forums for public debate, which are important to changing attitudes about tobacco use and exposure to ETS (14). Youth Access to Tobacco Products Despite laws in every state that prohibit the sale of tobacco products to persons under 18 years of age, most young smokers are able to purchase tobacco products. Underage buyers are able to purchase tobacco products from retail outlets approximately 73% of the time and from vending machines approximately 96% of the time (15,16). The ease with which adolescents can purchase tobacco products is documented (17-19) and underscores the need for strong enforcement of prohibitions (18,19). In July 1992, Congress enacted Section 1926 of the Public Health Service Act (the Synar Amendment), which requires states to enact legislation restricting the sale and distribution of tobacco products to minors as a condition of receiving Federal substance abuse prevention and treatment block grant funds. Under this provision, states are also required to enforce these laws in a manner "that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18" (20). Although the visibility and enforcement of youth access laws has increased since July 1992, many states have enacted new legislation or amended existing laws that have weakened current laws regarding youth access to tobacco products. Since July 1992, a total of 30 state legislatures have passed additional laws to prevent youth access; of these, 10 preempt more stringent laws on the local level. Further, more than one half (63%) of all state youth access laws that contain preemption provisions have been enacted since July 1992. Local action by communities has proven to be effective in enforcing youth access legislation and reducing tobacco use among young persons (18,21). However, the tobacco industry has been equally successful in weakening local control and community involvement through state laws containing preemption provisions (9,14,18). In August 1995, the Food and Drug Administration (FDA) proposed restricting youth access to tobacco products and reducing the advertising and promotional activities that make these products appealing to young persons. The FDA proposal would not preempt more stringent state and local restrictions (22). Specifically, the proposed restrictions regarding youth access would establish 18 years of age as the Federal minimum age for sale and would prohibit sales of tobacco products through vending machines, free samples, mail-order sales, and self-service displays. Retailers also would be required to verify age of purchaser by means of photographic identification, and limit sales to face-to-face activity (22). To spur individual and community action to reduce youth access to tobacco products, CDC and the Center for Substance Abuse Prevention are implementing a multi-media education program, Stop the Sale -- Prevent the Addiction, that incorporates both addiction and health consequences as part of the comprehensive educational approach. The program focuses on building support for local enforcement efforts and also informs community leaders about the pervasiveness and appeal of tobacco advertising and promotions. Advertising Tobacco Products In 1993, the tobacco industry spent more than $6 billion for cigarette advertising and promotion, an increase of 15.4% from 1992 (23). The smokeless tobacco industry spent more than $119 million on advertising and promotion in 1993, a 3.5% increase from 1992 (24). Tobacco advertising creates a climate that increases the social pressure on young people to use tobacco by implying that using tobacco promotes independence, adventure, and glamour (15). Such advertising diminishes awareness of the addictive nature of tobacco and its substantial health risks (15). In 1993, the three most heavily advertised brands (Marlboro, Camel, and Newport) were those most commonly purchased by adolescent smokers, which suggests that cigarette advertising influences adolescents' brand preferences (25). Section 5(b) of the Federal Cigarette Labeling and Advertising Act (15 USC 1331-1340) states that "no requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter" (26). Many states and localities have restrictions protecting their citizens, particularly children, from exposure to tobacco advertising. These laws often restrict tobacco advertising near schools and in other places where exposure to children is high. The tobacco industry has challenged the legality of such restrictions. A recent challenge was made to a Baltimore, Maryland, ban on tobacco-products billboards that are located in areas with high exposure to minors; the courts upheld the ban (Penn Advertising of Baltimore, Inc., v. the Mayor and the City of Baltimore et al., 862 F. Supp. 1402 {D.Md.1994}aff'd,63F.3d 1318{4th Cir.1995}). The Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 USC 4401-4408) exempts outdoor billboard advertising of smokeless tobacco from displaying health warnings, but does not preempt state regulation of billboard ads (27). Three state laws require that health warnings be displayed on such advertisements. The FDA proposed rule would represent a federal policy on restricting advertising and promotions directed towards young persons. The proposed rule, if adopted, would limit advertising and labeling to which children and adolescents are exposed by banning outdoor advertising within 1,000 feet of schools and playgrounds; restricting other ads to black-and-white, text-only format. Advertising that appears in magazines and other publications with a substantial youth readership (more than 15% or two million young persons) also would be in the black-and-white, text-only format, but publications read primarily by adults would not be subject to this requirement. Furthermore, the proposed rule also would prohibit the distribution of non-tobacco items (e.g., t-shirts and hats) that bear tobacco brand names or imagery, and would restrict sponsorship of sporting and cultural events in the brand name of a tobacco product. In addition, manufacturers would be required to establish and maintain a national public education campaign aimed at reversing and reducing the appeal of pro-tobacco messages to young persons (22). Excise Taxes on Tobacco Products Changes in the price of tobacco products can substantially affect how many persons use tobacco and how much they use. Price increases encourage current smokers to quit and discourage adolescents from starting, ultimately preventing millions of premature deaths and saving billions of dollars in health-care costs (15,28,29). For example, in 1989, California voters approved Proposition 99, which increased the state's cigarette excise tax by 25[ per pack. Evidence strongly suggests that this price increase played a substantial role in the decline in per capita cigarette consumption among adults in California (30). Local jurisdictions often have additional levies to the state and federal cigarette excise taxes. By June 1994, 450 cities, towns, and counties had levied cigarette taxes that totaled $184 million in local revenues (31). The average price of cigarettes was 27.9[ per pack in 1964 and $1.69 per pack in 1994; however, tax as a percentage of retail price was 49.8% in 1964 and 31.4% in 1994 (31). Thus, during this period, the real price of cigarettes increased mainly because of price increases by tobacco manufacturers (18). Tobacco companies are now making cigarettes more affordable by introducing generic cigarette brands and lowering prices on premium brands. CONCLUSION As the focus of tobacco control has expanded to include community-based as well as individual-centered interventions, state initiatives have become increasingly important. Health legislation is intended to protect the public's health by establishing standards and restricting dangerous practices, but these laws also can help prevent disease and promote healthy behaviors (32). Enactment of laws affecting use, promotion, advertising, and taxation of as well as access to tobacco may influence public attitudes regarding the social desirability and acceptability of tobacco use. Thus, laws may shift social norms to be less supportive of tobacco use and therefore encourage changes in individual behavior (6,32). Policies sensitive to public attitudes also can reflect the public's changing attitudes over time. Because tobacco use is the leading preventable cause of death in the United States, approaches that involve both educating the public regarding the hazards of use and developing tobacco-control policies are relevant. Public health policies that prevent tobacco addiction among young persons and also protect nonsmokers from exposure to ETS can play a prominent role in improving the health of the nation. Acknowledgment The authors thank Gary A. Giovino, Ph.D., Peter Fisher, Francoise Arsenault, J.D., Stephen Ballard, J.D., Anne Marie Broomfield, M.P.P., Jean-Marie Sylla, Jr., Jennifer Cohen, M.A., Ruth Fischer, M.H.S.A., Alice A. DeVierno, M.L.S., Michael Siegel, M.D., Scott Smith, and Michelle Hawkins for their contributions to the legislative analysis and to this article. The authors also thank Barbara S. Gray, M.Ln., and Elizabeth L. Hess for their technical editing and writing contributions. References
Table_1 Note: To print large tables and graphs users may have to change their printer settings to landscape and use a small font size.
TABLE 1. Summary of state laws * by type of restriction and state
======================================================================================================================================
Excise taxes
Smoke-free indoor air Youth access to tobacco products -----------------------------
-------------------------------------------- ---------------------------------- Advertising Chewing
Government Private Restau- Other Sales and Vending of tobacco tobacco and
State work sites work sites rants sites Distribution machines Licensing products Cigarettes snuff
--------------------------------------------------------------------------------------------------------------------------------------
Alabama x x x x
Alaska x x x x x x x x
Arizona x x x x x
Arkansas x x x x x x
California 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
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
Indiana x x x x x x
Iowa x x x x x x x x x
Kansas 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
Maryland 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
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
New x x x x x x x x
Hampshire
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
South
Carolina x x x x x x
South
Dakota x x x x x x
Tennessee x x x x
Texas 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 41 21 32 45 51 37 33 9 51 42
--------------------------------------------------------------------------------------------------------------------------------------
* Laws that have restrictions and/or require signs only. Preemptive state laws
are included in tables 2A-2C, 3, and 4.
======================================================================================================================================
Return to top. Table_2A Note: To print large tables and graphs users may have to change their printer settings to landscape and use a small font size.
TABLE 2A. States with laws on smoking in government work sites, as of June 30, 1995
===========================================================================================================================================================
Penalties for first violation
Minimum Non- Written Local -----------------------------
Type of no. of retaliation policy on government Enforcement To To Signage
State restriction * employees provision smoking covered Authority business 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 Yes 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 No No Yes
Delaware 2 @ 1 No Yes Yes Yes Fine of $25 Yes Yes
Florida 2 + @ No No Yes Yes Yes Fine up to $100 Yes Yes
Hawaii 2 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 No Yes
Indiana 2 No No No Yes Yes No Yes Yes
Iowa 2 @ No No No Yes Yes Fine of $25 Yes Yes
Kansas 2 No No No Yes Yes Fine up to $50 Yes Yes
Kentucky 1 @ No No No No No No No No
Louisiana 2 @ 25 No Yes No Yes No No Yes
Maine 2 No Yes Yes Yes Yes Fine up to $100 No No
Massachusetts 2 No Yes No Yes No No No No
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 Yes 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 Possible fine Yes Yes
North Carolina 1 @ No No No No No No No No
North Dakota 2 No No No No Yes 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 Yes No No No No No
Pennsylvania 2 @ No No Yes Yes No 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
Tennessee 1 @ No No No No No No No No
Utah 4 @ No No No Yes Yes Fine up to $100 Yes No
Vermont 2 No No No Yes No Fine of $100 No No
Virginia 2 @ No No No Yes Yes Fine up to $25 Yes Yes
Washington 4 ++ No No No No No No No No
Washington, DC 2 No No Yes Not Yes Fine up to $300 Yes Yes
applicable
Wisconsin 2 No No No Yes Yes Fine up to $10 Yes Yes
Wyoming 3 ++ No No No No Yes No No Yes
Total && 41 7 4 15 25 30 25 24 32
-----------------------------------------------------------------------------------------------------------------------------------------------------------
* 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.
@ Preemptive law enacted.
** 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.
&& 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 government work sites or preempt localities from enacting such
legislation. "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. "Non-
retaliation 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.
===========================================================================================================================================================
Return to top. Table_2B Note: To print large tables and graphs users may have to change their printer settings to landscape and use a small font size.
TABLE 2B. States with laws on smoking in private work sites, as of June 30, 1995
==============================================================================================================
Penalties for
Minimum Non- Written first violation
Type of no. of retaliation policy on Enforcement ---------------------- Signage
State restriction * Employees provision smoking authority To business To smoker required
--------------------------------------------------------------------------------------------------------------
California 3 +& 6 No No No Fine up to Yes Yes
$100
Connecticut 2 20 No No No No No Yes
Delaware 2 + 1 No Yes Yes Fine of $25 Yes Yes
Florida 2 +@ No No Yes Yes Fine up to Yes Yes
$100
Illinois 2 +@ No No No No No No Yes
Iowa 2 + No No No Yes Fine of $25 Yes Yes
Louisiana 2 + 25 No Yes Yes No No Yes
Maine 2 No Yes Yes Yes Fine up to No No
$100
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 No Yes
$25
Nebraska 2 No No No Yes No Yes Yes
Nevada 1 + No No No No No No No
New Hampshire 2 4 Yes Yes Yes Fine of at Yes Yes
least $100
New Jersey 2 50 No Yes Yes No No Yes
New York 2 No No Yes Yes Possible fine Yes Yes
North Carolina 1 + No No No No No No No
Pennsylvania 2 + No No Yes No Fine up to Yes Yes
$50
Rhode Island 2 No Yes Yes Yes Fine of No Yes
$50-$500
Tennessee 1 + No No No No No No No
Utah 2 + No No No ** Yes Fine up to Yes No
$100
Vermont 2 10 Yes Yes Yes Fine of $100 No No
Virginia 1 + No No No No No No No
Washington, DC 2 No No Yes Yes Fine up to Yes Yes
$300
Wisconsin 2 No No No Yes Fine up to Yes Yes
$10
Total ++ 21 7 4 11 16 15 13 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).
+ Preemptive law enacted.
& Whereas most state laws stipulate areas in which smoking is restricted,
California's law designates places and circumstances under which smoking is allowed.
@ Restricts smoking in worksites but does not specify private or government worksites.
** 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 work sites or preempt localities from enacting such legislation.
"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. "Non-retaliation 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" indicatethe 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.
===============================================================================================================
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TABLE 2C. States with laws on smoking in restaurants, as of June 30, 1995
==========================================================================================================
Minimum Penalties for first violation
Type of 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 No 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 Yes Fine up to $50 Yes Yes
Louisiana 1 & No Yes No Yes Yes
Maine 2 No Yes Fine of $100- No Yes
$500
Maryland 2 No(60) No No No No
Massachusetts 2 75 Yes 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; Yes No
fine up to
$100
New Hampshire 2 50 Yes Fine of at Yes Yes
least $100
New York 2 50(70) Yes Possible fine Yes Yes
North Carolina 1 & No No No No No
North Dakota 2 50(50) Yes 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- Yes Yes
$500
South Carolina 1 & No No No No No
Tennessee 1 & No No No No No
Utah 4 & No Yes Fine up to $100 Yes No
Vermont 2 No No No No No
Virginia 2 & 50 Yes Fine up to $25 Yes Yes
Washington 1 No Yes No No Yes
Washington, DC 2 50(25) Yes Fine up to $300 Yes Yes
Wisconsin 2 50 Yes Fine up to $10 Yes Yes
Total ** 31 22 28 23 23 29
----------------------------------------------------------------------------------------------------------
* 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.
& Preemptive law enacted.
@ Whereas most state laws stipulate areas in which smoking is restricted,
California's law designates places and circumstances under which smoking
is allowed.
** 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 or preempt localities from enacting such legislation. "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.
==========================================================================================================
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TABLE 2D. States with laws on smoking in other sites, * as of June 30, 1995
===============================================================================================================================
Home-based Public Hotels
Child day child day Shopping Grocery Enclosed transpor- and
State Bars care centers care malls stores + arenas tation Hospitals Prisons motels
-------------------------------------------------------------------------------------------------------------------------------
Alaska 1 4 1 & 1 2 1 2 4 2 1
Arizona 1 1 1 1 1 1 2 2 1 1
Arkansas 1 4 1 & 1 1 1 1 2 1 1
California @ 1 4 4 ** 3 3 3 3 3 1 2
Colorado 1 1 1 1 1 2 2 2 1 1
Connecticut 1 1 1 1 2 1 2 2 1 1
Delaware 1 4 1 1 2 1 4 4 1 1
Florida 1 4 1 & 1 2 2 4 2 1 1
Georgia 1 4 ** 1 1 1 1 4 1 1 1
Hawaii 1 4 ** 1 & 1 2 1 2 ++ 2 1 1
Idaho 1 1 1 1 2 2 2 && 2 1 1
Illinois 1 4 4 ** 1 2 2 2 2 1 1
Indiana 1 1 1 1 1 1 1 2 1 1
Iowa 1 1 1 2 2 2 2 2 1 2
Kansas 1 4 ** 1 & 1 2 2 4 2 1 1
Louisiana 1 4 1 & 1 1 1 4 2 1 1
Maine 1 2 2 ** 2 2 2 2 2 1 1
Maryland 1 1 1 1 2 1 4 4 1 1
Massachusetts 1 2 1 & 1 4 1 2 && 2 1 1
Michigan 1 4 4 ** 1 2 2 2 3 1 1
Minnesota 1 4 ** 1 & 1 2 2 2 && 4 1 2
Mississippi 1 1 1 1 1 1 4 1 1 1
Missouri 2 4 ** 1 & 2 2 2 @@ 2 2 1 1
Montana 1 1 1 1 2 2 2 && 2 1 1
Nebraska 2 1 1 1 2 2 2 2 1 1
Nevada 1 2 1 & 1 2 1 2 2 1 1
New Hampshire 1 4 ** 1 & 2 2 2 4 4 2 2
New Jersey 1 1 1 1 4 1 4 2 1 1
New York 1 4 1 1 2 2 4 2 1 1
North Dakota 1 4 ** 1 & 1 1 1 2 2 1 1
Ohio 1 3 3 ** 1 1 1 2 && 2 1 1
Oklahoma 1 4 1 & 1 1 2 2 2 1 1
Oregon 1 1 1 1 2 2 1 2 1 1
Pennsylvania 1 1 1 1 1 2 2 2 1 1
Rhode Island 1 1 1 1 2 1 4 2 1 1
South Carolina 1 4 1 & 1 1 2 4 2 1 1
South Dakota 1 2 ** 1 & 1 1 1 2 2 1 1
Texas 1 1 1 1 1 1 2 2 1 1
Utah 1 4 ** 4 ** 4 4 4 4 2 1 2
Vermont 2 1 1 2 2 2 2 2 1 2
Virginia 1 2 1 & 1 2 2 4 2 1 1
Washington 1 1 1 2 2 2 2 && 2 1 1
Washington, DC 1 2 1 & 1 2 1 4 2 1 1
West Virginia 1 1 1 1 1 1 4 1 1 1
Wisconsin 1 4 ** 1 & 1 2 1 2 && 4 1 1
Total *** 3 27 6 8 30 23 42 42 2 6
-------------------------------------------------------------------------------------------------------------------------------
* 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.
& Prohibits smoking in child care facilities; however, language does not specify
home-based child day care.
@ Whereas most state laws stipulate areas in which smoking is restricted, California's law
designates places and circumstances under which smoking is allowed.
** Nonsmoking regulations are in effect when children are on the premises.
++ Taxis only.
&& Prohibits smoking on certain forms of public transportation but allows designated smoking
areas on others.
@@ Enclosed arenas with a capacity of >15,000 persons are exempt.
*** 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.
===============================================================================================================================
Return to top. Table_3A Note: To print large tables and graphs users may have to change their printer settings to landscape and use a small font size.
TABLE 3A. States with laws on sales of tobacco products to minors, as of June 30, 1995
==================================================================================================================================
Prohibits
Minimum Includes License Penalties for first purchase,
age for chewing suspension or violation to business possession,
State legal sale tobacco or Enforcement revocation owner, manager and/or and/or use by Signage
Preemptions * (years) snuff authority for violation clerk minors required
----------------------------------------------------------------------------------------------------------------------------------
Alabama No 19 Both No No Fine of $10-$50 No No
Alaska No 19 Both No Both Fine of at least $300 Yes+ Yes
Arizona No 18 Chewing No No Petty offense Yes No
tobacco
only
Arkansas No 18 Both No Both Misdemeanor; fine of $100 No Yes
California 1 18 Both No No Fine of $200-$300 Yes & Yes
Colorado No 18 Both No No Class 2 petty Yes Yes
offense; fine of $200
Connecticut No 18 Both Yes Both Fine up to $50 Yes Yes
Delaware No 18 Both No No Class B misdemeanor No No
Florida No 18 Both Yes Both 2nd degree No Yes
misdemeanor; fine of $500
Georgia No 18 Both Yes No Misdemeanor Yes Yes
Hawaii No 18 Both No No Fine up to $100 Yes Yes
Idaho No 18 Both No No Misdemeanor Yes No
Illinois No 18 Both No No Petty offense; fine Yes No @
of $200
Indiana No 18 Both No No Class C infraction Yes Yes
Iowa 1 18 Both Yes Both Simple misdemeanor; Yes No
fine of $300
Kansas No 18 Chewing No Both for Misdemeanor; fine up Yes No
tobacco chewing to $1,000
only tobacco only
Kentucky 1 18 Both Yes No Fine of $10-$25 No Yes
Louisiana 1 18 Both Yes No Fine up to $50 Yes Yes
Maine No 18 Both No No Fine of $10-$1,000 Yes Yes
Maryland No 18 Both No No Fine up to $300 Yes No
Massachusetts No 18 Both No No Fine of at least $100 No Yes
Michigan 1 18 Both No No Misdemeanor; fine up Yes Yes
to $50
Minnesota No 18 Both No No Misdemeanor Yes No
Mississippi 1 18 Both Yes No Misdemeanor; fine of No Yes
$20-$100
Missouri No 18 Both No No Fine of $25 No Yes
Montana 1 18 Both No No Fine of $100 No Yes
Nebraska No 18 Both No Both Class III misdemeanor Yes No
Nevada No 18 Both No Both Fine up to $500 No No
New Hampshire No 18 Both Yes No Fine up to $25 Yes Yes
New Jersey No 18 Both No No Fine of $250 No Yes
New Mexico 1 18 Both Yes No Misdemeanor; fine up Yes Yes
to $1,000
New York 2 18 Both Yes Suspension Fine of $100-$300 No Yes
North Carolina No 18 Both No No Misdemeanor; fine up No No
to $500
North Dakota No 18 Both No No Class B misdemeanor Yes No
Ohio No 18 Both No No 4th degree misdemeanor No Yes
Oklahoma 1 18 Both Yes No Fine of $25 Yes Yes
Oregon 3 18 Both Yes No Fine of $100-$500 Yes Yes
Pennsylvania No 18(all Both No No Fine of at least $25 No No
tobacco
products)
21(cigarettes)
Rhode Island No 18 Both No Both Fine of $100 Yes Yes
South Carolina No 18 Both No No Misdemeanor; fine of No No
$25-$100
South Dakota 1 18 Both Yes No Class II misdemeanor Yes No
Tennessee 4 18 Both Yes No Class A misdemeanor; Yes Yes
fine up to $2,500
Texas No 18 Both No No Class C misdemeanor No Yes
Utah No 19 Both No No Class C misdemeanor Yes No
Vermont No 18 Both Yes Both Fine up to $100 Yes Yes
Virginia No 18 Both Yes No Fine up to $50 Yes Yes
Washington 1 18 Both Yes Both Fine of $100 Yes Yes
Washington, DC No 18 Both No Both Misdemeanor; fine of No Yes
$100-$500
West Virginia No 18 Both Yes No Misdemeanor; fine of Yes No
$10-$25
Wisconsin 1 18 Both No Suspension Fine up to $500 No Yes
Wyoming 1 18 Both No No Misdemeanor; fine up Yes Yes
to $50
Total ** 16 51 18 14 51 32 33
----------------------------------------------------------------------------------------------------------------------------------
* 1=preemption of youth access provisions, 2=preemption of sampling provisions,
3=preemption of vending machine provisions, 4= preemption of all laws on tobacco control.
+ Except minors at adult correctional facilities.
& Except persons 16 years or older at correctional facilities.
@ Signage required for sale of tobacco accessories but not for tobacco.
** Total number of state laws that have preemptions, restrictions, enforcement,
penalties, or signage (i.e., sign is posted indicating where smoking is prohibited).
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 sales 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.
==================================================================================================================================
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TABLE 3B. States with laws on youth access to tobacco products through vending machines, * as of June 30, 1995
========================================================================================================================================================
Banned from
locations
Restrictions accessible to Limited Locking Enforcement Penalties to business Signage
State on access youth placement device Supervision authority for first violation 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
Colorado Yes No Yes No Yes No Class II petty offense; Yes
fine of $200
Connecticut Yes No Yes No Yes Yes No Yes
Florida Yes No No No Yes Yes Fine up to $1,000 No
Georgia Yes No Yes No Yes Yes Misdemeanor; fine up to Yes
$300
Hawaii Yes Yes No No No No Fine up to $1,000 Yes
Idaho Yes + No No No No No Misdemeanor No
Indiana Yes No Yes Yes No No Class C infraction Yes
Iowa Yes No Yes Yes Yes Yes No No
Kentucky Yes No Yes No Yes Yes Fine of $10-$25 No
Louisiana No No No No No No No Yes
Maine Yes No Yes No Yes No 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 No
$1,000
Minnesota Yes No Yes Yes Yes No No Yes
Mississippi Yes No Yes No Yes Yes Misdemeanor; fine of $20- No
$100
Missouri No No No No No No No Yes
Montana Yes No Yes No Yes No No No
Nebraska Yes Yes & No No No No Class III misdemeanor No
Nevada Yes No Yes @ No No No No No
New Jersey Yes No Yes ** No No No Fine of $250 No
New Mexico Yes Yes No No No Yes No No
New York Yes Yes No No Yes Yes Fine of $100-$300 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
South Dakota Yes No Yes No Yes Yes Class II misdemeanor Yes
Tennessee Yes No Yes Yes Yes Yes Class C misdemeanor No
Utah Yes Yes No No No No Class C misdemeanor No
Vermont Yes Yes ++ No No Yes Yes No Yes
Virginia No No No No No No No Yes
Washington Yes Yes No No No Yes No No
Washington, DC 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 Yes
$50
Total && 32 12 18 5 21 16 23 17
--------------------------------------------------------------------------------------------------------------------------------------------------------
* No states provide for a complete ban on all vending machines selling tobacco
products.
+ Requires businesses that have vending machines to ensure minors do not have
access to the machines; however, law does not specify type of restriction, such as limited
placement, locking device, or supervision.
& Allows vending machines in certain licensed establishments not listed in youth
access law.
@ Restricts placement on elevators, public buses, and school buses and in
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 where smoking is prohibited).
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 on 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.
========================================================================================================================================================
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TABLE 3C. States with laws on retail licensing for sales of tobacco products, as of June 30, 1995
===========================================================================================================================================================
Vending Machine
------------------------------
Over the counter License fee
Any retail Retail license --------------------- (machine operator
license includes chewing License License fee/fee per Penalties to business
State required tobacco or snuff required License fee required machine) Renewal frequency for violation
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama Yes Yes Yes $2-$15 * No No 1 year Fine of 15% of license
fee
Alaska Yes No Yes $25 Yes $25/$0 1 year Misdemeanor;fine up to
$2,000; license
suspension or
revocation
Arkansas Yes Yes + Yes $10 Yes $50-$100&/$10 1 year Class C misdemeanor;
(cigarettes); license suspension or
$1 (tobacco) 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 $5 Yes $0/$3 No License suspension or
revocation
Florida Yes Yes Yes @ up to $50 No up to $50 ** 1 year Fine up to $500;
license suspension or
revocation
Georgia Yes Yes (vending Yes No Yes $0/$1 No (over the Fine of $25-$250;
machine only) counter); 1 year license suspension or
(vending machine) revocation
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 No No No Yes No 1 year Misdemeanor; fine of
$50-$500; license
suspension or
revocation
Maryland Yes No Yes $30 Yes $500/$0 ($200 1 year Misdemeanor; fine of
application fee; $1,000; license
$30 renewal fee) suspension or
revocation
Massachusetts Yes Yes Yes $5 Yes $100/$5 2 years (over the Fine up to $50; license
counter and suspension or
vending machine); revocation
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
Montana Yes Yes Yes $5 Yes $5-$50&/$0 1 year Misdemeanor; fine of
$100-$500; license
suspension or
revocation
Nebraska Yes Yes Yes @ $10-$25 * No $10-$25 * /$0 1 year Class III misdemeanor
Nevada Yes No Yes @ No No No No Misdemeanor; license
suspension or
revocation
New Hampshire Yes Yes Yes $10 Yes $70/$0 2 years Misdemeanor; fine up to
$2,000 for individuals
and up to $20,000 for
corporations; license
revocation
New Jersey Yes No Yes $5 Yes $0/$5 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 Yes Yes Yes ++ $10 No No No Class 1 misdemeanor
North Dakota Yes Yes Yes @ $15 No $15/$0 1 year License suspension or
revocation
Ohio Yes No Yes $25-$30 per Yes $0/$25-$30 & 1 year Misdemeanor; license
site & suspension or
revocation
Oklahoma Yes No Yes $30 Yes $0/$50 3 years (over the Fine up to $30
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
Utah Yes Yes Yes Not specified Yes Not specified (set No Class B misdemeanor;
(set by by Commission) license suspension or
Commission) 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 $0/$30 Unspecified *** Misdemeanor; license
suspension or
revocation
Washington, DC Yes No Yes $15 Yes $0/$15 1 year Fine up to $1,000;
license suspension or
revocation
Wisconsin Yes Yes (over the Yes $5-$50 & Yes $50/$0 1 year Fine of $25-$1,000;
counter only) license revocation
Total +++ 33 18 29 26 27 27 33
-----------------------------------------------------------------------------------------------------------------------------------------------------------
* Based on size of locality.
+ Requires separate licenses for cigarettes and other tobacco products.
& Based on number of sites or vending machines operated.
@ Includes vending machines.
** Only one fee required if more than one vending machine is operated under the
same roof.
++ Excludes cigarettes.
&& Only if vending machine operator has 25 or more machines.
@@ Retailers are allowed to sell both cigarettes and other tobacco products
through a combination permit.
*** Unspecified in law; may be specified elsewhere such as 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 (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
may 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.
===========================================================================================================================================================
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TABLE 4. States with laws on tobacco advertising (excluding promotions), as of June 30, 1995
===================================================================================================================
Restriction on
Banned on public Other
State Any restriction state property transportation Near schools Other restriction
-------------------------------------------------------------------------------------------------------------------
California Yes Yes No No No Yes *
Illinois Yes No No No Yes + No
Kentucky Yes No No Yes & No No
Louisiana Yes No No No No Yes @
Michigan ** Yes No No No Yes + No
Oklahoma ** No No No No No No
Pennsylvania Yes No No No No Yes @
Tennessee ** No No No No No No
Texas Yes No No Yes ++ Yes ++ No
Utah Yes No Yes No Yes && Yes +
West Virginia Yes No No No Yes + No
Total @@ 9 1 1 2 5 4
-------------------------------------------------------------------------------------------------------------------
* Video games.
+ Advertising of smokeless tobacco must have warning labels.
& No larger than 50 square feet and not less than 500 feet away from a school.
@ Lottery tickets.
** Preemptive law enacted.
++ Must be further than 500 feet from a school or church.
&& Banned.
@@ Total number of state laws including each type of provision.
NOTE: This table summarizes only those states that have legislative restrictions
on advertising or preempt localities from enacting such legislation.
===================================================================================================================
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TABLE 5. State tax on tobacco products and effective year of most recent tax change,
as of June 30, 1995
=======================================================================================
Cigarettes Chewing tobacco and snuff
--------------------------- ------------------------------------
Effective year Effective year
Tax (cents of most recent of most recent
State per pack) * tax change Tax tax change
---------------------------------------------------------------------------------------
Alabama 16.5 1984 3/4� per oz. (chew) 1984
1/2� per oz.
(snuff)
Alaska 29 1989 25% of WSP + 1988
Arizona 58 1994 6.5� per oz. 1994
Arkansas 31.5 1993 23% of MSP & 1993
California 37 1994 34% of WSP @ 1989
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 60 1993 40% of WSP 1965
Idaho 28 1994 40% of WSP 1994
Illinois 44 1993 20% of WSP 1993
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 37 1991 62% of WSP 1991
Maryland 36 1992 None NA
Massachusetts 51 1993 50% of WSP 1993
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 1993
manufacturer's
invoice price
Montana 18 1993 12.5% of WSP 1993
Nebraska 34 1993 15% of purchase 1988
price
Nevada 35 1989 30% of WP && 1983
New Hampshire 25 1990 20% of WSP @@ 1991
New Jersey 40 1990 24% of WP 1990
New Mexico 21 1993 25% of product 1986
value
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 1985
price
Oregon 38 1994 35% of WSP 1986
Pennsylvania 31 1991 None NA
Rhode Island 56 1994 20% of WSP 1992
South Carolina 7 1977 5% of MLP 1968
South Dakota 33 1995 10% of WPP 1995
Tennessee 13 1971 6% of WSP 1972
Texas 41 1990 35% of MLP 1990
Utah 26.5 1991 35% of MSP 1986
Vermont 20 1992 20% of WP 1959
Virginia 2.5 1966 None NA
Washington 56.5 1994 75% of WSP 1993
Washington, DC 65 1993 None NA
West Virginia 17 1978 None NA
Wisconsin 38 1992 20% of MLP 1981
Wyoming 12 1989 None NA
---------------------------------------------------------------------------------------
* Twenty cigarettes per pack.
+ Wholesale sales price.
& Manufacturer's selling price.
@ Rates determined by the State Board of Equalization.
** Manufacturer's list price.
++ Not applicable.
&& Wholesale price.
@@ Imposes tax at a rate proportional to the cigarette tax.
*** Wholesale purchase price
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