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State Laws on Tobacco Control -- United States, 1995

Dana 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)

  1. Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, CDC

  2. National Cancer Institute, National Institutes of Health

  3. The MayaTech Corporation under contract to the National Cancer Institute

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

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  12. US Department of Labor, Occupational Safety and Health Administration. 29 CFR Parts 1910, 1915, 1926, and 1928. Indoor air quality; proposed rule. Federal Register 1994;59:15968-6039.

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Table_1
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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.
======================================================================================================================================

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Table_2A
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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.
===========================================================================================================================================================

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Table_2B
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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
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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
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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.
===============================================================================================================================

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Table_3A
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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
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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
Note: To print large tables and graphs users may have to change their printer settings to landscape and use a small font size.

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
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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
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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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