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State Laws on Tobacco Control -- United States, 1998

Julie A. Fishman, M.P.H.; Harmony Allison, M.P.H.;
Sarah B. Knowles, M.P.H.; Burke A. Fishburn, M.P.P.;
Trevor A. Woollery, Ph.D.; William T. Marx, M.L.I.S.;
Dana M. Shelton, M.P.H.; Corinne G. Husten, M.D., M.P.H.;
Michael P. Eriksen, Sc.D.

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

Abstract

Problem/Condition: State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products.

Reporting Period Covered: Legislation effective through December 31, 1998.

Description of System: CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database.

Results: Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 per pack, an increase of 7.4 compared with the average tax in the 1995 report.

Interpretation: State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions.

Actions Taken: The data summarizing state tobacco-control laws are available through CDC's State Tobacco Activities Tracking and Evaluation (STATE) System*; the laws are collected and updated every quarter. The STATE System also contains state-specific data on the prevalence of tobacco use, tobacco-related deaths, and the costs of tobacco use. Information from the STATE System is available for use by policy makers at the state and local levels to plan and implement initiatives to prevent and reduce tobacco use. In addition, CDC is using this information to assess the ongoing impact of tobacco-control programs and policies on tobacco use.

INTRODUCTION

Since the release of the first Surgeon General's report on tobacco in 1964, scientific knowledge about the health consequences of tobacco use has increased substantially (1,2). As knowledge about the health consequences of tobacco use and exposure to environmental tobacco smoke (ETS) has increased, knowledge about effective interventions to prevent and reduce tobacco use and exposure to ETS has also increased. Extensive study during the preceding 30 years has documented that reductions in tobacco use decreases the incidence of several diseases and disorders as well as decreases mortality (2). However, one fourth of all adults in the United States still smoke (3), and tobacco use continues to cause greater than 430,000 deaths each year (4).

Although individually focused strategies to prevent and reduce tobacco use remain important, social change and population-based environmental interventions have become the overriding focus of tobacco-control initiatives (5,6). In particular, developing and implementing public health policies are a central component of tobacco-control efforts. Tobacco-control policies cover a range of topics, including minors' access to tobacco, retail tobacco licensing, smoke-free indoor air, advertising and promotion, excise taxes, warning labels, and product ingredient disclosure. Some tobacco-related policies are instituted primarily at the federal level; however, most tobacco-related policies are established at the state and local level.

Several studies have been conducted to examine the impact of tobacco-control laws on tobacco-use behaviors. Although the strongest data on the impact of policies on tobacco-use behaviors come from studies of tobacco excise taxes, data also document the impact of smoke-free indoor air, minors' access, and advertising policies (7). Although some studies have used a pre- and postdesign without a comparison, others have included randomized and controlled comparisons. In addition, many tobacco policy studies have used econometric analyses to assess the impact of price and nonprice variables on tobacco use. One important nonprice variable is state tobacco-control policy (e.g., laws).

In recognition of the importance of policy as a tobacco-control intervention, several national health objectives track state tobacco-control laws. These objectives include state laws on minors' access, smoke-free indoor air, tobacco vending machines, tobacco excise taxes, and preemptive tobacco-control laws (8). By regulating the sale and use of tobacco and increasing taxes on tobacco products, states play an important role in achievement of the year 2000 national health objectives, which ultimately will reduce the burden of diseases attributable to tobacco.

This report is an update of the 1995 surveillance summary (9), which examined state tobacco-control laws effective June 30, 1995. This report addresses state tobacco-control laws effective December 31, 1998, and describes changes in legislation since the 1995 report.

METHODS

This report identifies four aspects of tobacco-control laws in each state and Washington, D.C.: a) smoke-free indoor air, b) minors' access, c) advertising, and d) excise taxes. Data on the preemptive provisions of smoke-free indoor air, minors' access, and marketing laws are also provided. State laws are reported for all four topics as well as executive orders for smoke-free indoor air in government work sites, effective December 31, 1998. States that enacted legislation that became effective after December 31, 1998, were not included in this report.

Updating Tobacco-Related State Laws

Using laws effective June 30, 1995, as a baseline, information on state laws is updated quarterly with any newly enacted legislation that is effective the last day of the quarter. CDC tracked legislation for the quarters ending March 31, June 30, September 30, and December 31, using an on-line legal research database. The legislation is coded according to matrices developed for State Laws on Tobacco Control--United States, 1995 (9) with minor modifications. Coding completed by CDC is then verified with the National Cancer Institute's State Cancer Legislative Database. Legislative data are stored in CDC's State Tobacco Activities Tracking and Evaluation (STATE) System.** Although state regulations carry the same authority as law, the STATE System currently does not include regulations for tobacco control. Also, the STATE System currently does not include provisions of the individual state and multi-state settlements with the tobacco industry.

Changes in Legislative Tracking

Since 1995, CDC has enhanced its legislative tracking efforts to more specifically indicate whether it is illegal for minors to purchase, possess, or use tobacco and to include more specific provisions regarding smoke-free indoor air policies in child day care centers. In addition, CDC has developed a matrix describing preemptive provisions of minors' access, smoke-free indoor air, and marketing laws. In the 1995 report, such provisions were incorporated directly into the tables for minors' access, smoke-free indoor air, and advertising. Changes in interpretation or errors in the 1995 report were corrected in CDC's legislative tracking system as they were discovered and also have been footnoted in the tables in this report.

Categorizing Locations and Restrictions

State laws vary in their definition of public places, and methods of implementing smoking restrictions in these locations also vary. Because of these variations, comparing smoke-free indoor air laws across states can be difficult. To aid in comparisons, locations included in state laws were categorized as government work sites, private-sector work sites, restaurants, child day care centers, and other sites, which include bars, shopping malls, retail stores, enclosed arenas, public transportation, hospitals, prisons, and hotels and motels.

RESULTS

Results of the legislative review summarize which states have laws concerning smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and tobacco excise taxes (Table 1). In addition, the review summarizes which states have preemptive provisions in smoke-free indoor air, minors' access, or tobacco marketing laws.

Smoke-Free Indoor Air

Because of concerns about the health effects of exposure to ETS, many state laws restrict smoking in public places. As of December 31, 1998, 46 states and Washington, D.C., restrict smoking to some extent. Alabama, Kentucky, Mississippi, and North Carolina have no restrictions on smoking in sites covered in this report.

Smoke-free indoor air restrictions (Tables 2-6) are provided in four categories. States with no restrictions on smoking in a given site are categorized as "1." States that require or allow designated smoking areas in a given site are categorized as "2." If either no smoking is allowed or designated smoking areas with separate ventilation are required, the site is categorized as "3." Sites where no smoking is allowed are categorized as "4."

Government Work Sites

Forty-one states and Washington, D.C., have laws that restrict smoking in state government work sites (Table 2). Although no change has occurred in the number of states with any restrictions since the 1995 report, state restrictions in Hawaii and Massachusetts were strengthened from limiting smoking to designated areas to prohibiting smoking. Twenty-nine state laws limit smoking to designated areas; two either ban smoking or require designated smoking areas with separate ventilation; and 11 completely ban smoking. Seven of these state laws require a minimum number of employees (i.e., 1-25 employees) for the restriction to be implemented. Nineteen states and Washington, D.C., authorize penalties against both the work site and the smoker for the first violation; four states authorize penalties to the work site only; and eight authorize penalties to the smoker only. Of state laws that restrict smoking in government work sites, 62% also designate an enforcement authority. In Kentucky, state government work sites are permitted but not required to develop policies on smoking. North Carolina's law requires all government work sites to have smoking areas; the law does not permit the establishment of smoke-free government work sites.

Private-Sector Work Sites

Twenty states and Washington, D.C., have laws that restrict smoking in private-sector work sites (Table 3); of these, only California requires either no smoking or separate ventilation for smoking areas. Since the 1995 report, no change has occurred in the number of states with smoking restrictions in private-sector work sites or in the strength of existing restrictions. Seven of the 21 laws mandate designated smoking areas only in work sites that have a minimum number of employees (i.e., 1-50 employees). Ten states and Washington, D.C., penalize both the work site and the smoker for the first violation; three penalize the work site only; and four penalize the smoker only. Sixty-seven percent of laws that restrict smoking in private-sector work sites designate an enforcement authority.

Restaurants

Thirty states and Washington, D.C., have laws that restrict smoking in restaurants (Table 4). No change has occurred in the number of states with restaurant restrictions since the 1995 report; however, Vermont strengthened its restrictions from limiting smoking to designated areas to prohibiting smoking. Utah and Vermont are the only states that completely prohibit smoking in restaurants; California requires either no smoking or separate ventilation for smoking areas. Many state laws exempt small restaurants, generally those with a seating capacity of less than 50 persons, from smoke-free indoor air laws. Seventeen state laws penalize both the restaurant and the smoker for the first violation; five penalize the restaurant only; and five penalize the smoker only. Of state laws that restrict smoking in restaurants, 71% designate an enforcement authority. In Louisiana, restaurants are permitted but not required to develop policies on smoking.

Child Day Care Centers

Twenty-eight states and Washington, D.C., have laws that restrict smoking in commercial day care centers, an increase of two states (i.e., New Jersey and Tennessee) since the 1995 report. Eleven states restrict smoking in home-based day care centers, an increase of one state (i.e., Tennessee) since the 1995 report (Table 5). Eleven states ban smoking in commercial day care centers at all times; one requires either no smoking or separate ventilation for smoking areas at all times; 10 ban smoking only when children are on the premises; five states and Washington, D.C., require or allow designated smoking areas at all times; and one requires or allows designated smoking areas only when children are on the premises. Six of the states that restrict smoking in home-based day care centers ban smoking only when children are on the premises; one requires either no smoking or separate ventilation for smoking areas when children are on the premises; two require or allow designated smoking areas at all times; and two require or allow designated smoking areas only when children are on the premises. Of the 11 states that have clean indoor air restrictions for home-based day care, 10 penalize either the smoker or the business for a violation. Of the 29 states that have clean indoor air restrictions for commercial day care, 27 penalize either the business or the smoker for a violation. Laws in Michigan, New Jersey, and Ohio authorize license revocation for violations of the law. Sixty-six percent of laws restricting smoking in day care centers designate an enforcement authority.

Other Sites

Some states have laws that regulate smoking in other locations (Table 6). Forty-two states and Washington, D.C., have smoking restrictions in hospitals (an increase of one state [i.e., Tennessee] since the 1995 report); 40 states and Washington, D.C., on selected forms of public transportation; 29 states and Washington, D.C., in grocery stores; and 23 states in enclosed arenas. Fewer than 10 states have laws that restrict smoking in either bars, shopping malls, prisons, or hotels and motels. California is the only state that requires bars to be smoke-free or have separately ventilated areas; this change went into effect after the 1995 report. Laws in West Virginia and Minnesota require that certain prison facilities be smoke-free; both of these changes became effective after the 1995 report.

Minors' Access to Tobacco Products

Sale and Distribution

Because most initiation of tobacco use occurs in the teenage years, states have implemented minimum age requirements, vending machine restrictions, and retail licensure systems to limit minors' access to tobacco products. Selling tobacco products to persons under the age of 18 years is illegal in all states and Washington, D.C. (Table 7). In Alabama, Alaska, and Utah, selling tobacco products to persons under the age of 19 is illegal. Since the 1995 report, 15 states*** have added an enforcement authority to their minors' access laws. More than one half of all states (32) now designate an enforcement authority within the minors' access legislation. Enforcement agencies include departments of public health, revenue, and public safety as well as alcoholic beverage-control boards and agencies. All 50 states and Washington, D.C., have some type of penalty for violation of minors' access laws. Since the 1995 report, 11 states**** have added license suspension and/or revocation as a penalty for sales to minors. Nevada state law removed license suspension and revocation as a possible penalty to businesses for violation of minors' access laws. Thirty-five states and Washington, D.C., require signage indicating that selling cigarettes or tobacco products to minors is illegal, an increase of three states (i.e., Delaware, Kansas, and North Carolina) since the 1995 report.

Purchase, Possession, and Use of Tobacco by Minors

Forty-two states have laws that prohibit minors from purchasing, possessing, or using tobacco products, an increase of eight states (i.e., Alabama, Delaware, Florida, Kentucky, Mississippi, Montana, North Carolina, and Texas) since the 1995 report. Nine states prohibit all three of these provisions; 19 states prohibit two of the three provisions; and 14 states prohibit one of the provisions. The most common restriction is a prohibition on the purchase of tobacco products by minors; 33 states have such a restriction.

Vending Machines

Forty-one states and Washington, D.C., have laws that restrict minors' access to tobacco through vending machines, an increase of 10 states (i.e., California, Delaware, Illinois, Kansas, Louisiana, New Hampshire, North Carolina, Rhode Island, Texas, and Virginia) since the 1995 report (Table 8). In 1995, Louisiana and Virginia had only a signage requirement for vending machines, whereas the remaining eight states had no vending machine legislation.

Nineteen states and Washington, D.C., now ban tobacco vending machines from locations accessible to youths, an increase of eight states since the 1995 report. Four states (i.e., Minnesota, Mississippi, Montana, and South Dakota) that now ban tobacco vending machines from locations accessible to youths previously had limited placement restrictions that required either a locking device and/or supervision. Three states (i.e., California, Delaware, and Texas) had no vending machine restrictions in the 1995 report, and Louisiana had only a signage requirement.

Seven states added an enforcement authority since the 1995 report; 52% of laws restricting vending machines designate an enforcement authority. Thirty-three states and Washington, D.C., have laws that penalize the business for a first violation, an increase of 10 states since the 1995 report; also, since the 1995 report, three states have changed their existing penalties.

Twenty-one states require signage regarding minors' restricted access to vending machines, an increase of four states since the 1995 report. New Hampshire, New Jersey, New Mexico, and Rhode Island now require signage.

Retail Licensing

Thirty-four states and Washington, D.C., require retailers to obtain either an over-the-counter and/or a vending machine license for selling tobacco products (Table 9). Maine and Mississippi enacted over-the-counter or vending machine licensing requirements for the first time since the 1995 report. Minnesota enacted legislation requiring localities to license tobacco. In addition, two states with one type of license enacted provisions requiring the other type of license. Alabama previously had over-the-counter licensing and added vending machine licensing, and Louisiana previously had vending machine licensing and added over-the-counter licensing.

Thirty states and Washington, D.C., have laws that require retailers to obtain a license for over-the-counter sales. Three of these states (i.e., Louisiana, Maine, and Mississippi) have added this requirement since the 1995 report. Of states that require an over-the-counter license, all except Alabama, Georgia, Mississippi, and Texas require a license fee.

Thirty-one states and Washington, D.C., have laws that require retailers to obtain a license for tobacco sales through vending machines. Alabama, Maine, and Mississippi added their license requirement since the 1995 report. Of states that require a vending machine license, all except Alabama, South Carolina, and Texas require a license fee.

Two states have changed their laws regarding frequency of license renewal since the 1995 report. In Delaware, a 3-year renewal frequency for over-the-counter licenses and a 1-year renewal frequency for vending machine licenses were added. In Mississippi, a 1-year renewal frequency was added to the over-the-counter retail license. Thirty-three states and Washington, D.C., authorize penalties for businesses for violating the over-the-counter and/or vending machine licensing requirements.

Advertising

Thirteen states have laws that restrict the advertising and promotion of tobacco products (Table 10), an increase of four states since the 1995 report. California's law bans tobacco advertising on state government property and on video games; in addition, since the 1995 report, California enacted a law that requires tobacco billboards be placed greater than 1,000 ft. away from schools or playgrounds. Since the 1995 report, Arizona, Nevada, and Tennessee have enacted bans on advertising on the backs of school buses, and Indiana law requires that tobacco billboards be placed greater than 200 ft. away from schools. Other types of advertising restrictions include limiting advertising on public transportation and requiring health warnings on print and billboard advertising for smokeless tobacco products.

Excise Taxes

All states and Washington, D.C., have cigarette excise taxes. The average tax is 38.9 per pack, and taxes range from 2.5 in Virginia to $1.00 in Alaska and Hawaii (Table 11). Forty-two states tax smokeless tobacco products; all states except one tax these products as a percentage of the price. Since the 1995 report, 13 states***** have increased cigarette excise taxes. These increases range from 12 in New Hampshire to 71 in Alaska.

Seven states have changed their tax on smokeless tobacco products since the 1995 report. In Alaska, Massachusetts, New Jersey, Oregon, and Vermont, the tax on smokeless tobacco has been increased. In California and New Hampshire, the tax on smokeless tobacco fluctuates. California's smokeless tobacco tax is set by the state Board of Equalization. This tax is equivalent to the combined rate of tax applied to cigarettes and is based on the previous year's wholesale cost of tobacco products. California lowered the smokeless tobacco tax from 34% of the wholesale price in June 1995 to 29.4% effective through December 1998. New Hampshire's smokeless tax, set by the New Hampshire Department of Revenue, is based on the tax rate for cigarettes as a percentage of the price of the pack of cigarettes. The smokeless tobacco tax has fluctuated from 20% of the wholesale price in June 1995 to a high of 33.4% in June 1997; as of December 1998, the tax was 27.1% of the wholesale price.

Preemption

Thirty states have preemptive provisions in their tobacco-control laws (Table 12). For this report, preemptive legislation was defined as legislation that prevents any local jurisdiction from enacting restrictions that are more stringent than the state law or that might vary from the state law. Six states (i.e., Delaware, Indiana, Maine, Nevada, North Carolina, and South Carolina) have passed preemptive laws since the 1995 report. Of these, Indiana and Maine did not have previous preemptive laws in any area tracked in this report. However, Maine repealed its preemptive law as of June 1997. Some preemptive provisions are very narrow. For example, in New York, the state government has precedence over local government restrictions on the free distribution of samples of tobacco products. Other provisions are broad. For example, Tennessee's minors' access law preempts local legislation in all tobacco-control areas.

DISCUSSION

Smoke-Free Indoor Air

Restrictions on smoking in public places are designed to limit the public's exposure to ETS, which causes serious health consequences among both adults and children (10-12). Exposure to ETS among the nonsmoking U.S. population is extensive. A study using results from the Third National Health and Nutrition Examination Survey indicated that 87.9% of nontobacco users had detectable blood levels of cotinine, a primary measure of ETS exposure (13). One important source of ETS exposure is the workplace. Results reported in the 1992-1993 Current Population Survey Tobacco Use Supplement indicate that 81.6% of all indoor workers are covered by some type of smoking policy. However, less than one half of workers (46.0%) are covered by a 100% smoke-free policy (14). Only 21.1% of food service workers (e.g., bartenders and wait staff) reported a smoke-free workplace; health-care workers (e.g., doctors) reported the highest percentage (80.7%) of smoke-free policies. Restaurant workers have an ETS exposure level that is approximately 1.6 to 2.0 times higher than levels for office workers; ETS exposure levels for bar workers are approximately 3.9 to 6.1 times higher than levels for office workers (15).

According to 1992 data from the National Survey of Worksite Health Promotion Activities, 87% of companies with greater than 50 employees have established formal smoking policies, and 59% have banned smoking (8). Researchers have found that work site smoking policies reduce nonsmokers' exposure and impact employees' smoking behaviors (7,16-20). In some cases, smoke-free policies have been associated with a decrease in consumption of cigarettes among smoking employees (17,18,21). One study assessed whether smoking restrictions led to self-selection, which occurs when nonsmokers are attracted to smoke-free work sites, and smokers are attracted to work sites allowing smoking. After accounting for potential self-selection among workers, the study indicated that smoking bans reduced adult smoking by 5% and reduced cigarette consumption among continuing smokers by 10% (22). Evidence also exists indicating that strong smoking restrictions reduce smoking prevalence and average daily cigarette consumption among youth (23) and young adult (24) smokers.

A year 2000 national health objective is for all states and Washington D.C., to prohibit smoking or limit it to separately ventilated areas in work sites, restaurants, and public places (8). Although 31 states and Washington, D.C., restrict smoking in restaurants, only three states either prohibit smoking entirely or limit it to separately ventilated areas. Furthermore, since the 1995 report, few state-level actions to establish additional smoke-free laws or to strengthen existing laws have been adopted; this might be because many tobacco prevention and reduction efforts in the preceding 4 years have focused on children and adolescents to the exclusion of efforts to reduce ETS exposure (25). In addition, public health involvement with tobacco-related lawsuits and settlements also might have diminished the attention paid to establishing state-level actions to reduce ETS exposure.

California is the only state to prohibit smoking or limit it to separately ventilated areas in bars. This law has been associated with an improvement in the health of bartenders throughout the state (26). Approximately 59% of bartenders reported no longer having respiratory symptoms (i.e., wheezing, shortness of breath, or coughing) during the second month after the law took effect. In addition, 78% of bartenders who had reported sensory irritation (i.e., eye, nose, or throat irritation) reported no longer having those symptoms after the ban.

Although they are not tracked in this report, state regulations and administrative agency actions are another important means for establishing smoking restrictions in work sites and other sites. For example, Maryland and Washington have implemented extensive smoking restrictions through such mechanisms. In addition to state restrictions, many local governments also have taken action to protect the public from exposure to ETS. As of March 1999, at least 259 workplace or restaurant smoking ordinances were in effect in the United States that either prohibited smoking altogether or limited it to separately ventilated areas (27). For example, on April 1, 1996, New York City enacted an ordinance that prohibited smoking in many sites, including public transportation, child day care centers, and retail stores (28). The ordinance also has extensive restrictions on smoking in restaurants.

The federal government has taken several actions to reduce exposure to ETS. These actions include smoking bans on domestic airline flights, in federally funded facilities that provide services to children, and in federal Executive Branch buildings (29-31). In 1994, the Occupational Safety and Health Administration proposed standards, including restrictions on exposure to ETS, for indoor air quality in the workplace (32). In addition, in 1998, the U.S. Department of Transportation announced that all U.S. airline carrier flights (domestic and international airlines) are completely smoke-free; 91% of flights between the United States and foreign destinations, including those operated by foreign carriers, are smoke-free. This progress in reducing exposure to ETS on flights has been achieved through a combination of legislative actions and voluntary agreements.

In July 1998, a U.S. District Court in North Carolina ruled that the Environmental Protection Agency's (EPA's) designation of secondhand smoke as a Group A carcinogen (i.e., a known human carcinogen) was flawed because of technical and procedural problems in the agency's review of health data (33). However, the court did not challenge EPA's findings regarding the effects of secondhand smoke exposure on children. EPA is appealing the court ruling regarding the carcinogenicity of secondhand smoke. Despite the ruling on the EPA report, studies continue to support a causal relation between ETS exposure and cancer. For example, the 1997 California EPA report described the causal relation between exposure to ETS and several negative health effects, including cancer (12). And in 1998, the National Toxicology Program proposed that ETS be listed as a carcinogen in the federal government's 9th Report on Carcinogens (34). As information about the health hazards of exposure to ETS continues to be collected and disseminated, action at the state and local level to eliminate ETS exposure will likely increase.

Minors' Access to Tobacco Products

Despite laws in every state that prohibit the sale of cigarettes to minors, children and adolescents continue to obtain and use tobacco products. Some of these tobacco products are obtained from social sources (e.g., friends, family, or older adults) either by borrowing (or "bumming"), theft, or giving money to an older person to buy the tobacco for them (35). However, a large percentage of minors who smoke purchase their own cigarettes from commercial sources (36-38). Small stores and gas stations are the major commercial source of cigarettes for underaged buyers. Vending machines are more popular among the youngest adolescents, and the majority of adolescents who have never smoked believe it would be easy for them to buy cigarettes (36,37). According to the 1997 Youth Risk Behavior Surveillance System, of the 29.8% of students who purchased their cigarettes from a gas station or store, 66.7% of them were not asked for proof of age when they bought cigarettes in the month preceding the survey (39).

Data indicate that when minors' access laws are actively enforced, sales to minors are reduced (36,40-44). Furthermore, preliminary evidence indicates that strong enforcement of minors' access laws might reduce tobacco use among youth (41,42,44). Localities that have been most successful in reducing commercial sales of tobacco to minors have generally had comprehensive minors' access ordinances, which include active surveillance of illegal sales to minors by using compliance checks in which minors, working with an enforcement agency, attempt to purchase tobacco products (40-44).

To date, no published studies have measured the effectiveness of youth purchase, possession, or use restrictions in reducing smoking prevalence rates among youths, but several studies have questioned the motivation and appropriateness of such laws (36,45,46). Some states (e.g., Florida, Texas, and Utah) have programs that give youth offenders a choice of paying a fine, participating in a smoking education class, or performing community service. These programs have not yet been evaluated for their effects on youth smoking rates.

The 1992 Synar Amendment (Public Law 102-321) requires that states receiving Substance Abuse Prevention and Treatment Block Grants establish and enforce laws that prohibit the sale of tobacco products to persons under the age of 18 years (47). The final Synar Regulation, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA) in January 1996, requires each state to annually conduct random, unannounced inspections on a representative sample of retail tobacco outlets to assess the extent of sales to minors. The states were required to determine baseline rates and negotiate with SAMHSA appropriate interim targets and a timeline to reach the goal of a 20% maximum inspection failure rate. The 1997 Synar Regulation Implementation Report to Congress on FFY 1997 State Compliance (48) indicated that sales of cigarettes to minors in state compliance checks ranged from 7.2% in Florida to 72.7% in Louisiana with a median of 40% in fiscal year 1997. Four states (i.e., Florida, Maine, New Hampshire, and Washington) met the year 2000 national health objective of less than or equal to 20% sales to minors in compliance inspections in fiscal year 1997. States that had a history of strong enforcement activities generally had lower rates of sales to minors (48). Although the regulation implementing the Synar Amendment requires that all states obtain the goal of a maximum failure rate of no more than 20%, recent studies conducted at the community level indicated that this target might not be optimal for changing youth smoking rates (40-42).

In 1996, the Food and Drug Administration (FDA) issued a regulation prohibiting the sale of tobacco products to persons under the age of 18 years and required that all persons under the age of 27 years show a photographic identification to purchase cigarettes or smokeless tobacco. The regulation also banned sales of packages with less than 20 cigarettes and banned vending machines and self-service displays, except in certain venues for adults only (e.g., nightclubs) (49). In February 1997, the minimum age of sale and identification verification provisions went into effect; however, because of a legal challenge, the remaining access provisions have not yet gone into effect.

A year 2000 national health objective is for all states and Washington, D.C., to prohibit vending machines in areas accessible to minors (8). As of December 31, 1998, 19 states and Washington, D.C., have met the objective. In addition to state action, many localities have also taken action to restrict vending machines. As of March 31, 1999, 265 localities had completely banned vending machines, and 87 banned them in areas accessible to minors (50). Retail tobacco licensure allows states to develop and maintain lists of tobacco vendors that can be used for compliance checks and enforcement actions. Some states designate a portion of licensing fees for retailer education or minors' access law enforcement. Furthermore, some states suspend or revoke retail tobacco licenses for repeated violation of minors' access laws (36,37,48). As of December 31, 1998, 23 states and Washington, D.C., may suspend or revoke retail licenses for violation of minors' access laws.

Tobacco Product Advertising and Promotion

Tobacco advertising increases the social pressure on minors to use tobacco by implying that using tobacco promotes independence, adventure, and glamour (37,38). Such advertising diminishes awareness of the addictive nature of tobacco and its substantial health risks (51). Teenagers are more likely than adults to smoke the three most advertised cigarette brands (i.e., MarlboroTM, CamelTM, and NewportTM) (52). Although combined sales of these brands accounted for only 35% of the overall cigarette market share, 86% of current minor smokers purchased one of these three brands (52). The effect of cigarette advertising expenditures on brand preferences is three times greater for teenagers than for adults (53)

Assessing the impact of advertising restrictions on cigarette demand is difficult, especially isolating the impact of the advertising restrictions from other key determinants on cigarette demand (7). Factors that increase the complexity of studies regarding the impact of advertising restrictions include a) exposure to different types of advertising and promotion; b) social, taste, and cultural differences; and c) cumulative effects of exposure to advertising.

Results from econometric studies of advertising restrictions have varied. Most studies have measured the effect of banning only one or two types of advertising, which might increase cigarette demand. This increase in cigarette demand might be partly because of the substitution of other marketing approaches. However, a few studies have indicated that comprehensive advertising bans decrease cigarette demand (7).

In 1996, the tobacco industry spent $5.1 billion on cigarette advertising and promotion, a 4% increase from 1995 (54) . The largest category of cigarette advertising and promotion is for promotional allowances, which includes money paid to retailers for shelf space (i.e., slotting allowances). In 1996, the tobacco industry spent $2.15 billion on such promotions compared with $1.87 billion in 1995 (54).

Although the smokeless tobacco industry spends a fraction of what the cigarette manufacturers spend on advertising and promotion, the smokeless tobacco industry has increased expenditures every year since 1987; in 1997, the smokeless tobacco industry spent $150.4 million (55). Cigar industry spending on media advertising increased from greater than $1.1 million in 1994 to approximately $4 million in the first 9 months of 1996 (56).

The Comprehensive Smoking Education Act of 1984 requires cigarette print advertisements, billboards, and packages to contain one of four rotating warning labels (57). The Comprehensive Smokeless Tobacco Health Education Act of 1986 requires smokeless tobacco advertisements (other than billboards) and packages to contain one of three rotating warning labels (58). Because this act exempts smokeless tobacco billboards from including warning labels, states are allowed to enact such requirements. To date, Illinois, Michigan, and West Virginia have enacted such requirements.

The 1996 FDA regulation on tobacco use among minors included several provisions on tobacco advertising. Outdoor advertising within 1,000 ft. of schools and public playgrounds was banned. Also, selling or giving away products (e.g., caps and gym bags) that bear tobacco product brand names or logos was also prohibited (49). However, because of a legal challenge, the advertising provisions of this regulation have not yet gone into effect.

Settlements of lawsuits brought by states against the tobacco industry include additional restrictions on tobacco advertising and promotion. Florida, Minnesota, Mississippi, and Texas have settled individual lawsuits against the tobacco industry to recover the states' tobacco-related Medicaid costs. These settlement agreements require the tobacco industry to discontinue all tobacco product billboards, transit advertisements (i.e., including advertising on public transportation and at transit waiting areas, taxi stands, airports, and similar sites), and advertisements in arenas and stadiums.

The November 1998 settlement between the tobacco industry and 46 states,****** Washington, D.C., and five territories also contains certain advertising and promotional restrictions (59). These restrictions include a ban on tobacco product billboards and tobacco advertising on buses and other forms of public transportation. The settlement also bans merchandise bearing tobacco company brand names and the use of cartoon characters in advertising. However, companies can continue to market cigarettes through print advertising and signs in stores; indoor and outdoor retail signage that is less than or equal to 14 sq. ft. in size are also allowed. Companies may also continue to sponsor a sporting event (e.g., NASCAR racing and rodeos), which uses the brand names of tobacco products. Most of the advertising and promotion restrictions in the settlement were required to be implemented by April 1999.

Excise Taxes

Policies that affect the price of tobacco products are the single most effective means of decreasing tobacco use, especially among youths and young adults (7,24,60). Price increases, usually a result of increases in the excise tax on tobacco products, encourage current tobacco users to quit or reduce their consumption of tobacco products and discourage youths and young adults from initiating tobacco use.

Studies suggest that increases in cigarette prices effectively curb tobacco use among all age groups but have a greater impact on youths and young adults than on older adults (24,60-67). Youths (i.e., aged 12-17 years) are more responsive to cigarette price increases than adults; young adults (i.e., aged 18-24 years) are less responsive than youths but more responsive than adults. Increases in cigarette prices also exhibit differential impacts by race and ethnicity. For example, data indicate that young (i.e., aged 18-24 years) blacks and Hispanics are substantially more responsive to changes in price than young whites (67).

Studies also indicate that increases in smokeless tobacco taxes reduce smokeless tobacco use among both adult and adolescent males (66,68,69). Among adolescent males, most of the decrease in use is attributed to adolescent males quitting or not starting to use smokeless tobacco (68). Some studies have indicated that increases in cigarette excise taxes can increase the demand for smokeless tobacco products. Specifically, as cigarette excise taxes are increased, persons who can no longer afford expensive cigarettes brands will substitute relatively cheaper smokeless tobacco products to obtain nicotine (66,69). Increases in smokeless tobacco tax rates might help reduce this substitution.

The federal excise tax on cigarettes currently is 24 per pack, and the excise tax on smokeless tobacco products translates into 2.7 per average tin of snuff. In 1997, Congress enacted legislation to increase the federal cigarette excise tax by 15 per pack, which will bring the overall tax to 39 by the year 2002. The legislation also raised the federal tax on other tobacco products to a level proportional to the increase in the cigarette tax. In fiscal year 1997, revenues generated from federal excise taxes totaled $5.7 billion from cigarettes and $1.3 million from other tobacco products (70).

As of December 1998, state excise taxes ranged from 2.5 to $1.00 per pack, with an average of 38.9 per pack. In fiscal year 1997, net collections from state cigarette excise taxes totaled $7.14 billion (70). Arizona, California, Massachusetts, and Oregon have enacted tax increases through voter initiatives, which specify that revenues from these tax increases must be designated for tobacco-use prevention and control programs. In addition, Maine's legislature has enacted a tax increase that allocates a portion of the revenues for tobacco-use prevention and reduction programs.

Inflation-adjusted (1997 dollars) cigarette prices increased from $1.42 per pack in 1960 to $1.95 per pack in 1997, a 37% increase during a 37-year period. In 1992, the inflation-adjusted price of a pack of cigarettes peaked at $2.10 (1997 dollars). The cigarette tax-to-price ratio is used to assess the relative contribution of total state and federal excise taxes to the full price of cigarettes. Excise taxes as a percentage of nominal cigarette prices declined from 49.8% in 1960 to 29.6% in 1997. The national health objective for the year 2000 for tax-to-price ratio is 50% (8). A declining tax-to-price ratio indicates that the effect of excise taxes in increasing the price of cigarettes is diminished. To sustain the public health impact of tobacco excise taxes over time, such taxes can be indexed for inflation.

The individual state settlements between the tobacco industry and Florida, Minnesota, Mississippi, and Texas and the multistate settlement between the tobacco industry and the remaining 46 states might have an impact on the retail price of cigarettes. Despite the absence of an excise tax increase in these settlements, tobacco companies have increased wholesale cigarette prices to offset the financial impact of the settlements. As a result of the individual four-state settlements, the tobacco industry raised the wholesale price of cigarettes by approximately 25 per pack (71). The multistate settlement led to a wholesale cigarette price increase of approximately 45 per pack (72). However, because of industry discounting strategies, the long-term impact of these settlements on retail cigarette prices is still unknown (73).

For tobacco-control purposes, the inflation-adjusted price of cigarettes impacts consumers' behaviors (7). Smoking rates among adolescents began increasing in the early 1990s (39), which was concurrent with the drop in prices after 1992. Similarly, smoking rates among adults declined until the early 1990s but have leveled off in recent years (3).

Preemption

In this report, preemption is defined as legislation that prevents localities from enacting more stringent laws or laws that might vary from the state law (74-77). Such preemption limits the ability of localities to tailor laws to address community-specific issues. In addition, preemptive laws deter debate over local ordinances; such debate can educate the community about tobacco, potentially altering social norms about tobacco use (78). Preemptive state laws might also discourage local enforcement because communities that are not involved in the decision-making process might be less likely to request or encourage enforcement (79).

During 1993-1996, the number of tobacco-control laws with preemptive provisions increased substantially (74). A Tobacco Institute priority for 1993 was to encourage and support statewide legislation preempting local laws, including smoking, advertising, sales, and vending restrictions (80). A potential reason for this strategy was the greater potential for passage of strong tobacco-control laws at the local level and the logistical difficulties of the tobacco industry investing resources to address ordinances in multiple local jurisdictions (75-77). Eighteen states have preemptive provisions affecting smoke-free indoor air restrictions; therefore, achievement of the year 2000 national health objective (i.e., zero states with preemptive clean indoor air provisions) is unlikely.

CONCLUSION

Since the 1995 report on state tobacco laws, several states have enacted additional provisions that address tobacco use. Twelve states have increased excise taxes on cigarettes since the 1995 report, including an increase of 71 in Alaska. In addition, 11 states added retail license suspension or revocation for sales to minors, and 10 placed greater restrictions on tobacco vending machines.

Although all states have some tobacco-control laws, continued progress must be made to achieve the year 2000 national health objectives. For example, substantial progress is needed to fulfill the health objective to increase the number of state laws that either prohibit or restrict smoking to separately ventilated areas in work sites, restaurants, day care centers, and other public sites. Since the 1995 report, few states have passed new indoor smoking restrictions or strengthened existing ones. Eighteen states continue to have preemptive clean indoor air laws; therefore, the United States is unlikely to achieve the year 2000 national health objective to eliminate preemptive clean indoor air laws.

In addition to the development and enactment of tobacco-control policies, enforcement and implementation of such policies are critical. Enforcement actions taken by state and local agencies might include fines, license removal, and other penalties. Implementation strategies include educational activities in support of the law, disseminating tobacco-use prevention materials to affected parties, and developing processes to ensure compliance with laws (79).

Tobacco-control laws are an essential part of public health efforts to reduce the harmful effects of tobacco use. Price and tax increases reduce tobacco use among youths and adults. Indoor smoking restrictions have been demonstrated to reduce consumption of tobacco products. Compliance with minors' access laws substantially reduces illegal sales to minors and also might (if sales rates are low enough) impact the use of tobacco products by youths. A few studies have documented that comprehensive advertising bans decrease cigarette demand.

In addition to the adoption and implementation of tobacco-control laws and policies, additional public health interventions are necessary for a comprehensive approach to effectively prevent and reduce tobacco use (5). For example, recent reports revealed that a tax increase on tobacco products combined with an antismoking campaign are more effective in sustaining the reduction in per capita cigarette consumption than a tax increase alone (81,82). Such antismoking campaigns include community-based prevention and educational programs, counteradvertising initiatives, and school-related interventions. In addition, interventions by the health-care system, in particular efforts to institutionalize delivery of tobacco-use cessation services, are critical (83).

Substantial evidence exists regarding the impact of tobacco-control policies; however, evaluation of the impact of these policies is ongoing. CDC is continuing to evaluate state tobacco-control programs and policies to further clarify the role of different interventions and policies in the reduction of tobacco use. CDC also will monitor state tobacco-control policies to assess progress toward the year 2000 national health objectives. In addition, CDC will apply the lessons of Healthy People 2000 in the development of the tobacco objectives for Healthy People 2010. Finally, as other issues emerge as critical tobacco-control priorities (e.g., legislation requiring disclosure of ingredients and legislation addressing the multistate tobacco settlement), expansion of legislative tracking activities will be considered.

Acknowledgments

The authors thank Terry F. Pechacek, PhD, Associate Director for Science, and Donald J. Sharp, MD, Medical Officer, both with the Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, CDC, for scientific input; Liza A. Fues, JD, and Jessica E. Fulginiti, both with the MayaTech Corporation (a contractor with the National Cancer Institute) for review of legislative table updates; Michael D. Seserman, MPH, Public Health Prevention Service Specialist, CDC, and Scott Batchelor, MPH, TRW, for assistance with researching tobacco excise tax laws; Andrew K. Fishman, Intern, Association of Schools of Public Health, CDC, for assistance with researching advertising laws; and Paula L. Kocher, JD, and Shelley M. Langguth, JD, Office of the General Counsel, CDC, for legal review of this report.

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* Available at CDC website http://www.cdc.gov/tobacco.

** Available at CDC website http://www.cdc.gov/tobacco.

*** Alabama, Arkansas, Colorado, Delaware, Idaho, Illinois, Kentucky, Maine, Minnesota, Montana, Nevada, New Jersey, Rhode Island, Texas, Utah.

**** Delaware, Louisiana, Maine, Minnesota, Mississippi, Montana, New Hampshire, New Jersey, Oklahoma, Texas, Utah.

***** Alaska, Hawaii, Illinois, Maine, Massachusetts, New Hampshire, New Jersey, Oregon, Rhode Island, Utah, Vermont, Washington, Wisconsin.

****** Florida, Minnesota, Mississippi and Texas were not included because these states had previous settlements with the tobacco industry.



Table 1



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TABLE 1. Summary of state laws* by type of restriction and state, as of December 31, 1998 -- Continued
============================================================================================================================================================
                                                                                                                                 Excise taxes
                               Smoke-free indoor air                    Minor's access to tobacco products                  ---------------------
                 ----------------------------------------------------   -----------------------------------    Advertising                Chewing
                 Government     Private                                   Sales and     Vending                of tobacco                 tobacco
State            work sites   work sites   Restaurants   Other sites+   distribution   machines   Licensing     products    Cigarettes   and snuff
-------------------------------------------------------------------------------------------------------------------------------------------------
Alabama                                                                       x                       x                          x           x
Alaska               x                          x              x              x            x          x                          x           x
Arizona              x                                         x              x                                    x             x           x
Arkansas                                                       x              x            x          x                          x           x
California           x             x            x              x              x            x                       x             x           x
Colorado             x                                         x              x            x                                     x           x
Connecticut          x             x            x              x              x            x          x                          x           x
Delaware             x             x            x              x              x            x          x                          x           x
Florida              x             x            x              x              x            x          x                          x           x
Georgia                                                        x              x            x          x                          x
Hawaii               x                          x              x              x            x                                     x           x
Idaho                x                          x              x              x            x                                     x           x
Illinois             x             x            x              x              x            x                       x             x           x
Indiana              x                                         x              x            x                       x             x           x
Iowa                 x             x            x              x              x            x          x                          x           x
Kansas               x                          x              x              x            x          x                          x           x
Kentucky                                                                      x            x          x            x             x
Louisiana            x             x                           x              x            x          x            x             x
Maine                x             x            x              x              x            x          x                          x           x
Maryland             x                          x              x              x            x          x                          x
Massachusetts        x                          x              x              x            x          x                          x           x
Michigan             x                          x              x              x            x          x            x             x           x
Minnesota            x             x            x              x              x            x          x                          x           x
Mississippi                                                                   x            x          x                          x           x
Missouri             x             x            x              x              x            x                                     x           x
Montana              x             x            x              x              x            x          x                          x           x
Nebraska             x             x            x              x              x            x          x                          x           x
Nevada               x                          x              x              x            x          x            x             x           x
New Hampshire        x             x            x              x              x            x          x                          x           x
New Jersey           x             x                           x              x            x          x                          x           x
New Mexico           x                                                        x            x                                     x           x
New York             x             x            x              x              x            x          x                          x           x
North Carolina                                                                x            x                                     x           x
North Dakota         x                          x              x              x                       x                          x           x
Ohio                 x                                         x              x            x          x                          x           x
Oklahoma             x                          x              x              x            x          x                          x           x
Oregon               x                          x              x              x            x                                     x           x
Pennsylvania         x             x            x              x              x                       x            x             x
Rhode Island         x             x            x              x              x            x          x                          x           x
South Carolina       x                                         x              x                       x                          x           x
South Dakota         x                                         x              x            x                                     x           x
Tennessee                                                      x              x            x                       x             x           x
Texas                                                          x              x            x          x            x             x           x
Utah                 x             x            x              x              x            x          x            x             x           x
Vermont              x             x            x              x              x            x          x                          x           x
Virginia             x                          x              x              x            x                                     x
Washington           x                          x              x              x            x          x                          x           x
Washington, DC       x             x            x              x              x            x          x                          x
West Virginia                                                  x              x                                    x             x
Wisconsin            x             x            x              x              x            x          x                          x           x
Wyoming              x                                                        x            x                                     x

Total                42           21            32            45             51           45          35           13           51           42
-------------------------------------------------------------------------------------------------------------------------------------------------
* Laws that have restrictions and/or require signs only.
+ Other sites include commercial and home-based day care centers, bars, shopping malls, grocery stores, enclosed arenas, public transportation, hospitals,
  prisons, and hotels and motels.
============================================================================================================================================================


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Table 2



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TABLE 2. States with laws on smoking in government work sites, as of December 31, 1998
=============================================================================================================================================================================================================================
                                                                Non-                                                 Local                                                  Penalties for first violation
             Type of               Minimum no.              retaliation                Written policy              government                Enforcement                 -----------------------------------    Signage
State      restriction*           of employees               provision                  on smoking                  covered                   authority                   To business               To smoker   required
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska          2                      No                        No                         No                        Yes                       Yes                       Fine of $20-$300          Yes         Yes
Arizona         2+                     No                        No                         No                        No                        No                        Petty offense             Yes         No
Arkansas        1&                     No                        No                         Yes                       No                        No@                       No                        No          No
California      3**                    6                         No                         No                        Yes                       No                        Fine up to $100           Yes         Yes
Colorado        4++                    No                        No                         No                        No                        Yes                       Corrective action,        Yes         Yes
                                                                                                                                                                            disciplinary action,
                                                                                                                                                                            or both
Connecticut     2+                     20                        No                         No                        Yes                       No                        Infraction                Yes         Yes
Delaware        2                      1                         Yes@                       Yes                       Yes                       Yes                       Fine of $25               Yes         Yes
Florida         2+                     No                        No                         Yes                       Yes                       Yes                       Fine up to $100           Yes         Yes
Hawaii          4++                    No                        No                         Yes                       Yes                       Yes                       Fine up to $500           No          Yes
Idaho           4++                    No                        No                         No                        No                        No                        No                        No          No
Illinois        2                      No                        No                         No                        Yes                       Yes                       No                        Yes         Yes
Indiana         2                      No                        No                         No                        Yes                       Yes                       No                        Yes         Yes
Iowa            2                      No                        No                         No                        Yes                       Yes                       Fine of $25               Yes         Yes
Kansas          4@++                   No                        No                         No                        Yes                       No@                       No                        Yes         Yes
Kentucky        1&&                    No                        No                         No                        No                        No                        No                        No          No
Louisiana       2                      25                        No                         Yes                       No                        No@                       No                        No          Yes
Maine           2                      No                        Yes                        Yes                       Yes                       Yes                       Fine up to $100           No          No
Maryland        4                      No                        No                         No                        No                        No                        No                        Yes         No
Massachusetts   4@                     No                        No@                        No                        Yes                       No                        No                        No          Yes@
Michigan        4@                     No                        No                         Yes                       No                        Yes                       No                        No          Yes
Minnesota       2                      No                        No                         No                        No                        Yes                       No                        Yes         Yes
Missouri        2                      No                        No                         No                        No                        No                        Infraction                Yes         Yes
Montana         2                      7                         No                         No                        No                        Yes                       No                        No          Yes
Nebraska        2                      No                        No                         No                        No                        Yes                       No                        Yes         Yes
Nevada          2                      No                        No                         No                        Yes                       Yes                       Misdemeanor               Yes         Yes
New Hampshire   2                      4                         Yes                        Yes                       Yes                       No@                       Fine of at least $100     Yes         Yes
New Jersey      2                      No                        No                         Yes                       Yes                       Yes                       No                        Yes         Yes
New Mexico      2                      15                        No                         Yes                       Yes                       Yes                       Fine of $10-$25           Yes         Yes
New York        2                      No                        No                         Yes                       Yes                       Yes                       Fine up to $2,000@        Yes         Yes
North Carolina  1@@                    No                        No                         No                        No                        No                        No                        No          No
North Dakota    2                      No                        No                         No                        No                        No@                       Fine up to $100           No          Yes
Ohio            4++                    No                        No                         No                        No                        No                        No                        No          No
Oklahoma        2                      No                        No                         No                        Yes                       Yes                       No                        No          Yes
Oregon          2                      No                        No                         No@                       No                        No                        No                        No          No
Pennsylvania    2                      No                        No                         Yes                       Yes                       Yes@                      Fine up to $50            Yes         Yes
Rhode Island    2                      No                        Yes                        Yes                       Yes                       Yes                       Fine of $50-$500          No          Yes
South Carolina  2                      No                        No                         No                        Yes                       Yes                       Misdemeanor; or fine      Yes         Yes
South Dakota    4++                    No                        No                         No                        No                        No                        Corrective action,        Yes         Yes
                                                                                                                                                                            disciplinary action,
                                                                                                                                                                            or both
Utah            4                      No                        No                         No                        Yes                       Yes                       Fine up to $100           Yes         No
Vermont         2                      No                        No                         No                        Yes                       Yes@                      Fine of $100              Yes         No
Virginia        2                      No                        No                         No                        Yes                       Yes                       Fine up to $25            Yes         Yes
Washington      4++                    No                        No                         No                        Yes                       No                        No                        No          No
Washington, DC  2                      No                        No                         Yes                       No                        Yes                       Fine up to $300           Yes         Yes
Wisconsin       2                      No                        No                         No                        Yes                       No@                       No                        Yes         Yes
Wyoming         3++                    No                        No                         No                        No                        Yes                       No                        No          Yes

Total***        42                     7                         4                          14                        26                        26                        24                        28          33
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
    ventilated, 4 = no smoking allowed (100% smoke free).
  + Legislation restricts smoking in government buildings but does not specify work sites.
  & Requires smoking policy but does not specify smoking restrictions.
  @ Correction from 1995 report.
 ** Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking
    is allowed.
 ++ Smoking restricted by executive order.
 && State government work sites are permitted but not required to develop policies on tobacco.
 @@ Smoking areas are required; nonsmoking areas are allowed.
*** Total number of state laws that have restrictions, enforcement, penalties, or signage.

NOTE: This table summarizes only those states that have legislative restrictions on smoking in government work sites. "Minimum no. of employees" indicates
whether the law requires a minimum number of employees at the work site for the law to be in effect. "Nonretaliation provision" indicates whether the law
protects an employee from retaliation for enforcing or attempting to enforce the law. "Written policy on smoking" indicates whether the law requires the
work site to establish written policies regarding the provisions of the law. "Local government covered" indicates whether work sites under the control of
political subdivisions of the state are covered by the law. "Enforcement authority" indicates whether the law designates a specific agency, department, office,
or governing body responsible for enforcing the law. "Penalties for first violation" indicates the penalty or fine imposed on a work site and whether smokers
are penalized for a first infraction. "Signage required" indicates whether the law requires signs to be displayed that describe the law.
=============================================================================================================================================================================================================================


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Table 3



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TABLE 3. States with laws on smoking in private-sector work sites, as of December 31, 1998
=================================================================================================================================================================
                                                                                                     Penalties for first violation
               Type of       Minimum no.   Nonretaliation   Written policy     Enforcement         ---------------------------------  Signage
State        restriction*   of employees    provision         on smoking        authority          To business             To smoker  required
---------------------------------------------------------------------------------------------------------------------------------------------
California        3+              6             No                No                No             Fine up to $100         Yes         Yes
Connecticut       2              20             No                No                No             No                      No          Yes
Delaware          2               1             Yes&              Yes               Yes            Fine of $25             Yes         Yes
Florida           2@             No             No                Yes               Yes            Fine up to $100         Yes         Yes
Illinois          2@             No             No                No                No             No                      Yes&        Yes
Iowa              2              No             No                No                Yes            Fine of $25             Yes         Yes
Louisiana         2              25             No                Yes               No&            No                      No          Yes
Maine             2              No             Yes               Yes               Yes            Fine up to $100         No          No
Minnesota         2              No             No                No                Yes            No                      Yes         Yes
Missouri          2              No             No                No                No             Infraction              Yes         Yes
Montana           2              No             No                No                Yes            Fine up to $25          No          Yes
Nebraska          2              No             No                No                Yes            No                      Yes         Yes
New Hampshire     2               4             Yes               Yes               No&            Fine of at least $100   Yes         Yes
New Jersey        2              50             No                Yes               Yes            No                      No          Yes
New York          2              No             No                Yes               Yes            Fine up to $2,000&      Yes         Yes
Pennsylvania      2              No             No                Yes               Yes&           Fine up to $50          Yes         Yes
Rhode Island      2              No             Yes               Yes               Yes            Fine of $50-$500        No          Yes
Utah              2              No             No                No**              Yes            Fine up to $100         Yes         No
Vermont           2              10             Yes               Yes               Yes            Fine of $100            Yes         No
Washington, D.C.  2              No             No                Yes               Yes            Fine up to $300         Yes         Yes
Wisconsin         2              No             No                No                No&            No                      Yes         Yes

Total++           21              7             5                 11                14             14                      15          18
---------------------------------------------------------------------------------------------------------------------------------------------
 * 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
   ventilated, 4 = no smoking allowed (100% smoke free).
 + Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking is
   allowed.
 & Correction from 1995 report.
 @ Restricts smoking in work sites but does not specify private-sector work sites.
** If 10 or more employees, written policy required.
++ Total number of state laws that have restrictions, enforcement, penalties, or signage (i. e., sign is posted indicating where smoking is prohibited).

NOTE: This table summarizes only those states that have legislative restrictions on smoking in private- sector work sites. "Minimum no. of employees" indicates
whether the law requires a minimum number of employees at the work site for the law to be in effect. "Nonretaliation provision" indicates whether the law
protects an employee from retaliation for enforcing or attempting to enforce the law. "Written policy on smoking" indicates whether the law requires the
work site to establish written policies regarding the provisions of the law. "Enforcement authority" indicates whether the law designates a specific agency,
department, office, or governing body responsible for enforcing the law. "Penalties for first violation" indicates the penalty or fine imposed on a work site
and whether smokers are penalized for a first infraction. "Signage required" indicates whether the law requires signs to be displayed that describe the law.
=================================================================================================================================================================


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Table 4



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TABLE 4. States with laws on smoking in restaurants, as of December 31, 1998
===================================================================================================================================================================
                                                                          Penalties for first violation
                Type of           Minimum seating  Enforcement       ----------------------------------------  Signage
State         restriction*           capacity+      authority        To business                    To smoker  required
-----------------------------------------------------------------------------------------------------------------------
Alaska            2                      50          Yes             Fine of $20-$300               Yes         Yes
California        3&                     No          No              Fine up to $100                Yes         Yes
Connecticut       2                      75          No              Infraction@                    Yes         Yes
Delaware          2                      50          Yes             Fine of $25                    Yes         Yes
Florida           2                   50 (35)        Yes             Fine up to $100                Yes         Yes
Hawaii            2                      50          Yes             Fine up to $20                 Yes         Yes
Idaho             2                      30          Yes             Fine up to $50                 Yes         Yes
Illinois          2                      No          No              No                             Yes         Yes
Iowa              2                      50          Yes             Fine of $25                    Yes         Yes
Kansas            2                      No          No@             No                             Yes         Yes
Louisiana         1@**                   No          No              No                             No          No
Maine             2                      No          Yes             Fine of $100-$500              No          Yes
Maryland          2                  No (60)++       No              No                             No          No
Massachusetts     2                      75          No@             No                             No          Yes
Michigan          2             >50 (50); <50 (25)   Yes             Misdemeanor                    No          Yes
Minnesota         2                      No          Yes             No                             Yes         Yes
Missouri          2                      50          Yes             Infraction                     Yes         Yes
Montana           2                      No          Yes             Fine up to $25                 No          Yes
Nebraska          2                      No          Yes             No                             Yes         Yes
Nevada            2                      50          Yes             Misdemeanor; fine up to $100   Yes         No
New Hampshire     2                      50          No@             Fine of at least $100          Yes         Yes
New York          2                   50 (70)        Yes             Fine up to $2,000@             Yes         Yes
North Dakota      2                     50@          No@             Fine up to $100                No          Yes
Oklahoma          2                      50          Yes             No                             No          Yes
Oregon            2                      30          Yes             Fine up to $100                No          Yes
Pennsylvania      2                      75          Yes             Fine up to $50                 Yes         Yes
Rhode Island      2                      50          Yes             Fine of $50-$500               Yes         Yes
Utah              4                      No          Yes             Fine up to $100                Yes         No
Vermont           4                      No          No              No                             No          No
Virginia          2                      50          Yes             Fine up to $25                 Yes         Yes
Washington        1                      No          Yes             No                             No          Yes
Washington, D.C.  2                   50 (25)        Yes             Fine up to $300                Yes         Yes
Wisconsin         2                      50          No@             No@                            Yes         Yes

Total&&           31                     22          22              22                             22          28
-----------------------------------------------------------------------------------------------------------------------
 * 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
   ventilated, 4 = no smoking allowed (100% smoke free).
 + Minimum seating capacity required by most restrictive law; percentage of seats required to be in smoke- free area is in parentheses.
 & Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking is
   allowed.
 @ Correction from 1995 report.
** Restaurants are permitted but not required to develop policies on smoking.
++ Maryland has no minimum seating requirement but requires restaurants of any size to have 60% of seats smokefree.
&& Total number of state laws that have restrictions, enforcement, penalties, or signage (i.e., sign is posted indicating where smoking is prohibited).

NOTE: This table summarizes only those states that have legislative restrictions on smoking in restaurants. "Minimum seating capacity" indicates whether
the law requires the restaurant to have a minimum number of seats for the law to be in effect and indicates in parentheses the percentage of seats required
to be smoke-free. "Enforcement authority" indicates whether the law designates a specific agency, department, office, or governing body responsible for
enforcing the law. "Penalties for first violation" indicates the penalty or fine imposed on a work site and whether smokers are penalized for a first infraction.
"Signage required" indicates whether the law requires signs to be displayed that describe the law.
===================================================================================================================================================================


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Table 5



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TABLE 5. States with laws on smoking in commercial and home-based daycare centers, as of December 31, 1998
=====================================================================================================================================================================
              Commercial day    Home-based day                                Penalties for first violation*
              care type of      care type of      Enforcement         ---------------------------------------------
State         restriction+      restriction+      authority           To business                         To smoker
-------------------------------------------------------------------------------------------------------------------
Alaska            4                 4&                Yes             Civil fine                            Yes
Arkansas          4                 1@                Yes             No                                    Yes
California        4                 2**               No              Infraction                            Yes
Delaware          4                 1                 No              Fine of $25-$50                       Yes
Florida           4                 1@                Yes             Fine up to $100                       Yes
Georgia           4&                1                 No              No                                    Yes
Hawaii            4&                4&**              No              No                                    Yes
Illinois          4&                4&**              No              No                                    No
Kansas            4&                1@                Yes             Civil fine                            No
Louisiana         4                 1@                Yes             Fine $25-$50                          Yes
Maine             2                 2&                No              Fine up to $100                       No
Massachusetts     2                 1@                No              No                                    No
Michigan          4                 4&                No              Fine $100-$1000; license revocation   Yes
Minnesota         4&                4&**              Yes             Petty misdemeanor                     Yes
Missouri          4&                1@                No              Infraction                            Yes
Nevada            2                 1                 Yes             Misdemeanor                           Yes
New Hampshire     4&                1@                Yes             Violation                             Yes
New Jersey        4++               1                 Yes             License suspension/revocation         No
New York          4                 1                 Yes             Civil penalty                         Yes
North Dakota      4&                1@                Yes             Class B misdemeanor                   Yes
Ohio              3                 3&                Yes             License revocation                    No
Oklahoma          4                 1@                Yes             Fine of $50                           No
South Carolina    4                 1@                Yes             Fine of $10-$25                       Yes
South Dakota      2                 2**               No              Petty offense                         Yes
Tennessee         2&                2&                Yes             Class B misdemeanor; fine of          No
                                                                        $0-$500
Utah              4&                4&                Yes             Fine up to $100                       Yes
Virginia          2                 1                 Yes             Fine up to $25                        Yes
Washington, D.C.  2                 1@                Yes             Fine $10-$50                          Yes
Wisconsin         4&                1@                Yes             No                                    Yes

Total&&           29                11                19              23                                    21
-------------------------------------------------------------------------------------------------------------------
 * Penalties are for both commercial day care and home-based day care where applicable.
 + 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
   ventilated, 4 = no smoking allowed (100% smoke free).
 & Nonsmoking restrictions are in effect when children are on the premises.
 @ Prohibits smoking in child care facilities; however, language does not specify home-based child day care.
** Correction from 1995 report.
++ Smoking restrictions are in effect when children are on the premises only. When children are not on the premises, smoking areas must be separately
   ventilated.
&& Total number of state laws that have restrictions, enforcement, or penalties.

NOTE: This table summarizes only those states that have legislative restrictions on smoking in day care centers. "Enforcement authority" indicates whether
the law designates a specific agency, department, office, or governing body responsible for enforcing the law. "Penalties for first violation" indicate the penalty
or fine imposed on a work site and whether smokers are penalized for a first infraction.
=====================================================================================================================================================================


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Table 6



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TABLE 6. States with laws on smoking in other sites,* as of December 31, 1998
======================================================================================================================================================
                          Shopping    Grocery    Enclosed       Public                               Hotels
State             Bars     malls      stores+     arenas    transportation   Hospitals   Prisons   and motels
-------------------------------------------------------------------------------------------------------------
Alaska              1        1           2          1              2             4          2           1
Arizona             1        1           1          1              2             2          1           1
Arkansas            1        1           1          1              1             2          1           1
California&         3        3           3          3              3             3          1           2
Colorado            1        1           1          2              2             2          1           1
Connecticut         1        1           2          1              2             2          1           1
Delaware            1        1           2          1              4             4          1           1
Florida             1        1           2          2              4             2          1           1
Georgia             1        1           1          1              4             1          1           1
Hawaii              1        1           2          1              2@            2          1           1
Idaho               1        1           2          2              2**           2          1           1
Illinois            1        1           2          2              2             2          1           1
Indiana             1        1           1          1              1             2          1           1
Iowa                1        2           2          2              2             2          1           2
Kansas              1        1           2          2              4             2          1           1
Louisiana           1        1           1          1              4             2          1           1
Maine               1        2           2          2              2             2          1           1
Maryland            1        1           2          1              4             4          1           2
Massachusetts       1        1           4          1              2**           2          1           1
Michigan            1        1           2          2              2             3          1           1
Minnesota           1        1           2          2              2**           4          4++         2
Mississippi         1        1           1          1              1&&           1          1           1
Missouri            2        2           2          2@@            2             2          1           1
Montana             1        1           2          2              2**           2          1           1
Nebraska            2        1           2          2              2             2          1           1
Nevada              1        1           2          1              2             2          1           1
New Hampshire       1        2           2          2              4             4          2           2
New Jersey          1        1           4          1              4             2          1           1
New York            1        1           2          2              4             2          1           1
North Dakota        1        1           1          1              2             2          1           1
Ohio                1        1           1          1              2**           2          1           1
Oklahoma            1        1           1          2              2             2          1           1
Oregon              1        1           2          2              1             2          1           1
Pennsylvania        1        1           1          2              2             2          1           1
Rhode Island        1        1           2          1              4             2          1           1
South Carolina      1        1           1          2              4             2          1           1
South Dakota        1        1           1          1              2             2          1           1
Tennessee           1        1           1          1              1             2          1           1
Texas               1        1           1          1              2             2          1           1
Utah                1        4           4          4              4             2          1           2
Vermont             2        2           2          2              2             2          1           2
Virginia            1        1           2          2              4             2          1           1
Washington          1        2           2          2              2**           2          1           1
Washington, D.C.    1        1           2          1              4             2          1           1
West Virginia       1        1           1          1              4             1          4***        1
Wisconsin           1        1           2          1              2**           4          1           1

Total+++            4        8          30         23             41            43          4           7
-------------------------------------------------------------------------------------------------------------
  * 1 = no restrictions, 2 = designated smoking areas required or allowed, 3 = no smoking allowed or designated smoking areas allowed if separately
    ventilated, 4 = no smoking allowed (100% smoke free).
  + Because law does not always explicitly refer to grocery stores, restrictions on retail stores are often included here.
  & Whereas most state laws stipulate areas in which smoking is restricted, California's law designates places and circumstances under which smoking
    is allowed.
  @ Taxis only.
 ** Prohibits smoking on certain forms of public transportation but allows designated smoking areas on others.
 ++ State correctional facilities only.
 && Correction from 1995 report.
 @@ Enclosed arenas with a capacity of 15,000 persons are exempt.
*** Applies to inmates held by regional facility authority in regional jails operated solely by the authority.
+++ Total number of state laws that have restrictions.

NOTE: This table summarizes only those states that have legislative restrictions on smoking in the specific sites.
======================================================================================================================================================


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Table 7



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TABLE 7. States with laws on sales of tobacco products to minors, as of December 31, 1998
================================================================================================================================================================
                                      Includes                        License
                    Minimum age        chewing                     suspension or    Penalties for first violation to           Prohibits purchase,
                   for legal sale    tobacco or     Enforcement    revocation for       business owner, manager             possession, and/or use by    Signage
State                 (years)           snuff        authority       violation               and/or clerk                            minors              required
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama                  19             Both            Yes              No         Fine of $10-$50                         Purchase/Possession/Use      No
Alaska                   19             Both            No              Both        Fine of at least $300                   Possession*                  Yes
Arizona                  18            Chewing          No               No         Petty offense; fine up to $300 for an   Purchase/Possession          No
                                    tobacco only                                      individual and up to $1,000 for an
                                                                                      enterprise+
Arkansas                 18             Both            Yes             Both        Misdemeanor; fine of $100               No                           Yes
California               18             Both            No               No         Fine of $200-$300; misdemeanor          Purchase/Possession          Yes
Colorado                 18             Both            Yes              No         Written warning                         Purchase                     Yes
Connecticut              18             Both            Yes             Both        Fine up to $200                         Purchase                     Yes
Delaware                 18             Both            Yes          Suspension     Fine of $250                            Purchase                     Yes
Florida                  18             Both            Yes             Both        2nd degree misdemeanor; fine of         Purchase/Possession          Yes
                                                                                      $500
Georgia                  18             Both            Yes              No         Misdemeanor                             Purchase                     Yes
Hawaii                   18             Both            No               No         Fine of $500                            Purchase                     Yes
Idaho                    18             Both            Yes              No         Misdemeanor; imprisonment for           Purchase/Possession/Use      No
                                                                                      6 months and/or a fine of $300
Illinois                 18             Both            Yes              No         Petty offense; fine of $200             Purchase                     No&
Indiana                  18             Both            No               No         Class C infraction; fine up to $500     Purchase/Possession          Yes
Iowa                     18             Both            Yes             Both        Simple misdemeanor; fine of $300        Purchase/Possession/Use      No
Kansas                   18            Chewing          No              Both        Misdemeanor; fine of $200-$1,000        Purchase/Possession          Yes
                                    tobacco only
Kentucky                 18             Both            Yes              No         Fine of $100-$500                       Purchase                     Yes
Louisiana                18             Both            Yes             Both        Fine of $50-$500                        Purchase/Possession@         Yes
Maine                    18             Both            Yes             Both        Fine of $50-$1500                       Purchase/Possession/Use      Yes
Maryland                 18             Both            No               No         Fine up to $300                         Possession/Use               No
Massachusetts            18             Both            No               No         Fine of at least $100                   No                           Yes
Michigan                 18             Both            No               No         Misdemeanor; fine up to $50             Possession/Use**             Yes
Minnesota                18             Both            Yes          Suspension     Fine of $75                             Purchase/Possession/Use      No
Mississippi              18             Both            Yes             Both        $50 and a warning letter                Purchase/Possession++        Yes
Missouri                 18             Both            No               No         Fine of $25                             No                           Yes
Montana                  18             Both            Yes             Both        Verbal notification/warning;            Possession/Use               Yes
                                                                                      fine of $25
Nebraska                 18             Both            No              Both        Class III misdemeanor                   Use                          No
Nevada                   18             Both            Yes              No         Fine up to $500                         No                           No
New Hampshire            18             Both            Yes             Both        Civil Infraction; fine up to $250       Purchase/Possession/Use      Yes
New Jersey               18             Both            Yes             Both        Fine of $250                            No                           Yes
New Mexico               18             Both            Yes              No         Misdemeanor; fine up to $1,000          Purchase                     Yes
New York                 18             Both            Yes          Suspension     Fine of $100-$300                       No                           Yes
North Carolina           18             Both            No               No         Class 2 misdemeanor                     Purchase                     Yes
North Dakota             18             Both            No               No         Class B misdemeanor;                    Use                          No
                                                                                      fine up to $500
Ohio                     18             Both            No               No         4th degree misdemeanor;                 No                           Yes
                                                                                      fine up to $250
Oklahoma                 18             Both            Yes          Suspension     Fine of $100                            Purchase/Possession          Yes
Oregon                   18             Both            Yes              No         Fine of $100-$500                       Possession                   Yes
Pennsylvania             18             Both            No               No         Fine of at least $25                    Possession/Use+&&            No
Rhode Island             18             Both            Yes          Suspension     Fine of $100                            Purchase/Use@@               Yes
South Carolina           18             Both            No               No         Misdemeanor; fine up to $25             No                           No
South Dakota             18             Both            Yes              No         Class II misdemeanor                    Purchase/Possession/Use      No
Tennessee                18             Both            Yes              No         Class A misdemeanor; fine up to         Purchase                     Yes
                                                                                      $2,500
Texas                    18             Both            Yes             Both        Class C misdemeanor; fine of $500       Purchase/Possession/Use      Yes
Utah                     19             Both            Yes             Both        Fine up to $300                         Purchase/Possession          No
Vermont                  18             Both            Yes             Both        Fine up to $100                         Purchase/Possession          Yes
Virginia                 18             Both            Yes              No         Fine up to $100                         Purchase/Possession          Yes
Washington               18             Both            Yes             Both        Fine of $100                            Purchase/Possession          Yes
Washington, D.C.         18             Both            No              Both        Misdemeanor; fine of $100-$500          No                           Yes
West Virginia            18             Both            Yes              No         Misdemeanor; fine of $10-$25            Possession/Use               No
Wisconsin                18             Both            No           Suspension     Fine up to $500                         Purchase/Possession+         Yes
Wyoming                  18             Both            No               No         Misdemeanor; fine up to $50             Purchase/Possession/Use      Yes

Total***                 51                             32               24         51                                      42                           36
----------------------------------------------------------------------------------------------------------------------------------------------------------------
  * Except minors at adult correctional facilities.
  + Correction from 1995 report.
  & Signage required for sale of tobacco accessories but not for tobacco.
  @ Except persons who are accompanied by a parent, spouse, or legal guardian aged >= 21 years, or who are in a private residence.
 ** A person aged <18 years may not possess or use tobacco in any form in public places.
 ++ A pupil may not possess tobacco on school property.
 && A pupil may not possess or use tobacco on school property.
 @@ A person aged <16 years may not smoke or chew in any public street, place, or resort.
*** Total number of state laws that have restrictions, enforcement, penalties, or signage (i.e., sign is posted indicating that it is illegal to sell tobacco
    products to persons aged <18 years).

NOTE: This table summarizes the legislative restrictions and preemption relating to sale and distribution of tobacco products to minors for all states. The
table includes the minimum age for legal sale in years. "Includes chewing tobacco or snuff" indicates whether the laws also restrict sales and distribution
of chewing tobacco or snuff. "Enforcement authority" indicates whether the law designates a specific agency, department, office, or governing body responsible
for enforcing the law. The table also indicates whether retail licenses may be suspended or revoked for sale of tobacco products to minors; the penalties to
business owners, managers, and/ or clerks for first violation of the law; and whether purchase, possession, and/ or use of tobacco by minors is prohibited.
"Signage required" indicates whether the law requires signs to be displayed that describe the law.
================================================================================================================================================================


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Table 8



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TABLE 8. States with laws on youth access to tobacco products through vending machines, as of December 31, 1998
=========================================================================================================================================================================
                                   Banned from
                                    locations
                   Restrictions    accessible     Limited     Locking                  Enforcement   Penalties to business for first
State               on access       to youth     placement    device    Supervision     authority               violation               Signage required
-------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska                 Yes             Yes           No         No          Yes            No        Fine of at least $300                     No
Arkansas               Yes             No           Yes         No          Yes            Yes       Misdemeanor; fine of $100                Yes
California             Yes             Yes           No         No           No            Yes       Fine of $200-$300                         No
Colorado               Yes             No           Yes         Yes          No            Yes       Written warning                          Yes
Connecticut            Yes             No           Yes         No          Yes            Yes       Fine of $250                             Yes
Delaware               Yes             Yes           No         No          Yes            Yes       Fine of $250                              No
Florida                Yes             No           Yes         Yes         Yes            Yes       Fine up to $1,000                         No
Georgia                Yes             No           Yes         No          Yes            Yes       Misdemeanor; fine up to $300             Yes
Hawaii                 Yes             Yes           No         No           No            No        Fine up to $1,000                        Yes
Idaho                  Yes*            No            No         No           No            No        Misdemeanor; imprisonment                 No
                                                                                                       up to 6 months or $300 or
                                                                                                       both
Illinois               Yes             No           Yes         Yes         Yes            No        No                                        No
Indiana                Yes             No           Yes         Yes          No            No        Class C infraction                       Yes
Iowa                   Yes*            No            No         No           No            No+       No                                        No
Kansas                 Yes             No           Yes         Yes          No           Yes+       Misdemeanor; fine up to $1,000            No
Kentucky               Yes             No           Yes         No          Yes            Yes       Fine of $100-$500                         No
Louisiana              Yes             Yes           No         No          Yes            No        Civil penalties $50-$500                 Yes
Maine                  Yes             No           Yes         No          Yes            Yes       Fine of $100-$500                        Yes
Maryland                No             No            No         No           No            No        No                                       Yes
Massachusetts           No             No            No         No           No            No        No                                       Yes
Michigan               Yes            Yes&           No         No          Yes            Yes       Misdemeanor; fine up to $1,000            No
Minnesota              Yes             Yes           No         No           No            No        No                                       Yes
Mississippi            Yes             Yes           No         No           No            Yes       Misdemeanor; fine of $20-$100             No
Missouri                No             No            No         No           No            No        No                                       Yes
Montana                Yes            Yes@           No         No           No            Yes       No                                        No
Nebraska               Yes            Yes&           No         No           No            No        Class III misdemeanor                     No
Nevada                 Yes             No          Yes**        No           No            No        No                                        No
New Hampshire          Yes             No            No         Yes         Yes            No        Fine of $100                             Yes
New Jersey             Yes             No          Yes++        No           No            No        Fine of $250                             Yes
New Mexico             Yes             Yes           No         No           No            Yes       Misdemeanor; fine up to                  Yes
                                                                                                       $1,000+
New York               Yes             Yes           No         No          Yes            Yes       Fine of $100-$300                         No
North Carolina         Yes             No           Yes         Yes         Yes            No        Class 2 misdemeanor                       No
Ohio                   Yes             No           Yes         No          Yes            No        4th degree misdemeanor                    No
Oklahoma               Yes             No           Yes         Yes         Yes            Yes       No                                        No
Oregon                 Yes            Yes&&          No         No           No            No        Fine up to $250                           No
Rhode Island           Yes             No            No         Yes         Yes            No        Fine of $75                              Yes
South Dakota           Yes             Yes           No         No           No            Yes       Class II misdemeanor                     Yes
Tennessee              Yes             No           Yes         Yes         Yes            Yes       Class C misdemeanor                       No
Texas                  Yes             Yes           No         No           No            No        Class C misdemeanor;                      No
                                                                                                       fine of $500
Utah                   Yes             Yes           No         No           No            No        Class C misdemeanor                       No
Vermont                Yes             Yes           No         No          Yes            Yes       No                                       Yes
Virginia               Yes             No           Yes         No          Yes            Yes       Fine up to $100                          Yes
Washington             Yes             Yes           No         No           No            Yes       No                                        No
Washington, D.C.       Yes            Yes&           No         No          Yes            Yes       Fine up to $1,000                         No
Wisconsin              Yes             No           Yes         No          Yes            No        Fine up to $500                          Yes
Wyoming                Yes             Yes           No         No           No            No        Misdemeanor; fine up to $50              Yes

Total@@                 42             20            18         10           22            22        34                                        21
-------------------------------------------------------------------------------------------------------------------------------------------------------
 * Requires businesses that have vending machines to ensure minors do not have access to the machines; however, law does not specify type of restriction
   (e.g., limited placement, locking device, or supervision).
 + Correction from 1995 report.
 & Allows vending machines in certain licensed establishments not listed in youth access law.
 @ Except restaurants with a bar seating area.
** Restricts placement on elevators; public buses and school buses; waiting rooms of medical facilities or offices; grocery stores; child care centers; and
   regional transportation maintenance facilities and offices only.
++ Restricts placement at schools only.
&& Exempts hotels and motels.
@@ Total number of state laws that have restrictions, enforcement, penalties, or signage (i. e., sign is posted indicating that it is illegal to sell tobacco products
   to persons aged <18 years).

NOTE: This table summarizes only those states that have tobacco vending machine restrictions or require signs describing youth access restrictions to be
affixed to tobacco vending machines. "Restrictions on access" indicates whether there are any restrictions on youth access to these machines. States that
have a "no" in this column are included on this table because they have laws requiring that signs regarding youth access restrictions be affixed to tobacco
vending machines. "Banned from locations accessible to youth" indicates whether the law restricts the placement of vending machines to bars, cabarets,
factories, businesses, offices, or any other establishment not readily accessible to minors. "Limited placement" indicates whether vending machines are
banned from areas accessible to minors or are allowed in such areas only if the machines have locking devices (mechanical lock-out devices requiring tokens)
or are supervised (in plain view of an employee). "Enforcement authority" indicates whether the law designates a specific agency, department, office, or
governing body responsible for enforcing the law. The table also indicates the penalties to a business for first violation of the law. "Signage required" indicates
whether the law requires that signs describing youth access restrictions be affixed to the vending machines.
=========================================================================================================================================================================


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Table 9



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TABLE 9. States with laws on retail licensing for sales of tobacco products, as of December 31, 1998
==================================================================================================================================================================
                                   Retail                                             Vending Machine
                                   license                                      ----------------------------
                                  includes              Over-the-counter                      License fee
                   Any retail      chewing          ------------------------                    (machine
                    license      tobacco or         License          License     License    Operator fee/fee
State               required        snuff           required           fee      required      per machine)     Renewal frequency    Penalties to business for violation
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama               Yes            Yes              Yes              No          Yes             No                1 year         Fine of at least $200 misdemeanor;
                                                                                                                                      license suspension or revocation
Alaska                Yes            No               Yes              $25         Yes           $25/$0              1 year         Misdemeanor; fine up to $2,000; license
                                                                                                                                      suspension or revocation
Arkansas              Yes           Yes*              Yes           $20-$50+       Yes          $100/$10             1 year         Class C misdemeanor; license suspension
                                                                                                                                      or revocation
Connecticut           Yes            No               Yes              $25         Yes       $25-$1,000&/$0          1 year         Fine up to $500; license suspension or
                                                                                                                                      Revocation
Delaware              Yes            Yes              Yes              $15         Yes           $0/$3              3 years         Fine up to $1,000@; license suspension or
                                                                                                                   (over-the-         Revocation
                                                                                                                counter); 1 year
                                                                                                                    (vending
                                                                                                                    machine)
Florida               Yes            Yes              Yes**         Up to $50      Yes        Up to $50++            1 year         Fine up to $500; license suspension or
                                                                                                                                      revocation
Georgia               Yes            Yes              Yes              No          Yes           $0/$1           No (over-the-      Fine of $25-$250; license suspension or
                                  (vending                                                                      counter); 1 year      revocation
                                   machine                                                                          (vending
                                    only)                                                                           machine)
Iowa                  Yes            No               Yes          $50-$100&&      Yes          $100/$0              1 year         Fine of $50; license suspension or
                                                                                                                                      revocation
Kansas                Yes            No               Yes              $12         Yes           $0/$12             2 years         Misdemeanor; fine up to $1,000; license
                                                                                                                                      suspension or revocation
Kentucky              Yes            No                No              No          Yes           $25/$0              1 year         Fine of $500
Louisiana             Yes            Yes              Yes              $75         Yes           $75/$5              1 year         Misdemeanor; fine of $50-$500; license
                                                                                                                                      suspension or revocation
Maine                 Yes            Yes              Yes           Up to $25      Yes           $0/$25                No           Fine of $300-$500
Maryland              Yes            No               Yes              $30         Yes       $500/$0 ($200           1 year         Misdemeanor; fine of $1,000; license
                                                                                            application fee;                          suspension or revocation
                                                                                            $30 renewal fee)
Massachusetts         Yes            Yes              Yes             $10@@        Yes          $100/$5             2 years         Fine up to $50; license
                                                                                                                   (over-the-         Suspension or revocation
                                                                                                                  counter and
                                                                                                                    vending
                                                                                                                machine); 1 year
                                                                                                                    (vending
                                                                                                                    machine
                                                                                                                   operator)
Michigan              Yes            Yes               No              No          Yes        $5-$100&/$0            1 year         Fine of 100% of tax due, felony with fine
                                                                                                                                      up to $5,000, or both; license
                                                                                                                                      suspension or revocation
Minnesota            Yes***          Yes               No              No          No              No                  No           No
Mississippi           Yes            Yes              Yes              No          No              No                1 year         License suspension or revocation
Montana               Yes            Yes              Yes              $5          Yes         $5-$50&/$0            1 year         Misdemeanor; fine up to $500; license
                                                                                                                                      suspension or revocation
Nebraska              Yes            Yes             Yes**           $10-$25       Yes        $10-$25++/$0           1 year         Class III misdemeanor
Nevada                Yes            Yes             Yes**             No          Yes             No                  No           Misdemeanor; license suspension or
                                                                                                                                      revocation
New Hampshire         Yes            Yes              Yes              $10         Yes          $70/$10             2 years         Misdemeanor; fine up to $2,000 for
                                                                                                                                      individuals and up to $20,000 for
                                                                                                                                      corporations; license suspension or
                                                                                                                                      revocation
New Jersey            Yes            No               Yes              $50         Yes           $0/$50              1 year         Fine up to $250; license suspension or
                                                                                                                                      revocation
New York              Yes            Yes              Yes             $100         Yes           $0/$25              1 year         Fine up to $200 (over-the-counter); fine up
                                                                                                                                      to $100 (vending machine)
North Carolina       No+++           No                No              No          No              No                  No           No
North Dakota          Yes            Yes             Yes**             $15         No            $15/$0              1 year         Class A misdemeanor; license suspension
                                                                                                                                      or revocation@
Ohio                  Yes            No               Yes           $25-$30&       Yes        $0/$25-$30&            1 year         Misdemeanor; license suspension or
                                                                                                                                      revocation
Oklahoma              Yes            No               Yes              $30         Yes           $0/$50             3 years         Fine up to $30
                                                                                                                   (over-the-
                                                                                                                counter); 1 year
                                                                                                                    (vending
                                                                                                                    machine)
Pennsylvania          Yes            No               Yes              $25         Yes           $25/$0              1 year         Fine of $250-$1,000; license suspension
                                                                                                                                      or revocation
Rhode Island          Yes            No               Yes              $25         Yes        $100&&&/$25              No           Fine up to $100; license suspension or
                                                                                                                                      revocation
South Carolina        Yes            Yes               No              No          Yes             No                  No           Fine of $20-$100
Texas                 Yes          Yes@@@             Yes              No          Yes             No               2 years         Fine of $750
Utah                  Yes            Yes              Yes            $30****       Yes           $30/$0             3 years         Class B misdemeanor; license suspension
                                                                                                                                      or revocation
Vermont               Yes            Yes              Yes              $10         Yes           $10/$0              1 year         Misdemeanor; fine up to $200; license
                                                                                                                                      suspension or revocation
Washington            Yes            No               Yes              $93         Yes          $93/$30         Unspecified++++     Misdemeanor; license suspension or
                                                                                                                                      revocation
Washington, D.C.      Yes            No               Yes              $15         Yes           $0/$15              1 year         Fine up to $1,000; license suspension or
                                                                                                                                      revocation
Wisconsin             Yes        Yes (over-           Yes           $5-$100&&      Yes           $50/$0              1 year         Fine of $25-$1,000; license revocation
                                 the-counter
                                    only)
Total&&&&              35            22                31              26          32              29                  30           34
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   * Requires separate licenses for cigarettes and other tobacco products.
   + Based on monthly gross sales.
   & Based on number of sites or vending machines operated.
   @ Correction from 1995 report.
  ** Includes vending machines.
  ++ Only one fee required if more than one vending machine is operated under the same roof.
  && Based on size of locality.
  @@ License fees determined annually by the department of revenue.
 *** Cities and towns are required to license and regulate retail tobacco sales. County boards are required to license and regulate retail tobacco sales in
     unorganized territories and in cities or towns that do not license or regulate retail tobacco sales.
 +++ North Carolina, formerly coded yes in the 1995 report, is now coded no. A retail license exists for those retailers who manufacture their own tobacco
     products or deal nontaxed tobacco products.
 &&& Only if vending machine operator has >= 25 machines.
 @@@ Retailers are allowed to sell both cigarettes and other tobacco products through a combination permit.
**** License fees determined by tax commission.
++++ Unspecified in law; might be specified elsewhere (e.g., state regulations).
&&&& Total number of state laws that have restrictions or penalties.

NOTE: This table summarizes only those states that require some form of retail licensure (i.e., either over-the-counter or vending machine). This table does
not include license requirements for tobacco wholesalers or distributors. "Any retail license required" indicates whether the law requires any person owning
a store that sells cigarettes at retail or operates a cigarette vending machine to obtain a license or permit. Whether an over-the-counter or vending machine
license is required is also specified. Vending machine licenses might include vending machine operators who supply vending machines to more than one
retail store. "Retail license includes chewing tobacco or snuff" indicates whether the license includes the sale of chewing tobacco or snuff. "License fee"
indicates whether a fee is required and the amount of the fee for over-the-counter licenses, vending machine operator licenses, or licenses per vending
machine. "Renewal frequency" indicates whether and how often licenses have to be renewed. The table also indicates the penalties to a business for violation
of the law.
==================================================================================================================================================================


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Table 10



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TABLE 10. States with laws on tobacco advertising (excluding promotions), as of December 31, 1998
=======================================================================================================================================
                            Banned on state  Restriction on public                       Restrictions on other
State      Any restriction    property         transportation               Near schools   specific locations      Other restriction
------------------------------------------------------------------------------------------------------------------------------------
Arizona        Yes               No                 No                            No              Yes*                    No
California     Yes               Yes                No                            Yes+            No                      Yes&
Illinois       Yes               No                 No                            No              No                      Yes@
Indiana        Yes               No                 No                            Yes**           No                      No
Kentucky       Yes               No                 No                            Yes++           No                      No
Louisiana      Yes               No                 No                            No              No                      Yes&&
Michigan       Yes               No                 No                            No              No                      Yes@
Nevada         Yes               No                 No                            No              Yes*                    No
Pennsylvania   Yes               No                 No                            No              No                      Yes&&
Tennessee      Yes               No                 No                            No              Yes*                    No
Texas          Yes               No                 No                            Yes@@           Yes@@                   No
Utah           Yes               No                 Yes                           No              No                      Yes@***
West Virginia  Yes               No                 No                            No              No                      Yes

Total+++       13                1                  1                             4               4                       7
------------------------------------------------------------------------------------------------------------------------------------
  * Tobacco advertisements are not allowed on the back of school buses.
  + Advertising of tobacco products on outdoor billboards must be located 1,000 ft. away from schools or playgrounds.
  & Video games.
  @ Advertising of smokeless tobacco on printed materials must have warning labels.
 ** Advertising of tobacco products on outdoor billboards must be located 200 ft. away from schools.
 ++ No larger than 50 square feet and not less than 500 ft. away from a school.
 && Lottery tickets.
 @@ Advertising of tobacco products on outdoor signs must be located 1,000 ft. away from schools or churches.
*** Banned.
+++ Total number of state laws including each type of provision.

NOTE: This table summarizes only those states that have legislative restrictions on advertising.
=======================================================================================================================================


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Table 11



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TABLE 11. State tax on tobacco products and year most recent tax change became
effective, as of December 31, 1998
====================================================================================================
                            Cigarettes                         Chewing tobacco and snuff
                  -------------------------------   ----------------------------------------------
                                 Year most recent                                 Year most recent
                  Tax (cents        tax change                                       tax change
State             per pack)*     became effective   Tax                           became effective
--------------------------------------------------------------------------------------------------
Alabama            16.5                1984         3/4› per oz. (chew)                 1984
                                                    1/2› per oz. (snuff)
Alaska            100                  1997         75% of WP+                          1997
Arizona            58                  1994         6.5› per oz.                        1994
Arkansas           31.5&               1993         23% of MSP@                         1993
California         37                  1994         29.37% of WSP**++                   1998
Colorado           20                  1986         20% of MLP&&                        1986
Connecticut        50                  1994         20% of WSP                          1989
Delaware           24                  1991         15% of WSP                          1987
Florida            33.9                1990         25% of WSP                          1985
Georgia            12                  1971         None                                NA@@
Hawaii            100                  1998         40% of WSP                          1965
Idaho              28                  1994         40% of WSP                          1994
Illinois           58                  1997         18% of WSP                          1995
Indiana            15.5                1987         15% of WSP                          1987
Iowa               36                  1991         22% of WSP                          1991
Kansas             24                  1985         10% of WSP                          1972
Kentucky            3                  1970         None                                 NA
Louisiana          20                  1990         None                                 NA
Maine              74                  1997         62% of WSP                          1991
Maryland           36                  1992         None                                 NA
Massachusetts      76                  1996         75% of WSP                          1996
Michigan           75                  1994         16% of WSP                          1994
Minnesota          48                  1992         35% of WSP                          1987
Mississippi        18                  1985         15% of MLP                          1985
Missouri           17                  1993         10% of manufacturer's               1993
                                                      invoice price
Montana            18                  1993         12.5% of WSP                        1993
Nebraska           34                  1993         15% of purchase price***            1988
Nevada             35                  1989         30% of WP                           1983
New Hampshire      37                  1997         27.1% of WSP+++                     1998
New Jersey         80                  1998         48% of WP                           1998
New Mexico         21                  1993         25% of product value***             1986
New York           56                  1993         20% of WSP                          1993
North Carolina      5                  1991         2% of cost***                       1991
North Dakota       44                  1993         28% of WPP&&&                       1993
Ohio               24                  1993         17% of WSP                          1993
Oklahoma           23                  1987         30% of factory list price           1985
Oregon             68                  1997         65% of WSP                          1997
Pennsylvania       31                  1991         None                                 NA
Rhode Island       71                  1997         20% of WSP                          1992
South Carolina      7                  1977         5% of MP@@@                         1968
South Dakota       33                  1995         10% of WPP                          1995
Tennessee          13                  1971         6% of WSP                           1972
Texas              41                  1990         35% of MLP                          1990
Utah               51.5                1997         35% of MSP                          1986
Vermont            44                  1995         41% of WP                           1995
Virginia            2.5                1966         None                                 NA
Washington         82.5                1996         74.9% of WSP                        1993
Washington, D.C.   65                  1993         None                                 NA
West Virginia      17                  1978         None                                 NA
Wisconsin          59                  1997         20% of MLP                          1981
Wyoming            12                  1989         None                                 NA
--------------------------------------------------------------------------------------------------
  * Twenty cigarettes per pack.
  + Wholesale price.
  & If the state does not appropriate adequate funds for breast cancer research and control, 2.5› per
    pack is added (1997).
  @ Manufacturer's selling price.
 ** Rates determined by the State Board of Equalization.
 ++ Wholesale sales price.
 && Manufacturer's list price.
 @@ Not applicable.
*** Definition and/or legislative language indicates that unit is equivalent to manufacturer's price.
+++ Imposes tax at a rate proportional to the cigarette tax.
&&& Wholesale purchase price.
@@@ Manufacturer's price.
====================================================================================================


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Table 12



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TABLE 12. Preemption provisions in effect as of December 31, 1998
==========================================================================================================================================================
                                        Smoke-free indoor air                        Minors' access                         Marketing
                               ----------------------------------------    ----------------------------------   ------------------------------
                     Any       Government    Private work                  Sales to    Vending
State            preemption    work sites       sites       Restaurants     youth     machines   Distribution   Sampling   Display   Promotion
----------------------------------------------------------------------------------------------------------------------------------------------
California            x            x              x              x            x                        x
Connecticut*          x            x              x              x
Delaware              x            x              x              x            x           x            x            x
Florida               x            x              x              x
Illinois+             x            x              x              x
Indiana               x                                                       x                        x                      x
Iowa                  x            x              x              x            x           x            x
Kentucky*             x                                                       x           x            x                      x
Louisiana             x            x              x              x            x           x            x
Massachusetts&        x
Michigan+             x                                          x            x
Mississippi           x                                                       x           x            x
Montana               x                                                       x           x            x                                 x
Nevada                x            x              x              x            x           x            x                      x          x
New Jersey@           x
New Mexico            x                                                       x           x            x            x
New York              x                                                                                             x
North Carolina        x            x              x              x            x                        x                      x          x
Oklahoma              x            x                             x            x                        x            x         x          x
Oregon                x                                                                   x
Pennsylvania          x            x              x              x
South Carolina*       x            x                                          x                        x            x
South Dakota          x            x              x              x            x                        x                                 x
Tennessee             x            x              x              x            x           x            x            x         x          x
Utah                  x            x              x              x
Virginia              x            x              x              x
Washington            x                                                       x           x                         x                    x
West Virginia+        x
Wisconsin             x                                                       x           x            x
Wyoming               x                                                       x                        x

Total**              30            16             14             16           19         12           17            7         6          7
----------------------------------------------------------------------------------------------------------------------------------------------
 * Correction from 1995 report. Connecticut, Kentucky, and South Carolina were previously listed as having preemption in clean indoor air for government
   work sites, private-sector work sites, or restaurants.
 + Illinois, Michigan, and West Virginia have preemptive clauses regarding labeling of smokeless tobacco products.
 & Massachusetts' preemptive clause only pertains to the sale of cigarette rolling papers.
 @ New Jersey's preemptive clause only pertains to smoking in health-care facilities or in offices of persons performing the healing arts.
** Total number of state laws including each type of provison.
==========================================================================================================================================================


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