Citations for
Resolution Supporting Statewide Smokefree
Air Legislation that Preserves Local Authority To Protect
Public Health
Whereas tobacco use and secondhand smoke are public health
hazards, especially to children, causing cancer, heart disease,
and respiratory disease, and are responsible for the death
of more than 53,000 nonsmokers per year in the United States,
and 2,000 in New Jersey, and more than 420,000 Americans who
use tobacco, including more than 11,000 in New Jersey;
Campaign for Tobacco-free Kids, "The Toll of Tobacco
in New Jersey", State Tobacco Settlement. Retrieved May
4, 2004 from http://www.tobaccofreekids.org/reports/settlements/TobaccoToll.php3?StateID=NJ.
Centers for Disease Control," New Jersey Highlights",
Tobacco Information and Prevention Source. (2002) Retrieved
May 3, 2004 from http://www.cdc.gov/tobacco/statehi/html_2002/New_Jersey.htm.
Centers for Disease Control, "Fact Sheet, Health Effects
of Cigarette Smoking", Tobacco Information and Prevention
Source, (February 2004). Retrieved May 3, 2004 from http://www.cdc.gov/tobacco/factsheets/HealthEffectsofCigaretteSmoking_Factsheet.htm.
Centers for Disease Control, "Annual smoking-attributable
mortality, years of potential life lost, and economic costs-United
States, 1995-1999", Morbidity and Mortality Weekly Report,
51(14):300-303. (2002). Retrieved May 7, 2004 from http://www.cdc.gov/mmwr/PDF/wk/mm5114.pdf.
Centers for Disease Control, "40th Anniversary of the
First Surgeon General's Report on Smoking and Health",
Morbidity and Mortality Weekly Report 53(03):39.(2004). Retrieved
May 3, 2004 from http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5303a1.htm.
Delnevo CD, Hrywna M, Lewis MJ, Osinubi OYO, Ritch WA, Abatemarco
DJ, Kaufman I, Malka ES. " Comprehensive Tobacco Control
Program, Independent Evaluation of the New Jersey Comprehensive
Tobacco Control Program" Annual Update for the New Jersey
Department of Health and Senior Services, New Brunswick, New
Jersey, page 8. (2002). Retrieved May 3, 2004 from http://www.state.nj.us/health/as/ctcp/annualreport03.pdf.
New Jersey Department of Health and Senior Services, New
Jersey Comprehensive Tobacco Control Program, 2001 Annual
Report, pp. 3, 46. Retrieved May 3, 2004 from http://www.state.nj.us/health/as/ctcp/annualreport.htm.
American Heart Association, New Jersey Affiliate, North
Brunswick, New Jersey, "1996 Fact Sheet" (1996).
cited by Governor McGreevey in press release, (August 9, 2002).
Retrieved May 3, 2004 from http://www.state.nj.us/health/news/p20809b.htm.
Glantz S, Parmley W., " Passive Smoking and Heart Disease",
JAMA,1024-1053. (1995).
Glantz S, Parmley W. " Passive Smoking and Heart Disease,
Epidemiology, Physiology, and Biochemistry". Circulation,
83:1-12.(1991).
Centers for Disease Control, "Annual Deaths Attributable
to Cigarette Smoking-
United States, 1995-1999" (2002). Retrieved May 7, 2004
from http://www.cdc.gov/tobacco/overview/attrdths.htm.
ETS harm:
Centers for Disease Control, " Fact Sheet, Exposure
to Environmental Tobacco Smoke and Cotinine Levels",
Tobacco Information and Prevention Source. Retrieved May 3,
2004 from http://www.cdc.gov/tobacco/research_data/environmental/factsheet_ets.htm.
National Cancer Institute, "Health Effects of Exposure
to Environment Tobacco Smoke", Smoking and Tobacco Control
Monograph No. 10, Bethesda, MD: U.S. Department of Health
and Human Services, National Institutes of Health, National
Cancer Institute; (1999). NIH Pub. No. 99-4645. Retrieved
May 7, 2004 from http://cancercontrol.cancer.gov/tcrb/monographs/10/m10_1.pdf.
National Toxicology Program, "10th Report on Carcinogens",
U.S. Department of Health and Human Services, Public Health
Service, (December 2002). Retrieved May 7, 2004 from http://ehp.niehs.nih.gov/roc/toc10.html.
Pirkle JL, Flegal KM, Bernert JT, Brody DJ, Etzel RA, and
Maurer KR., "Exposure of the U.S. population to environmental
tobacco smoke: The Third National Health and Nutrition Examination
Survey, 1988 to 1991", Journal of the American Medical
Association, 275(16):1233-1240.(1996).
U.S. Environmental Protection Agency, "Respiratory Health
Effects of Passive Smoking: Lung Cancer and Other Disorders",
Pub. No. EPA/600/6-90/006F. (1992). Retrieved May 7, 2004
from http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=2835.
U.S. Department of Health and Human Services, "Women
and Smoking: A Report of the Surgeon General", Public
Health Service, Office of the Surgeon General, (2001). Retrived
May 7, 2004 from http://www.cdc.gov/tobacco/sgr/sgr_forwomen/index.htm.
Centers for Disease Control, "Annual smoking-attributable
mortality, years of potential life lost, and economic costs-United
States, 1995-1999", Morbidity and Mortality Weekly Report
51(14):300-303. (2002).Retrieved May 7, 2004 from http://www.cdc.gov/mmwr/PDF/wk/mm5114.pdf.
Whereas tobacco use is a safety hazard, linked to increased
fires and accidents;
Fires:
Hall, John R., "The Smoking-Material Fire Problem (Executive
Summary)", National Fire Prevention Association, (May,
2003). Retrieved April 28, 2004 from http://www.nfpa.org/PDF/OS.smokesum2.PDF?src=nfpa.
Leistikow, B., Martin, D., and Milano, C., "Fire Injuries,
Disasters, and Costs from Cigarettes and Cigarette Lights;
A Global Overview", Preventive Medicine 31, pp. 91-99
(2000). Retrieved April 28, 2004 from http://epm-leistikow.ucdavis.edu/SmokingFires.pdf.
The Hartford Insurance Company, "Fire Causes and Prevention",
Fire Sense. Retrieved April 28, 2004 from http://www.thehartford.com/firesense/causes_prev/smoking.htm.
Federal Emergency Management Agency, U.S. Fire Administration,
National Fire Data Center, "Establishing a Link between
Alcohol and Casualties of Fire", FA-173, p.19. (October
1999). [Nationally, fire-reporting agencies have identified
smoking as the fifth most frequent cause of residential fires,
the leading cause of fire fatalities, and the second most
common cause of fire-related injuries.] Retrieved April 28,
2004 from http://www.usfa.fema.gov/downloads/pdf/publications/alcohol.pdf.
Federal Emergency Management Agency, U.S. Fire Administration,
"Home Fire Safety", Fact Sheet: Facts on Fire, [Careless
smoking is the leading cause of fire deaths.] Retrieved April
28, 2004 from http://www.usfa.fema.gov/public/factsheets/facts.shtm.
Accidents:
Carlson, Regina L., Smokefree Air Everywhere, New Jersey
GASP, pp. 20-21 (1997).
American Lung Association, "Smoking and the Workplace",
Treatment Options and Procedures. Retrieved April 28, 2004
from http://www.lungusa.org/site/pp.asp?c=dvLUK9O0E&b=23036.
Whereas tobacco use imposes economic costs, borne by governments,
proprietors, and nonsmokers;
New Jersey Comprehensive Tobacco Control Program, 2001 Annual
Report, pp. 5, 19. Retrieved April 28, 2004 from http://www.state.nj.us/health/as/ctcp/annualreport.htm.
Campaign for Tobacco-free Kids, "The Toll of Tobacco
in New Jersey", State Tobacco Settlement. Retrieved April
28, 2004 from
http://www.tobaccofreekids.org/reports/settlements/TobaccoToll.php3?StateID=NJ.
Centers for Disease Control, "New Jersey Highlights"
in "Tobacco Control State Highlights", Tobacco Information
and Prevention Source, pp. 88-89. Retrieved April 28, 2004
from http://www.cdc.gov/tobacco/statehi/pdf_2002/NewJersey.pdf.
Whereas smokefree air policies and laws protect health
and safety, encourage everyone, especially children, to be
smokefree or smoke less, and reduce costs;
Americans for Nonsmokers Rights, "The Effect of Clean
Indoor Air Ordinances on Smoking Prevalence and Cessation",
(August 6, 2002). Retrieved April 28, 2004 from http://www.no-smoke.org/cessation.html.
Americans for Nonsmokers Rights , "Smokefree Air As
a Youth Protection Strategy", (January 1, 2003). Retrieved
April 28, 2004 from http://www.no-smoke.org/cia_as_youth_access.html.
Harvard School of Public Health , "Students Entering
College as Nonsmokers 40 Percent Less Likely to Take Up Smoking
When They Live in Smoke-Free Dorms", Press Releases,
(March 22, 2001). Retrieved April 28, 2004 from http://www.hsph.harvard.edu/press/releases/press03222001.html.
Caroline M Fichtenberg & Stanton A Glantz, "Effect
of smoke-free workplaces on smoking behaviour: systematic
review", British Medical Journal, (July 27, 2002). Retrieved
April 28, 2004 from http://bmj.com/cgi/content/full/325/7357/188.
Americans for Nonsmokers Rights," Economic Impact of
Smokefree Air Laws and Policies", (May 2003). Retrieved
April 28, 2004 from http://www.no-smoke.org/economic_impact.html.
Andrew Hyland, Vanaja Puli, Michael Cummings, and Russ Sciandra
"New York's Smoke-free Regulations: Effects on Employment
and Sales in the Hospitality Industry", Cornell Hotel
and Restaurant Administration Quarterly, pp. 9-16. (June 2003).
Centers for Disease Control, "Targeting Tobacco Use:
The Nation's Leading Cause of Death 2004", Office on
Smoking and Health Summary 2004. Retrieved April 28, 2004
from http://www.cdc.gov/tobacco/overview/oshsummary2004.htm.
Whereas New Jersey state legislation controlling tobacco
use in workplaces and public places is inadequate;
· Places of Employment. NJSA 26:3D-23 et.seq. permits
smoking in private workplaces with fewer than 50 employees
per building. (Most workplaces in New Jersey have fewer than
50 employees.)
· Restaurants and bars. NJSA 26:3E-7 et.seq. permits
smoking in any restaurant; only requires posting of a sign
by the owner as to whether smoking is or is not allowed. (Many
teens work in restaurants.) No state statute controls smoking
in bars.
· Restaurants in government buildings. NJSA 26:3D-48c
permits smoking in restaurants with fewer than 50 occupants;
for sites with more than 50 occupants, requires a nonsmoking
area of unspecified size to be designated by the manager in
accordance with patron needs.
· Small retail food/marketing stores. NJSA 26:3D-32
et.seq. permits smoking in retail food and marketing stores
with less than 4000 square feet of floor space.
· Private schools. NJSA 26:3D-17a permits smoking in
private schools except in classrooms, lecture halls, and auditoriums.
· Child care centers. NJSA 30:5B-9(h) permits smoking
when children are not present, permits smoking in child care
centers when children are present if the smoking area is separately
ventilated to the outside; permits smoking on the grounds.
(In contrast, New Jersey state law prohibits smoking on all
public school property and grounds.)
· Doctor's offices. NJSA 26:3D-11b permits smoking
in all rooms of a doctor's office (patient consultation, examination
rooms, employee areas, etc.), except the waiting room. Offices
of psychotherapists, dentists, and chiropractors are excluded
from the law and may have smoking everywhere in their offices.
· Healthcare facilities. NJSA 26:3D-8 through 9a permits
smoking in healthcare facilities ("health care facilities"
are defined in NJSA 26:2H-2(a) as rehabilitation centers,
extended care facilities, skilled nursing homes, and other
facilities) in (1) private rooms or rooms where all patients
consent upon admission to permit smoking; (2) one waiting
room, if there are multiple waiting rooms; (3) a portion of
a waiting room, if there is only one waiting room, provided
an adequate nonsmoking section is part of the room; (4) cafeterias
seating 50 or more, provided there is an adequate nonsmoking
section; and (5) totally enclosed offices used only by employees.
· Residential healthcare facilities. NJAC 8:43-6.1(a)6(i)
through (iv) permits smoking areas in residential healthcare
facilities.
· Casinos, sports facilities, bowling alleys, dance
halls, roller rinks, etc. NJSA 26:3D-38 et.seq. permits smoking
in casinos, race track facilities, football, baseball, and
other sporting event facilities, facilities for boxing and
wrestling exhibitions and performances, bowling alleys, dance
halls, ice and roller skating rinks, and other establishments
providing ambulatory recreation. (Children or senior citizens
congregate and teens work in many of these places.)
· Taxis, limos, charter buses. NJSA 2C:33-13a through
c permits smoking on group charter buses; smoking-permitted
cars on trains; and limousines, livery service vehicles, and
taxis occupied only by the driver. (A taxi or limo driver
can smoke in the vehicle up to the moment they pick up a passenger.)
Whereas the majority of New Jerseyans and other Americans
do not smoke;
Delnevo, C.D., Hrywna, M., Lewis, M.J., Osinubi, O.Y.O.,
Ritch, W.A., Abatemarco, D.J., Kaufman, I., and Malka, E.S.,
"Independent Evaluation of the New Jersey Comprehensive
Tobacco Control Program: Annual Update for the New Jersey
Department of Health and Senior Services", New Brunswick,
New Jersey: University of Medicine & Dentistry of New
Jersey-School of Public Health, p. 10, (May 2003). Retrieved
April 30, 2004 from http://www.state.nj.us/health/as/ctcp/annualreport03.pdf.
Centers for Disease Control, "Targeting Tobacco Use:
The Nation's Leading Cause of Death 2004", Office on
Smoking and Health Summary 2004. Retrieved April 30, 2004
from http://www.cdc.gov/tobacco/overview/oshsummary2004.htm.
Centers for Disease Control, "State-Specific Prevalence
of Current Cigarette Smoking Among Adults ---United States,
2002", Morbidity and Mortality Weekly Report, (January
9, 2004)
Centers for Disease Control, "New Jersey Highlights"
in "Tobacco Control State Highlights", Tobacco Information
and Prevention Source, pp. 88-89. Retrieved April 28, 2004
from http://www.cdc.gov/tobacco/statehi/pdf_2002/NewJersey.pdf.
Whereas the majority of New Jerseyans and other Americans
support smokefree air in workplaces and public places and
local authority to protect public health;
Carlson, Regina L., Smokefree Air Everywhere, New Jersey
GASP, pp. 42-45 (1997).
Centers for Disease Control, "State-Specific Prevalence
of Current Cigarette Smoking Among Adults, and Policies and
Attitudes About Secondhand Smoke - United States, 2000,"
Morbidity and Mortality Weekly Report, U.S. Dept. of Health
& Human Services, (December 14, 2001).
McMillen, Robert C., Ph, D, Winickoff, Jonathan P., M.D.,
M.P.H., Klein, Jonathan D., M.D., M.P.H., and Weitzman, Michael,
M.D., "U.S. Adult Attitudes and Practices Regarding Smoking
Restrictions and Child Exposure to Environmental Tobacco Smoke:
Changes in the Social Climate from 200-2001", Pediatrics,
pp. e55-e60. (July 2003). Retrieved April 30, 2004 from http://pediatrics.aappublications.org/cgi/content/abstract/112/1/e55.
New Jersey GASP, "Polls show New Jerseyans want smokefree
workplaces, restaurants.
April 2000", Retrieved April 30, 2004 from http://www.njgasp.org/f1_poll.htm.
Opinion Research Corporation, "Caravan smoking laws:
prepared for Americans for Nonsmokers' Rights," (February
29, 1996). [The poll, conducted in 1996, found 81% opposed
preemption.]
Whereas 1,700 local governments throughout the United
States have passed legislation that restricts smoking, and
the majority of states do not preempt local smokefree air
legislation;
Americans for Non-Smokers Rights, "Smokefree Ordinance
Lists". Retrieved May 4, 2004 from http://www.no-smoke.org/lists.html.
Whereas New Jersey has a strong home rule tradition, and
its Constitution and legislation authorize local governments
to enact legislation to protect public health, safety, and
welfare;
New Jersey Constitution, Article IV, Section 7, paragraph
11; NJSA 40:42-3, 40:42-4, 40:48-1 and 40:48-2.
Whereas local authority to protect public health is threatened
by a powerful, nationwide campaign which seeks legislation
to preempt (eliminate) local authority to control tobacco,
and which uses lawsuits to challenge local authority to control
tobacco use;
U.S. Department of Health and Human Services, Office on Smoking
and Health, "Reducing Tobacco Use: A Report of the Surgeon
General - Executive Summary", (2000) ["The most
important force for smoking is the totality of industry activity,
including advertising, promotion, organizational activity,
support for ancillary issues, and political action [emphasis
added, New Jersey GASP], which maintains marketability and
profitability of the product. Efforts to reduce tobacco use
face a more than $5 billion annual budget that the tobacco
industry dedicates to advertising and promotion aimed at sustaining
or increasing tobacco use." (from the Foreword, pages
i and ii) The "pervasive, countervailing influence of
tobacco promotion by the tobacco industry [is] a promotion
that takes place despite overwhelming evidence of adverse
health effects from tobacco use." (Major Conclusions,
p. 1)]
Americans for NonSmokers' Rights, "The Tobacco Industry
on Why It Needs Preemption", (Dec. 15, 2002). Retrieved
May 4, 2004 from http://www.protectlocalcontrol.org//files/TiPremptQuote.pdf.
Whereas in June 2000 the Princeton Regional Health Commission
enacted a smokefree air ordinance, was sued by the National
Smokers Alliance along with two restaurants, and, in August
2000, the Mercer County Superior Court ruled that New Jersey
law preempted the ordinance;
LDM, Inc. v Princeton Regional Health Comm'n, 764 A.2d 507
(N.J. Super. 2000)
Whereas, in spite of that August 2000 Mercer County court
decision, New Jersey local governments have, since September
2000, enacted more than 70 ordinances controlling smoking
outdoors, and 15 ordinances controlling smoking indoors, yet
other New Jersey local governments report they do not enact
legislation for fear of lawsuit;
New Jersey GASP, "Local Laws Advanced Search",
[As of May 7, 2004, 109 ordinances were passed in 94 municipalities.
To see a current list of New Jersey ordinances, use the date
range search option to find ordinances passed since September
2000]. Retrieved May 7, 2004 from http://www.njgasp.org/d_search2.asp.
Personal communication from local governments representatives
and colleagues.
Now, therefore, be it resolved that [government unit, organization,
or other entity] supports New Jersey statewide smokefree air
legislation for all workplaces and public places, provided
such state legislation preserves local authority to enact
stronger local smokefree air legislation.
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