Changes to Clean Indoor Air Act?
Three months following the effective date of Pennsylvania’s Clean Indoor Air Act banning smoking in most public places, the author of the law, State Senator Stewart J. Greenleaf (R-Montgomery / Bucks) announced that he is introducing legislation in the new session which begins in January that would expand the state’s smoking ban.
Greenleaf, who first introduced smokefree legislation in 1993, said, “We have fought long and hard, and have won a major victory for the health of Pennsylvanians. The current Clean Indoor Air Act removes secondhand smoke from about 95% of workplaces and public areas in this Commonwealth. The adoption of these new amendments will provide Pennsylvania with a more comprehensive smoking ban.”
Greenleaf’s Clean Indoor Air Act of 2008 arrives two years after the U.S. Environmental Protection Agency (EPA) declared cigarette smoke a class ‘A’ carcinogen, the agency’s rating for the most lethal of cancer causing substances.
According to the EPA, there is no safe level of secondhand smoke. It is estimated that over 53,000 non-smokers die each year due to exposure.
Pennsylvania’s smoking ban covers most public places and workplaces with exceptions including drinking establishments with less than 20% food sales, portions of casinos, and private clubs.
“I believe that these exceptions can create confusion and make it harder to implement the law,” said Greenleaf. “Furthermore, they provide for an unlevel playing field when some establishments must comply while others do not.”
Under Greenleaf’s new legislation, the following exceptions would be removed from the Clean Indoor Air Act (CIAA):
ü Drinking establishments where food sales amount to 20% or less of total sales
ü Gaming floors
ü Private clubs
ü Residential care facilities
ü Fundraisers
ü Tobacco promotion events
ü Full Service Truck Stops
The bill would as well prohibit smoking on an outdoor deck, patio, or similar outdoor service area of a food or drinking establishment.
Greenleaf’s legislation would also allow local governments at the city, county, and township level to enact smokefree ordinances that are stricter than the state law. Only Philadelphia is currently permitted to enforce its own ordinance. According to the American Nonsmokers’ Rights Foundation, 35 states allow local governments to adopt more stringent smokefree rules than state law. Pennsylvania’s six neighboring states: New York, New Jersey, Delaware, Maryland, West Virginia, and Ohio do not preempt local smokefree ordinances.
The state of Oregon enacted a smokefree law that goes into effect January 1, 2009 prohibiting smoking in all bars, gaming venues, truck stops, and assisted living facilities. In February, 2008, Maryland’s smokefree law was extended to include all bars and private social clubs. Smoking continues to be banned in all Maryland casinos, healthcare-related facilities, and truck stops. Municipalities are not preempted. Also, Utah and Montana enacted 100% smokefree bar laws which are scheduled to take effect on January 1, 2009 and October 1, 2009, respectively.
Greenleaf’s legislation is supported by the American Lung Association, the American Heart Association, the American Cancer Society, the Campaign for Tobacco Free Kids, and Smokefree Pennsylvania.
Greenleaf, who first introduced smokefree legislation in 1993, said, “We have fought long and hard, and have won a major victory for the health of Pennsylvanians. The current Clean Indoor Air Act removes secondhand smoke from about 95% of workplaces and public areas in this Commonwealth. The adoption of these new amendments will provide Pennsylvania with a more comprehensive smoking ban.”
Greenleaf’s Clean Indoor Air Act of 2008 arrives two years after the U.S. Environmental Protection Agency (EPA) declared cigarette smoke a class ‘A’ carcinogen, the agency’s rating for the most lethal of cancer causing substances.
According to the EPA, there is no safe level of secondhand smoke. It is estimated that over 53,000 non-smokers die each year due to exposure.
Pennsylvania’s smoking ban covers most public places and workplaces with exceptions including drinking establishments with less than 20% food sales, portions of casinos, and private clubs.
“I believe that these exceptions can create confusion and make it harder to implement the law,” said Greenleaf. “Furthermore, they provide for an unlevel playing field when some establishments must comply while others do not.”
Under Greenleaf’s new legislation, the following exceptions would be removed from the Clean Indoor Air Act (CIAA):
ü Drinking establishments where food sales amount to 20% or less of total sales
ü Gaming floors
ü Private clubs
ü Residential care facilities
ü Fundraisers
ü Tobacco promotion events
ü Full Service Truck Stops
The bill would as well prohibit smoking on an outdoor deck, patio, or similar outdoor service area of a food or drinking establishment.
Greenleaf’s legislation would also allow local governments at the city, county, and township level to enact smokefree ordinances that are stricter than the state law. Only Philadelphia is currently permitted to enforce its own ordinance. According to the American Nonsmokers’ Rights Foundation, 35 states allow local governments to adopt more stringent smokefree rules than state law. Pennsylvania’s six neighboring states: New York, New Jersey, Delaware, Maryland, West Virginia, and Ohio do not preempt local smokefree ordinances.
The state of Oregon enacted a smokefree law that goes into effect January 1, 2009 prohibiting smoking in all bars, gaming venues, truck stops, and assisted living facilities. In February, 2008, Maryland’s smokefree law was extended to include all bars and private social clubs. Smoking continues to be banned in all Maryland casinos, healthcare-related facilities, and truck stops. Municipalities are not preempted. Also, Utah and Montana enacted 100% smokefree bar laws which are scheduled to take effect on January 1, 2009 and October 1, 2009, respectively.
Greenleaf’s legislation is supported by the American Lung Association, the American Heart Association, the American Cancer Society, the Campaign for Tobacco Free Kids, and Smokefree Pennsylvania.
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