Transcript Document

Moving Towards a Tobacco-Free
North Carolina
Health and Wellness Trust Fund Annual Meeting
Protecting North Carolina from Secondhand
Smoke: House Bill 2 and Beyond
Sally Herndon Malek
Jim D. Martin
Layton Long
October 22, 2009
Tobacco Prevention and
Control Branch
Celebrating Success in
North Carolina!!
Winston-Salem Journal
By James Romoser and John Hinton
May 14, 2009
RALEIGH -- Smoking will be outlawed in every
restaurant and bar in North Carolina starting
early next year.
After months of vigorous debate, the N.C. General
Assembly gave final approval yesterday to a bill that
marks a historic break with the state's long and
lucrative tobacco legacy. It makes North Carolina
the first major tobacco-producing state to pass
such a restrictive ban on smoking.
History and Appreciations
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Leadership
Right People
Right Time
Grassroots
Media
Sound science
Strong Organizational Partnerships
Support from the business community
House Bill #2: 2009
Representative Holliman Makes A
Statement as Session opens.
Three Sides of Influence
Advocacy
Government
Community
Community
NC Business interests: Level Playing Field
creates a win-win situation!
Minor’s Provision is bad for business and bad
for public and worker health
Restaurants will now fight smoking ban
April 2, 2009
News and Observer: Under the Dome
"It's pretty clear. We now strongly oppose the bill," said Paul Stone,
president and CEO of the North Carolina Restaurant and Lodging
Association. "It creates a significant amount of unfairness. There are
plenty of family friendly places that also have active bars later at night.”
Stone said that the state has 16,000 restaurants and 8,000 of them
serve alcohol.
Scientists, Local Leaders, TRU Teens, Business interests, Clergy
…all
of you had a hand in this success!!
Give yourselves a hand!!
Governor Perdue signs H2 in a
public ceremony
May 19, 2009
Photo Credit:
Ted Richardson
News and Observer
House Bill 2:
Signing Was A Celebration!
Photo Credit: Ted Richardson
News and Observer
Our moment in history!
North Carolina’s New Smokefree Restaurants and Bars
Law
NC Division of Public Health
Tobacco Prevention and Control
Branch
Tobacco Prevention and
Control Branch
NEW NC Smoke-free Law
Timeline:
HB 2 passed by the NCGA on May 14, 2009
HB 2 signed by Gov. Perdue on May 19, 2009
New law becomes effective January 2, 2010
NEW NC Smoke-free Law
What the new NC law covers:
• Smoke-free restaurants and bars (enclosed areas)
• Smoke-free lodging facilities that serve food and drink—
(up to 20% of guest rooms may allow smoking)
• Very limited exemptions
– Cigar bars that meet requirements
– Private clubs—country clubs or membership clubs
with selected membership, non-profit status and
restricted food and lodging services
• Allows local government authority to pass some further
restrictions for all government grounds and other public
places
Restaurant owners, managers, and staff are responsible for
compliance
The vast majority of restaurants and bars will comply
Tobacco Prevention and Control Branch
How will NC public health and
NC businesses implement the
new law?
EDUCATION IS KEY
to successful implementation!
Business Education
Website
www.smokefree.nc.gov
Business Guides
Two Mailings
Webinar in December
Collaborations with NC
Restaurant and Lodging
Association
Public Education
Website
Earned media
Paid media
Community events
Coasters
How will we know the new law
is working?
1. Compliance data
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Local health departments
2. Exposure data – pre and post
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Air quality monitoring
3. Health outcomes data
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Hospitalizations from acute myocardial
infarction
Asthma related ER visits
Lets Celebrate! January 2, 2010
Join IN!!
Pick a restaurant
Go out to eat! All across NC!
Thank the owner, manager and staff for the
smokefree environment!
Look for more information to come!
North Carolina’s New Smokefree Restaurants and Bars
Law
Jim D. Martin, MS
NC Division of Public Health
Tobacco Prevention and Control Branch
Tobacco Prevention and
Control Branch
New Statewide Prohibitions
• Restaurants
(State Public Health Food Sanitation Permit)
• Bars
(State ABC Commission Permit)
• Some lodging establishments
(State Permit to serve food or drink)
What is an enclosed area?
An area is considered to be enclosed if
it has:
(A) a roof or other overhead covering
and
(B) walls or side coverings on all
sides or on all sides but one.
Exceptions to
Statewide Prohibitions
Cigar bars, if:
• ≥ 60% revenue from sale of
alcoholic beverages
• ≥ 25% revenue from sale of
cigars
• entry restricted to 21 & above
• humidor on premises
• smoke does not migrate
into areas where smoking
is prohibited under state law
Exceptions to
Statewide Prohibitions
Private club is a country club or
organization that:
• maintains selective members
• is operated by the membership
• provides food or lodging for pay
only to members or member’s guests
• is a nonprofit corporation
Is hookah smoking allowed?
Smoking hookah is only allowed if:
the hookah establishment is not a
restaurant, bar or lodging
establishment as defined by the law.
Will convenience stores, bowling
alleys and other places that sell
food also be smoke-free?
• It depends.
If the business is required to comply with
the state’s public health laws governing
sanitation in food establishments, it must
comply with the new smoke-free law.
Expanded Local Authority
2 new types:
local government grounds
• all unenclosed areas owned, leased, or
occupied by a local government
public places
• enclosed areas to which the public
is invited or permitted
• subject to many exceptions
Layton Long
Davidson County Health Director
Chair, Ad Hoc Committee on Implementation of House Bill 2
HOW WILL LHDS MONITOR
AND ENFORCE COMPLIANCE?
With education and public support,
the vast majority of restaurants and bars will comply
What constitutes compliance?
A person in charge of a restaurant, bar,
or lodging establishment that is subject to
the new law must:
• Post the required no-smoking signs in
conspicuous locations.
• Remove indoor ashtrays and other smoking
receptacles.
• Direct any person who is smoking to extinguish
the cigarette, cigar, or other item.
NO
SMOKING
-IndoorsG.S. 130A-497
1-800-662-7030 www.smokefree.nc.gov
A Complaint-driven System
of Enforcement
If a manager does not take action,
complaints can be registered by:
•Calling CARE-LINE: 1-800-662-7030
•Visiting www.smokefree.nc.gov
•Contacting the local health department
Local Health Department’s
Roles & Actions
Local health department may act to ensure
compliance through:
•Educating
– public
– business
First and foremost!
•Promoting the benefits of the new law
•Providing technical assistance to businesses
•Verifying complaints
•Documenting violations
•Imposing administrative penalties
Questions?
For more information,
See the School of Government publications
and Webinar series at:
http://www.sog.unc.edu/programs/ncphl/Sm
okingRegulation/index.htm
Go to: www.smokefree.nc.gov
In late October 2009