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MMWR
Preemptive State Tobacco Control Laws
MMWR Highlights
January 08, 1999 / Vol. 47 / No. 51
- Preemptive legislation is defined as legislation that prevents any
local jurisdiction from enacting restrictions that are more stringent
than the state law or restrictions that may vary from the state law.
According to internal industry documents, the enactment of state
preemptive tobacco control laws has been a priority of the tobacco
industry. You can view the tobacco industry document: ID number
TIMN0018602/8614 at
http://www.tobaccoinstitute.com/
- In 1982, the first preemptive tobacco control law went into effect
in New Jersey and did not allow variance from the state law for
smoking restrictions in health-care facilities and offices of persons
performing the healing arts.
- From 1982 to 1996, more than half of the states (31) enacted
preemptive tobacco control laws in three primary tobacco control
areas: smokefree indoor air, minors' access, and marketing. Maine
repealed its preemptive law, effective June 1997.
- Eighteen states have adopted at least one preemptive law that
prevents local governments (e.g., cities and counties) from passing
laws regulating secondhand smoke in government worksites, private
worksites, or restaurants. Currently, 13 states preempt local
smokefree indoor air laws in all three venues. The Healthy People
2000 objective is to reduce to zero the number of preemptive
smokefree indoor air laws.
- Twenty-one states preempt local laws on at least one minors' access
provision (sales to youth, vending machines, or distribution); ten
states preempt local laws on all three provisions. Seventy-six percent
of the state laws preempting minors' access became effective between
July 1993 and July 1996.
- Seventeen states preempt localities from passing laws restricting
the marketing of tobacco products (sampling, display, promotion, or
labeling). Fourteen states preempt laws on tobacco display, promotion,
or sampling; all but one of these preemptive laws became effective
between July 1993 and July 1996.
- Three states (Illinois, Michigan, and West Virginia) have preemptive
restrictions on smokeless tobacco warning labels; all of these laws
became effective between 1987 and 1988.
Preemptive State Tobacco Control LawsUnited
States, 1982-1998
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