* Smoking is prohibited in stores that sell fireworks and in
fireworks factories. ILL. REV. STAT. Ch. 127-1/2, Para-
graphs 109 & 113 (1983).

Indiana

Limitations on Smoking In Publie Places

¢ Indiana's Clean Indoor Air Act prohibits smoking in public
places or at public meetings, except in designated smok-
ing areas. Violation is a Class C infraction. Reference
Date 1987. IND. CODE ANN. Sections 13-1-13-1 to
13-1-13-9 (1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

* The sale of tobacco to one under 16 years of age is
prohibited. Knowledge of the violation is a Class C infrac-
tion, and it is no defense that the minor did not smoke the
tobacco. Reference Date 1980. IND. CODE ANN. Sec-
tion 35-46-1-10 (West Supp. 1985-1986).

* Persons in control of vending machines are required to
post signs stating that those under 16 years of age are
forbidden to buy cigarettes. Failure to post notice is a
Class C infraction. Reference Date 1983. IND. CODE
ANN. Section 35-46-1-11 (West Supp. 1985-1986).

* The sale and delivery of tobacco to persons under 18
years of age is prohibited. Violation is a Class C infraction.
Tobacco vending machines must post notice of the
prohibition. Reference Date 1987. IND. CODE ANN. Sec-
tions 34-4-38-1 to 34-4-38-3 (West Supp. 1987).

Schools and School Health Education

* Governing bodies and county superintendents shall in-
clude instruction in the nature and effects of tobacco to
students in grades four to eight. The State Board of
Education must include a separate course on the effects
of enumerated drugs, including tobacco, for high school
students. Willful refusal to provide the instruction is
grounds for dismissal. Reference Date 1975. IND. CODE
ANN. Section 20-10.1-4-9 (West 1984).

Commerce

* Employment of one under 17 years of age to manufacture
or pack tobacco is prohibited unless an exemption is
granted. In an action for damages for personal injuries by
one under 17 years of age based on his or her tobacco
related employment, strict liability is applicable. Reckless
violation is a Class C misdemeanor. Reference Date
1973. IND. CODE ANN. Sections 20-8.1-4-24, 20-8.1-4-
28 & 20-8.1-4-31 (West 1984).

Cigarette distributors must obtain registration certificates -
from the Department of State Revenue. Reference Date
1947. IND. CODE ANN. Section 6-7-1-16 (1984).

Taxation

* The tax rate per pack is 15.5¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

« A tax is imposed on the distribution of tobacco products
other than cigarettes at the rate of 25 percent of the -
wholesale price. Reference Date 1987. IND. CODE ANN.
Sections 6-7-2-2 to 6-7-2-4 (West Supp. 1987).

Health and Safety Regulations
* Tobacco use is prohibited where food is processed or

stored. Reference Date 1949. IND. CODE ANN. Section
16-1-22-21 (West 1984}.

Smoking is prohibited in or near a vehicle carrying ex-
plosives and in explosives plants except in designated -
areas. Violation is a Class C misdemeanor unless the
state fire marshal has demanded compliance in writing;
violation is then a Class A misdemeanor. Reference Date
1969. IND. CODE ANN. Sections 22-11-13-16, 22-11-13-
20, & 22-11-13-28 (West 1981).

lowa

Limitations on Smoking in Public Places

* Smoking is prohibited in indoor theaters, libraries, art
museums, concert halls, auditoriums, or similar facilities
that are open to the public (except in designated smoking

areas and food consumption areas), elevators, nonsmok-
ing areas of public transportation, health care facilities
and patient rooms (except in designated smoking sec-
tions), and in nonsmoking areas of public buildings. Signs
must be posted designating nonsmoking areas. A violator
of this Act must pay a civil fine of $50 for each violation.
Reference Date 1939. IOWA CODE ANN. Sections 98.1
to 98A.6 & 805.8 (West Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

« Furnishing cigarettes or cigarette papers or tobacco in
any form, including the sale or gift of smokeless tobacco,
to a person under 18 years of age is prohibited, unless
there is a written authorization from the minor's parent or
guardian. A first violation is a “simple“ misdemeanor and
subsequent violation is a “serious” misdemeanor. Refer-
ence Date 1939. IOWA CODE ANN. Sections 98.2, 98.4
& 98.5 (West Supp. 1988).

Minors under 18 years of age possessing cigarettes or
cigarette papers anywhere except at home are required
to tell where the cigarettes were obtained. Refusal to
comply is a misdemeanor. Reference Date 1909. IOWA
CODE ANN. Sections 98.4 and 98.5 (West 1984).

Schools and School Health Education

* In order for a district to be on an approved list, the effects
of tobacco must be taught in both the elementary and
secondary schools. The State Board of Public Instruction
is responsible for enforcement. Reference Date 1975.
IOWA CODE ANN. Section 257.25 (West Supp. 1985).

* Astudent may be suspended or expelled for tobacco use
at school. Reference Date 1965. IOWA CODE ANN,
Section 279.9 (West Supp. 1985).

* Area vocational schools and community colleges are not
required to prohibit tobacco use. Reference Date 1965.
IOWA CODE ANN. Section 280A.23(3) (West Supp.
1985).

Taxation

* The tax rate per pack is 26¢ and was last changed in
1985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* Tobacco tax assessment periods, penalties and appeal
periods, and filing of sales and services tax refund claims
are defined. Reference Date 1967. IOWA CODE ANN.
Section 98.45 (West Supp. 1988).

¢ The rate of the cigarette and little cigar and tobacco
products taxes are specified. Reference Date 1971.
JOWA CODE ANN. Section 135C.23 (West Supp. 1987).

Health and Safety Regulations
* The authority to prevent, abate, and contro! air pollution

is delegated. Reference Date 1972. Section 455.B145
(West Supp. 1987).

Kansas

Limitations on Smoking In Public Places

* Smoking is prohibited where no-smoking signs are
posted in public meeting rooms, elevators, indoor
theaters, libraries, art museums, concert halls, health
care facility waiting rooms, and public buses. Violation is
punishable by a fine up to $25. Reference Date 1975.
KAN. STAT. ANN. Section 21-4008 (1981).

Smoking is prohibited in public places including, but not
limited to, restaurants, retail stores, educational facilities,
courtrooms, and state, county, or municipal buildings.
The use of tobacco products in health care institutions or
any place where health care services are provided to the
public is also prohibited. Repeals 21-4008. Reference
Date 1987. KAN. STAT. ANN. Sections 21-4009 to 21-
4014 (Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

* This taxation act provides that selling cigarettes to a
person under 18 years of age is prohibited. It is also a

89

violation for one under 18 years of age to buy cigarettes.
Maximum penalty for a violation is a fine up to $1,000 or
up to one year imprisonment or both. Distribution of
sample cigarettes to minors under 18 years of age is
punishable by a fine of $500 to $2,500 or up to one year
in prison or both. Reference Date 1933. KAN. STAT.
ANN. Sections 79-3321 and 79-3322 (1984).

Commerce

* Each person engaged in the business of selling cigarettes
in the State of Kansas must secure a license from the
division of taxation. Reference Date 1933. KAN. STAT.
ANN. Section 79-3304 to 79-3306 (Supp. 1987).

Taxation

* The tax rate per pack is 24¢ and was last changed in
1985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.
Kentucky

Limitations on Smoking In Public Places

¢ Smoking is prohibited on school grounds, except by adult
employees in designated smoking rooms. This exception,
however, applies only to counties in which there is a first
or second class city or urban county government. Viola-
tion is punishable by a fine between $1 and $5. Reference
Date 1972. KY. REV. STAT. Section 438.050 (1985).

Regulation of Sale to and Use of Tobacco Products by
Minors

* The law prohibiting cigarette smoking by minors under 18
years of age was repealed effective January 1, 1975.
Reference Date 1974. KY. REV. STAT. Sections 438.020
to 438.040 (1985).

Commerce

* No person other than a manufacturer shall acquire
cigarettes in Kentucky on which the state cigarette tax has
not been paid, nor act as a wholesaler, vending machine
operator, subjobber, transporter, or unclassified acquirer
of such cigarettes without first obtaining a license from
the Department of Revenue. Reference Date 1982. KY.
REV. STAT. Section 138.195 (1983).

* The Kentucky Tobacco Task Force has been
reauthorized to help resolve the problems facing the
tobacco program. Uncodified. House Res. 20 (1986).

Taxation

* The tax rate per pack is 3¢ and was last changed in 1970.
The Tobacco Institute, The Tax Burden on Tobacco:
Historical Compilation, 1986, vol. 21, p. 9.

* These provisions create a Tobacco Research Trust Fund.
Funding is provided by levying a tax on cigarettes, to be
combined with available Federal funding. Funds ap-
propriated for the Research Trust Fund go to the Univer-
sity of Kentucky Tobacco and Health Research Institute
and are to be applied exclusively to projects and
programs “directed toward improvements in the tobacco
industry, and more specifically toward proving or disprov-
ing questions of health hazards to tobacco users...”
Section 248.520(5). A Tobacco Research Board, com-
prised of 14 members, is to authorize and review the
research projects, and is to make yearly reports. Refer-
ence Date 1978. KY. REV. STAT. Sections 248.510 to
248.570 (Supp. 1984).

Health and Safety Regulations

* Disposing of lighted tobacco products is prohibited in or
near forests. Smoking in forests during an emergency
period of fire danger is prohibited. Reference Date 1964.
KY. REV. STAT. Section 149.370 (1980).

* Taking cigarettes into a mine is prohibited. The mine
operator is to make frequent searches to prevent carrying

__ in or using such articles as cigarettes. Reference Date
1952. KY. REV. STAT. Section 352.1 70(3) (1983).

Louisiana

Limitations on Smoking in Public Places

* Smoking is allowed in all areas of the Louisiana Super-
dome except in the arena. Violators shall be advised of
the prohibition by Superdome personnel. Reference Date
1987. LA. REV. STAT. ANN. Section 40:1299.131 (West
Supp. 1988).

Schools and School Health Education

* A student may be suspended for smoking on school
property or buses. Reference Date 1922. LA. REV. STAT.
ANN. Section 17:416(A)(1)(a)(vi) (West Supp. 1985).

Commerce

* Every person who sells at wholesale or by vending
machine, who is about to engage in the business of
receiving unstamped or non-tax paid cigarettes, cigars,
and smoking tobacco or who is engaged in the business
of receiving stamped cigarettes at wholesale must obtain

90

a permit from the collector of revenue. Reference Date
1974. LA. REV. STAT. ANN. Section 47:844 & 47:846
(West Supp. 1988).

* Wholesale dealers may present manufacturer's affidavits
on returned damaged merchandise at the time of pur-
chase of tobacco stamps as payment for the stamps.
Reference Date 1970. LA. REV. STAT. ANN. Section
47:843 (West Supp. 19988).

* Provisions regarding ownership of vehicles involved in
the transportation of tobacco products and the prescribed
taxation procedures are defined. Reference Date 1985.
LA. REV. STAT. ANN. Section 47:863 (West Supp.
1988).

« The minimum amount of bond that tobacco dealers are
required to furnish is increased from $1,000 to $10,000.
Reference Date 1974. LA. REV. STAT. ANN. Section
47:848 (West Supp. 1988).
Taxation

* The tax rate per pack is 16¢ and was last changed in
1984. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* One million dollars annually from the tax levied on cigaret-
tes goes to the Cancer and Lung Trust Fund. Reference
Date 1980. LA. REV. STAT. ANN. Section 47:869 (West
Supp. 1985).

Health and Safety Regulations

* Discarding a cigarette that causes a fire on another's land
constitutes criminal negligence, Penalty for violation is a

fine up to $300 or imprisonment for up to 30 days or both.
Reference Date 1944, LA. REV. STAT. ANN. Section
14:204(3) (West 1974).

This section establishes the Cancer and Lung Trust Fund,
which is funded by the $1,000,000 in revenue derived
from the cigarette tax. The monies in the fund are used
solely for-“cancer research and research on cardio-pul-
monary disease and clinical investigation and training in
the field of cancer and cardio-pulmonary diseases.” The
fund is administered by the Department of Health and
Human Resources. Reference Date 1980. LA. REV.
STAT. ANN. Section 40:1299.88 (West Supp. 1985).

Maine

Limitations on Smoking in Public Places

* Smoking is prohibited in any public area of any publicly
owned building and at indoor public meetings where
no-smoking signs are posted, except where all members
present consent. No penalty is provided. Reference Date
1981. ME. REV. STAT. ANN. Title 22, Section 1578-A
(West Supp. 1987).

* Smoking is prohibited in nursing homes, except in desig-
nated smoking areas. Reference Date 1983. ME. REV.
STAT. ANN. Title 22, Section 1825 (Supp. 1984).

* Smoking is prohibited in jury rooms, unless all members
consent. No penalty is provided. Reference Date 1983.
ME. REV. STAT. ANN. Title 22, Section 1580 (Supp.
1984),

* Smoking is prohibited in all sections of retail stores whose
total area open to the public exceeds 4,000 square feet.
No-smoking signs are required to be posted. Violation is
punishable by a fine of not more than $50. ME. REV.
STAT. ANN. Title 22, Sections 269-A & 1681 to 1684
(1987).

+ Every employer must establish, or may negotiate through
the collective bargaining process, a written policy con-
cerning smoking and nonsmoking by employees. In order
to protect the employer and employees from the
detrimental effects of smoking by others, the policy shall
prohibit smoking except in designated areas. Failure to
establish, post or supervise the implementation of a policy
is a civil violation punishable by a fine of not more than
$100. ME. REV. STAT. ANN. Title 22, Section 580-A
(1985).

* As a fire prevention measure, smoking is prohibited in
mills, public buses, factories, machine shops, shipyards,

91

covered bridges, stables "or other buildings” where a
no-smoking sign is posted. One who smokes in a
prohibited area is fined $5, and one who destroys a
no-smoking sign is fined $10. Reference Date 1954. ME.
REV. STAT. ANN. Title 25, Section 2433 (1974).

Restaurants are required to establish no-smoking areas
and to post a sign indicating the smoking policy. ME. REV.
STAT. ANN. Title 22, Section 1579-A (West Supp. 1987).

The “Workplace Smoking Act of 1985” requires
employers to establish, post, and enforce a written policy
concerning smoking and nonsmoking by employees in
that portion of the facility for which they are responsible.
ME. REV. STAT. ANN. Title 22, Section 1580-A (West
Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

« Furnishing cigarettes or tobacco to one under 18 years of
age is prohibited. A violator of this section is fined be-
tween $20 and $50 for each violation. Reference Date
1983. ME. REV. STAT. ANN. Title 22, Section 1579
(Supp. 1984).

* The sale of cigarettes in vanding machines not super-
vised by an adult is prohibited, except when located in
areas where minors are not allowed by law. ME. REV.

STAT. ANN. Title 22, Section 1628 (West Supp. 1987).

Commerce

* Each person engaging in the business of selling cigaret-
tes in Maine must secure a license from the Tax Asses-
sor. Reference Date 1954. ME. REV. STAT. ANN. Title
36, Section 4362 (1978).
Taxation

The tax rate per pack is 28¢ and was last changed in
1985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

Certain changes have been made in the Maine tax law.
All cigarettes sold are subject to a scheduled increase.
Reference Date 1975. ME. REV. STAT. ANN. Title 36,
Sections 111 to 5255-B (West Supp. 1987).

This law relates to the taxation of tobacco products.
Reference Date 1969. ME. REV. STAT. ANN. Title 36,
Section 5224-A (West Supp. 1987).

Health and Safety Regulations

* Discarding a lighted cigarette from a moving vehicle oron
forest, brush, grass or other lands is prohibited. Violations
are punishable by a fine from $10 to $50. Reference Date
1979. ME. REV. STAT. ANN. Title 12, Sections 9324(3)
and 9701 (1981).

* Discarding burning cigarettes and cigars from railroad
equipment is prohibited. No penalty is provided. Refer-
ence Date 1954. ME. REV. STAT. ANN. Title 12, Section
9406 (1981).

Maryland

Limitations on Smoking In Public Places

Directors of hospitals, nursing homes, health clinics, and
physicians’ offices are required to establish and imple-
ment a plan to protect the health of nonsmoking patients
by regulating smoking on the premises. No penalty is
provided. Reference Date 1957. MD. HEALTH ANDENV.
CODE ANN. Section 11-205 (1982).

Smoking or carrying lighted tobacco products is
prohibited in a public mass transit bus, railcar, or transit
station. Maximum penalty is $250 for each offense. Ref-
erence Date 1957. MD. TRANSP. CODE ANN. Section
7-705 (Supp. 1984).

Smoking is prohibited in any intrastate motor bus carrier.
Maximum fine is $25. Reference Date 1975. MD. ANN.
CODE Article 78, Section 35A (1980).

Smoking is prohibited on public elevators. No-smoking
signs must be posted. Maximum fine is $25. Reference
Date 1975. MD. ANN. CODE Article 89, Section 64
(1979).

The Washington County Commissioners are authorized
to enact ordinances regulating smoking in county offices
and county office buildings. Reference Date 1987. MD.
ANN. CODE Article 25, Section 236B (Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

One who is in the business of manufacturing or selling
cigars, cigarettes, smoking or smokeless tobacco
products is prohibited from selling cigarettes to one under
16 years of age, unless the individual is an agent of his
employer or has prior written consent of his parents. It is
also unlawful for any person who is not a dealer to
purchase cigars, cigarettes, smoking or smokeless
tobacco for an individual. A violator of this section is fined
between $10 and $100 for each offense, or imprisoned

92

between five and 30 days if the fine is not paid. Reference
Date 1888. MD. ANN. CODE Article 27, Sections 404 &
405 (1985).

» Adealer, vendor, or other person may not sell, barter, or
give any smokeless tobacco products to an individual
under 16 years of age; subject to penalties. Reference
Date 1951. MD. ANN. CODE Article 27, Sections 404 &
405 (1988).

Commerce

.» A license is required to manufacture cigars or cigarettes.

A residence may not be used to manufacture cigarettes
or cigars except by the immediate family members. Viola-
tion of these provisions brings a fine between $5 and
$100, or imprisonment between 10 days and one year or

both. Reference Dates 1884 and 1904. MD. ANN. CODE _

Article 27, Sections 327, 330 & 333 (1982).

The position of Inspector of Tobacco has been repealed
from the Maryland Department of Agriculture and certain
provisions for the State Tobacco Warehouse. Reference
Date 1957. MD. ANN. CODE AGRIC. Article Sections
7-101, 7-301, 7-326R, 7-402, 7-404 & 7-413R (Supp.
1987).

Daily reports from leaf tobacco sellers are required after
each sales day during the auction season. Reference
Date 1957. MD. ANN. CODE AGRIC. Article Sections
7-403 & 7-411 (Supp. 1987).

The bond requirement for persons who weigh leaf tobac-
co for a commission selling agency has been repealed.
Reference Date 1957. MD. ANN. CODE AGRIC. Article
Section 7-209 (Supp. 1987).

The sale or offer for sale of clove cigarettes in the state
is prohibited. Violation is a misdemeanor subject to a
$500 fine. Reference Date 1986, MD. ANN. CODE Article -
27, Section 40A (1988).
* The State Tobacco Authority is authorized to impose a
penalty on an auction warehouse that oversells its daily
quota. Reference Date 1957. MD. ANN. CODE AGRIC.
Article Section 7-207 (Supp. 1987).

Taxation

* The tax rate per pack is 13¢ and was last changed in
1980. The Tobacco Institute, The Tax Burden on Tobac-
co. Historical Compilation, 1986, vol. 21, p. 9.

* The most recent population figures are required to be
used in the computation of tobacco tax revenue distribu-
tion. Reference Date 1958. MD. ANN. CODE Article 81,
Section 460 (Supp. 1987).

* The Maryland Acquired immune Deficiency Syndrome
(AIDS) Research and Information Fund supported with,

in addition, the taxes on cigarettes to conduct or finance
research has been repealed. MD. ANN. CODE Health-
General Section 18-333 (1987).

¢ This law imposes a specified tax of 6 1/2 mills per
cigarette on sample cigarette packages and alters, after
modification in the Federal tax, the applicablity of the
supplemental state tax on cigarettes. Reference Date
1958. MD. ANN. CODE Article 81, Section 432, 433 &
460 (Supp. 1987).

Health and Safety Regulations

* Smoking is prohibited in mines. Reference Date 1957,
MD. NAT. RES. CODE ANN. Section 7-404(e) (1983).

* Smoking is prohibited in fireworks plants, unless in a
designated smoking area. Reference Date 1955. MD.
ANN. CODE Article 38A, Section 23 (1982).

Massachusetts

Limitations on Smoking in Public Places

* Smoking is prohibited in public elevators, supermarkets,
and Massachusetts Bay Transportation Authority mass
transit vehicles. Smoking is restricted to designated areas
in museums, libraries, health care facilities, and mass
transit conveyances. The person in control of these
facilities must post no-smoking notices. Reference Date
1947. MASS. GEN. LAWS ANN. Chapter 272, Section
43A (West Supp. 1985).

A separate provision prohibiting smoking in public con-
veyances and transportation facilities provides for a fine
up to $50 or up to 10 days in jail, or both for violation.
Reference Date 1947. MASS. GEN. LAWS ANN. Chapter
272, Section 43 (West 1970).

The fine for violation of smoking in public conveyances is
increased from $50 to $100. Reference Date 1947.
MASS. GEN. LAWS ANN. Chapter 272, Section 43A
(West Supp. 1987).

Smoking is prohibited in buildings used for stabling hor-
ses. Maximum penalty is a $200 fine, one month im-
prisonment, or both. After an order of compliance is
issued, noncompliance is punished by a fine of up to $10
per day. Reference Date 1924, MASS. GEN. LAWS ANN.
Chapter 272, Sections 86C, 86E, & 86F (West 1970).

This law protects the public health by prohibiting smoking
in jury rooms. Reference Date 1986. MASS. GEN. LAWS
ANN. Chapter 234, Section 34C (West Supp. 1987).

93

Regulation of Sale to and Use of Tobacco Products by
Minors

* Furnishing cigarettes, chewing tobacco, snuff, or tobacco
in any of its forms to one under 18 years of age is
prohibited, unless by a parent or guardian. This is punish-
able by a fine of not less than $100 for the first offense,
not less than $200 for second offense, and not less than
$300 for third or subsequent offense. Vending machines
must have a notice posted prohibiting minors’ use. One
who violates this section is punishable by a fine up to $50.
Reference Date 1985. MASS. GEN. LAWS ANN. Chapter
270, Section 6 (West Supp. 1987).

Schools and School Health Education

* Schools are required to provide education about the
effects of tobacco. Reference Date 1974. MASS. GEN.
LAWS ANN. Chapter 71, Section 1 (West 1982).

* The use of tobacco in public schools during normal school
hours is prohibited. Reference Date 1987. MASS GEN.
LAWS ANN. Chapter 71, Section 2A (West Supp. 1988).

Commerce

* It is unlawtul to employ one under 16 years of age to
manufacture or pack tobacco. Reference Date 1887.

MASS. GEN. LAWS ANN. Chapter 149, Section 61(21)
(West 1982).

* Manufacturing tobacco in one’s home constitutes unlaw-
ful industrial homework. Reference Date 1937. MASS.
GEN. LAWS ANN. Chapter 149, Section 144 (West
1982). imprisonment up to 30 days. Reference Date 1930.
MASS. GEN. LAWS ANN. Chapter 148, Section 54 (West
* No parson shall sell cigarettes or act as a manufacturer, 1985).
wholesaler, vending machine operator, unclassified ac-
quirer, transporter, or retailer of cigarettes in Mas-
sachusetts unless licensed to do so. Reference Date
1945, MASS. GEN. LAWS ANN. Chapter 64C, Section 2

(1978).

« Whoever sells exploding cigars or cigarettes is subject to
a fine up to $100. Reference Date 1967. MASS. GEN.
LAWS ANN. Chapter 148, Section 52A (West Supp.
1985).

Taxation « One who sells adulturated smoking products is subject to
a fine between $200 and $500, or imprisonment up to six
months. Reference Date 1958. MASS. GEN. LAWS ANN.
Chapter 94, Section 307 (West 1984).

* The tax rate per pack is 26¢ and was last changed in
1983. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* The membership of the Special Commission to inves-
tigate, study, and report on the health effects of indoor air
pollution has been increased. MASS. Resolve of 1987.
Ch. 2 (1987).

Health and Safety Regulations

° Discarding lighted cigarettes and cigars from vehicles on

aroad near forest lands or open fields, or upon forest land

Michigan

Regulation of Sale to and Use of Tobacco Products by
Minors

Limitations on Smoking In Public Places

* Smoking on a school bus within one hour of pupils’ use

is prohibited. Maximum penalty is a fine up to $100, or -

of the bus is prohibited. Reference Date 1981. MICH.
COMP. LAWS ANN. Section 257.316a (Supp. 1985).

Smoking is prohibited in retail food establishments, ex-
cept in designated areas. No-smoking signs must be
posted at entrances. Maximum penalty is a $100 fine.
Reference Date 1968. MICH. COMP. LAWS ANN. Sec-
tion 289.707a (1984).

Food service establishments with a seating capacity of
50 or more people are required to post notices and
designate areas for nonsmokers. The area is not to
exceed 50 percent of the establishment. Reference Date
1978. MICH. COMP. LAWS ANN. Section 333.12905
(West Supp. 1987).

Nursing homes must adopt a policy regulating smoking
to provide patients with no-smoking rooms, designated
smoking areas, and prohibit tobacco sales except as
provided for by owners. Notices must be posted for
smoking and nonsmoking areas. Reference Date 1978.

MICH. COMP. LAWS ANN. Sections 333.21333 and
333.21733 (1980).

Smoking is prohibited in all passenger elevators and
violation is punishable by a fine of $50 or 90 days im-
prisonment. Signs must be posted in elevators containing
the prohibition and penalty. Reference Date 1967. MICH.
COMP. LAWS ANN. Section 408.820 (1985).

Smoking is prohibited in public places and at meetings of
public bodies, except in designated smoking areas. Ref-
erence Date 1978. MICH. COMP. LAWS. ANN. Sections
333.12601 to 333.12617 (West Supp. 1987).

* Furnishing cigarettes to one under 18 years of age is
punishable by a fine up to $50 or up to 30 days imprison-
ment for each offense. A person under 18 years of age
who smokes cigarettes in public is subject to a fine up to
$10 or imprisonment up to five days. One who allows a
person under 18 years of age to enter upon his land to
smoke cigarettes is subject to a fine up to $50 or imprison-
ment up to 30 days. However, a parent or guardian is not
in violation of this section if the smoking is done on the
parent's property. Reference Date 1972. MICH. COMP.
LAWS ANN. Section 722.643 to 722.651 (Supp. 1985).

Furnishing any form of tobacco to one under 17 years,
unless upon parent's or guardian’s written order, is
punishable by a fine of from $5 to $50 or by imprisonment
of from 10 to 30 days or both. Reference Date 1889.
MICH. COMP. LAWS ANN. Sections 722.651 and
722.652 (1968).

Schools and School Health Education

* School instruction about the effects of tobacco is re-
quired. Reference Date 1976. MICH. COMP. LAWS
ANN. Section 380.1170 (Supp. 1985).

¢ The Critical Health Problems Education Act requires an
educational program that includes the topic of tobacco.
Reference Date 1948. MICH. COMP. LAWS ANN. Sec-
tion 388.382(a) (1976).

Commerce

¢ No person shail sell, purchase, possess, or acquire
cigarettes, or act as a manufacturer, wholesaler, vending
machine operator, unclassified acquirer, or transporter of
cigarettes in Michigan unless licensed to do so by the
revenue division of the Department of the Treasury. Ref-
erence Date 1949. MICH. COMP. LAWS ANN. Section
7.411(3) (1984).

Taxation

* The tax rate per pack is 21¢ and was last changed in

1982. The Tobacco Institute, Tax Burden on Tobacco:

Historical Compilation, 1986 vol. 21, p. 9.

* The tax imposed for each cigarette sold in the state is
increased from 10.5 to 12.5 mills. Reference Date 1979.
MICH. COMP. LAWS ANN. Section 205.507, 205.507(a),
and 205.520 (West Supp. 1988).

Health and Safety Regulations

* Selling adulterated cigarettes constitutes a mis-
demeanor. Reference Date 1931. MICH. COMP. LAWS
ANN. Section 750.27 (1968).

Minnesota

Limitations on Smoking In Public Places

* The Minnesota Clean Indoor Air Act (enacted “to protect
the public health, comfort and environment...” ) prohibits
smoking in public places and meetings, except in desig-
nated smoking areas.

Public place means any enclosed indoor area used by
the general public or serving as a place of work, including,
but not limited to, restaurants, retail stores, offices and
other commercial establishments, public conveyances,
educational facilities, hospitals, health care facilities, day
care centers, nursing homes, auditoriums, arenas, and
meeting rooms, but excluding private, enclosed offices
occupied exclusively by smokers even though such office
may be visited by nonsmokers.

Proprietors of public places are responsible for posting
appropriate signs and for arranging nonsmoking seating
areas. Factories, warehouses, and similar places of work
not usually frequented by the general public are not
included except where the public health commissioner
determines that smoke pollution exists that is detrimental
to nonsmoking employees. No public place other than a
bar may be designated as a smoking area in its entirety.
tf abar is designated as a smoking area in its entirety, this
designation must be posted conspicuously on all entran-
ces normally used by the public. Violation constitutes a
petty misdemeanor. Affected individuals and state offi-
cials may institute injunction actions against repeated
violators. Reference Date 1975. MINN. STAT. ANN. Sec-
tions 144.411 to 144.417 (West Supp. 1988).

It is a trespass, punishable as a misdemeanor, to inten-
tionally smoke where no-smoking signs are posted or
when the operator of a common carrier requests no
smoking. Reference Date 1971. MINN. STAT. ANN. Sec-
tion 609.605(1) (West Supp. 1985).

Regulation of Sale to and Use of Tobacco Products by

Minors

* One having control of a cigarette vending machine is
required to post a sign which states that persons under
18 years of age are forbidden to buy cigarettes. Violation

95

constitutes a misdemeanor. Reference Date 1961. MINN.
STAT. ANN. Section 325E.07 (West 1981).

* Furnishing tobacco, cigarette papers, or pipes for smok-
ing to one under 18 years of age constitutes a mis-
demeanor. Using tobacco, cigarette papers, or pipes for
smoking by one under 18 years of age constitutes a petty
misdemeanor. Local ordinances may provide more strin-
gent regulation. Reference Date 1981. MINN. STAT.
ANN. Section 609.685 (West Supp. 1985).

Schools and School Health Education

* Teacher education institutions must provide, and each
prospective teacher must satisfactorily complete,
courses in the misuse of and dependency upon tobacco.
Reference Date 1959. MINN. STAT. ANN. Section
126.05 (West 1979).

Commerce

« No person shall engage in the business of selling,
manufacturing, or transporting cigarettes in the State of
Minnesota without first having received a license from the
State Commissioner of Taxation. Reference Date 1947.
MINN. STAT. ANN. Sections 297.01 & 297.04 (West
1972).

¢ The distribution of tobacco product samples is prohibited
except in tobacco stores. Reference Date 1975. MINN.
STAT. ANN. Sections 144.412 & 144.414 (West Supp.
1988).

* No person shall distribute smokeless tobacco products,
including snuff and chewing tobacco, except in tobacco
stores. Reference Date 1986. MINN. STAT. ANN. Sec-
tion 325F.76 to 325F.78 (West Supp. 1988).

Taxation

* The tax rate per pack is 38¢ and was last changed in
1987. The Tobacco institute, “Cigarette Tax Data,” 1987.
* The Omnibus Tax Law increases the cigarette and liquor
taxes. Reference Date 1987. Minnesota Tax & Spending
Law Ch. 268 (1987).

Health and Safety Regulations

* State fire officials may post no-smoking signs in areas
“wherever they deem public safety requires.” No penalty
is provided for violation. Reference Date 1965. MINN.
STAT. ANN. Section 299F.38 (West 1972).

* Discarding a lighted cigarette or cigar on forest land and
failing to extinguish it immediately constitutes a mis-
demeanor punishable by a fine of between $25 and $100,
or by imprisonment of between 10 and 90 days. Refer-
ence Date 1929. MINN. STAT. ANN. Section 88.19 (West
1977).

* When it is determined that a forest fire hazard exists, the
commissioner may prohibit smoking by written order,
except in homes and enclosed vehicles. Rewards of up

to $25 may be given for information leading to conviction
of violation. Reference Date 1978. MINN. STAT. ANN.
Sections 88.22 & 88.76 (West Supp. 1985).

One who negligently sets fire to a hotel or its furnishings
by smoking is guilty of a misdemeanor. Notices must be
posted in every sleeping room to advise occupants of this
provision. Reference Date 1982. MINN. STAT. ANN.
Section 327.74 (West Supp. 1985).

Intentionally smoking near explosives or inflammable
materials constitutes a misdemeanor. If a risk of death or
serious bodily hatm is knowingly created, the penalty may
be a fine up to $10,000 or up to five years imprisonment,
or both. Reference Date 1971. MINN. STAT. ANN. Sec-
tion 609.60(1) (West Supp. 1985).

Mississipp.

Limitations on Smoking In Public Places

° Once a bus driver requests a passenger to stop smoking
a cigar or pipe on a public bus, and the passenger
continues to smoke, he may be ejected from the bus. The
violator is also guilty of a misdemeanor. Reference Date
1942. MISS. CODE ANN. Section 97-35-1 (1973).

Regulation of Sale to and Use of Tobacco Products by
Minors

¢ Furnishing cigars, cigarettes, smoking tobacco, or snuff
to one under 18 years of age without prior written consent
of the minor’s parent or guardian is prohibited. Violation
is punishable by a fine between $20 and $100, imprison-
ment for from one week to three months, or both. Refer-
ence Date 1892. MISS. CODE ANN. Section 97-5-25
(1973).

The judge shall charge the grand jury concerning enfor-
cement of the statute relating to furnishing tobacco to
minors. Reference Date 1978. MISS. CODE ANN. Sec-
tion 13-5-47(2) (Supp. 1984).

Commerce

+ Every distributor, wholesaler, retailer, distributing agent,
vendor, and every other person engaged in the sale or

96

use of tobacco upon which a tax is required to be paid,
must receive a permit from the State Tax Commission
allowing him to engage in such business. Reference Date
1942. MISS. CODE ANN. Section 27-69-5 (1972).

~ Nonresident tobacco dealers must be licensed to ship
tobacco products into Mississippi. Reference Date 1942.
MISS, CODE ANN. Section 27-69-7 (Supp. 1987).

« This law reduces or eliminates the credit allowed to
dealers for affixing tobacco stamps. MISS. CODE ANN.
Chapter 500.

Taxation

* The tax rate per pack is 18¢ and was last changed in
4985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

Health and Safety Regulations

* Discarding cigarettes or cigars on a public road or on
another's private property constitutes a misdemeanor in
addition to civil liability for damages. Violators may be
ordered to pick up litter along the roadways or punished
by a fine up to $500 or both. Reference Date 1973. MISS.
CODE ANN. Section 97-15-29 (Supp. 1984).
Missouri

Regulation of Sale to and Use of Tobacco Products by Commerce
Minors
* Every cigarette wholesaler must obtain a license from the
* Any municipality may prohibit furnishing cigarettes or director of the Missouri Department of Revenue. MO.
cigarette wrappers to minors within its corporate limits, ANN. STAT. Section 149.035 (Vernon 1976).
and may provide punishment or fines. Reference Date
1895. MO. ANN. STAT. Section 71.740 (Vernon 1952). Taxation
. ina i : * The tax rate per pack is 13¢ and was last changed in
Nncoee ofthe a pede taaboale ith Dapardent hase 1982. The Tobacco Institute, The Tax Burden on Tobac-
. ee : co: Historical Compilation, 1986, vol. 21, p. 9.
provisions. (No general definition of minor was located).
Reference Date 1982. MO. ANN. STAT. Section 208.040 * A tax is imposed on the sale of cigarettes equal to a
(Vernon Supp. 1985). portion of the federal excise tax. Reference Date 1985.
MO. ANN. STAT. Section 149.082 (Vernon’s Supp.
1988).
Montana
Limitations on Smoking in Public Places Commerce
* The Montana Clean Indoor Air Act of 1979 restricts smok- * Every wholesaler, subjobber, retailer, or cigarette vendor
ing to designated areas of any enclosed public area or shall obtain a license from the Montana Department of
vehicle. Enclosed work places for more than one Soon te leniiseen 1969. MONT. CODE ANN.
employee are also included. The Act’s purpose is to ection 16-11-120 ( ).
en norsmokers, nearn ang reserve areas for * A7-day credit limit is set on sales or delivery of cigarettes
Smokers. Areas Inciuded are elevators, restaurants, or other tobacco products from a wholesaler to a retailer.
stores, offices, trains, buses, educational or health Reference Date 1937. MONT. CODE ANN. Section 53-
facilities, indoor recreational facilities, museums, gal- 3-204 (1985). Repealed in 1985. Section 28, Ch. 670 in
leries, libraries, and public meeting rooms. Restrooms, 1985.

taverns and bars that do not serve meals, and rooms or

vehicles with a capacity of six or less are exempted from Taxation
the Act. A person required to designate smoking or non- . .
: . : The cigarette excise tax is increased to 24¢ per package. The
amexing 5 Da : who falls oes Coe tne “s to $25. tax on cigarettes sold in packages of more than 20 cigarettes
eference Date 1979. ' . Sections is based on a per cigarette basis. Reference Date 1947.
50-40-101 to 50-40-109 (1983). MONT. CODE ANN. Sections 16-11-111, 16-11-119 & 17-5-
408 (1985).

Health and Safety Regulations

A designated nonsmoking area is required in each

enclosed public place. Violation is punishable by a fine of + Discarding lighted cigarettes or cigars near a forest is
not more than $1 00. Reference Date 1985. MONT. prohibited. Violation is a misdemeanor. Reference Date
CODE ANN. Sections 50-40-104 & 50-40-2014 (1985). 1939. MONT. CODE ANN. Section 76-13-124 (1983).

97
Nebraska

Limitations on Smoking In Public Places

+ The Nebraska Clean Indoor Air Act was enacted for the
purpose of protecting “public health, comfort, and en-
vironment by prohibiting smoking in public places and at
public meetings, except in designated smoking areas.”
Coverage includes any enclosed indoor area used by the
public or that serves as a workplace including, but not
limited to, restaurants, retail stores, offices and other
commercial establishments, public conveyances, educa-
tional facilities, hospitals, nursing homes, auditoriums,
arenas, and meeting rooms. Private offices used only by
employees who smoke, an entire room or hall used fora
private function and controlled by the function's sponsor
and bars or restaurants with serving areas of less than
1,200 square feet, however, are exempted. With respect
to factories, warehouses, and similar places of work not
usually frequented by the general public, the Department
of Healthis required to establish rules to restrict or prohibit
smoking in those places of work when the close proximity
of workers or the inadequacy of ventilation causes smoke
pollution detrimental to the health and comfort of non-
smoking employees.

Notices must be posted designating smoking and non-
smoking areas. The health department has rulemaking
power to implement the Act and may waive these
provisions upon request. Violation of the Act is penalized
as a class V misdemeanor or by injunction. Reference
Date 1979. NEB. REV. STAT. Sections 71-5701 to 71-
5713 (1981).

Regulation of Sale to and Use of Tobacco Products by
Minors

* Smoking cigars, cigarettes, or use of other tobacco in any
form by one under 18 years of age constitutes a class V
misdemeanor. However, ff the minor discloses who fur-
nished the tobacco, the minor may avoid prosecution.
Reference Date 1911. NEB. REV. STAT. Section 28-
1418 (1981).

One who furnishes cigarettes, cigarette papers, or tobac-
co in any form, to one under 18 years of age is guilty of a
class IIl misdemeanor for each offense. Reference Date
1885. NEB. REV. STAT. Section 28-1419 (1981).

A licensee who furnishes cigars, tobacco, cigarettes, or
cigarette material to a minor is guilty of a class III mis-
demeanor. An additional penalty can be revocation of
licanse. Corporation officers, directors, or managers are
subject to this section's penalty. Reference Date 1919.
NEB. REV. STAT. Section 28-1425 (1981).

98

* A minor who misrepresents his age to buy tobacco
products is guilty of a class V misdemeanor. Reference
Date 1919. NEB. REV. STAT. Section 28-1427 (1981).

Schools and School Health Education

* Public schools are required to provide instruction in
tobacco abuse as part of a drug abuse education pro-
gram. Reference Date 1885. NEB. REV. STAT. Section.
79-1270 (Supp. 1984).

Commerce

* It is unlawful for any person, partnership, or corporation
to sell, keep for sale, or give away in the course of trade,
any cigars, tobacco, cigarettes, or cigarette materials
without first obtaining a license. Reference Date 1919-
NEB. REV. STAT. Section 28-1420 (1979).

Taxation

* The tax rate per pack is 27¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

* One cent of the cigarette tax is placed in the Nebraska
Cancer Research Fund. Reference Date 1981. NEB.
REV. STAT. Section 77-2602 (Supp. 1984).

* The Tobacco Products Tax Act establishes that each first
owner of tobacco products to be sold in the state be
licensed. The cigarette tax is increased to 27¢ per pack-
age of 20 cigarettes. Reference Date 1947. NEB. REV.
STAT. Sections 59-1502, 77-2602, 77-2602.03, 77-2609,
77-2713.2, 77-4001 to 77-4025 (Supp. 1988).

Health and Safety Regulations

* The Game and Parks Commission may regulate smoking
in state parks and recreation grounds. Violation con-
stitutes a class V misdemeanor. Reference Date 1929
NEB. REV. STAT. Sections 81-805(2) and (9) (1981).

Legislative appropriations to the Department of Health
are to be distributed to Nebraska’s medical colleges anc
post secondary educational institutions for cancer anc
smoking disease research. The Department of Health
shall establish program criteria, application procedures
and other similar administrative procedures. Reference
Date 1981. NEB. REV. STAT. Sections 81-637 to 81-64C
(Supp. 1984).
Nevada

Limitations on Smoking In Public Places

* To protect human health and safety, smoking is
prohibited except in designated smoking areas in public
elevators, libraries, museums, public buses, public meet-
ings held in rooms located in public buildings including
university lecture and concert halls, hallways, waiting
rooms and cafeterias open to the public in state buildings,
in public waiting rooms, lobbies and hallways of health
care facilities and offices of health care professionals.
Additionally, smoking is prohibited in buildings owned or
operated by a public governmental agency and in hotels,
motels or restaurants when designated by the owner.
One who violates this section is subject to a fine between
$10 and $100. Reference Date 1975. NEV. REV. STAT.
Section 202.2491 (1988).

« Smoking in a mill or other building where notices prohibit-
ing smoking are posted constitutes a misdemeanor. Ref-
erence Date 1911. NEV. REV. STAT. Section 475.050
(1979).

Regulation of Sale to and Use of Tobacco Products by
Minors

° Furnishing cigarettes, cigarette papers, or tobacco of any
description to one under 18 years of age is prohibited
without the written consent of the minor's parent or guar-
dian. Superintendents of juvenile facilities may supply
tobacco to minors 16 years or older who are confined to
institutions, with parental permission. A violator of this
section is subject to a fine up to $500. Subsequent
violations by tobacco dealers can result in license forfei-
ture. Reference Date 1911. NEV. REV. STAT. Section
202.010 (1979).

Commerce

* itis unlawful to employ one under 16 years of age to work
in a tobacco warehouse or tobacco manufacturing plant.
Reference Date 1919. NEV. REV. STAT. Section
609.190(1)(e) (1983).

* A person shall not engage in business as a dealer of
cigarettes in the State of Nevada unless he or she first
secures a wholesaler’s or retailer's license from the state.
Reference Date 1947. NEV. REV. STAT. Section
370.080 (1983).

* itis a misdemeanor to sell or offer for sale a cigarette that
contains cloves to the extent of 20 percent or more by
weight. Reference Date 1985. NEV. REV. STAT. Section
202.2495 (1988).

Taxation

° The tax rate per pack is 20¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

* The distribution of the proceeds from the cigarette tax are
reallocated. Reference Date 1983. NEV. REV. STAT.
Section 370.500 (1988).

* The rate of tax on cigarettes is increased contingent upon
the expiration of part of the federal tax. Reference Date
1977. NEV. REV. STAT. Sections 370.165 & 370.350
(1988).

Health and Safety Regulations

* The state forester firewarden may prohibit or restrict
smoking in any place other than a vehicle or cleared land
when there is a fire safety risk. Public announcements
and posted signs will be used to notify prohibition or
restrictions. Violation constitutes a misdemeanor. Refer-
ence Date 1953. NEV. REV. STAT. Section 473.065
(1983).

* Discarding lighted cigarettes or cigars from a moving
vehicle, or in a place where a fire may start is prohibited.
Violation is punishable as a misdemeanor. Reference
Date 1929. NEV. REV. STAT. Section 475.030 (1979).

New Hampshire

Limitations on Smoking in Public Places

* Smoking is restricted to designated smoking areas in
enclosed places that are publicly owned or supported by
tax revenues. Included are publicly owned, operated or
supported transportation, common carrier waiting rooms,
elevators, retail stores, entertainment facilities, educa-
tional facilities, government offices, polling places, health
care facilities, and public meetings. No-smoking signs are
to be posted and are not to be removed or defaced. Willful

refusal to obey restrictions is a violation and may be
enjoined. To enforce such a violation, the attorney
general may bring a civil action for appropriate relief.
Reference Date 1981. N.H. REV. STAT. ANN. Sections

155.45 to 155.49 (Supp. 1983).

* The Clean Indoor Air in Restaurants Act requires res-
taurants that seat 50 persons or more to designate non-
smoking areas. Reference Date 1987. N.H. REV. STAT.
ANN. Sections 155:57 to 155:63 (Supp. 1987).
» Smoking is prohibited in grocery food stores. The person
in charge of the store is responsible for posting signs and
enforcement. Reference Date 1986. N.H. REV. STAT.
ANN. Sections 155:54 to 155:56 (Supp. 1986).

+ Employers are required to establish and to adopt smoking
policies in the workplace. Reference Date 1986. N.H.
REV. STAT. ANN. Sections 155:50 to 155:53 (Supp.
1986).

Regulations of Sale to and Use of Tobacco Products by
Minors

+ The sale and distribution of tobacco products to persons
under 18 years of age is prohibited and punishable by a
fine of $25 for the first offense. This includes tobacco
products in vending machines. Reference Date 1939.
N.H. REV. STAT. ANN. Sections 78:12-b & 78:12-c
(Supp. 1986).

Commerce

* Each manufacturer, wholesaler, subjobber, vending
machine operator, and retailer of tobacco products must
secure a license from the tax commissioner. Reference
Date 1939. N.H. REV. STAT. ANN. Section 78:2 (1971).

* The commissioner shall refund the purchase price for
stamps destroyed after affixing to outdated, damaged, or
tobacco products that could not be sold. Reference Date
1939. N.H. REV. STAT. ANN. Section 78:10 (Supp.
1986).

Taxation

* The tax rate per pack is 17¢ and was last changed in
1983. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

» Hf the Federal excise tax on cigarettes is abolished, the
rate of the New Hampshire cigarette tax shall be 25¢.
Reference Date 1939. N.H. REV. STAT. ANN. Section
78:7 (Supp. 1986).

Health and Safety Regulations

« Discarding “flammable waste material” on, near, or ad-
jacent to roadways where fire might start in woodlands is
prohibited. When a fire hazard is proclaimed, smoking
may be prohibited in or near woodlands. Failure to comply
with these provisions constitutes a violation. Reference
Dates 1909, 1949, and 1951. N.H. REV. STAT. ANN.
SECTIONS 224.32 to 224.36 (Supp. 1983).

New Jersey

Limitations on Smoking in Public Places

* One who smokes or carries lighted tobacco on public
transportation or in a public place where municipal or-
dinance or the person in control of the place prohibits
smoking is guilty of a petty offense and is subject to a fine
up to $200. Reference Date 1978. N.J. STAT. ANN.
Section 2C:33-13 (Supp. 1987).

Legislative findings and declarations with respect to
smoking in public places recognize a conflict between
smokers’ and nonsmokers’ rights. Tobacco smoke is
stated to be, in addition to a health hazard to smokers, an
annoyance and nuisance to most nonsmokers, as well as
a substantial health hazard to some nonsmokers.

Smoking on passenger elevators, other than in a single
family dwelling, is prohibited, and signs must be posted
to that effect.

Smoking is also prohibited in health care facilities, except
in designated areas. Smoking is permitted in private
patient rooms or where all patients have consented, in
waiting rooms where nonsmoking areas can be provided,
in cafeterias seating 50 or more if an adequate nonsmok-
ing section can be provided, and enclosed employee
offices if permitted by the person in control of the facility.
The state, its agencies, or political subdivisions may
suggest guidelines for nonsmoking areas. Smoking and

100

no-smoking signs must be posted at entrances to health
care facilities and in health care providers’ waiting rooms.
Smoking is prohibited on school, college, university, and
professional training school premises, except in desig-
nated areas. Administrators of these institutions are to
make and enforce regulations to implement the prohibi-
tion. Designated smoking areas must be clearly marked
by posted signs at public entrances.

Nonsmoking areas must be established in indoor
theaters, libraries, museums, concert halls, auditoriums,
or other similar facilities, except sporting event facilities.

Employers must establish written rules to govern smoking
in the work place. The rules must contain a written policy.
and procedures to protect the health, welfare, and comfort
of employees from the detrimental effects of tobacco.
smoke, which shall include designated nonsmoking.

areas.

Smoking is prohibited in enclosed retail food and market-
ing stores. Violation of these restrictions on smoking
areas is punishable by a fine up to $100. Health depart-
ments are to notify the person in control of a building of
violations and order compliance. Failure to comply is
punishable by up to $25 for the first offense, up to $100
for the second offense, and up to $200 for each sub-
sequent offense. Courts may also order immediate com-
pliance. Court action is not available to an individual
complainant.
A joint committee composed of General Assembly com-
mittee members is to monitor and evaluate the effective-
ness of these provisions. The committee is also to receive
a report from the Commissioner of Health within two years
of the Act’s effective date to aid the committee in recom-
mending administrative or legislative changes. This Act’s
provision supersedes other laws, except where municipal
ordinance prohibits smoking or where fire safety laws are
in effect in areas where smoking is permitted under this
Act. N.J. STAT. ANN. Sections 26:3D-1 to 26:3D-22
(West Supp. 1985). N.J. STAT. ANN. Sections 26:3D-23
to 26:3D-45 (West N.J. Session Law Service, Chs. 184,
186, 318 (1955)).

The Port Authority may regulate smoking in air terminals,
moored floating craft, and marine terminals where ap-
propriate signs are posted. Viclation is punishable by a
fine up to $50 for the first offense or up to 30 days
imprisonment or both, by up to $100 or 60 days imprison-
ment for a second offense or both, and by $50 to $200 or
60 days imprisonment for subsequent offenses or both.
Reference Date 1953. N.J. STAT. ANN. Sections 32:1-
146.4 & 32:1-146.5 (West 1963).

Smoking is prohibited where appropriate signs are posted
in or near Hudson Tubes. Violations are punishable by a
fine up to $50 or Up to 30 days imprisonment or both.
Reference Date 1964. N.J. STAT. ANN. Sections 32:4-
146.8 & 32:1-146.9 (West Supp. 1985).

New Jersey encourages restaurants to establish non-
smoking areas. Every restaurant is required to post signs
at every public entrance indicating whether or not it main-
tains a nonsmoking section. N.J. STAT. ANN. Sections
26:3E7 to 26:3E13 (West N.J. Session Law Service, Ch.
185 (1985)).

Smoking in places of employment, in certain restaurants,
and in enclosed retail and food marketing stores is con-
trolled. Reference Date 1985. N.J. STAT. ANN. Sections
26:3D-23 to 26:3D-45 and 26:3E-7 to 26:3E-13 (1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

* One who furnishes cigarettes, cigarette papers, or tobac-
co in any form to a minor under 16 years of age is a
disorderly person, and violation is punishable by a fine up
to $100. Reference Date 1904. N.J. STAT. ANN. Section
2A:170-51 (West 1985).

Schools and School Health Education

* Violations by juveniles of the statute restricting smoking
in educational institutions are within the jursidiction of the
municipal court. Reference Date 1982. N.J. STAT. ANN.
Section 2A:4A-23 (1987).

Commerce
* Manufacturing tobacco in one’s home is prohibited. Ref-

erence Date 1941. N.J. STAT. ANN. Section 34:6-
136.3(4) (West 1965).

101

* Employing one under 18 years of age to prepare, sell, or
serve tobacco products is prohibited. Reference Date
1968. N.J. STAT. ANN. Section 34:2-21.17 (West Supp.
1985).

No person shall engage in or conduct the business of
manufacturing, purchasing, selling, consigning, or dis-
tributing cigarettes without having first obtained an ap-
propriate license. Reference Date 1948. N.J. STAT. ANN.
Section 54:40A-3 (West 1960).

The revenue stamp discount for distributors is increased
and the number of vending machines and premises al-
lowable are also increased. Certain licensing thresholds
and penalties under Unfair Cigarette Sales Tax Act of
1952 are defined. Reference Date 1948. NJ. STAT.
ANN. Sections 54:40A-4, 54:40A-11.1,56:7-20 & 56:7-33
(1987).

Taxation

* The tax rate per pack is 27¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

Atter 1983, $1,000,000 of the cigarette surtax will be
deposited annually in the Cancer Research Fund, to be
appropriated toward funding of the New Jersey State
Commission on Cancer Research. Reference Date 1982.
N.J. STAT. ANN. Section 54:40A-37.1 (West Supp.
1985).

¢ A seven-member tobacco industry advisory council is
established in the Cigarette Tax Bureau to report to the
governor, director, and supervisor of the Bureau and to
give advice and counsel the enforcement and administra-
tion of the Cigarette Tax Act. Reference Date 1968. N.J.
STAT. ANN. Section 54:40A-45 (West Supp. 1985).

Health and Safety Regulations

* Discarding lighted cigarettes or cigars in a forest is
prohibited. Reference Date 1981. N.J. STAT. ANN. Sec-
tion 13:9-44.7 (West Supp. 1985).

* One who negligently or knowingly starts a fire by discard-
ing a cigarette on forest land is liable for the costs incurred
in putting out the fire. Reference Date 1981. N.J. STAT.
ANN. Section 13:9-44.5 (West Supp. 1985).

Smoking is prohibited near explosives. Reference Date
1971.N.J. STAT. ANN. Section 21:1-132(D) (West Supp.
1985).

Violation of the no-smoking provision near explosives is
punishable by fines of $25 to $500 for a first offense, $150
to $500 for a second offense, and $250 to $1,000 for
subsequent offenses. Permits are also revocable for
cause. Reference Date 1960. N.J. STAT. ANN. Section
21:1A-140 (West 1969).

* Discarding an “object, article, or debris of any nature”
(deemed to include lighted cigarettes and cigars) from
vehicles is prohibited. Violation is punishable by a fine of
from $100 to $500. Registered owners or drivers are
presumed to be responsible for violations. Signs to this

effect are to be posted on highways. Reference Dates
1921 and 1975. N.J. STAT. ANN. Sections 39:4-64 &
39:4-64.1 (West Supp. 1985).

New Mexico

Limitations on Smoking In Public Places

* The New Mexico Clean Indoor Air Act makes it unlawful
for any person to smoke in a public place or at a public
meeting except in smoking- permitted areas. Public place
means any enclosed indoor area used by the public. For
places of employment, each employer shall adapt, imple-
ment, and maintain a written smoking policy that shall
prohibit, at a minimum, smoking in elevators and nurses
aide stations or similar facilities for treatment of
employees and shall provide for smoke-free work areas
to accommodate employees who request such areas.

Any person who commits an unlawful act under The
Clean Indoor Air Act shall be fined not less than $10 nor
more than $250 for each violation. Reference Date 1985.
NM. STAT. ANN. Sections 24-16-1 to 24-16-11 (1987).

Commerce

+ Each person engaged in the business of selling cigarettes
in New Mexico must register with the state. Reference
Date 1953. N.M. STAT. ANN. Section 7-12-9 (1983).

* No person shall sell clove cigarettes in New Mexico.
Violation is a petty misdemeanor. Reference Date 1985.
N.M. STAT. ANN. Sections 57-2-14 & 57-2-15 (1987).

Taxation

° The tax rate per pack is 15¢ and was last changed in
1986. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* A 25 percent tobacco products tax is imposed on all
tobacco products. Reference Date 1953. N.M. STAT.
ANN. Sections 7-12-1 to 7-12-10 (1987).

* The law provides for an increase in the cigarette tax and
imposes an inventory tax. Reference Date 1978. N.M.
STAT. ANN. Sections 7-1-6.11, 7-12-3, 7-12-3.1, 7-12-
3.2 & 24-20-1 (1987).

* The cigarette excise tax is increased to the rate of 1¢ for
each cigarette sold in the state. Reference Date 1953. -
N.M. STAT. ANN. Sections 7-1-6.11, 7-12-1 & 7-12-3
(1987).

Health and Safety Regulations

* Smoking or carrying smoking materials is prohibited in
mines or in or near magazines and violation constitutes
a misdemeanor. Mine operators are required to search
employees at least once a week for such articles. Refer-
ence Date 1933. N.M. STAT. ANN. Sections 69-13-2,
69-13-3, 69-19-5, 69-20-17 & 69-32-6 (Supp. 1983).

New York

Limitations on Smoking In Public Places

* Smoking is prohibited in churches and schools used as
voter registration places. Reference Date 1976. N.Y.
ELEC. LAW Section 5-204(7) (Consol. 1977).

Smoking is prohibited on public transportation vehicles,
or in any indoor facility open to the public as a library,
museum, or theatre, except by performers as part of the
theatrical production. Violation is punishable by a fine
between $10 and $100. Restrooms, separate lobbies,
and other designated smoking areas are exempted. Ref-
erence Date 1975. N.Y. PUB. HEALTH LAW Sections
1300-0 to 1399-q (Consol. Supp. 1984). (A complaint
form is provided following the text of Section 1399-0 that
may be filed against one who starts a fire in a building by
smoking.)

102

» Smoking or possessing lighted cigarettes and cigars in or
near New York Port Authority controlled air and marine
terminals where no-smoking signs are posted is
prohibited. Violation is punishable by a fine of up to $50
or up to 30 days imprisonment for a first offense or both, -
$25 to $50 or up to 60 days imprisonment or both for a
second offense, and $50 to $200 or 60 days imprison-
ment or both for subsequent offenses. Reference Date
1953, N.Y. UNCONSOL. LAWS Ch. 170, Sections 1 & 2
(Consol. 1984).

Smoking is restricted to designated areas in factories.
No-smoking notices must be posted as directed by the
tire commissioner. Reference Date 1921. N.Y. LAB. LAW
Section 283 (Consol. 1983).
Regulation of Sale to and Use of Tobacco Products by
Minors

* A person, business, or corporation in control of a place
that sells tobacco products is required to post a sign that
states that sale of cigars, cigarettes, chewing tobacco,
powdered tobacco, or other tobacco products to one
under 18 years of age is prohibited. A violation of this
section is punishable by a fine up to $100 for the first
offense and up to $250 for all subsequent violations.
Reference Date 1965. N.Y. GEN. BUS. LAW Section
399-e (Consol. Supp. 1984).

One who sells tobacco in any form to one under 18 years
of age is guilty of aclass B misdemeancr. ltis no defense
that a child was acting as an agent for another. Reference
Date 1965. N.Y. PENAL LAW Section 260.20(5) (Consol.
1984).

Commerce

* No person shall be a cigarette wholesale dealer unless
he has been granted and publicly displays in his place of
business a license from the Department of Taxation and
Finance. Reference Date 1939. N.Y. TAX LAW Section
480 (Consol. 1975).

* Cigarette marketing standards to regulate and control the
sale price of cigarettes within the state at wholesale and
retail levels have been established and are defined. Ref-
erence Date 1985. N.Y. TAX LAW Sections 483 to 487
(Consol. 1987),

Taxation

* The tax rate per pack is 21¢ and was last changed in
1983. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

Health and Safety Regulations

* Smoking is prohibited within 150 feet of ships, docks,
warehouses, piers, wharfs, and other places where
petroleum oil is stored or kept for export. Violation con-
Stitutes a misdemeanor. Reference Dates 1909 and
1965. N.Y. GEN. BUS. LAW Sections 306 & 306-a (Con-
sol. 1980).

Following New York’s Uniform Commercial Code Section
2-314 (which makes the seller of unmerchantable goods
civilly liable) a complaint form for the sale of adulterated
cigarettes (e.g. adead mouse in the tobacco) is provided.
N.Y. U.C.C. SECTION 2-314 (Consol. 1981) (Form
No. 5).

North Carolina

Regulations of Sale to and Use of Tobacco Products by
Minors

* Selling cigarettes or cut tobacco to one under 17 years of
age is prohibited and is punishable by a fine up to $500
and/or imprisonment for upto six months. Reference Date
1891. N.S. GEN. STAT. Section 14-313 (1981).

Regulation of Advertising Practices

* The promotion or sale and use of tobacco statutes is
amended and clarified in regards to flue-cured tobacco
farmers. Reference Date 1959. N.C. GEN. STAT. Sec-
tions 106-568.20 to 106-568.36 (Supp. 1987).

Commerce

« No person shall engage in the business of a distributor of
cigarettes without having obtained a license from the
Secretary of State. Reference Date 1969. N.C. GEN.
STAT. Section 105-113.11 (1979).

Taxation

* The tax rate per pack is 2¢ and was last changed in 1969.
The Tobacco Institute, The Tax Burden on Tobacco:
Historical Compilation, 1986, vol. 21, p. 9.

* Income tax deductions are provided for marketing as-
sessments on tobacco grown in North Carolina. Refer-
ence Date 1967. N.C. GEN. STAT. Sections 105-130.5
& 105-147 (Supp. 1987).

North Dakota

Limitations on Smoking in Publle Places

* Forthe purpose of separating smokers from nonsmokers,
nonsmoking areas must be provided in all places of public

assembly, and are to be designated by the person con-
trolling the place of public assembly. Smoking areas may
not exceed 50 percent of the total area. Places of public
assembly include enclosed theatres, elevators, health
care facilities, state owned buildings such as hospitals,
state institutions, office buildings, libraries, public educa-
tion buildings, and public transportation vehicles. Res-
taurants and other food service establishments with seat-
ing capacity for more than 50 people are also included.
Maximum penalty for violation is $100. Reference Date
1977. N.D. CENT. CODE Sections 23-12-09 to 23-12-11
(Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

+ Furnishing cigarettes, cigarette papers, cigars, snuff, or
tobacco in any other form to a minor, and smoking or use
by a minor of cigarettes, cigarette papers, cigars, snuff,
or tobacco in any other form constitute class B mis-
demeanors. Reference Date 1973. N.D. CENT. CODE
Section 12.1-31-03 (1976).

» A minor is defined as a person under 18 years of age.
Reference Date 1877. N.D. CENT CODE Section 14-10-
01 (1981).
Commerce

* Each person engaged in the business of selling cigaret-
tes, cigarette papers, snuff, cigars, or tobacco must

secure a license from the attorney general. Reference
Date 1941. N.D. CENT. CODE Section 57-36-02 (1983).

¢ The license fees for wholesalers and retailers of tobacco
products is revised. Reference Date 1965. N.D. CENT.
CODE Sections 43-31-14, 43-33-08, 43-33-11, 53-06. 1-
03, 57-36-02, 62.1-01-01 & 62.1-04-03 (Supp. 1987).

* Cigarette distributors and wholesalers may not sell un-
used stamps. The stamps may be returned for 95 percent -
of their face value. Reference Date 1941. N.D. CENT. -
CODE Sections 57-36-07, 57-36-12 & 57-36-25 (Supp.
1987). _

Taxation

* The tax rate per pack is 27¢ and was last changed in
1987. The Tobacco institute, “Cigarette Tax Data,” 1987.

* An additional tax of 6 1/2 mills on each cigarette is levied.
Reference Date 1965. N.D. CENT. CODE Section 57-36-
32 (Supp. 1987).

* The excise tax on cigars, snuff, and other tobacco-
products is increased from 11 to 25 percent of the
wholesale purchase price. Reference Date 1963. N.D.
CENT. CODE Sections 57-36-25 to 57-36-28 (Supp.
1987).

Ohio

Limitations on Smoking in Public Places

« Smoking is prohibited on public transportation vehicles
where no smoking areas are clearly posted. Violation
constitutes a minor misdemeanor. Reference Date 1984.
OHIO REV. CODE ANN. Sections 2917.41(2) & (3)(E)
(Page Supp. 1984).

* Nonsmoking areas must be designated by posted signs
in places of public assembly, including enclosed theatres,
indoor recreational facilities, classrooms, elevators,
rooms in health care facilities, state owned buildings
including office buildings, public transportation vehicles,
and other public places with a seating capacity of at least
50 people. Smoking is prohibited in designated nonsmok-
ing areas. Restaurants, bowling alleys, and taverns are
expressly excluded from coverage. Violation constitutes
aminor misdemeanor. Reference Date 1981. OHIO REV.
CODE ANN. Section 3791.031 (Page Supp. 1984).

Upon a street railway employee's request, one is required
to stop smoking in a passenger car. Maximum penalty is
$10. Reference Date 1953. OHIO REV. CODE ANN.
Sections 4951.57 & 4951.99(c) (Page 1977).

104

Regulation of Sale to and Use of Tobacco Products by
Minors

* Furnishing cigarettes or other tobacco products to one
under 18 years of age by manufacturers, producers,
distributors, wholesalers, or retailers is prohibited, and-
selling tobacco products is prohibited in a place without
a posted sign prohibiting furnishing of tobacco products-
to one under 18 years of age. A first violation constitutes.
a fourth degree misdemeanor and subsequent violations
constitute a third degree misdemeanor. Reference Date-
1984, OHIO REV. CODE ANN. Section 2927.02 (Page
Supp. 1984).

Schools and School Health Education

» Graded courses of study prescribed for schools include
health education with instruction in the use and effects of
cigarettes. Reference Date 1980. OHIO REV. CODE
ANN. Section 3313.60(E) (Page Supp. 1984).

Commerce

» No dwelling place may be used to manufacture tobacco
for sale, except by members of the family living there,
unless it complies with state requirements. Reference
Date 1953. OHIO REV. CODE ANN. Section 4107.15
(Page 1980).
* No person shall engage in the wholesale or retail busi-
ness of trafficking in cigarettes without a license. Refer-
ence Date 1959. OHIO REV. CODE ANN. Section
5743.15 (1980).

Taxation

* The tax rate per pack is 18¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

Health and Safety Regulations

¢« Smoking in a self-service gasoline filling station is
prohibited and a no-smoking sign must be posted on each
self-service pump island. Reference Date 1979. OHIO
REV. CODE ANN. SECTION 3741.14(B)(5)(b) (Page
1980).

* Smoking or carrying lighted smoking tobacco is
prohibited where fireworks are stored, and a no-smoking
sign must be displayed over the entrance to the storage
area. Violation is punishable by a fine of between $25 and
$500. Reference Date 1953. OHIO REV. CODE ANN.
Sections 3743.30 & 3743.99(A) (Page 1980).

* Smoking or carrying smoking materials is prohibited in
mines. Smoking in or about surface structures is
restricted to places where a fire or explosion cannot
occur. Reference Date 1984. OHIO REV. CODE ANN.
Section 4157.65 (Page Supp. 1984).

¢ Members of the Senate support and desire a tobacco-free
young Ohio by the year 2000. Uncodified. SR 154 of the
117th OHIO GENERAL ASSEMBLY (1987).

Oklahoma

Limitations on Smoking in Public Places Schools and School Health Education

* Possession of lighted tobacco is declared a nuisance and * Tobacco is expressly included as a drug in the Drug

a public health danger, and is prohibited in elevators,
indoor theatres, libraries, indoor exhibits, recreational

facilities, and buses, except where “Smoking Permitted”

signs are posted in areas separate from the main area. A
knowing violation is a misdemeanor punishable by a fine
of between $10 and $100. Reference Date 1975. OKLA.
STAT. ANN. Title 21, Section 1247 (West 1983).

* The "Smoking in Public Places Act” prohibits smoking in
a public place not designated as a smoking area. Refer-
ence Date 1987. OKLA. STAT. ANN. Title 63, Sections

Abuse Education Act of 1972, which requires that the
effects of drug use be taught. The purpose of the Act is
to ensure the development of a comprehensive drug
abuse education program for students in grades one
through twelve. Implementation includes inservice
teacher training. Reports are to be made to the legislature
each year by the State Department of Education regard-
ing the status of the program. Reference Date 1972.
OKLA. STAT. ANN. Title 70, Sections 1210.221 to
1210.228 (West 1972 & Supp. 1984-1985).

1-1521 to 1-1527 (West Supp. 1988).
Commerce
Regulation of Sale to and Use of Tobacco Products by

Minors * Each manufacturer, wholesaler, warehouseman, jobber,

* Furnishing cigarettes, cigarette papers, cigars, snuff,

chewing tobacco, and other tobacco products to a minor

is prohibited and punishable by a fine of between $25 and
$200 and imprisonment of between 10 and 90 days. Any
minor in possession of cigarettes or cigarette papers who
refuses to tell where and from whom he or she got the
cigarettes is guilty of a misdemeanor. If the minor is 16

years of age or older, he or she may be fined up to $5 or

be imprisoned for up to five days or both. Minors under
16 years of age are to be referred to juvenile court for
action that the court deems proper. One fourth of the
collected fines are paid to the complaining witness and
the remainder to county road funds. Reference Date
1915. OKLA. STAT. ANN. Title 21, Sections 1241 & 1242
(West Supp. 1988).

A minor is defined as a person under 18 years of age.
Reference Date 1972. OKLA. STAT. ANN. Title 15, Sec-
tion 13 (West 1983).

105

or distributor of cigarettes in Oklahoma must obtain a
license from the tax commission. Reference Date 1975.
OKLA. STAT. ANN. Title 68, Section 304 (1966).

Taxation

« The tax rate per pack is 23¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

Health and Safety Regulations

* Depositing litter, defined in part as “any flaming or glowing
substances..., [or] any substance which may cause a
fire,...,"0n roadways or other public property is prohibited
and is punishable by a fine of up to $100 or 30 days
imprisonment, or both. Courts may require violators to
pick up litter on a court directed schedule in lieu of
imprisonment. Reference Date 1957. OKLA. STAT. ANN.
Title 21, Section 1753.3 (West 1983).
* Tobacco use is prohibited in rooms where dairy products
are unpacked or exposed. Reference Date 1965. OKLA.
STAT. ANN. Title 2, Section 7-205 (West 1973).

* No-smoking signs must be posted where fireworks are
sold. Reference Date 1969. OKLA. STAT. ANN. Title 68,
Section 1623(a) (West Supp. 1984-1985).

* Similar provisions are provided for storage and use of
explosives for mining. Reference Date 1981. OKLA.
STAT. ANN. Title 45, Sections 911(A)(8) & (C)(5) (West
Supp. 1984-1985).

* Smoking is prohibited in mining areas where flammables
or explosives are stored, or in other areas where fire or -
explosion hazards exist. No-smoking signs must be -
posted. Reference Date 1978. OKLA. STAT. ANN. Title
45, Section 910(10})(B) (West 1979).

Oregon

Limitations on Smoking in Public Places

* Smoking is prohibited in public elevators and “No-Smok-
ing” signs must be posted. Violation of the smoking
prohibition is punishable by a $10 fine for each violation,
and violation of the sign posting requirement is punish-
able by a fine of $100. Reference Date 1975. OR. REV.
STAT. Section 479.015 (1983).

Smoking is prohibited in hospital rooms and other patient
care areas unless specifically designated otherwise. Ref-
erence Date 1977. OR. REV. STAT. Section 441.815
(1983).

Smoking in or carrying lighted smoking instruments into
public meetings is prohibited. Violation is punishable by
a $10 fine. Reference Date 1973. OR. REV. STAT. Sec-
tions 192.710 & 192.990 (1983).

Because smoking is found to be a health hazard, smoking
is restricted to designated smoking areas in state-
operated places of employment. The state’s personnel
division is required to adopt rules and standards to imple-
ment this provision. This section also requires state agen-
cies and departments providing employee lounges to
provide smoke-free lounge areas and to prohibit smoking
in nonsmoking areas. Offices occupied exclusively by
smokers are exempt. Reference Date 1977. OR. REV.
STAT. Sections 243.345 & 243.350 (1983).

The Oregon Indoor Clean Air Act’s stated policy is to
reduce the health hazard of tobacco smoke exposure in
confined places by requiring nonsmoking areas in public
places, including restaurants, indoor recreational
facilities, retail stores, banks, commercial businesses,
educational facilities, nursing homes, meeting rooms,
grocery stores, and rooms in which jury deliberation oc-
curs.

The person in charge of the public place is to designate
nonsmoking areas and to post appropriate signs. No
public place allows smoking in all areas except bars,
oftices occupied exclusively by smokers, private social

106

functions under the sponsor's control, retail tobacco busi-
nesses, and restaurants with 30 or fewer seats.

The Health Division is responsible for adopting rules
implementing and enforcing compliance by actions to
enjoin repeated violations. Violation of provisions relating -
to improper designation of smoking areas and sign post-
ing requirements are punishable by a fine totaling no -
more than $100 within a 30-day period. Reference Date
1981. OR. REV. STAT. Sections 433.835 to 433.990(5) -
(1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

« Endangering the welfare of a minor under 18 years of age -
includes furnishing tobacco and smoking paraphernalia
and constitutes a class A misdemeanor. Reference Date
1971. OR. REV. STAT. Section 163.575 (1983).

Schools and School Health Education

* As part of instruction in ethics and morality, the course of -
study in public schools includes the effects of smoking.
Reference Date 1975. OR. REV. STAT. Section
336.067(d) (1983).

Commerce

+ Every person desiring to engage in the sale of cigarettes
as a distributor or wholesaler must obtain a license from -
the Oregon Department of Revenue. Reference Date
1965. OR. REV. STAT. Sections 323.105 & 323.107
(1981).

Taxation

» The tax rate per pack is 27¢ and was last changed in -
1985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* The changes in the interest rate paid on refunds of excess
cigarette taxes are defined. Reference Date 1969. OR.
REV. STAT. Sections 118.230, 118.350, 118.865,
119.220, 293.250, 305.115, 305.830, 314.105, 323.318,
323.330, 323.401 & 496.385 (1987).

* The tax rate for cigarettes sold by common carriers is
increased to that of cigarette distributors. Reference Date
1965. OR. REV. STAT. Sections 323.040 & 323.225
(1987).

' Health and Safety Regulations

* Discarding lighted tobacco, cigars or cigarettes on forest
lands, private roads, public highways, or railroad right of
ways is prohibited. Operators of public conveyances must
post a copy of this provision. Reference Date 1957. OR.
REV. STAT. Section 476.715 (1983).

« Persons causing fires as a result of violating the above
provision is civilly liable for all expenses of fighting the fire.
Reference Date 1971. OR. REV. STAT. Section 477.090
(1983).

* During closed season in forest protection districts, smok-
ing while working in or traveling through a district is
unlawful. Reference Date 1959. OR. REV. STAT. Section
477.510 (1983).

* Violation of Section 477.510 is punishable by a fine of up
to $1,000 or 60 days imprisonment or both. Reference
Date 1963. OR. REV. STAT. Section 477.993(1) (1983).

Pennsylvania

Limitations on Smoking in Public Places

¢ Smoking is prohibited in hospital patient care areas,
nonsmoking patient rooms, and designated nonsmoking
public areas of hospitals. Only patients may smoke in
designated smoking patient rooms. One who violates this
section is subject to a $10 fine and costs of prosecution.
Reference Date 1977. PA. STAT. ANN. Title 35, Section
361 (Purdon Supp. 1985).

Smoking is prohibited in any auditorium, balcony, or
gallery of any theatre. Reference Date 1927. PA. STAT.
ANN. Title 35, Section 1225 (Purdon 1977).

City councils in first through third class cities may prohibit
smoking or carrying lighted tobacco products in retail
stores accommodating 300 people or more, or employing
25 or more workers. Regulation may be imposed in stores
accommodating 100 or more people and 10 or more
employees in third class. However, city councils may not,
under this Act, prohibit smoking in any restaurant,
restroom, beauty parlor, executive office, or any desig-
nated smoking room. Reference Date 1947. PA. STAT.
ANN. Title 53, Sections 3702 & 37403(33) (Purdon 1972

Commerce

¢ Persons under 16 years of age are not to be employed in
stripping or sorting tobacco. Reference Date 1971. PA.
STAT. ANN. Title 43, Section 44 (Purdon Supp. 1985),

Provisions governing industrial homework, based on the
legislature’s recognition that such work is harmful to
society, prohibit manufacturing tobacco in a contractor's
or employer’s home without a permit. Continued viola-
tions may be enjoined. Labels or other identification
marks must be affixed to materials manufactured by
home workers. Fines up to $1,000 or imprisonment up to
60 days or both may also be imposed for violations, and
$5,000 fines or imprisonment for 60 to 90 days or both
will be imposed for a second violation within five years of
conviction. Permits may be revoked for conviction. Ref-
erence Date 1937. PA. STAT. ANN. Title 43, Sections
491-1 to 491-21.1 (Purdon 1964 & Supp. 1985).

No person, unless all of his or her sales of cigarettes are
exempt from tax, shall sell any cigarettes within the state
without a license. PA. STAT. ANN. Title 72, Section
3168.401 (Purdon 1964).

& 1957). Taxation
Regulation of Sale to and Use of Tobacco Products by

Minors * The tax rate per pack is 18¢ and was last changed in

1970. The Tobacco Institute, The Tax Burden on Tobac-

: . . . co: Historical Compilation, 1986, vol. 21, p. 9.
* It is a summary offense to furnish cigarettes, cigarette

papers, or tobacco in any form to one under 16 years of

: . . Health and Safety Regulations
age. Violation of this section is punishable by a fine up to

$25 for the first offense and up to $100 for the second
offense. Subsequent offenses constitute a third degree
misdemeanor. Reference Date 1972. PA. STAT. ANN.

* Smoking on board any ship within 150 feet of a maritime
wharf where petroleum is stored is prohibited, unless the
person in control of the wharf gives written permission. A

Title 18, Sections 6305 & 6306 (Purdon 1983). knowing violation constitutes a misdemeanor for which

107
the violator may be fined up to $50 or up to six months
imprisonment or both. Reference Date 1878. PA. STAT.
ANN. Title 55, Sections 442 & 443 (Purdon 1964).

* Smoking while handling explosives in a nongassy mine
is prohibited. Reference Date 1961.PA. STAT. ANN. Title
§2, Section 701-262(j) (Purdon 1966).

Rhode Island

Limitations on Smoking in Public Places

« Smoking is declared a public nuisance and public health
danger, and is prohibited in the following public places:
elevators, indoor theatres, libraries, art galleries,
museums, concert halls, buses, schools, colleges, super-
markets, medical offices, and hospitals. Smoking is per-
mitted in areas of places listed above that are separate
from use by the public. Eating places with a seating
capacity of 50 or more people are required to have
separate seating arrangements for smokers and non-
smokers. No-smoking signs must be posted and the
person in control of a public area must make reasonable
efforts to prevent smoking. A violation of this section is
punishable by a fine between $10 and $100. Bars,
nightclubs, lounges, dance clubs, and privately spon-
sored social functions are exempt from these provisions.
Reference Date 1977. R.l. GEN. LAWS Sections 23-
20.6-1, 23-20.6-2 & 23.20.6-4 (1979 & Supp. 1984).

* No-smoking signs must be posted prohibiting smoking in
stables and surrounding areas. Reference Date 1976.
R.I. GEN. LAWS Sections 23.28.31-2 & 23-28.31-8
(1979).

The Workplace Smoking Pollution Control Act requires
employers to adopt a smoking policy and post signs for
designated smoking areas. Reference Date 1986. R.l.
GEN. LAWS Sections 23-20.7-1 to 23-20.7-7 (Supp.
1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

« Furnishing any tobacco product to one under 16 years of
age is prohibited and violation is punishable by a maxi-
mum fine of $250 for each offense. A person under 16
years of age who smokes or chews tobacco in any form
in public is subject to a tine of $5. Reference Date 1896.
R.1. GEN. LAWS Section 11-9-13 (Supp. 1987).

108

Commerce

¢ Persons under 16 years of age may not be employed in
stripping, sorting, manufacturing, or packing tobacco.
Reference Date 1943. R.I. GEN. LAWS Section 28-3-9
(1979).

¢ Each person engaged in the business of selling cigarettes
in Rhode Island must secure a license from the tax
administrator. Referance Date 1939. R.!. GEN. LAWS
Section 44-20-2 (1980).

Taxation

* The tax rate per pack is 25¢ and was last changed in
1986. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* The rate of tax on unstamped cigarettes is increased to
12.5 mills for each cigarette. Reference Date 1948. R.1.
GEN. LAWS Section 44-20-13 (Supp. 1987).

Health and Safety Regulations

* No-smoking signs must be posted at gas dispenser is-
lands. Reference Date 1976. R.1. GEN. LAWS Section
23-28.22-15 (1979).

* Discarding lighted cigarettes, cigars, or ashes where they
are likely to cause a forest, brush, grass, or woods fire,
and discarding objects from a moving vehicle are
prohibited. This section is punishable by a fine between
$25 and $100. Reference Date 1970. R.I. GEN. LAWS
Section 2-12-9 (1976).

Carelessly causing a fire on another's land or on an
adjacent highway is punishable by a fine between $25
and $200 or by imprisonment between five and 30 days
or both. If causing the fire is willful, punishment is a fine
up to $200 or imprisonment between 30 days and five

years or both. Reference Date 1970. R.I. GEN. LAWS
Section 2-12-10 (1976).
South Carolina

Limitations on Smoking in Public Places

* Smoking on school buses is prohibited while the bus is in
operation. Reference Date 1937. S.C. CODE ANN. Sec-
tion 59-67-150 (Law. Co-op 1977).

Regulation of Sale to and Use of Tobacco Products by
Minors

* Furnishing cigarettes, tobacco, cigarette papers, or any
substitute therefore, to one under 18 years of age is
prohibited. A violation of this section is punishable by a
fine between $25 and $100, or by imprisonment for be-
tween two months and one year or both. One half of any
fine imposed is paid to the informer. Reference Date
1889. S.C. CODE ANN. Section 16-17-500 (Law. Co-op
1985).

Commerce

* Every person engaged in the business of selling, pur-
chasing, or distributing cigars, cigarettes, snuff or smok-

ing or chewing tobacco at wholesale or through vending
machines must obtain a license to engage in such busi-
ness. Reference Date 1962. S.C. CODE ANN. Section
12-21-660 (Law. Co-op 1977).

* The South Carolina Tax Commission requires tobacco
distributors and purchasers to obtain licenses. Reference
Date 1962. S.C. CODE ANN. Section 12-21-670 (Supp.
1987).

Taxation

* The tax rate per pack is 7¢ and was last changed in 1977.
The Tobacco Institute, The Tax Burden on Tobacco:
Historical Compilation, 1986, vol. 21, p. 9.

Health and Safety Regulations

* No-smoking signs must be posted in places where
fireworks are stored and sold. Reference Date 1962.S.C.
CODE ANN. Sections 23-35-90 & 23-35-100 (Law. Co-op
1977).

South Dakota

Limitations on Smoking In Public Places

* Smoking is prohibited in any hospital or medical or dental
clinic, nursing home, public library, museum, indoor
theater or concert hall, elementary or secondary school
building, public conveyance, jury room, elevator, public
meeting, and any building constructed, maintained or
supported by tax revenues for public purposes. Res-
taurant proprietors may designate a portion of their estab-
lishment with a seating capacity of 100 or more persons
as nonsmoking. Reference Date 1974. S.D. CODIFIED
LAWS ANN. Section 22-36-2 (Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

* Municipalities possess the authority to prohibit furnishing
cigarettes to minors or use of cigarettes by minors. Ref-
erence Date 1980. S.D. CODIFIED LAWS ANN. Section
9-29-8 (1981).

* A minor is defined as a person under 18 years of age.
Reference Date 1877. S.D. CODIFIED LAWS ANN. Sec-
tion 26-1-1 (1984).

* It is a Class 2 misdemeanor to knowingly sell or give any
tobacco product to a minor. It is a petty offense for any
minor to purchase, attempt to purchase, possess, or
consume any tobacco product. Reference Date 1987.
S.D. CODIFIED LAWS ANN. Sections 10-46-8.3 & 15-7-
17 (1987).

109

* The use of smokeless tobacco by, or the sale of smoke-
less tobacco to minors is prohibited and violation is a petty
offense. Reference Date 1986. S.D. CODIFIED LAWS
ANN. Sections 26-10-20 & 26-10-21 (Supp. 1987).

Commerce

* Municipalities possess the power to license and regulate
the manufacture and sale of tobacco products. Reference
Date 1890. S.D. CODIFIED LAWS ANN. Section 9-34-6
(1981).

* Certain fees affecting tobacco, motor vehicles, and motor
fuel sales are revised. Reference Date 1955. S.D.
CODIFIED LAWS ANN. Sections 10-1-13 & 10-1-16.1
(Supp. 1987).

Taxation

* The tax rate per pack is 23¢ and was last changed in
1985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* The tax rate on tangible personal property sold through
vending machines is increased. Reference Date 1987.
S.D. CODIFIED LAWS ANN. Section 10-45-8.2 (Supp.
1987).

* The sales tax exemption for the sale of cigarettes is
repealed. Reference Date 1935. S.D. CODIFIED LAWS
ANN. Sections 10-45-8.2 & 10-45-11 (Supp. 1987).
Health and Safety Regulations

* Discarding burning tobacco products from a vehicle is
prohibited, and is punishable as a Class 2 misdemeanor.
Reference Date 1937. S.D. CODIFIED LAWS ANN. Sec-
tion 34-35-8 (1977).

* No-smoking signs must be posted where fireworks are
sold, Reference Date 1971. S.D. CODIFIED LAWS ANN.
Section 34-37-10.3 (1977).

Tennessee

Regulation of Sale to and Use of Tobacco Products by
Minors

* Furnishing cigarettes, cigars, pipes, tobacco, or other
tobacco products and smoking paraphernalia to a minor
under 18 years of age is prohibited. Minors are prohibited
from procuring cigarettes, cigars, pipes, smokeless
tobacco, or other tobacco products and smoking
paraphernalia and are prohibited from misrepresenting
their age to obtain these materials. Merchants shall
demand identification containing proof of age before they
may sell cigarettes to aperson who appears to be aminor.
Signs must be posted where smoking materials are sold
stating the prohibitions and punishments for violation.
Law entorcement officers who send minors, with parental
consent, to buy smoking materials are not committing a
violation or an act of entrapment. Vendors who violate any
of these prohibitions on three occasions are prohibited
from selling smoking materials for five years. Each vicla-
tion is punishable by a fine up to $500 and imprisonment
for up to six months. Reference Date 1981. TENN. CODE
ANN. Sections 39-4-411 to 39-4-418 (1982).

The dissemination, purchase, or acquisition of smokeless
tobacco products to or by a minor is unlawful. Reference
Date 1981. TENN. CODE ANN. Sections 39-4-411 to
39-4-417 (Supp. 1987).

Commerce

+ Every person engaged in the business of selling, distribut-
ing, or handling tobacco products in Tennessee must
obtain a license to engage in such business. Reference
Date 1937. TENN. CODE ANN. Section 367-4-1015
(1983).

« The type of buriey seed unlawful for sale unless certified
is defined. Reference Date 1972. TENN. CODE ANN.
Section 43-10-105 (1988).

* The licensing fees for retailers of tobacco products are
eliminated. Reference Date 1937. TENN. CODE ANN.
Sections 67-4-1015 & 67-4-1019 (Supp. 1987).

Taxation

* The tax rate per pack is 13¢ and was last changed in
1969. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* The Unfair Cigarette Sales Law is revised to levy an.
additional sales tax on cigarettes and to provide for strict
enforcement of the law. Reference Date 1949. TENN.
CODE ANN. Sections 47-25-302, 47-25-308 to 47-25-
312 & 67-4-1002 to 67-4-1009 (Supp. 1987).

Health and Safety Regulations

* No-smoking signs must be posted where fireworks are
sold or stored. The presence of smoking materials within
10 feet of where fireworks are stored or sold is prohibited.
Violation is punishable by a fine of from $50 to $200 or 30
to 60 days imprisonment or both. Reference Date 1959.
TENN. CODE ANN. Sections 68-22-111 & 68-22-114
(Supp. 1984).

Smoking is restricted in mines and mining areas where

flammable materials are stored. Violation is punishable.
by a fine between $50 and $500 or by imprisonment up

to six months or both. Reference Dates 1951 and 1953.

TENN. CODE ANN. Sections 59-6-103(b), 59-6-117, 59-

6-510 & 59-7-106(b) (1980).

Texas

Limitations on Smoking In Public Places

« Smoking or possession of a burning tobacco product is
prohibited in primary and secondary schools, elevators,
indoor theaters, libraries, museums, hospitals, public

110

buses, planes, and trains, or as partofa theatrical produc-
tion, except in designated areas. Signs must be posted.
stating that smoking is prohibited. Failure to post the sign
ig a defense to prosecution, as is a failure to provide
facilities to extinguish smoking materials. One who
violates this section is guilty of a class C misdemeanor.
Reference Date 1975. TEX. PENAL CODE ANN. Section
48.01 (Vernon Supp. 1985).

Regulation of Sale to and Use of Tobacco Products by
Minors

* Furnishing cigarettes or tobacco in any form to one under
16 years of age, without parental consent, is punishable
by a fine between $10 and $100. Reference Date 1899.
TEX. CIV. CODE ANN. Section 4476-16 (Vernon 1976).

Schools and School Health Education

* Students are prohibited from smoking at any school re-
lated or sanctioned activity on or off public school proper-
ty. Reference Date 1987. TEX. EDUC. CODE Section
21.927 (Vernon 1988).

* A school health education program relating to smoking
and cancer is to be included in the curriculum for students
from kindergarten through grade twelve. Uncodified. Act
1985 69th Legislature HCR 2 (1985).

Commerce

* A person may not engage in business as a distributor,
wholesale dealer, or retail dealer of cigarettes unless he
has received a permit from the Comptroller of Public
Accounts of the State of Texas. Reference Date 1935.
TEX. TAX CODE ANN. Sections 154.001 & 154.101
(Vernon 1982).

* Neighborhood convenience stores are to sell cigarette
papers only if they are accompanied by loose tobacco.
Uncodified. Act 1987 70th Legislature HCR 177 (1987).

* Cigarette and tobacco taxes and permits as they relate to
wholesalers and distributors are defined. Reference Date
1935. TEX. TAX CODE. ANN. Sections 154.001 to
155.110 (Vernon 1988).

Taxation

* The tax rate per pack is 20.5¢ and was last changed in
1985. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

* The provisions relating to the payment of cigarette taxes
are defined. Reference Date 1981. TEX. TAX CODE
ANN. Sections 154.050(b) to 154.052(a) (Vernon 1988).

* The administration of the cigarette tax stamp is the duty
of the state treasurer. Reference Date 1935. TEX. TAX
CODE ANN. Sections 154.041, 154.043, 154.047,
154.055 & 154.056 (Vernon 1988).

Health and Safety Regulations

¢ Permitting lighted smoking materials within 10 feet of
areas where fireworks are sold is prohibited. No-smoking
signs must be posted. The maximum penalty for violation
is a fine of up to $1,000, one year’s imprisonment or both.
Reference Date 1957. TEX. CIV. CODE ANN. Sections
9205(7) & (11) (Vernon Supp. 1985).

Minors are prohibited from carrying a lighted pipe or fire
in any form where they will endanger the lives of others.
Reference Date 1907. TEX. CIV. CODE ANN. Section
5910a (Vernon Supp. 1985).

The 69th Legisiature supports the goal of a smokeless
teenage society by the year 2000. Uncodified. Act 1985
69th Legislature HCR 4 (1985).

Utah

Limitations on Smoking in Public Places

* As an offense against the public welfare, smoking in a
public place or at a public meeting place is prohibited
except in designated smoking areas, unless an entire
place is used for a private social function with seating
arrangements controlled by the function’s sponsor. Also
in workplaces not frequented by the public and where
smoke pollution is detrimental to the health or comfort of
nonsmoking employees, the local health board is to draw
up smoking rules to govern workplace smoking.

Persons in control of public places may designate smok-
ing areas, except places where smoking is prohibited by
the fire marshal or some other law and are responsible
for posting appropriate signs and arranging for seating
and ventilation to provide smokefree areas.

111

Public place is defined as any enclosed, indoor area used
by the general public or serving as a place of work
including, but not limited to, restaurants, health care
offices, and other commercial establishments, nursing
homes, auditoriums, theatres, arenas, meeting rooms,
and buildings constructed, maintained, or otherwise sup-
ported by tax revenues in whole or in part. In addition,
enclosed indoor areas where the proprietor posts no-
smoking signs are considered public places. Violation
constitutes a class C misdemeanor. Local health boards
may also institute court action to enjoin repeated viola-
tions. Reference Date 1976. UTAH CODE ANN. Sections
76-10-101, 76-10-106, and 76-10-108 to 76-10-110
(1978).

Criminal statutory sections 76-10-106 and 76-10-108
through 76-10-110 are deemed to be public health laws
enforceable by the health departments. The Health
Department is empowered to adopt rules to implement
these criminal provisions. Reference Date 1981. UTAH
CODE ANN. Sections 26-15-11 & 26-15-12 (1984).

Smoking on any bus except a chartered bus constitutes
a class C misdemeanor. The passenger who is in viola-
tion may be ejected by the bus driver; other passengers
may inform the driver of violators and request their dis-
charge. Reference Date 1979. UTAH CODE ANN. Sec-
tion 76-10-1506 (Supp. 1983).

The Indoor Clean Air Act shall include public conveyan-
ces, buses, railway passenger cars, airport terminals, bus
stations, railway terminals, elevators, retail stores, and
other commercial establishments. Reference Date 1976.
UTAH CODE ANN. Sections 76-10-101 to 76-10-110
(Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

+ Furnishing cigarettes or tobacco of any kind to one under
19 years of age, procuring cigarettes, cigars, or tobacco
in any form, or allowing one under 19 years of age to
smoke in his place of business is punishable as a class
C misdemeanor. Reference Dates 1973 and 1974. UTAH
CODE ANN. Sections 76-10-103 to 76-10-105 (1978).

Cities and towns are empowered to prohibit the furnishing
of tobacco to persons under 21 years of age. Reference
Date 1898. UTAH CODE ANN. Sections 10-8-47 & 10-
13-9 (1973).

Furnishing cigarettes to a minor is prohibited. Reference
Date 1930. UTAH CODE ANN. Section 59-18-12 (Supp.
1983).

Aperson who controls a tobacco vending machine that is
accessible to persons under 19 years of age or who
provides tobacco to a person under 19 years of age is
guilty of a misdemeanor punishable by a fine between
$25 and $100 or by imprisonment up to 60 days for the
first offense. Second offenses are punishable by a fine of
$50 to $200 or up to 90 days imprisonment. Subsequent
offenses are punishable by a fine of $100 to $299 or not
less than 90 days imprisonment or both. Signs prohibiting
tobacco sales to minors must be posted on each
machine. One who violates these provisions is guilty of a
nuisance and may be enjoined from such activity, and the
building itself may be abated as a nuisance. Reference
Date 1933. UTAH CODE ANN. Sections 59-18-18 &
59-18-19 (1974).

Schools and School Health Education

» The State Board is required to adopt rules that provide for
instruction in each grade level on the harmful effects of
alcohol, tobacco, and controlled substances. Reference
Date 1907. UTAH CODE ANN. Sections 53-14-4 & 53-
14-4.1 (Supp. 1987).

112

Regulation of Advertising Practices

* Awarning label that states “Use of this product may cause
oral cancer and other mouth disorders and is addictive,”
is required on all smokeless tobacco products sold in the
state. Reference Date 1986. UTAH CODE ANN. Sections
59-14-501 to 59-14-508 (1987).

* Cigarette and other tobacco products advertisements are
prohibited on any billboard, streetcar, bus, or any other
display except that a cigarette dealer may have a sign in
front of his business stating he is a cigarette dealer.
Cigarette advertisements may appear in newspapers,
magazines and periodicals. Reference Date 1953. UTAH
CODE ANN. Section 76-10-102 (1978).

Commerce

* it shall be unlawful for any person to barter, sell, or offer
for sale cigarettes or cigarette papers without having
obtained a license therefore from the Utah State Tax
Commission. Reference Date 1930. UTAH CODE ANN.
Section 59-18-1 (Supp. 1985).

« ttis unlawful for any person to sell, offer for sale, give or
furnish clove cigarettes in the state. Reference Date
1974. UTAH CODE ANN. Section 76-10-105.3 (Supp.
1987).

* tt is unlawful for any person to sell, offer for sale, give or
furnish smokeless tobacco or chewing tobacco in the
state. Reference Date 1973. UTAH CODE ANN. Sections
76-10-102 & 76-10-111 (Supp. 1987).

Taxation

“e The tax rate per pack is 23¢ and was last changed in
1987. The Tobacco Institute, “Cigarette Tax Data,” 1987.

* The “Phase II” changes in the cigarette and tobacco
licensing tax laws are clarified and defined. Reference
Date 1986. UTAH CODE ANN. Sections 59-14-101, 59-
14-201 to 59-14-209 (1987).

* The Tax Code, particularly as it applies to tobacco sales
and taxes, is recodified. Reference Date 1953. UTAH
CODE ANN. Sections 59-14-101 to 59-14-107 (1987).

Health and Safety Regulations
* Discarding lighted smoking materials from a moving

vehicle, or otherwise discarding substances that may
cause fires on highways or wildiands constitutes a mis-

demeanor. One who starts a fire as a result of violations

may also be liable for the costs incurred in fighting the fire.
Reference Date 1951. UTAH CODE ANN. Sections 24-

2-15 & 24-2-18 (1984).

* Discarding “any lighted material” from a moving vehicle
is prohibited, and violation is punishable by a fine be-
tween $25 and $299 for each violation. Courts may also