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Moving Towards a Tobacco-Free


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									   Moving Towards a Tobacco-Free
           North Carolina

Health and Wellness Trust Fund Annual Meeting
Protecting North Carolina from Secondhand
       Smoke: House Bill 2 and Beyond

               Sally Herndon Malek
                   Jim D. Martin
                   Layton Long
                                     Tobacco Prevention and
                October 22, 2009     Control Branch
 Celebrating Success in
    North Carolina!!
Winston-Salem Journal
By James Romoser and John Hinton
May 14, 2009

RALEIGH -- Smoking will be outlawed in every
restaurant and bar in North Carolina starting
early next year.

After months of vigorous debate, the N.C. General
Assembly gave final approval yesterday to a bill that
marks a historic break with the state's long and
lucrative tobacco legacy. It makes North Carolina
the first major tobacco-producing state to pass
such a restrictive ban on smoking.
      History and Appreciations
•   Leadership
•   Right People
•   Right Time
•   Grassroots
•   Media
•   Sound science
•   Strong Organizational Partnerships
•   Support from the business community
       House Bill #2: 2009
Representative Holliman Makes A
  Statement as Session opens.
Three Sides of Influence


 NC Business interests: Level Playing Field
       creates a win-win situation!

Minor’s Provision is bad for business and bad
         for public and worker health
                Restaurants will now fight smoking ban
                            April 2, 2009
                News and Observer: Under the Dome

"It's pretty clear. We now strongly oppose the bill," said Paul Stone,
president and CEO of the North Carolina Restaurant and Lodging
Association. "It creates a significant amount of unfairness. There are
plenty of family friendly places that also have active bars later at night.”

Stone said that the state has 16,000 restaurants and 8,000 of them
serve alcohol.
Scientists, Local Leaders, TRU Teens, Business interests, Clergy
      …all   of you had a hand in this success!!
                Give yourselves a hand!!
Governor Perdue signs H2 in a
             public ceremony
                  May 19, 2009

                   Photo Credit:
                   Ted Richardson
                   News and Observer
          House Bill 2:
   Signing Was A Celebration!

Photo Credit: Ted Richardson
News and Observer
Our moment in history!
North Carolina’s New Smoke-
 free Restaurants and Bars
     NC Division of Public Health
   Tobacco Prevention and Control

                           Tobacco Prevention and
                           Control Branch
 NEW NC Smoke-free Law

HB 2 passed by the NCGA on May 14, 2009

HB 2 signed by Gov. Perdue on May 19, 2009

New law becomes effective January 2, 2010
     NEW NC Smoke-free Law
What the new NC law covers:
• Smoke-free restaurants and bars (enclosed areas)
• Smoke-free lodging facilities that serve food and drink—
  (up to 20% of guest rooms may allow smoking)
• Very limited exemptions
   – Cigar bars that meet requirements
   – Private clubs—country clubs or membership clubs
     with selected membership, non-profit status and
     restricted food and lodging services
• Allows local government authority to pass some further
  restrictions for all government grounds and other public
Restaurant owners, managers, and staff are responsible for
  The vast majority of restaurants and bars will comply
                Tobacco Prevention and Control Branch

How will NC public health and
NC businesses implement the
          new law?
               EDUCATION IS KEY
          to successful implementation!

   Business Education          Public Education

Website                    Website
www.smokefree.nc.gov       Earned media
Business Guides            Paid media
Two Mailings               Community events
Webinar in December
Collaborations with NC
  Restaurant and Lodging
 How will we know the new law
          is working?
1. Compliance data
  •   Local health departments
2. Exposure data – pre and post
  •   Air quality monitoring
3. Health outcomes data
  •   Hospitalizations from acute myocardial
  •   Asthma related ER visits
Lets Celebrate! January 2, 2010
                 Join IN!!
            Pick a restaurant
       Go out to eat! All across NC!
Thank the owner, manager and staff for the
          smokefree environment!
   Look for more information to come!
North Carolina’s New Smoke-
 free Restaurants and Bars
           Jim D. Martin, MS
       NC Division of Public Health
  Tobacco Prevention and Control Branch

                               Tobacco Prevention and
                               Control Branch
  New Statewide Prohibitions
• Restaurants
 (State Public Health Food Sanitation Permit)
• Bars
 (State ABC Commission Permit)

• Some lodging establishments
 (State Permit to serve food or drink)
    What is an enclosed area?

An area is considered to be enclosed if
 it has:
 (A) a roof or other overhead covering
 (B) walls or side coverings on all
 sides or on all sides but one.
             Exceptions to
         Statewide Prohibitions
Cigar bars, if:
   • ≥ 60% revenue from sale of
     alcoholic beverages
   • ≥ 25% revenue from sale of
   • entry restricted to 21 & above
   • humidor on premises
   • smoke does not migrate
     into areas where smoking
     is prohibited under state law
        Exceptions to
    Statewide Prohibitions
Private club is a country club or
organization that:
• maintains selective members
• is operated by the membership
• provides food or lodging for pay
  only to members or member’s guests
• is a nonprofit corporation
  Is hookah smoking allowed?

Smoking hookah is only allowed if:

the hookah establishment is not a
 restaurant, bar or lodging
 establishment as defined by the law.
Will convenience stores, bowling
alleys and other places that sell
    food also be smoke-free?

• It depends.

 If the business is required to comply with
 the state’s public health laws governing
 sanitation in food establishments, it must
 comply with the new smoke-free law.
  Expanded Local Authority
                2 new types:

local government grounds
  • all unenclosed areas owned, leased, or
     occupied by a local government
public places
   • enclosed areas to which the public
       is invited or permitted
   • subject to many exceptions
                      Layton Long
             Davidson County Health Director
Chair, Ad Hoc Committee on Implementation of House Bill 2

         With education and public support,
the vast majority of restaurants and bars will comply
 What constitutes compliance?
  A person in charge of a restaurant, bar,
 or lodging establishment that is subject to
             the new law must:
• Post the required no-smoking signs in
  conspicuous locations.
• Remove indoor ashtrays and other smoking
• Direct any person who is smoking to extinguish
  the cigarette, cigar, or other item.
                     G.S. 130A-497

1-800-662-7030 www.smokefree.nc.gov
    A Complaint-driven System
         of Enforcement
If a manager does not take action,
complaints can be registered by:

•Calling CARE-LINE: 1-800-662-7030
•Visiting www.smokefree.nc.gov
•Contacting the local health department
    Local Health Department’s
        Roles & Actions
Local health department may act to ensure
compliance through:
•Educating          First and foremost!
   – public
   – business

•Promoting the benefits of the new law
•Providing technical assistance to businesses
•Verifying complaints
•Documenting violations
•Imposing administrative penalties
           For more information,
See the School of Government publications
  and Webinar series at:

Go to: www.smokefree.nc.gov
In late October 2009

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