U.S. State and Local Issues Protecting Our Right to Breathe Clean Air The scientific evidence is clear: Secondhand smoke causes serious diseases and premature death among nonsmokers. That's why a growing number of states, cities and countries are enacting laws that require all workplaces and public places to be smoke-free. In April 2015, New Orleans became the last major U.S. city to go smoke-free. These laws protect everyone's right to breathe clean air. A Global Movement for Smoke-Free Air There has been enormous progress in the United States, and a growing movement globally, to enact strong smoke-free laws: In the U.S., 30 states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, plus hundreds of cities and counties, have enacted strong smoke-free laws that include restaurants and bars. The states are: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington and Wisconsin.

A growing number of countries have also passed strong smoke-free laws. These include: Bhutan, Chad, Colombia, Djibouti, Guatemala, Guinea, Iceland, Iran, Ireland, Lithuania, Marshall Islands, Mauritius, New Zealand, Norway, Panama, Turkey, Tuvalu, the United Kingdom, Uruguay and Zambia. All Canadian provinces/territories and Australian states/territories have enacted such laws. A Toxic Soup of Chemicals and Carcinogens Secondhand smoke is a poisonous mixture of more than 7,000 chemicals, including hundreds that are toxic and at least 69 that cause cancer. The U.S. Surgeon General and public health agencies around the world have documented overwhelming evidence of the deadly effects of secondhand smoke: Secondhand smoke causes lung cancer and heart disease in non-smoking adults. Among babies and children, it causes sudden infant death syndrome (SIDS), low birth weight, respiratory and ear infections, and more severe asthma attacks. There is no safe level of exposure to secondhand smoke.

Even brief exposure can trigger harmful changes in the cardiovascular system that increases risk of heart attack or stroke. In the U.S., secondhand smoke kills about 50,000 people each year, according to the U.S. Centers for Disease Control and Prevention. Worldwide, secondhand smoke kills more than 600,000 people each year, according to a 2010 study by the World Health Organization.brake cleaner spray suppliers Smoke-Free Laws: The Only Solutionspray gun washer pump Public health authorities have concluded that the only way to protect nonsmokers from secondhand smoke is to require completely smoke-free workplaces and public places. are air purifiers bad for birdsOther approaches, such as air ventilation systems and separate smoking and non-smoking sections, do not eliminate exposure to secondhand smoke.

Numerous scientific studies have also documented that smoke-free policies do not have an adverse economic impact on the hospitality industry (see our Fact Sheet: Smoke-Free Laws Do Not Hurt Business at Restaurants and Bars). It's time to protect everyone's right to breathe clean air. Health Harms of Secondhand Smoke Smoke-Free Laws Do Not Harm Business at Restaurants and Bars View Related Fact Sheets Surgeon General's Report on Secondhand Smoke (June 27, 2006) Institute of Medicine Report: Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the Evidence (October 15, 2009) Map of Smoke-Free States and Cities Fast Facts: Making the Case for Smoke-Free Laws : An online toolkit to help implement smoke-free laws Straight Talk About Smoke-Free Laws (video)The attached documents have been prepared to assist enforcement officials in the implementation of the Clean Indoor Air Act (CIAA). This guidance includes a review of the law's applicability to membership associations, a cigar bar definition, and criteria for use in reviewing waiver applications and issuing waivers.

The waiver criteria are to be followed by New York State Department of Health ("Department") enforcement officials. City and county officials may, in their discretion, choose to follow some or all of the waiver guidance. The documents, which have been prepared and reviewed in conjunction with staff of the Department's Division of Legal Affairs, can be used as separate attachments for use/transmittal as necessary. The following is a brief description of the three documents. If you have questions, please contact Eileen Franko or Brian Miner at (518) 402-7600. A "membership association" in which all the duties are performed by members who do not receive compensation of any kind from the membership association or any other entity for the performance of their membership association duties, is exempt from all smoking restrictions contained within the CIAA. Compensation includes pay, tips, free membership, life insurance, drinks, meals, lodging, or any other items that would be considered compensation for performance of their duties.

Any membership association that meets the criteria described in Section 1399-q(4) for "membership associations" is not subject to any of the provisions in the CIAA. Such organization could allow smoking in facilities that serve food and alcoholic beverages, operate bingo games or operate other fund raising activities. These activities could be attended by members, member guests and the general public. Any organization seeking exemption from the applicability of the CIAA as a membership association must show that: It is a membership association, which is defined in Section 1399-n(4) as a not-for-profit entity which has been created or organized for a charitable , philanthropic, educational, political, social or other similar purpose; All of the duties with respect to the operation of such association, including, but not limited to the preparation of food and beverages, the service of food and beverages, reception and secretarial work, and the security of the membership association

are performed by members of such membership association who do not receive compensation of any kind from the membership association or any other entity for the performance of such duties. A waiver applicant may be granted a waiver if the applicant demonstrates that compliance with a specific provision of the CIAA created an "undue financial hardship" or other factors exist that make compliance unreasonable. The merits of each waiver application should be assessed individually, taking into account the particular circumstances of each facility for which a waiver is sought. If a waiver is granted, one of its written conditions should state that "if the actions to be taken by the facility to meet the conditions and restrictions for the following item listed above that is applicable to the facility: IA(1)(f), IB(2)(e), IC (2)(e), IIA(2)(e), IIB(2)(e) are determined by the enforcement officer to not be effective in minimizing the adverse effects of the waiver, the enforcement officer reserves the right to require other actions and/or if necessary rescind the waiver."