US states North Carolina, Wisconsin to ban smoking
Emery P. Dalesio , Associated Press , Raleigh | Thu, 05/14/2009 4:05 PM | World
Beer and cigarettes go together like cows and hay in hard-partying Wisconsin. North Carolina is the top U.S. tobacco-growing state.
Yet bars and restaurants in boh states are poised to go smoke-free after their state Legislatures passed bans Wednesday. Both North Carolina Gov. Beverly Perdue and Wisconsin Gov. Jim Doyle have said they support the measures.
Twenty-two U.S. states and the District of Columbia have prohibited smoking in bars and restaurants since Nework City passed its landmark ban in 2003. Four more states - Montana, Nebraska, South Dakota and Virginia - will do so by the end of the year. Florid, Idaho and Nevada ban smoking in restaurants, but not bars.
The North Carolina House's 62-56 vote marked yet another step away from the legacy of tobacco in a state that is still the nation's top producer by sales. Last year, North Carolina farmers produced $686 million worth of tobacco, nearly half the value of the entire U.S. output.
"It is definitely a historic move," said Betsy Vetter, a spokeswoman for the American Heart Association's North Carolina chapter. "We think this will protect a large portion of the population from secondhand smoke, and that's quite an accomplishment for public health."
Their law would allow fines of up to $50 for smokers who keep puffing after being asked by an establishment's managers to stop, but the law can only be enforced by a local health director and not police. Hospitality owners or managers could be fined up to $200 after being warned twice to enforce the smoking rules.
In Wisconsin, lawmakers voted for a bill that marked an uneasy truce between the Wisconsin Tavern League, which has opposed past attempts at smoking regulations, and anti-smoking and health groups.
The ban, which takes effect July 2010, would apply in almost all workplaces. Smokers in violation would face fines of up to $250. Bar owners could set up outdoor smoking areas within a reasonable distance of the establishment. Owners who don't try to stop smokers would get a warning and then face a $100 fine for subsequent violations.
Tag Grotelueschen, 41, co-owner of the Club Garibaldi bar in Milwaukee's Bay View neighborhood, said it's "ludicrous" to regulate consumption of a legal product, but he's glad the ban would be statewide.
"If it were by municipality it would hurt the bars on the fringes, but if it's statewide I don't think it's going to hurt us," he said. "Customers might complain at first, but I think they'll acclimate."
But Republican Rep. Leah Vukmir branded the ban "anti-smoking zealotry."
"The only thing that's compromised are individual rights and individual freedoms," she said.
Meanwhile, in Texas, a statewide ban on smoking in public places passed a Senate committee on Monday and went to the full Senate for consideration.
In Mississippi, Republican Gov. Haley Barbour, a former tobacco lobbyist who long opposed raising the state's cigarette tax, signed a bill Wednesday that raises it from 18 cents a pack to 68 cents.
Barbour signed the legislation as Mississippi struggles with an estimated revenue shortfall of $400 million. The tax is estimated to generate more than $113 million in the coming fiscal year that begins July 1. The governor declined to comment on the legislation.
Harleyrider1978 (not verified) — Thu, 07/16/2009 - 7:30pm
THE AIR ACCORDING TO OSHA
Though repetition has little to do with "the truth," we're repeatedly told that there's "no safe level of exposure to secondhand smoke."
OSHA begs to differ.
OSHA has established PELs (Permissible Exposure Levels) for all the measurable chemicals, including the 40 alleged carcinogens, in secondhand smoke. PELs are levels of exposure for an 8-hour workday from which, according to OSHA, no harm will result.
Of course the idea of "thousands of chemicals" can itself sound spooky. Perhaps it would help to note that coffee contains over 1000 chemicals, 19 of which are known to be rat carcinogens.
-"Rodent Carcinogens: Setting Priorities" Gold Et Al., Science, 258: 261-65 (1992)
There. Feel better?
As for secondhand smoke in the air, OSHA has stated outright that:
"Field studies of environmental tobacco smoke indicate that under normal conditions, the components in tobacco smoke are diluted below existing Permissible Exposure Levels (PELS.) as referenced in the Air Contaminant Standard (29 CFR 1910.1000)...It would be very rare to find a workplace with so much smoking that any individual PEL would be exceeded."
-Letter From Greg Watchman, Acting Sec'y, OSHA, To Leroy J Pletten, PHD, July 8, 1997
Indeed it would.
Independent health researchers have done the chemistry and the math to prove how very very rare that would be.
As you're about to see in a moment.
In 1999, comments were solicited by the government from an independent Public and Health Policy Research group, Littlewood & Fennel of Austin, Tx, on the subject of secondhand smoke.
Using EPA figures on the emissions per cigarette of everything measurable in secondhand smoke, they compared them to OSHA's PELs.
The following excerpt and chart are directly from their report and their Washington testimony:
CALCULATING THE NON-EXISTENT RISKS OF ETS
"We have taken the substances for which measurements have actually been obtained--very few, of course, because it's difficult to even find these chemicals in diffuse and diluted ETS.
"We posit a sealed, unventilated enclosure that is 20 feet square with a 9 foot ceiling clearance.
"Taking the figures for ETS yields per cigarette directly from the EPA, we calculated the number of cigarettes that would be required to reach the lowest published "danger" threshold for each of these substances. The results are actually quite amusing. In fact, it is difficult to imagine a situation where these threshold limits could be realized.
"Our chart (Table 1) illustrates each of these substances, but let me report some notable examples.
"For Benzo[a]pyrene, 222,000 cigarettes would be required to reach the lowest published "danger" threshold.
"For Acetone, 118,000 cigarettes would be required.
"Toluene would require 50,000 packs of simultaneously smoldering cigarettes.
"At the lower end of the scale-- in the case of Acetaldehyde or Hydrazine, more than 14,000 smokers would need to light up simultaneously in our little room to reach the threshold at which they might begin to pose a danger.
"For Hydroquinone, "only" 1250 cigarettes are required. Perhaps we could post a notice limiting this 20-foot square room to 300 rather tightly-packed people smoking no more than 62 packs per hour?
"Of course the moment we introduce real world factors to the room -- a door, an open window or two, or a healthy level of mechanical air exchange (remember, the room we've been talking about is sealed) achieving these levels becomes even more implausible.
"It becomes increasingly clear to us that ETS is a political, rather than scientific, scapegoat."
Chart (Table 1)
-"Toxic Toxicology" Littlewood & Fennel
Coming at OSHA from quite a different angle is litigator (and how!) John Banzhaf, founder and president of Action on Smoking and Health (ASH).
Banzhaf is on record as wanting to remove healthy children from intact homes if one of their family smokes. He also favors national smoking bans both indoors and out throughout America, and has litigation kits for sale on how to get your landlord to evict your smoking neighbors.
Banzhaf originally wanted OSHA to ban smoking in all American workplaces.
It's not even that OSHA wasn't happy to play along; it's just that--darn it -- they couldn't find the real-world science to make it credible.
So Banzhaf sued them. Suing federal agencies to get them to do what you want is, alas, a new trick in the political deck of cards. But OSHA, at least apparently, hung tough.
In response to Banzhaf's law suit they said the best they could do would be to set some official standards for permissible levels of smoking in the workplace.
Scaring Banzhaf, and Glantz and the rest of them to death.
Permissible levels? No, no. That would mean that OSHA, officially, said that smoking was permitted. That in fact, there were levels (hard to exceed, as we hope we've already shown) that were generally safe.
This so frightened Banzhaf that he dropped the case. Here are excerpts from his press release:
"ASH has agreed to dismiss its lawsuit against OSHA...to avoid serious harm to the non-smokers rights movement from adverse action OSHA had threatened to take if forced by the suit to do it....developing some hypothetical [ASH's characterization] measurement of smoke pollution that might be a better remedy than prohibiting smoking....[T]his could seriously hurt efforts to pass non-smokers' rights legislation at the state and local level...
Another major threat was that, if the agency were forced by ASH's suit to promulgate a rule regulating workplace smoking, [it] would be likely to pass a weak one.... This weak rule in turn could preempt future and possibly even existing non-smokers rights laws-- a risk no one was willing to take.
As a result of ASH's dismissal of the suit, OSHA will now withdraw its rule-making proceedings but will do so without using any of the damaging [to Anti activists] language they had threatened to include."
-ASH Nixes OSHA Suit To Prevent Harm To Movement
Looking on the bright side, Banzhaf concludes:
"We might now be even more successful in persuading states and localities to ban smoking on their own, once they no longer have OSHA rule-making to hide behind."
Once again, the Anti-Smoking Movement reveals that it's true motive is basically Prohibition (stopping smokers from smoking; making them "social outcasts") --not "safe air."
And the attitude seems to be, as Stanton Glantz says, if the science doesn't "help" you, don't do the science.