County Health Department Reports Few Problems with New Smoke Free Law
E (lectronic) Cigarettes Not Covered by Law, But State Discourages Use
May 22, 2010
By: Dave Rogers
Although e-cigarettes are not covered under Michigan's smoke-free air law, businesses may set their own policy banning the use of e-cigarettes in their establishment.
The Bay County Health Department official charged with enforcing the state's new Dr. Ron Davis Smoke-Free Air Law says few problems have arisen so far.
"We thought we would be inundated with complaints, but that hasn't happened," said Joel Strasz, public services manager of the health department.
An estimated 75-78 percent of the public does not smoke, said Mr. Strasz.
Smoking is prohibited in most public places in Michigan, including workplaces and food service establishments. The law covers restaurants, bars, hotel-motel guest rooms, shopping malls, bowling alleys, concert halls, arenas, museums, mechanic's shops, health facilities, nursing homes, educational facilities and child care centers.
Living units of apartments and condominium buildings are not covered by the law, but common areas must be smoke free. Owners of such buildings are free to adopt smoke-free policies covering the entire building including the living units.
Smoking may be allowed in outdoor areas but the law is silent on distance requirements, although local ordinances may cover that aspect. State law also is silent on mandatory smoking breaks for employees.
Since the law took effect May 1, Mr. Strasz said in Bay County "everything is pretty good so far."
He said owners of bars, restaurants and other public establishments have the primary responsibility to control smoking. If violations are reported by customers, the operator, since they are liable, must take action, said Mr. Strasz.
If a complaint is made to the health department, officials determine if it is legitimate and, if so, they contact the owner. If the situation continues, health officials may issue tickets that call for fines of $100 to $500.
Businesses must post "no smoking" signs where smoking is prohibited under the act, including outdoor areas such as patios or rooftops where patrons are intended to receive service or sonsume food, beverages or both.
Owners also must remove all ashtrays or other smoking paraphernalia and are empowered to refuse service to an individual smoking in violation of this act. "If the individual continues to smoke in violation of this act, the business owner is required to inform them they are in violation of the acts and are subject to penalties and to ask the smoker to leave.
Violations in Bay County may be reported by calling the health department at 895-4281, said Mr. Strasz.
"We do a great deal of education," said Mr. Strasz. Funds have been received from the Michigan Department of Education to pay for the cost of the classes. "We have already held a dozen classes for business owners, primarily bar and restaurant owners."
The only exception to the law is if an individual proprietor has an office with no employee other than themselves, the law does not apply, he said.
Another issue has arisen in the wake of the new law: electronic cigarettes, explained by the state as follows:
"E-cigarettes (or electronic cigarettes) are battery-powered devices that provide inhaled doses of nicotine by way of a vaporized solution.
"Current legal analysis concludes that because e-cigarettes do not contain tobacco, they are not covered under Michigan's Smoke-Free Air Law, which took effect May 1, 2010."
Although e-cigarettes are not covered under Michigan's smoke-free air law, businesses may set their own policy banning the use of e-cigarettes in their establishment.
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Because of unresolved health issues with the e-cigarettes, the state health department encourages businesses to consider adopting such a policy.
"Businesses should be aware that e-cigarettes closely resemble real cigarettes. Therefore, it is possible that from a distance an individual may think that a person using an e-cigarette is smoking a real cigarette, which could trigger a complaint against a business related to the smoke-free air law.
"The e-cigarette is not a proven safe alternative to smoking and we discourage its use both for the user's safety and the safety of the people in the same room.
"The Food and Drug Administration (FDA) has determined that e-cigarettes meet the definition of a combination drug device product and therefore should be regulated by the FDA. Currently e-cigarettes are not approved by the FDA.
"The FDA has concluded that e-cigarettes pose acute health risks and contain detectable levels of carcinogens and toxic chemicals. The carcinogenic substances diethylene glycol and nitrosamines have been found in FDA tested samples, as well as other tobacco-specific impurities that may be harmful to humans.
"The vapor emitted into a room, either from exhalation or the vapor emitted from the e-cigarette itself, may not be safe. E-cigarettes contain varying levels of nicotine, a toxic substance known to contribute to heart disease and heart attacks."
The FDA recently won a case in the U.S. Court of Appeals that bans the import of e-cigarettes. Several states and localities in the U.S. have already banned the use of e-cigarettes in non-smoking areas, and at least two attorneys general have filed suits to stop their sale until an industry legal challenge to the FDA is resolved. Several other countries have already banned the sale of e-cigarettes.
There are proven safe and effective nicotine replacement medications available over-the-counter at pharmacies including patches, gum, lozenges -- oral inhalers and nasal sprays can be obtained with a prescription. Nicotine replacement patches, gum and lozenges are also available free to uninsured and county health plan clients through the Michigan Tobacco Quit Line (1-800-QUIT-NOW).
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