The status of local smoking regulations in North Carolina following a state preemption bill
E. Conlisk, M. Siegel, E. Lengerich, W. Mac Kenzie, S. Malek and M. Eriksen
North Carolina Department of Environment, Health, and Natural Resources, Division of Adult Health Promotion, Raleigh 27611-7687.
OBJECTIVE. To determine the number and protectiveness of local smoking
regulations adopted before the implementation of a preemptive statewide
smoking control bill. METHOD. Review of local smoking control regulations
from all 100 counties and 85 municipalities with populations greater than
5000 in North Carolina. MAIN OUTCOME MEASURES. Adoption of local smoking
control regulations before and during the 3-month delay in enactment of the
preemptive bill. Protectiveness of regulations was based on restrictions on
smoking and requirements for separate ventilation systems at private work
sites: none (smoking unrestricted); minimal (smoking restricted to
designated areas); partial (smoking restricted to designated areas served
by separate ventilation systems); and complete (smoking prohibited).
Because some regulations would be phased in gradually over the next 5
years, we evaluated the requirements that will be in effect by January 1,
2000. RESULTS. Between July 15 and October 15, 1993, the number of local
smoking regulations in North Carolina increased from 16 to 105. By the year
2000, 59% of private employees still will not be guaranteed any protection
from work site environmental tobacco smoke; 19% will have minimal
protection, 22% will have partial protection, and none will have complete
protection. CONCLUSIONS. The 3-month delay in preemption created an
unnatural time frame for communities to organize, debate, and adopt smoking
restrictions. Despite the adoption of 89 new regulations, no private
employees will be guaranteed complete protection from work site
environmental tobacco smoke by the year 2000; new regulations can no longer
be adopted. HB 957 has been a setback for public health in North Carolina.
