Annals of Health Law
HOW TO REGULATE TOXIC FOODS
of Alcohol, Tobacco, Firearms, and Explosives (ATF) is charged with
fighting illegal tobacco sales, 152 and the Department of Agriculture
regulates tobacco farming. 153 Therefore, the research and education efforts
explicitly set forth in the Cigarette Labeling Act should not be
overlooked. 154
B. State and Local
In addition to federal laws governing tobacco use, state and local
regulations impose wide-ranging restrictions. For example, like the
Tobacco Control Act, states have traditionally required purchasers to be at
least eighteen years of age, 155 with some states and localities mandating a
nineteen year age minimum. 156 States have also imposed their own
cigarette taxes. 157 In addition, since the 1970s many states and
municipalities have restricted the physical locations where smoking is
permitted in an effort to address second-hand smoke exposure. 158 Many
municipalities do not permit smoking in restaurants, bars or workplaces.159
Others have gone further, banning smoking in some outdoor spaces. San
Luis Opisbo, California, for example, banned smoking in some county
parks and parking lots located near county-owned property. 160 New York
City also implemented a smoking ban in public parks and beaches. 161
152. Alcohol & Tobacco Diversion/Smuggling, BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES, http://www.atf.gov/alcohol-tobacco/.
153. Farm Service Agency, USDA, www.fsa.usda.gov.
154. Smoking, research, education and information, 15 U.S. C. §1341 (2007).
155. See e.g., Ind. C.L. § 35-46- 1-10. 2; TEX. HEALTH & SAFETY CODE § 161.082; Wash.
Rev. Code § 70. 155.080.
156. CTRS. FOR DISEASE CONTROL, State Laws on Tobacco Control – United States,
1998, http://www.cdc.gov/mmwr/preview/mmwrhtml/ss4803a2.htm (Alabama, Alaska and
Utah).
157. For an account of state taxing provisions, among others, see AMERICAN LUNG
ASSOCIATION, STATE OF TOBACCO CONTROL, available at http://
www.stateoftobaccocontrol.org/SOTC_2012.pdf. (last visited Jan. 7, 2013).
158. Id.
159. See, e.g., NYC Smoke Free Air Act of 2002, N. Y. C. Admin. Code § 17-502. This
statute, which banned smoking in most restaurants and bars, was later amended to add
hospitals and the grounds immediately outside hospital buildings. See also AMERICAN NON-
SMOKERS’ RIGHTS FOUND., http://www.no-smoke.org/pdf/mediaordlist.pdf. (“Across the
United States, 22,434 municipalities, representing 81.1% of the US population, are covered
by a 100% smokefree provision in non-hospitality workplaces, and/or restaurants, and/or
bars, by either a state, commonwealth, territorial, or local law.”).
160. Bob Cuddy, Supervisors Narrowly Ban Smoking at San Luis Obispo County Parks,
THE TRIBUNE, July 17, 2012, available at http://www.sanluisobispo.com/2012/07/17/
2146263/ supervisors-narrowly-ban-smoking.html#storylink=mirelated.
161. Atlanta recently imposed a ban on public parks with $1,000 fine and up to six
months in jail or community service for violators. Robbie Brown, In the Tobacco-Rich
South, New Limits on Smoking, N.Y. TIMES, Jul 21, 2012, at A14. Sometimes, preemption
