New Law to Protect North Carolinians from Secondhand Smoke

On January 2, 2010, a new law went into effect that places North Carolina in the national spotlight regarding protecting people from exposure to secondhand smoke. This law eliminates smoking in most restaurants and bars across the state. It also increases local governments’ authority to further regulate smoking in public places within their own communities, a repeal of past preemptive restrictions that have been in place since the early 1990s.

This new law expands on previous smoke-free laws, and builds upon the local authority established in prior bills. North Carolina has passed legislation in recent years making all public school districts tobacco-free, eliminating smoking in state government buildings and vehicles, and authorizing local governments to pass their own regulations for government buildings and vehicles. The new law now addresses public places and worksites by eliminating smoking in restaurants and bars.

Under the new law, smoking is no longer permitted in most restaurants, bars and lodging establishments that prepare and serve food and drink. If a business is required to comply with the state’s public health laws governing sanitation in food establishments, it must also comply with the new smoke-free air laws. There are only three exceptions to these locations: smoking guest rooms in lodging establishments (up to 20% may be designated as smoking), cigar bars, and private clubs (see chart for detailed description).

In addition to the more than 20,000 locations across North Carolina that are now smoke-free as a result of this new law, House Bill 2 also expanded local government authority to further regulate smoking in public places. Local governments may now regulate in the following areas:

• Unenclosed areas: any property or grounds owned, leased, or occupied by local government, including municipal parks.
• Public Places: an enclosed area to which the public is invited or in which the public is permitted (“enclosed” is defined as an area with a roof and more than 2 walls).

Representative Hugh Holliman of Davidson County, a longtime champion of efforts to eliminate public exposure to secondhand smoke, introduced House Bill 2, entitled “An Act to Prohibit Smoking in Certain Public Places and Certain Places of Employment,” early in the legislative session. Supporters from across the state attended committee meetings and followed the bill’s progress closely as it was debated in the House and Senate. It was ratified May 14, 2009 and signed by Governor Beverly Perdue on May 19. Mecklenburg County Health Director Dr. E. Winters Mabry welcomed the new law and hopes that county residents will respect it.

“The effects of secondhand smoke are well documented,” Dr. Mabry said. “It causes lung cancer, heart disease, serious respiratory illnesses such as bronchitis and asthma, low birth weight and sudden infant death syndrome. Our legislators need to be applauded for this big move in protecting the people as secondhand smoke is a public health issue.”

Smoke Free Mecklenburg, a local grassroots coalition of health care professionals, advocacy groups and individuals, worked diligently to promote the bill to the Mecklenburg County delegation, meeting with members and encouraging Mecklenburg municipalities to speak out in support of the legislation, especially for the restoration of local control to counties, cities and towns.

Grants have been awarded from the Americans for Nonsmokers’ Rights to create educational and promotional materials to be distributed to business owners affected by the new law, to ensure knowledge and compliance statewide.

Information about the new law can be found at:
www.SmokeFree.NC.gov or by calling the N.C. Care-Line 1-800-662-7030 (English/Spanish) or 1-877-452-2514 (TTY).