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Is Minnesota's smoke-free law working? First health study of hospitality workers released.
MDH brings curtain down on "smoking plays" in bars
What is Citizens for a Smoke-free Goodhue County?
What is the Freedom to Breathe Act?
Where is smoking prohibited? Where is smoking still allowed?
How is Minnesota's smoke-free law enforced in Goodhue County?
What are the responsibilities of proprietors?
Read our newsletter Smoke-Free News
Is Minnesota's smoke-free law working?
The results of the first medical study to measure the health impact of the new law were released in March 2008. This study was a joint project of the University of Minnesota Cancer Center and ClearWay Minnesota. The participants were all nonsmokers who work in bars, restaurants or bowling alleys where people used to smoke. To be eligible for the study, the participants could not live with a smoker or be exposed to secondhand smoke anywhere but at work.
The study measured the levels of tobacco-specific substances in the workers’ bodies. Urine samples were tested prior to the new law’s implementation on October 1, 2007, and again four to six weeks after the smoke-free law took effect.
When nonsmokers breathe tobacco smoke, their bodies absorb nicotine. Most of the nicotine breaks down into a chemical called cotinine. The results of the study show that levels of cotinine decreased by 83 percent after the participants’ workplaces became smoke-free. Another significant finding is that levels of NNAL, a byproduct of a lung cancer-causing toxin found in tobacco smoke, decreased by 85 percent.
The study concludes that Minnesota’s smoke-free law has had a significant impact in reducing exposure and absorption of cancer causing chemicals and nicotine in hospitality workers.
Read the full report.
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MDH brings curtain down on "smoking plays" in bars
People who are at work, or visiting a public place, should not have to put their health at risk breathing the toxic chemicals in tobacco smoke. Recently in Minnesota, there has been an unfortunate attempt to bring smoking back to bars by staging sham “theatrical productions”.
The Minnesota Clean Indoor Air Act permits smoking by actors as part of a theatrical performance. Theater patrons must be given advance warning that smoking will take place on stage. The warning must be repeated in the programs handed out at the performance. This exception was requested by the Guthrie Theater and approved by the House and Senate. It seemed clear at the time that the intent of the legislature was that this exception should only apply to a limited amount of smoking by an actor as part of a performance in a bona fide theatrical production.
A small number of bars scattered across the state have deliberately misused this exception to try and justify smoking in their businesses. Here is how it works. The bar sells a button to each customer that says “Act Now”. This button is supposed to make the wearer part of the “cast” in a “play” where every character smokes. A few bars made these “performances” a daily event - all day, every day.
The Minnesota Department of Health (MDH) did the proper thing by consulting with its legal counsel, the Attorney General’s Office, before reacting to this clear provocation. By taking this one section of the law completely out of context, the bar owners created a great deal of public confusion on this issue.
The legal consultation process took several weeks, but on March 5, 2008, MDH issued a press release that made it clear that these “smoking plays” in bars are not legitimate theatrical productions and that smoking is not permitted in bars under any pretext. MDH also mailed a warning letter to all licensed establishments in the state to make it clear that they meant business. A bar that continues this sham may be assessed civil administrative penalties up to $10,000. The bar may also have its liquor and food license suspended or revoked. Most of these bar owners took the message to heart and swiftly brought the curtain down for the final time.
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What is Citizens for a Smoke-free Goodhue County?
Citizens for a Smoke-free Goodhue County is a group of concerned citizens from all parts of our county who believe that everyone deserves smoke-free air at work. This is an important public health issue that we all should be aware of.
We are strong supporters of the Freedom to Breathe Act. We are working closely with Goodhue County Public Health Service to help implement the new law in our county.
What is the Freedom to Breathe Act?
The Freedom to Breathe Act is the popular name for a comprehensive amendment to the Minnesota Clean Indoor Air Act. Smoking is now prohibited in virtually all indoor workplaces and public places in Minnesota.
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Where is smoking prohibited? Where is smoking still allowed?
Smoking is prohibited in all places of employment where two or more people work, or volunteer to do what is normally paid work. Smoking is also prohibited in public places, on public transportation and at public meetings.
Indoor smoking is prohibited in:
- Bars and restaurants
- Private clubs ( Elks, VFW, American Legion, etc.)
- Offices, stores and factories
- Public transportation (including taxis)
- Vehicles used for work (if more than one person is present)
- Home offices (with one or more on-site employees, or if used as a place to meet or deal with customers).
Indoor smoking is still allowed in:
- Private homes and vehicles (not in use as a place of employment)
- Hotel and motel guest rooms (if the hotel or motel permits smoking in designated guest rooms)
- Tobacco shops (only to sample tobacco products)
- Buildings on family farms (with no more than two non-family employees)
- Cabs of heavy commercial vehicles over 26,000 pounds
- Certain psychiatric settings and scientific studies
- Separately ventilated smoking rooms in nursing homes (adult residents are the only ones permitted to smoke)
- Cabs of farm vehicles and construction equipment
- Theatrical performances (by actors only as part of a performance)
- Traditional Native American ceremonies
- The disabled veterans rest camp in Washington County.
Learn more:
Link to Minnesota Department of Health Freedom to Breathe page.
You can also visit www.freshairmn.org to learn more about the law, access resources to help your workplace go smoke-free, order free materials and learn about quit-smoking services available to all Minnesotans.
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Does our state law cover smoking outdoors?
Our smoke-free law, the Minnesota Clean Indoor Air Act only regulates indoor smoking. It does not regulate smoking outdoors. Smoking that takes place outdoors is legal under our state law, even if the smoke drifts into a building.
Local governments retain the power to adopt stronger smoking laws. Currently there are no city or county smoking ordinances in Goodhue County.
Business owners can establish a smoking policy for outdoor areas of their property. They can prohibit smoking on their property or limit smoking to designated outdoor places.
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How is Minnesota's smoke-free law enforced in Goodhue County?
A violation of the new law is a petty misdemeanor with a fine of up to $300. The Minnesota Department of Health (MDH) may levy administrative penalties up to $10,000 per violation against businesses that violate the law. A bar or restaurant that violates the law may have its license suspended or revoked.
Goodhue County Public Health Service is responsible for enforcement of the new law in Goodhue County. To report a violation call Goodhue County Public Health Service (651) 385-6100 or (800) 950-2142.
What are the responsibilities of proprietors?
Businesses must post “no smoking” signs at all entrances. Businesses must not provide smoking equipment such as ash trays or matches in indoor areas.
Proprietors must ask a person smoking in a prohibited area to stop smoking. If the person refuses to stop smoking, the proprietor must ask the person to leave. If the person refuses to leave the business, the proprietor should resolve the situation by calling local law enforcement for assistance with a disorderly person who is trespassing.
If a business is a bar or restaurant, the law prohibits serving food or beverages to a person who is smoking indoors in violation of the law.
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