Kaine seeks smoking ban, again

Gov. Tim Kaine continues his assault on the tobacco industry; this week, it’s seeking a smoking ban – again:

GOVERNOR KAINE ANNOUNCES RESTAURANT SMOKING BAN LEGISLATION

~ Seeks General Assembly approval for the second straight year ~

RICHMOND – Governor Timothy M. Kaine today proposed legislation for a statewide ban on smoking in restaurants, including dining establishments in public and private clubs. The legislation also clarifies the definition of a restaurant for purposes of the smoking ban. This is the second year in a row that the Governor has introduced this legislation.

Standing with General Assembly members Senator Mary Margaret Whipple and Delegates David Englin, Robert Brink, Adam Ebbin and Albert Eisenberg and local officials and public health advocates at the Liberty Tavern, a smoke-free establishment in Arlington, the Governor noted the public health risks of secondhand smoke.

“The scientific evidence about the health risks associated with exposure to secondhand smoke remains clear and convincing,” Governor Kaine said. “I am compelled by concern for the health and wellbeing of all Virginians, as well as recognition of the high public costs of secondhand smoke, to once again ask the members of the General Assembly to approve this necessary and reasonable legislation.”

The Virginia Department of Health estimates that secondhand smoke is responsible for 1,700 deaths per year. The Campaign for Tobacco Free Kids estimates that the Commonwealth spends $113 million a year on health care expenditures related to secondhand smoke exposure.

The proposed legislation changes the definition of a restaurant to any food establishment – including dining establishments of public and private clubs – where food is available for sale and consumption by the public and includes the areas of a restaurant where food is prepared, served or consumed. The proposal excludes exterior dining areas of food establishments from the ban, unless the exterior area can be enclosed.

The recommendation for this definition was provided by the Department of Health, who held several public input sessions with interested groups and citizens on constructing the definition for purposes of a smoking ban. The Medical Society of Virginia, the Virginia Chapters of the American Heart Association, the American Lung Association of Virginia, the Cancer Society, March of Dimes, and American Academy of Pediatrics participated in the process.

“The U.S. Surgeon General has definitively stated that there is no risk-free level of exposure to secondhand smoke,” said Cathleen Smith Grzesiek, Director of Government Relations for the American Heart Association. “No one should have to risk their health to earn a paycheck, and legislation making all Virginia restaurants smoke-free is an important step to ensuring all Virginia workers have the right to breathe clean, smoke-free air. Governor Kaine’s continued leadership on this public heath issue is commendable.”

Restaurant employees face major health risks when exposed to secondhand smoke at work. According to the American Lung Association, levels of secondhand smoke in restaurants and bars were found to be 2-to-5-times higher than in residences with smokers and 2-to-6-times higher than in office workplaces. Additionally, the Journal of Occupational and Environmental Medicine reports that food service workers have a 50 percent greater risk of dying from lung cancer than the general population, in part, because of secondhand smoke exposure in the workplace.

Numerous studies have found that smoking and exposure to secondhand smoke among pregnant women is a major cause of miscarriages, stillbirths, and sudden infant death syndrome. Fetal exposure to secondhand smoke also increases the risk for low birth weight and may even increase the risk of a child developing diabetes and obesity later in life. Non-smokers who are exposed to secondhand smoke have a 25 percent to 30 percent greater risk of having an acute coronary heart disease event and a 20 percent to 30 percent greater risk for getting lung cancer. Secondhand smoke has a statistically significant effect on the respiratory health of non-smoking adults.

Senator Ralph Northam will again patron the Governor’s legislation. “I am excited to be the patron of this bill and hope that we can work together to get this important law passed. During my years as a pediatric neurologist, I have seen first hand the effects that secondhand smoke can have on children. This legislation is an important public health measure,” Senator Northam said.

In October 2006, Governor Kaine signed Executive Order 41 banning smoking in all state buildings and vehicles in order to improve the health of Virginia’s employees and minimize health risks in the work place.

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