ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D2
Prepared by: John Conley, City Manager Meeting Date: August 22, 2023 Approved by: John Conley, City Manager Agenda Location: Discussion SUBJECT: TOBACCO PRODUCT WASTE REDUCTION
RECOMMENDATION: Discuss tobacco product waste reduction efforts and provide direction to staff.
CORRELATION TO CITY COUNCIL GOALS: A Cleaner Vista
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: Councilmember Melendez requested the City Manager place a discussion item on an upcoming agenda to discuss tobacco product waste reduction efforts within the City.
FISCAL IMPACT: There are no direct fiscal impacts associated with the staff recommendation.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Discussed tobacco product waste reduction efforts and provided direction to staff to explore options for tobacco waste receptacles, signage, enforcement, and cost recovery.
Vote: 5-0
ADD TO PACKET
From: Joe Green
To: John Conlev; Kathy Valdez; Walter C. Chung; Imelda Huerta Subject: TOBACCO DISCUSSION D2 08/22/2023 ADD TO PACKET Date: Monday, August 21, 2023 4:11:32 PM
Attachments: ADD TO PACKET D2 TOBACCO .odf
I wanted to make sure we get this PDF officially added to packet and sent to my council members. I brought this forward years ago without council support but if we are gonna make receptacles for the city i feel they should be fun and motivate people to use them WHILE getting free data for the city -favorite moonlight plays, restaurants, city events, etc.. any questions can be asked of the smoker community.please add so when i speak about it i can show council on screen or perhaps katie can add to her slide show..
Joe Green
Broker/Owner
WCFRE Inc.
Senior Loan Officer
City Of Vista
Council Member District 2
Cell:76o-815-4872
efax:866-482-4767
BRE#01229613
NMLS#369995
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Fm : Paer Kuchinsky
To: Public C mm N
subject Prcpa To Wmte aML rSoluoom
Date: Tuesday, August 22, 2023 7:20:52 M1
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I regularly volunteer to pick up trash. Cigarette waste is always the most common item found. Some ideas to consider...
1. As part of the business licensing and conditional use permits, require businesses to regularly pick up litter from their parking lots, sidewalk areas, entrances, and landscaped areas, including cigarette litter.
2. Education —Increase education to smokers & nonsmokers about the need to dispose of waste properly. Studies show that smoking -related litter can be decreased by 50 percent or more through educational campaigns. Signs, messages printed on packaging, personal messages to smokers, and presentations about the harmful impacts of cigarette litter will decrease some littering behavior. However, like any public education campaign, the educational message must be continual. A one-time educational effort will not result in long-term changes in behavior. If smokers and nonsmokers knew that cigarette butts contain toxins, and they cost us millions of dollars in fire -fighting and cleanup, we as a society would not tolerate this littering behavior.
3. Have a "no smoking" policy or allow smoking only in designated areas. Pass ordinances that restrict smoking in public areas, parks, open-air malls, and city owned sites to concentrate cigarette butt litter by requiring smokers to use only designated areas. These areas should have ash receptacles, lighting, seating, and be convenient. Often the use of these designated smoking areas are promoted for public health reasons (secondhand smoke) and fire prevention, as well as a litter -control mechanism.
4. Provide ash receptacles at all entry/exit points of public buildings, at bus stops, and other areas where people frequently need to discard their cigarettes. According to Keep America Beautiful, which has conducted scientific studies on cigarette littering behavior, these 'Transition Points" are the places smokers need to discard their cigarettes before entering buildings or getting on a bus. Once installed, these receptacles need to be monitored and maintained regularly. Once smokers become accustomed to using these receptacles you may need to add more to keep up with the cigarette waste being properly discarded. Studies show that more ashtrays reduce litter.
6. Enforce existing litter laws - Cigarette butts are litter, yet rarely do smokers get ticketed for littering. The law enforcement solution to litter is difficult, however, as many taxpayers would like to see law enforcement personnel spend their time on more meaningful work.
7. Litter Abatement Fee - San Francisco has calculated that more than half the litter
cleaned up from its streets is from tobacco products, including butts and packaging.
The city now charges a 60 cent fee on packs of cigarettes to cover clean-up costs and was the first city, back in 2009, to assess a cigarette litter abatement fee. This fee could be used to pay for some of the suggestions above.
Fmm:
Whelle Chvhe¢#v
To:
Public Comments
subject
Agenda #9
Date:
Malay, AuguR 21, 20239:32:19 PM
Smoking hurts everyone's health. Please direct staff to write ordinances to ban public smoking like the City of Encinitas and to also ban smoking and vaping in multi- family housing. Please protect kids health and get smoking out of Vista!
From:Lydia Greiner
To:Public Comments
Cc:Georg Matt
Subject:Item D2 Tobacco Product Waste Reduction
Date:Tuesday, August 22, 2023 1:29:54 PM
Attachments:image.png
image.png
Vista City Council Draft Public Comment D2_082202023.docx Good evening Mayor Franklin and Councilmembers,
Thank you for bringing this topic forward. We are Dr. Lydia Greiner and Dr. Georg Matt, and we offer these comments on behalf of San Diego State University’s Center for Tobacco and the Environment. The Center is an interdisciplinary group of researchers who study the toxic legacy of tobacco in indoor and outdoor environments. We serve as the Co-Directors of the Center.
There is growing awareness about the impact of tobacco product waste in outdoor environments, as evidenced by Item D2: Tobacco Product Waste Reduction for discussion on the Vista City Council agenda tonight.
We know that cigarette butts are the most commonly littered item worldwide, with more than 4.5 trillion littered each year, but cigarettes butts are not the only form of tobacco product waste. Litter from tobacco products includes electronic smoking/vaping devices, and cannabis. All of these products create large amounts of hazardous waste in the environment, including biohazards and electronic hazards such as plastic filters, unsmoked and charred tobacco and cannabis, batteries, electronic components, pods, cartridges, and parts of vape pens, as well as packaging.
Discarded by most users on streets, parking lots, and neighborhood parks, this waste ends up in landfills or flows into storm drains, and eventually reaches rivers, lakes, marshes, and beaches. Studies have shown that harmful chemicals leach from discarded cigarette butts, batteries, and vape pods into soil and the aquatic environment and may enter the human food chain. Cigarette filters are made of cellulose acetate, a type of plastic that breaks down into microplastics and ultimately enters the human food chain. Cleanup costs associated with tobacco product waste are borne by local communities, taxpayers, and voluntary groups. But cleanup efforts provide only a temporary remedy and more effective strategies are needed to prevent the accumulation of this toxic waste.
For the past three years, we have collaborated with community organizations and elected officials from eight San Diego County cities to conduct a research project named the Tobacco Product Waste Reduction Project. Funded by the State of CA, the purpose of this project is to (1) investigate the distribution of tobacco product waste in eight San Diego County cities; (2) identify factors that influence that distribution; and (3) share information with communities to inform strategies to address this problem.
Vista is one of the eight cities in this project. In each city, we have photographed,
ADD TO PACKET
D2
collected, mapped, and categorized the types of waste from tobacco products, including conventional tobacco cigarettes, electronic smoking/vaping devices, and cannabis, on selected census blocks. Across these eight cities, we studied sidewalks, gutters, and curb strips on the perimeter of 60 census blocks, and other public areas within each census block (e.g., parking lots in retail areas). We collected data at two points in time so that we could examine how quickly the tobacco product waste reaccumulates.
In all eight cities, we collected 58,839 pieces of tobacco product waste. Cigarette butts (which are composed of a paper wrapper, fibrous plastic filter, unsmoked tobacco, and chemicals) were the most frequently found type of waste (94% of all waste found), which is consistent with cigarette butts being the most commonly littered item worldwide. We also found e-cigarette waste (e.g., batteries, electronic components, pods, cartridges, and parts of vape pens), cannabis waste (e.g., butts, vapes), and packaging and advertising of all types. We attach an example of maps from one block as illustration.
The number and types of products we collected in Vista are shown on Table 1 below.
Our initial analyses show that:
· there is no census block, no neighborhood, no sidewalk, and no park that issafe from tobacco product waste; · once picked up it just take a few weeks or months for the tobacco producewaste to reaccumulate; · cleanups provide temporary relief but are not a sustainable solution; · other options need to be considered to mitigate the impact on tobaccoproduct waste. They include public awareness, extended producerresponsibility (similar to motor oil, paint, etc.), upstream solutions (e.g., filter bans), labeling of cigarette packages, deposit/return schemes, and litter fees.
Over the coming months, we will be co-hosting community discussions where we willpresent the results and discuss upstream solutions to the problem of tobacco productwaste. Additional information is available at cte.sdsu.org or via e-mail [email protected] Table 1: Number and type of tobacco product waste collected in Vista, CA in tworounds of data collection Total Count Butts Other tobacco-
related litter
Cannabis Vapes*Dual*
1814 1510 9 3 1 86
*Other tobacco-related litter=tobacco products other than cigarette butts, including cigars, smokeless tobacco, packaging; Vapes=any component parts of e-cigarettes or vapes; Dual=items that can be used for any type of smoked product such as lighters, matches, rolling papers.
Round One
Round One
Round 2
Key: Purple=cigarette butts; Red=other tobacco related litter; green=cannabis; blue-e-cigarettes/vapes; grey=dual use
Key: Purple=cigarette butts; Red=other tobacco related litter; green=cannabis; blue-e-cigarettes/vapes;grey=dual use For your convenience, I also have attached this text and images as a word doc.
Best,
Lydia
Lydia Greiner, DrPH, APRN
Coordinator
Thirdhand Smoke Resource Center
San Diego State University
9245 Sky Park Court #240
San Diego, CA 92123
www.thirdhandsmoke.org
August 20,2023
RE:Support Tobacco Product Waste Reduction
CleanEarth4Kids.org supports the reduction of smoking waste and asks the City of Vista to take action to stop smoking in the city.
The use of tobacco,1 marijuana,2 and vapes/e-cigarettes is proven to be har mful to human health.3 Smoking hurts the smoker and everyone around them.
Smoking also produces a massive amount of waste.
Smoking Waste
Cigarette butts are the #1 most littered item4 on Earth (4.5 TRILLION a year)5 and #1 in Califor nia as well.6 Butts are a major source of plastic pollution,each made of 15,000 strands of microplastic and are filled with toxic chemicals like arsenic and lead which get into our water and environment.7,8 Additionally,tobacco product packaging adds 2 million tons of waste every year.9 In the US,5 vapes/e-cigarettes are thrown away every second,150 million every year,and each one is e-waste (metal,plastic,circuitry,batteries)along with toxic chemicals.10 Take Action
CleanEarth4Kids.org asks the City of Vista to consider the following actions to protect our air and children’s health:
1.Pass an ordinance to stop all smoking and vaping in multi-unit housing which has already been done by almost 80 cities and counties in California.11 a.1 in 3 non-smokers and 2 in 5 children are exposed to secondhand smoke in multi-unit housing.12
2.Implement a public smoking ban like the City of Encinitas.13 13 https://www.encinitasca.gov/government/departments/development-services/smoking-ordinance 12 https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/SecondhandSmokeInMulti-unitHousingFactSheet.pdf 11 http://no-smoke.org/wp-content/uploads/pdf/smokefreemuh.pdf 10 https://www.thebureauinvestigates.com/disposable-vapes-flood-us-market 9 https://www.cdc.gov/globalhealth/infographics/tobacco/tobacco-lifecycle.html 8 https://pubmed.ncbi.nlm.nih.gov/26668440/
7 https://pubmed.ncbi.nlm.nih.gov/33360456/
6 https://uhs.berkeley.edu/tobaccofacts
5 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4129234/ 4 https://oceanconservancy.org/wp-content/uploads/2021/09/2020-ICC-Report_Web_FINAL-0909.pdf 3 https://my.clevelandclinic.org/health/articles/21162-vaping 2 https://www.samhsa.gov/marijuana
1 https://www.cdc.gov/tobacco/basic_information/health_effects/index.htm 1 3.Pass an ordinance to stop all sales of smoking products,including tobacco, cannabis,cigars,e-cigarettes and vapes.The cities of Beverly Hills and Manhattan Beach have banned the sale of tobacco,e-cigarettes,vaping devices and cannabis.14,15
a.An alter native is a Tobacco Free Generation (TFG)ordinance like Brookline,MA where anyone bor n after January 1,2000 will never be able to legally buy tobacco or vaping products.16,17
4.Ban the sale of all flavored smoking products including tobacco,cannabis, cigars,e-cigarettes and vapes.18
Smoking And Vaping Tobacco Products Harm Kids
Tobacco use during childhood and adolescence causes significant health problems19 such as respiratory diseases and cancer,20 memory and cognitive issues,21 and various heart diseases.22 Smoking also harms brain development.23 Nicotine har ms hippocampus-dependent memory with varying degrees of impairment to both short-ter m and long-ter m memory after just four weeks of use.24,25 Flavored Tobacco Addict Youth
Flavors are used by the tobacco industry to hook youth and create lifelong customers.26 Flavored tobacco plays a significant role in luring people under the age of 21 to use tobacco products.27 Youth use flavored tobacco products more often than others,and the use of flavored tobacco increases the likelihood of smoking.28 The impact of tobacco use on development has been extensively researched,and the evidence is clear:tobacco smoke poses a significant threat to the health and well-being of young people and adults.29
According to the FDA,reducing the availability of flavored tobacco products can significantly reduce the amount of disease,like respiratory illness and death from tobacco product use among young people.30
30 https://dailynews.ascopubs.org/do/ban-menthol-cigarettes-and-flavored-cigars-poised-reduce-inequity-cancer 29 https://www.ncbi.nlm.nih.gov/books/NBK99242/
28 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco 27 https://ash.org/flavored-tobacco-products-entice-youth 26 https://stopswithme.com/big-tobacco-targets-our -kids 25 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9270881/ 24 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6018186/#:~:text=Nicotine%20exposure 23 https://e-cigarettes.surgeongeneral.gov/knowtherisks.html#:~:text= 22 https://www.cdc.gov/tobacco/sgr/50th-anniversary/pdfs/fs_smoking_cvd_508.pdf 21 https://www.webmd.com/brain/news/20221222/study-links-smoking-to-memory-loss-cognitive-decline 20 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm 19 https://www.lung.org/quit-smoking/smoking-facts/tobacco-use-among-children 18 https://assets.tobaccofreekids.org/factsheets/0398.pdf 17 https://www.publichealthlawcenter.org/webinar/tobacco-free-generation-brooklines-model-ending-tobacco-us 16 https://www.phaionline.org/projects/tobacco-control/innovative-tobacco-control/tobacco-free-generation/ 15 https://www.manhattanbeach.gov/environmental-sustainability/breathe-free-mb-smoke-free-public-areas 14 http://www.beverlyhills.org/citymanager/smokinginformation/currentsmokingregulations/ 2 Studies show that most Americans strongly distrust traditional tobacco products,but 70%view flavored tobacco products favorably.31 Before the invention of flavored tobacco products,smoking was on the decline amongst millennials and youth,but with dangerous,deceptive marketing of flavored cigarettes,smoking levels are rising amongst under 40-year -olds.32
Nicotine and Addiction
Nicotine is quickly absorbed and goes directly to your brain,making it easier to become addicted.33 The adolescent brain is sensitive to nicotine as it has not fully developed and smoking during adolescence increases the risk of psychiatric disorders and cognitive impair ment as adults.34
Nicotine is highly addictive,just 5 cigarettes/day can make someone addicted.35 It is just as addictive as cocaine or heroin.36 Smoking tobacco releases dopamine,37 a neurotransmitter that signals a pleasurable experience,which reinforces the ef fects of nicotine and increases the odds of addiction.38 Nicotine addiction is very difficult to stop,between 30%-50%of US smokers try to quit each year with only 7.5% succeeding.39
Addiction to nicotine has detrimental impacts on the brain and can also cause increased blood pressure,and heart rate,along with hardening of the arterial walls, leading to a heart attack.40,41
The Black Community Is Targeted By Predatory Big Tobacco Tobacco is the leading cause of preventable death and disease in the US with especially high rates in the African American community.42 Over 45,000 African Americans die prematurely every year from tobacco-caused diseases with an estimated 85%smoking menthol-flavored cigarettes.43 Less than 10%of Black smokers used menthol cigarettes in the 1950s.44 The Black community has been the focus of the tobacco industry's predatory marketing,especially in low-income areas.45 The use of menthol makes it easier to smoke because of its cooling ef fect,increasing 45 https://truthinitiative.org/research-resources/targeted-communities/why-tobacco-racial-justice-issue 44 https://www.tobaccofreekids.org/what-we-do/industry-watch/menthol-report 43 https://www.savingblacklives.org/_files/ugd/29e3b2_51eb6e3ea3284d40b1e9322915cf8b82.pdf 42 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts 41 https://www.heart.org/healthy-lifestyle/quit-smoking-tobacco/how-smoking-and-nicotine-damage-your -body 40 https://truthinitiative.org/research-resources/harmful-effects-tobacco/nicotine-and-young-brain 39 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2797599 38 https://nida.nih.gov/publications/drugs-brains-behavior -science-addiction/drugs-brain 37 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2946180 36 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4363846 35 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3419325/ 34 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3543069/ 33 https://teen.smokefree.gov/the-risks-of-tobacco/nicotine-addiction 32 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/adult_data/cig_smoking/index.htm 31 https://truthinitiative.org/research-resources/tobacco-industry-marketing/spinning-new-tobacco-industry 3 the intake of nicotine and toxic smoke while making it harder to quit smoking.46 First and Secondhand Smoke
Firsthand smoke is the smoke breathed by a smoker and increases the chance of many types of cancer,heart disease,stroke and lung diseases.47 Secondhand smoke is breathed in by those around smokers.48 Smoke inhalation harms health,including coronary heart disease,strokes,and lung cancer.49 Every year in Califor nia,secondhand smoke causes approximately 30,000 asthma attacks, 400 lung cancer deaths and over 3,600 cardiac deaths.50 In children,secondhand smoke can cause coughing,sore throats,ear infections,respiratory infections,and asthma attacks.51
Secondhand smoke is a toxic air contaminant causing cancer,lung infections, bronchitis,asthma attacks,ear infections,Sudden Infant Death Syndrome (SIDS) and many other health issues.52 Air purifiers do not get rid of secondhand smoke which can travel through doorways,cracks in walls and electrical/plumbing lines.53,54 There is NO safe level of exposure to secondhand smoke.55 According to the CDC,7 in 10 black children are exposed to secondhand smoke and the home is the main place where they are exposed.56
Secondhand smoke also exposes children to lead.57 Lead is a neurotoxin that accumulates over time.There is no safe level of exposure to lead according to the World Health Organization,58 Centers for Disease Control59 and the American Academy of Pediatrics.60
Lead is especially toxic to children and unborn babies.61 It damages kids'brains and nervous systems,lowers IQ,causes behavior problems and is linked to higher rates of suspension and detention along with lower reading and math test scores.62,63 Kids in families with one smoker had lead levels 14%higher than in non-smoking homes 63 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4387706/ 62 https://www.nber.org/papers/w23392
61 https://www.cdc.gov/nceh/lead/prevention/health-effects.htm 60 https://www.aap.org/en-us/advocacy-and-policy/aap-health-initiatives/lead-exposure/Pages/default.aspx 59 https://www.cdc.gov/nceh/lead/faqs/lead-faqs.htm
58 https://www.who.int/news-room/fact-sheets/detail/lead-poisoning-and-health 57 https://www.smokefreehousingny.org/secondhand-smoke-significant-source-of-lead-exposure-for -children/ 56 https://www.cdc.gov/vitalsigns/tobacco/index.html
55 https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/secondhand-smoke 54 https://www.epa.gov/iaq/what-can-i-do-about-secondhand-smoke-coming-my-neighbors-apartment 53 https://www.mayoclinic.org/healthy-lifestyle/adult-health/expert-answers/air -purifier -smoke/faq-20058555 52 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/health_effects/index.htm 51 https://kidshealth.org/en/parents/secondhand-smoke.html 50 https://cchealth.org/tobacco/facts.php#:~:text=Every%20year%20in%20California 49 https://www.cdc.gov/tobacco/secondhand-smoke/health.html#:~:text=In% 48 https://www.cancer.gov/publications/dictionaries/cancer -terms/def/secondhand-smoke 47 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm 46 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088444/ 4 and 24%higher with 2 or more smokers in the home.64
Thirdhand Smoke
Thirdhand smoke is the toxic residue from smoking that is left on sur faces and even in dust.65 The smoke residue can stick to fur niture,windows,walls,and floors,as well as skin,hair,and clothing.66 Only four weeks of exposure to thirdhand smoke is equivalent to smoke levels in the homes of smokers,making it just as har mful as firsthand and secondhand smoke.67
Thirdhand smoke has the same damaging effects such as a higher risk of developing lung cancer and asthma.68 It can also harm the liver,brain,immune system and reproductive system and cause type 2 diabetes.69,70 Children are especially susceptible to the health ef fects of thirdhand smoke as they crawl on the floor and put objects in their mouths.71
Thirdhand smoke has been found to persist in houses,apartments and hotel rooms after smokers move out.72 Handwashing only drops the toxin levels temporarily,they are back 40-60 minutes later.73 So even if someone doesn’t smoke around their kids, they are still exposing them to toxic chemicals.
Social Cost of Smoking
There is also a direct cost to society from smoking.According to the CDC,smoking cost the US over $600 billion in 2018 including more than $240 billion in healthcare, almost $185 billion in lost productivity and another $7 billion lost because of secondhand smoke.74
Smoke Harms Expecting Mothers and Children
Cigarette smoke contains more than 7,000 chemicals with at least 69 known to cause cancer including benzene and formaldehyde.75
Tobacco smoke also contains PM 2.5 which causes chronic lung diseases and many other harmful health effects.76,77
77 https://www.epa.gov/pm-pollution/health-and-environmental-effects-particulate-matter -pm 76 https://www.sciencedirect.com/science/article/pii/S0013935119307078 75 https://www.lung.org/quit-smoking/smoking-facts/whats-in-a-cigarette 74 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/cost-and-expenditures.html 73 https://www.safetyandhealthmagazine.com/researchers-find-nicotine-on-hands-of-kids-whose-parents-smoke 72 https://www.verywellhealth.com/what-is-third-hand-smoke-2248867 71 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3784302/ 70 https://thirdhandsmoke.org/what-does-thirdhand-smoke-exposure-do-to-our -bodies/ 69 https://www.sciencedaily.com/releases/2016/03/160302181717.htm 68 https://www.bannerhealth.com/the-dangers-of-thirdhand-smoke-to-you-and-your -children# 67 https://portlandpress.com/Biomarkers-of-disease-can-be-detected-in-mice-as 66 https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document 65 https://no-smoke.org/smokefree-threats/thirdhand-smoke/ 64 https://www.smokefreehousingny.org/secondhand-smoke-significant-source-of-lead-exposure-for -children/ 5 Childhood exposure to PM2.5 is linked to asthma,78 which is the leading cause of school absences79 and the third leading cause of hospitalizations among children under 15.80 Poor air quality increases the likelihood of asthma attacks,breathing dif ficulty,81 increased emergency room visits,82 and hospitalization.83 Air pollution can also inflame the brain,central nervous system,and hearts in children.84,85 As pregnant women inhale polluted air,pollutants travel to the tissues,brain,liver, lungs,and organs of the fetus.86,87 Black carbon can enter the placenta,circulation system,and the organs of the fetus via the mother’s blood.88,89 Exposure to air pollution during pregnancy and infancy90 is linked to increased rates of stillbirth,91 preterm birth,92 low birth weight,93 SIDS (Sudden Infant Death Syndrome),94 and decreased development of the brain,among other long-ter m severe ef fects.95
Exposure to air pollution,even at low levels during pregnancy and childhood significantly har ms children’s health.96
Air pollution har ms unbor n babies.97 Dr.Paul Fowler's extensive research,webinar, and presentation clearly show a 26%increase in stillbirths when air pollution is increased by just 10 μg/m3.98,99
99 https://www.healthandenvironment.org/assets/images/CHE%20Jan%202023%20Fowler.pdf 98 https://youtu.be/40Ga9_StJQ0
97 https://pubmed.ncbi.nlm.nih.gov/36208643/
96 https://www.lung.org/clean-air/outdoors/who-is-at-risk/children-and-air -pollution 95 https://www.washington.edu/news/2022/07/12/uw-link-between-air -pollution-and-child-brain-development 94 https://www.sciencedirect.com/science/article/abs/pii/S0045653520337139 93 https://pubmed.ncbi.nlm.nih.gov/22726801/
92 https://med.nyu.edu/pediatrics/divisions/environmental-pediatrics/air -pollution-preterm-births 91 https://www.sciencedirect.com/science/article/abs/pii/S0269749121003328 90 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2767260 89 https://pubmed.ncbi.nlm.nih.gov/36719212/
88 https://www.livescience.com/black-carbon-reaches-placenta.html 87 https://www.theguardian.com/toxic-air -pollution-particles-found-in-lungs-and-brains-of-unborn-babies 86 https://pubmed.ncbi.nlm.nih.gov/32556259/
85 https://pubmed.ncbi.nlm.nih.gov/35921508
84 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7352229 83 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6546668/ 82 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2801735?resultClick=3 81 https://resphealth.org/clean-air/understanding-air -pollution/ 80 https://www.epa.gov/children/childrens-environmental-health-facts 79 https://aafa.org/asthma/asthma-facts
78 https://www.sciencedirect.com/science/article/pii/S0160412022002240 6 City of Vista:Stop Smoking
Everyone is at risk from smoking,not just smokers.Smoking hurt themselves and everyone around them and the environment,including expecting mothers and children.Please take action to protect youth and their future and stop smoking and other sources of air pollution in Vista.
Thank you,
Suzanne Hume
Educational Director and Founder
[email protected]
(760)518-2776
CleanEarth4Kids.org
Additional Resources:
Please go to our Team 3:Smoking and Vaping Hurts Your Health page for more infor mation.100
1.Smoke-Free San Diego Resources 101
2.Implementing &Enforcing a Smokefree Multi-Unit Housing Ordinance 102
3.Secondhand Smoke in Multi-unit Housing 103
4.Thirdhand Smoke in Multi-unit Housing 104
5.US Laws for 100%Smokefree Multi-Unit Housing 105
6.Secondhand Marijuana Smoke Fact Sheet 106
7.Vaping:Deadly Products Target Kids 107
8.E-cigarette Use Exposes Teens to Toxic Chemicals 108
9.4 Marketing Tactics E-Cigarette Companies Use to Target Youth 109
10.How the Vaping Industry is Targeting Teens and Getting Away With It 110 110 https://www.theglobeandmail.com/canada/article-vaping-advertising-marketing-investigation/ 109 https://truthinitiative.org/tobacco-industry-marketing/4-marketing-tactics-e-cigarette-companies-use-target 108 https://psychiatry.ucsf.edu/news/e-cigarette-use-exposes-teens-toxic-chemicals 107 https://newsforkids.net/articles/2019/10/16/vaping-deadly-products-target-kids 106 https://no-smoke.org/secondhand-marijuana-smoke-fact-sheet/ 105 https://no-smoke.org/wp-content/uploads/pdf/smokefreemuh.pdf 104 https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/ThirdhandSmokeInMulti-unitHousingFactSheet.pdf 103 https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/SecondhandSmokeInMulti-unitHousingFactSheet.pdf 102 https://www.changelabsolutions.org/implementing-enforcing-smokefree-multi-unit-housing-ordinance 101 https://smokefreesandiego.org/
100 https://cleanearth4kids.org/nosmoking
7 PUBLIC HEALTH
LAW CENTER
at Mitchell Hamlin@ School of Law
/ t American
Lung Association.
California
// January 2021
IF Law and Policy Partnership to End the Commercial Tobacco Epidemic
SMOKE- AND TOBACCO -FREE
[Model Ordinance
�s This Smoke -
and Tobacco -Free
Outdoor Areas
Model Ordinance
was prepared for
California cities and
counties interested
in creating smoke -
free or tobacco -free
outdoor areas in their
jurisdiction.'
Over the last decade, many
California communities have
passed tobacco -free laws or regulations that
cover outdoor areas such as parks, recreational
facilities, beaches, outdoor workplaces,
restaurant and bar patios, transit waiting areas,
and public events such as county fairs and
farmers' markets. As of January 2019, more than
235 California cities and counties had adopted
outdoor secondhand smoke ordinances.Z
This 2020 model ordinance builds on a similar Smoke -Free Places ordinance developed by ChangeLab Solutions in 2013 and up- dated in 2018. The Public Health Law Center acknowledges the excellent work done by ChangeLab Solutions in creating the original ordinance, For more guidance on indoor areas, see our Model Smoke -Free Multi -Unit Housing Ordinance. 2 Tam D. Vuong et al., California Tobacco Facts and Figures, Cal. Dept Public Health (2019), https://www.cdph.ca.gov/Programs/CCD- PHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsandFigures2019.pdf. www.publichealthlawcenter.org/caltobacco
PUBLIC HEALTH American
LAW CENTER Lung Association.
N Mitchel HurOne lchaa of taw California January 2021
This model ordinance is based on an independent and objective analysis of the relevant law, evidence, and available data, as well as work done for the California Tobacco Control Program.
The model offers cities and counties several options to tailor the ordinance to meet local needs. Readers should consider all the evidence and decide for themselves which approach is appropriate for their smoke -free or tobacco -free outdoor area needs. This policy pairs well with our Smoke -Free Multiunit Housing Model Ordinance.
sv Policy Benefits
Public Health Impact. Tobacco use is the number one cause of preventable death in California.' Secondhand smoke has repeatedly been identified as a health hazard, and the U.S. Surgeon General has concluded that there is no risk -free level of exposure to secondhand smoke a 3 U.S, DEPOT OF HEALTH AND HUMAN SEWS., THE HEALTH CONSEQUENCES OF SMOKING: 50 YEARS OF PROGRESS, A REPORT OF THE SURGEON GENERAL (2014), https://www.ncbi,nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf . 4 U.S. DEPOT OF HEALTH AND HUMAN SERVS., THE HEALTH CONSEQUENCES OF INVOLUNTARY EXPOSURE TO TOBACCO SMOKE, A REPORT OF THE SURGEON GENERAL (2006), https://www.cdc.gov/tobacco/data_statistics/Sgr/2006/index.htm . //'
www.publichealthlawcenter.org/caltobacco Smoke- and Tobacco -Free Outdoor Areas
PUBLIC HEALTH American
LAW CENTER Lung Association.
at MIR hall H wn6nv 5 thaoi of Law Californ a January 2021 In 2006, the California Air Resources Board identified secondhand smoke as a toxic air contaminant, in the same category as the most toxic automotive and industrial air pollutants, and a serious health threat for which there is no safe level of exposures In its research, the Board monitored secondhand smoke concentrations at outdoor locations at an airport, a junior college campus, a public building, an office complex, and an amusement park. It found that when smokers were present, concentrations of secondhand smoke levels could be similar to those in indoor areas that allowed smoking.6
Many studies have also found that levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous, depending on direction and amount of wind, number and proximity of smokers, and enclosures such as walls or roofs.' For jurisdictions pursuing a tobacco -free policy, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease. This includes nicotine addiction, many types of cancers, and increased risk for heart disease and stroke.' Outdoor tobacco -free laws also help those who are trying to quit, by eliminating the sight and smell of tobacco use. As with all tobacco -free policies, these measures send a message to children and youth that tobacco use is not an acceptable behavior or a norm in the community.
E-cigarettes. As electronic smoking devices have proliferated and youth usage has soared, many localities have expanded or amended their outdoor clean air measures to prohibit the use of any tobacco product, including e-cigarettes. Electronic smoking device aerosol is not harmless water vapor. Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and thus likely poses a risk to human health 9 5 Cal, Envtl, Protection Agency, Frequently Asked Questions — Environmental Tobacco Smoke, https://ww2,arb.ca.gov/our- work/programs/environmental-tobacco-smoke-identified-toxic-a i r-contaminant. 6 Cal. Envtl. Protection Agency, Technical Support Document for the Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant, Part A: Exposure Assessment at V6-V19 (2003), https://ww2.arb.ca.gov/sites/default/files/ classic//toxics/id/summary/etspt_a.pdf.
7 See sources cited in attached Model Policy infra, nn.14-19. 8 See, e.g., INTERNATIONAL AGENCY FOR RESEARCH ON CANCER, WORLD HEALTH ORGANIZATION, Smokeless Tobacco and Some Tobacco -Specific N-Nitrosomines, 89 IARC Monographs on the Evaluation of Carcinogenic Risks to Humans (WHO, Int'I Agency for Research on Cancer, ed., 2007), https://publications.iarc.fr/107 , 9 See sources cited in attached Model Policy infra, nn.25, 27, 29-35; see also Public Health Law Center, E-Cigarettes (web - site with many resources on options on regulating e-cigarettes).
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www.publichealthlawcenter.org/caltobacco Smoke- and Tobacco -Free Outdoor Areas
PUBLIC HEALTH American
LAW CENTER Lung Association.
al MIlchall N.mllnr Sehaol o! Lew
California
Environmental Impact. Discarded cigarette butts are a non -biodegradable form of litter that can take decades to break down. Cigarette filters are made of the plastic material cellulose acetate, which breaks down into microplastics, moving deep into the food chain and water supply.10 Used cigarette butts are known to leach toxic amounts of nicotine, pesticides, polycyclic aromatic hydrocarbons, arsenic, and heavy metals such as lead and cadmium, potentially for years after use" Even unsmoked cigarette butts are toxic to animals, plants, and aquatic life 1z Discarded cigarettes are also a significant cause of outdoor fires, accounting for hundreds of millions of dollars in annual costs in environmental damage, personal property losses, firefighting expenses, and restorative efforts 13 For more information on tobacco product waste, see our publication Tobacco Product Waste: Frequently Asked Questions.
E-cigarettes also create many environmental problems. E-cigarette cartridges typically contain hazardous substances such as nicotine, as well as other potentially harmful constituents, such as formaldehyde, acetaldehyde, benzene, and toluene 14 Discarded devices may leach lead, cobalt, and other substances into the environment in toxic amounts. Toxic chemicals from commercial tobacco product waste can accumulate in animals, soil, and aquatic ecosystems. .Irur Cannabis Considerations
Secondhand cannabis smoke is a health hazard. The California Environmental Protection Agency includes cannabis smoke on its list of chemicals known to cause canceO Exposure to secondhand cannabis smoke leads to cannabinoid metabolites in bodily fluids and has caused individuals to report psychoactive effects 16
10 WORLD HEALTH ORGANIZATION, TOBACCO AND ITS ENVIRONMENTAL IMPACT: AN OVERVIEW 26 (2017), https://apps.who,int/ i ris/bitstream/handle/10665/255574/9789241512497-eng,pdf. 11 Hiroshi Moriwaki et al., Waste on the Roadside, 'Poi-Sute' Waste: Its Distribution and Elution Potential of Pollutants into Envi- ronment, 29 WASTE MANAGEMENT 3 (2009).
12 Dannielle S, Green et al„ Cigarette Butts Have Adverse Effects on Initial Growth of Perennial Ryegrass and White Clover,182 ECOTOXICOLOGY AND ENVIRONMENTAL SAFETY 109418 (2019).
13 See, e,g., Nat'l Park Serv., Wildfire Causes and Evaluations, https://www.nps.gov/articles/wildfire-causes-and-evaluation,htm . 14 Maciej Lukasz Goniewicz et al., Levels of Selected Carcinogens and Toxicants in Vapour from Electronic Cigarettes, 23 TOBAC- CO CONTROL 133-9 (2014).
15 See sources cited in attached Model Policy infra, nn.11, 39. 16 See source cited in attached Model Policy infra, n.41.
AW-61
January 2021
www.publichealthlawcenter.org/caltobacco Smoke- and Tobacco -Free Outdoor Areas
PUBLIC HEALTH American
LAW CENTER Lung Association.
at Mlle hnq Hmmtlns Sct+oot of LGw Californ a January 2021 With the state legalization of cannabis for adult use in California, there are a few things to keep in mind for outdoor smoke -free ordinances. Under state law, except for authorized special events, cannabis use is prohibited in all public places and within 1,000 feet of any school, day care, or youth center when children are present" State law likely already prohibits cannabis use in areas contemplated under an outdoor smoke -free ordinance. Once tobacco smoking is prohibited in these areas, cannabis smoking will also be prohibited under state law'$ ,o,Legal Considerations
Although outdoor tobacco -free policies have proliferated in recent years, only a few have been legally challenged. In most cases, courts have upheld local laws prohibiting smoking in outdoor areas on the grounds that such laws: (1) are within the authority of local governments to protect public health, safety, and welfare; and (2) are not preempted by statewide smoke -free Iaws19 In California, state law prohibits smoking within 25 feet of playgrounds and tot lots as well as within 20 feet of public buildings, and expressly authorizes local communities to enact additional restrictions.20 In fact, California cities and counties have the legal authority to adopt local laws that prohibit all outdoor tobacco use in areas not already covered by state law.21 Customizing the Ordinance
Context boxes are included throughout the ordinance to explain some key provisions. These boxes are not meant to be included in any final ordinance. A city or county wishing to adopt all or part of this ordinance should keep this in mind and remove the context boxes.
In some instances, blanks (such as [ _ 1) prompt you to customize the language to fit your community's needs. In other instances, the ordinance offers you a choice of options (such 17 CAL, HEALTH & SAFETY CODE § 11362,3(a)(1) & (2).
18 CAL. HEALTH & SAFETY CODE § 11362.3(a)(2) (stating that the state smoke -free law "does not permit any person to ... smoke cannabis or cannabis products in a location where smoking tobacco is prohibited"). 19 See, e.g., Gallagher v. Clayton, 699 F.3d 1013 (8th Cir. 2012) (upholding the City of Clayton's ordinance prohibiting smoking on any city -owned or -leased property, including buildings, grounds, parks and playgrounds, which a city resident had challenged on constitutional grounds, asserting that "the health threat of secondhand smoke from outdoor tobacco use is de minim[i]s," and that the city lacked a sufficient rationale for prohibiting it), http://media,ca8,uscourts . gov/opndir/12/11/113880P.pdf.
20 CAL, HEALTH & SAFETY CODE § 104495; CAL. GOV'T CODE §§ 7596-7598. 21 CAL, LAB. CODE § 6404,5(h),
AW1117
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PUBLIC HEALTH t American
LAW CENTER Lung Association.
at MRchpG Fiarrurne school or law
California
as C choice one / choice two 1). Some options are followed by a note that describes the legal provisions in more detail. A degree of customization is always necessary to make sure the ordinance is consistent with a community's existing laws. Such customization also ensures that communities are using this model ordinance to address local needs and promote health equity.
Arm, Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial tobacco use. Communities differ on their readiness and willingness to adopt certain commercial tobacco control policies intended to help make that world a reality. For that reason, this model ordinance represents a balance among state and federal minimum standards, best public health policy practices, and practical implementation for local governments in California. This model ordinance contains several policy components that communities may or may not choose to adopt at this time that may go beyond minimum state and federal requirements.
While the Public Health Law Center does not lobby, advocate, or directly represent communities, we can provide legal technical assistance through our publications and referrals to experts in the field. Education, stakeholder and community engagement, and a strong advocacy plan are key steps in adopting effective commercial tobacco control policies. If a community is unaware of available resources for engaging the community and developing an advocacy plan, or if a local government is considering adopting an ordinance and is interested in learning about the range of resources available, please contact the Public Health Law Center.
If you have any questions about this ordinance, you can reach us at publichealthlawcenter@ mitchellhamline.edu.
This publication was prepared by the Public Health Law Center, a nonprofit organization that provides information and legal technical assistance on issues related to public health. The Center does not provide legal representation or advice. The information in this document should not be considered legal advice, This model ordinance was made possible by funds received from Grant Number 19-10229 with the California Department of Public Health, California Tobacco Control Program, and the American Lung Association in California, AFs
January2021
www.pubiichealthlawcenter.org/caltobacco Smoke- and Tobacco -Free Outdoor Areas
PUBLIC HEALTH e . American
LAW CENTER Lung Association.
at Mitchell Hamllne School of Law
California
AN ORDINANCE OF THE [ CITY/COUNTY OF ]
AMENDING THE [ ] MUNICIPAL CODE TO REGULATE
SMOKING [ AND TOBACCO USE ]
The C city council/county board of supervisors 1 of C 1 does ordain as follows:
SECTION I. [ See Appendix A: Findings ]
Note
January 2021
Findings are brief statements of fact or statistics that outline the issue being addressed, support the need for the policy, and help clarify the policy goal. A findings section is important because it provides the evidentiary basis for the proposed commercial tobacco control policies. The findings section is part of the ordinance and legislative record, but it usually does not become codified in the municipal code. In addition to serving an educational purpose and building support for the ordinance, the findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an admissible record of the factual determinations made by the legislative body when considering the ordinance. Courts will generally defer to legislative determinations of factual issues, which often influence legal conclusions. A list of findings supporting this model ordinance appears in "Appendix A: Findings." Jurisdictions may select findings from that list to insert here, along with additional findings on local or regional conditions, outcomes, and issues that help make the case for the law.
SECTION II. [ Article/Chapter ] of the [ City/County of ] Municipal/County Code is hereby amended to read as follows:
Sec. C (*1) 1. DEFINITIONS. For the purposes of this C article/chapter 1 the following definitions shall govern unless the context clearly requires otherwise:
(A) "Cannabis" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (B) "Electronic smoking device" means any device that maybe used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, a -pipe, vape pen, or e-hookah. ,i.C,
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PUBLIC HEALTH American
LAW CENTER Lung Association.
IM-1 OWNH-IM-WSCPn01ofLaw California January 2021
(C) "Employee" means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer. (D) "Employer" means any person or nonprofit entity that retains the service of one or more employees.
(E) "Enclosed area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
Note
It is against state law to smoke or use electronic smoking or vaping devices, such as e-cigarettes, in an enclosed space at a place of employment or owner -operated business. (Labor Code section 6404.5). A place of employment is any place where employees or owner -operators carry on their work. Local governments may impose and enforce their own indoor smoking restrictions if they apply to areas not covered by state law. City of San Jose v. Dep't of Health Services, 66 Cal. App. 4th 35, 44 (1998). However, to the extent that state law currently prohibits smoking in an enclosed place of employment, a local government may only enforce the state law (and not a similar local law) (Labor Code section 6404.5). If a jurisdiction has a separate clean indoor air act, it should ensure this ordinance aligns with any definition of enclosed areas so that all enclosed and unenclosed areas are covered. (F) "Multiunit Residence" means property containing two or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities.
(G) "Outdoor Dining Area" means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink. www.pubiichealthlawcenter.org/caItobacco Smoke- and Tobacco -Free Outdoor Areas
PUBLIC HEALTH American
LAW CENTER d Lung Association.
.l MR,1, njl F1-1m. 5, h.o or L.w California January 2021 N ote
Smoking in indoor dining areas is already prohibited by state law (Labor Code section 6404.5).
(H) "Person" means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity. (1) "Place of employment" means an area under the control of an employer that an employee or the general public may enter in the normal course of operations, regardless of the hours of operation, including work areas and construction sites.
W "Public event areas" means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers' market, parade, fair, or festival.
(K) "Public place" means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities.
Note
This is a very broad definition, intended to include all public areas that do not fall within other definitions in this Model Ordinance.
The definition includes sidewalks and streets. If a jurisdiction would prefer not to cover sidewalks and streets, it could substitute the following definition:
"Public place" means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including parking lots, plazas, shopping areas, stadiums, or sporting facilities. The term "public place" does not include streets or sidewalks used only as pedestrian or vehicular thoroughfares.
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PUBLIC HEALTH American
LAW CENTER Lung Association.
nl M&h0p H."M W-10 Law California January 2021
Note
State law prohibits cannabis smoking in "a public place." (Health and Safety Code section 11362.3(a)(1)). While this phrase is generally understood to include places open and accessible to the public, "public place" is not defined in the statute so the definitions may be interpreted differently.
(L) "Recreational area" means any publicly or privately owned area C , including streets and sidewalks located within the area, ] that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.
Note
The bracketed text allows a jurisdiction to select whether to apply the restrictions to streets and sidewalks. If a jurisdiction includes an exemption for streets and sidewalks, it is worth considering what impact congregating tobacco use in those areas will have on users of the facility or neighbors to the facility.
Although this definition applies to all recreational areas, state law (Labor Code section 6404.5) already prohibits smoking inside places of employment, so Section C (*3) (a) ] limits the prohibition to outdoor recreational areas only. (M) "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term "service area" includes, but is not limited to, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands. r_-A
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PUBLIC HEALTH + American
LAW CENTER ��� Lung Association.
at Mitchell Hamlin@ School of Law California January 2021 Note
Although this definition applies to all service areas, state law (Labor Code section 6404.5) already prohibits smoking inside places of employment, so Section C (*3)(a) 7 limits the prohibition to outdoor service areas only.
(N) "Service lines" means an outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, mobile vendor lines, movie ticket lines, and sporting event lines.
(0) "Smoke" or "Smoking" means:
(1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;
(2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.
(P) "Tobacco product" means:
(1) any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
"Tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
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PUBLIC HEALTH American
LAW CENTER' Lung Association.
at Mitchell Hemline School of Law 1
/ California
(Q) "Tobacco product waste" means any component, part, or remnant of any tobacco product.
Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine. (R) "Tobacco use" means the act of smoking or the consumption of any other tobacco product in any form.
(S) "Unenclosed area" means any area that is not an enclosed area.
Sec. C ('3) ]. PROHIBITION OF SMOKING [ AND TOBACCO USE ] IN UNENCLOSED AREAS.
Note
January 2021
This section prohibits smoking in a wide range of outdoor areas. If a community wants to prohibit the use of all tobacco products (including smokeless products like chewing tobacco and snus), then it should include the optional bracketed text referring to tobacco use. (A) Smoking [ and tobacco use ] is prohibited in the unenclosed areas of the following places within the [ City/County of ]:
(1)
Recreational areas;
(2)
Service areas;
(3)
Outdoor dining areas;
(4)
Places of employment;
(5)
Public event areas; or
(6)
Other public places.
(B) Nothing in this C article/chapter- ] prohibits any person or employer with control over any property from prohibiting smoking [ and tobacco use ] on any part of such property, even if smoking [ or tobacco use I is not otherwise prohibited in that area. �lo,
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LAW CENTER Lung Association.
at Mltcholl Hamlin@ School of Law
California
[(C) It is not a violation of this [ article/chapter ] to use tobacco as part of a Native American spiritual or cultural ceremony. Approval from [ city/county ] administration must be requested and received prior to the ceremony.]
Note
January 2021
Some smoke -free policies provide exceptions for traditional, ceremonial, and sacred uses of tobacco practiced by some tribal communities, while prohibiting the use of commercial tobacco. If you would like more information about this topic, please visit keepitsacred.org.
Sec. [ (`4) ]. SMOKE -FREE BUFFER ZONES.
Smoking in all unenclosed areas shall be prohibited within 25 feet from any area in which smoking is prohibited under Sec. C (`3) ] of this [ article/chapter ] or by any other law.
This prohibition shall not apply to unenclosed areas of private residential properties that are not multiunit residences.
Note
If a jurisdiction preferred to cover private residential unenclosed areas when they are within 25 feet from an enclosed area covered by the law, it could remove this last sentence.
Sec. [ (t5) ]. TOBACCO WASTE.
(A) No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking [ or tobacco use ] is prohibited by law, including within twenty-five (25) feet from any area in which smoking [ or tobacco use ] is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking [ or tobacco use ] in violation of any provision of this [ article/ chapter- ].
(B) No person shall dispose of tobacco product waste within the boundaries of an area in which smoking [ or tobacco use ] is prohibited.
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PUBLIC HEALTH t American
LAW CENTER Lung Association.
at Mitchell Hamlin. School of Law
F California
Sec. C ('6) ]. ENFORCEMENT.
Note
January 2021
Enforcement of smoke -free outdoor area policies is important because there is no risk -free amount of exposure to secondhand smoke and because we know that even outdoors, secondhand smoke can reach hazardous levels. But enforcement should balance the goal of protecting the public from secondhand smoke exposure with the knowledge that punitive measures are unlikely to help those struggling with tobacco addiction to end their tobacco use. Research tells us the best approaches to help those confronting addiction are counseling and education.
Since most people will refrain from smoking if they know a tobacco -free policy is in place, the best way to improve enforcement is to educate the public and local businesses about the policy throughout the implementation process. Greater community compliance will be achieved if the policy is easy to understand, the boundaries and areas covered under the policy are clearly identified, and active steps are taken to communicate its impact to all affected groups.
We also know that there are significant equity concerns with criminal penalties. For instance, racial profiling and discriminatory racial patterns are well documented in the enforcement of many crimes, including lower -level offenses. Another consideration is that the criminal process may trigger a probation or parole violation, a summons that could create a criminal record or a warrant, or other significant ripple effects in an individual's interaction with the justice system. In turn, these criminal sanctions could jeopardize the individual's housing, benefits, education, and employment. For these reasons, the enforcement provisions in this model policy do not include criminal sanctions. We also recommend prioritizing non -law enforcement interactions, such as starting with other civil public employees like recreation center staff, before contacting law enforcement to enforce the policy.
We focus primary responsibility for enforcement on property owners by holding them accountable with appropriate civil penalties for any failure to enforce the rules required under this law.
While we do include monetary administrative penalties, we acknowledge that these too can carry risks of discriminatory enforcement and create financial hardship, and we recommend pursuing enforcement actions against property owners whenever possible. We do not include private lawsuit enforcement options in this Model Policy, due to the potential for abuse.
The following provisions are designed to offer several enforcement options to the jurisdiction and residents. While not all enforcement mechanisms may be pursued, allowing multiple enforcement mechanisms in the ordinance may increase the likelihood of compliance, enforcement, and, in turn, protection from second-hand smoke. ��
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California
(A) No person or employer shall permit smoking [ or tobacco use ] in an area that is under the control of that person or employer and in which smoking [ or tobacco use 7 is prohibited by this article or any other law.
(B) A person or employer that has control of an area in which smoking [ and tobacco use is prohibited by this [ article/chapter ] shall post a clear, conspicuous, and unambiguous "No Smoking" [ and "No Tobacco Use" ] or "Smoke -Free" [ and "Tobacco -Free" ] sign at each entrance to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol. Signs posted on the exterior of buildings to comply with this section shall include the 25-foot distance requirement set forth in Sec. [ (' 4) ]. The presence or absence of signs shall not be a defense to a charge of smoking [ or tobacco use 7 in violation of any other provision of this [ article/chapter ].
January 2021
Note
To encourage cessation, a jurisdiction may also want to consider adding a cessation hotline or other cessation information to signage. Potential language to promote this could be:
"At least one sign placed in each place where smoking is prohibited must include the following tobacco cessation hotline number: "
To provide information about how to submit complaints, another option is to include the following language:
"At least one sign with the [ City / County ] phone number for complaints must be placed conspicuously in each place in which smoking is prohibited." In addition, jurisdictions may want to indicate on their signs that use of electronic smoking devices is also prohibited and include an illustration of an electronic smoking device. (C) [ City/County ] staff and volunteers will be notified about the requirements of this [ article/chapter ] through the employee manual.
(D) [ City/County ] staff will communicate the requirements of this[ article/chapter- Ito public event organizers. [ City/County ] staff will also make periodic observations of recreational areas and other [ city/county ] property covered by this [ article/chapter ] to monitor for compliance. Anyone found by [ city/county ] staff to be violating this [ article/ Ar-ov,
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PUBLIC HEALTH t American
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.e Ma�h.0 x.m� M1. sir ei vrinw f� California
chapter ] will be reminded of its requirements and asked to comply before being subject to ejection from the property.
(E) A person or employer that has control of an area in which smoking [ and tobacco use ] is prohibited by this [ article/chapter ] shall direct anyone who is smoking [ or using tobacco ] in violation of this [ article/chapter ] to extinguish the product being smoked [ or stop using the tobacco product ]. If they do not stop smoking [ or using the tobacco product ], the person or employer shall refuse any service and shall immediately ask them to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.
(F) No person or employer shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this [ article/chapter ].
[(G) The [ Director of ] or their designee shall conduct an ongoing educational program to explain and clarify the purposes and requirements of this [ article/chapter ], as well as to provide guidance to persons or employers about compliance. Lack of receiving or participating in such education program shall not be a defense to a violation of this [ article/chapter 1.1
Sec. [ (' 7) ]. VIOLATIONS AND PENALTIES.
(A) Each refusal to comply with a request from a C city/county ] employee in violation of Secs. [ _ ('6)(d) or (e) ] may be subject to a [ fifty dollar ($50) ] administrative fine.
Note
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A jurisdiction may also wish to include a non -monetary penalty here as an alternative to the administrative fine, such as required community service. (B) A person or employer that has control of an area in which smoking [ and tobacco use ] is prohibited by this [ ai title/chapter ] and that fails to comply with this [ article/chapter ] shall be guilty of an administrative fine punishable by:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding one hundred and fifty dollars ($150) for a second violation within one year.
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LAW CENTER Lung Association.
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PUBLIC HEALTH
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California
SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY.
It is the intent of the [ City Council/Board of Supervisors ] of the [ City/County ] of [ to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The C City Council/Board of Supervisors ] of the [ City/County ] of C 7 declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.
Appendix A: Findings.
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following:
The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone;' ■ Tobacco use causes disease in nearly all organ systems and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths in the United States;' • The estimated economic damage attributable to smoking and exposure to secondhand smoke in the United States is nearly $300 billion annually;' ■ Despite significant progress, tobacco use remains the leading cause of preventable death and disease in the United States,' and
■ [ insert local tobacco toll data if available ]
WHEREAS, tobacco use is the number one cause of preventable death in California' and continues to be an urgent public health issue, as evidenced by the following:
■ An estimated 40,000 California adults die from smoking annually;' r _�
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PUBLIC HEALTH American
LAW CENTER Lung Association.
at Mltchall Hamllna School of Law January 2021
California
Each year, smoking costs California an estimated $13.3 billion in direct health care expenses, $3.6 billion in Medicaid costs, and $10.4 billion in productivity losses;4 a Research indicates that more than 25% of all adult cancer deaths in California are attributable to smoking;' and
a [ insert local tobacco toll data if available
WHEREAS, significant disparities in tobacco use exist in California, which create barriers to health equity,' as evidenced by the following:
■ African American (17.0%) and American Indian (19.1%) Californians report a higher smoking prevalence than white Californians (11.8%);'
• The American Indian population in California reports the highest cigarette smoking rate among adults, and American Indian youth report the highest rate of smoking among high school students;'
a Californians with the highest levels of educational attainment and annual household income report the lowest smoking rates;'
Those who identify as lesbian, gay, bisexual, or transgender in California report smoking at higher rates than those who do not;'
• Californians who live in multiunit housing report smoking cigarettes at a higher rate (13.1%) than those who live in a house (9.7%);'
■ Californians who reported experiencing psychological distress in the preceding month smoked at a rate far higher (26.7%) than the average statewide smoking rate (11.0%);' and [ insert local tobacco toll data if available
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:
a In 2006, the U.S. surgeon general concluded that there is no risk -free level of exposure to secondhand smoke;8
In 2006, the California Air Resources Board identified secondhand smoke as a toxic air contaminant, in the same category as the most toxic automotive and industrial air pollutants, and a serious health threat for which there is no safe level of exposure;9,10 AIVIC"
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n MIicYNtt H.mllnf Schaal of Low
California
In 2006, the California Environmental Protection Agency added secondhand smoke to the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm;"
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the following:
• Levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous, depending on direction and amount of wind, number and proximity of smokers, and enclosures like walls or roofs;12-'$
Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the "hazardous" range on the United States EPA's Air Quality Index;15," and
To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move 20 to 29 feet away from the source of the smoke, about the width of a two- lane road;1s,19,20
WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following:
e Since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke;2
Secondhand smoke was responsible for an estimated 34,000 heart disease -related and 7,300 lung cancer -related deaths among adult nonsmokers each year during 2005-2009 in the United States;2
a Research indicates that exposure to secondhand smoke increases the risk of coronary heart disease by 25% to 30% and increases the risk of stroke by 20% to 30%;2,21 and • Secondhand smoke kills more than 400 infants every year;22 WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:
7 Research has found electronic smoking device aerosol contains at least 12 chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm;l,23,24 such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;24,21 rAV
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at Mitchell Hamllne School of Law January 2021
California
Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke; 21,26-26 Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;24,26,28-34 • Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences serious concerns;2a,26,35,36
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:
• The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer; 11,31 • Cannabis smoke contains at least 33 known carcinogens;31 • In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants' blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance;311 and A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self -reported psychoactive effects;39
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and can reduce medical costs; these outcomes, consistently demonstrated in peer - reviewed research, include the following:
• Reduced prevalence of tobacco use;40,41
Y Reduced secondhand smoke exposure, as measured by self -report and laboratory analysis of biomarkers or indoor air;4o-43
is Increased cessation of tobacco use;",'
0 Reduced initiation of tobacco use among young people;41 Fewer hospitalizations from tobacco -related diseases, such as asthma and cardiovascular disease;40,41,44 and
AlPr,e7
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■ An estimated annual savings rate in the U.S. of $148,000 to $409,000 (2011 U.S. dollars) per 100,000 people in averted secondhand smoke -related healthcare costs;40 Include the following findings about smokeless tobacco if your community will be incorporating the optional language to create completely tobacco -free spaces.
E WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following:
® Smokeless tobacco use can lead to nicotine addiction;'`'' ® Smokeless tobacco use causes oral, esophageal, and pancreatic cancers;'�s'` ® Smokeless tobacco use is associated with increased risk for heart disease and stroke,46-as and stillbirth and preterm delivery;-",) and
• E insert local smokeless tobacco use disparities data if available ] ] WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as evidenced by the following;
• The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs that produce almost 2 million tons of waste paper, cellophane, foil, and glue as well as trillions of butts littered across roadways, sidewalks, parks, and other green spaces;51,52 ■ Both tobacco industry and peer -reviewed research found that most smokers admit littering their cigarette butts,s3,s4 for example, one study found 74.1% of smokers admitted littering cigarette butts at least once in their life and 55.7% admitted to littering them in the past month;s4
■ In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their cigarette butts as litter;14
■ Cigarette butts are perennially the most common form of litter collected during cleanup programs worldwide,53,56 for example, in 2018, cigarette butts made up nearly 16% of all litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items);56 ■ Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean;51 • Non -cigarette forms of tobacco waste, such as plastic cigar tips and little cigar wrappers, also significantly contribute to litters?-s9
ANFAV
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PUBLIC HEALTH �L. American
LAW CENTER is Lung Association.
A Mitchell Hemline School 0 law Californ a 3anuary 2021 • Waste from electronic smoking devices has become a recognized and growing form of litter.18,60,61 For example, a recent study among twelve high schools in the San Francisco Bay Area found that electronic cigarette waste made up nearly 20% (172 of 893 items) of all tobacco or cannabis product waste found on school property with the largest amount (152 items) and highest percentage (39.4%) of electronic cigarette waste observed at upper income schools;" and
As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine - containing electronic smoking devices as acute hazardous waste when disposed;62 WHEREAS, cigarette butts, smokeless tobacco, and electronic smoking devices pose a health threat of poisoning to young children, as evidenced by the following:
• In 2018, American poison control centers logged nearly 13,000 cases involving exposure to cigarettes, cigarette butts, electronic smoking devices, or other tobacco products, and of these, more than 10,000 (79.0%) occurred in children aged 5 years and younger;63 Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018 among children 5 years of age and younger by American poison control centers, 50.3% involved cigarettes,18.4% involved electronic smoking devices, and 8.0% involved other tobacco products;63
Y The annual number of electronic cigarette exposure cases among children less than 5 years of age reported to American poison control centers increased from 10 in 2010 to 1,835 in 2018, a 14,015% increase;64 and
• Children who ingest tobacco products can experience vomiting, nausea, lethargy, and gagging,65 with e-liquids potentially posing a greater risk of toxicity or fatality through either ingestion or transdermal absorption;66
WHEREAS, exemptions and loopholes in California's smoke -free workplace laws67 disproportionately impact low-income communities and communities of color as well as those who work predominantly outdoors as evidenced by the following:
• California Labor Code does not prohibit smoking in cabs of trucks, long-term care facilities, outdoor places of employment, tobacco shops, private smokers' lounges, and up to 20 percent of hotel rooms. Employees in these areas are disproportionately individuals of low- income and individuals of color;68
G One study in California found Hispanic/Latino workers were most likely to report secondhand smoke exposure at work (19.5%), followed by non -Hispanic other race JAr
www.publichealthlawcenter.org/caltobacco Smoke- and Tobacco -Free Outdoor Areas 23
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LAW CENTER Lung Association.
at Mltchell Hamllne School of Lew California January 2021 (13.7%), Asian/Pacific Islander (10.5%), African American (10.4%), and Caucasian (9.7%) workers;69 and
In a survey of employed Bay Area young adults, 32.6% reported workplace exposure to secondhand smoke, nearly all of whom (95.7%) reported outdoor exposure, and most of whom worked in one of four occupational categories: construction and extraction, transportation and material moving occupations, building and grounds cleaning and maintenance, and food preparation and serving;70
WHEREAS, California cities and counties have the legal authority to adopt local laws that prohibit all tobacco use indoors and outdoors in areas not already covered by state law;71 WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots as well as within 20 feet of public (state, county, city, or community college district) buildings, among other locations, and expressly authorizes local communities to enact additional restrictions;72-74 WHEREAS, there is broad public recognition of the dangers of secondhand smoke and support for smoke -free air laws, as evidenced by the following:
• A 2017 survey of California adults found that an overwhelming majority agree that secondhand smoke causes cancer and 82.1% agree that aerosol and vapor from electronic smoking devices are harmfu1;75
• A 2018 survey of California adults found widespread public agreement that smoking should not be allowed at public beaches (78%);7 and
• In a 2015 survey of California voters, 70% supported prohibiting electronic smoking device use where smoking is prohibited;76
WHEREAS, as of January 2019, there are more than 235 California cities and counties with outdoor secondhand smoke ordinances;7
WHEREAS, as of April 1, 2020, more than 140 local jurisdictions in California prohibit the use of electronic smoking devices in specific locations;''
WHEREAS, as of October 2017, there are more than 210 California municipalities with local laws restricting smoking in parks; 8 64 with local laws restricting smoking at beaches,79104 with local laws restricting smoking in all bar patio and outdoor dining places,80 and 112 with local laws restricting smoking at outdoor public transit waiting areas;" WHEREAS, there is no Constitutional right to smoke;82 and www.publichealthlawcenter.org/caltobacco Smoke- and Tobacco -Free Outdoor Areas 24
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California
NOW THEREFORE, it is the intent of the [ City Council/County Board of Supervisors ], in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking [ and tobacco use ] around non -tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking [ and tobacco use ] with a healthy lifestyle; and by affirming and promoting a healthy environment in the [ city/county ].
Endnotes
1 World Health Organization. WHO Report on the Global Tobacco Epidemic, 2019: Offer Help to Quit Tobacco Use. Geneva:
World Health Organization. 2019. Available at: https://apps.who.int/iris/handle/10665/326043 . 2 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014.
Available at: https://www,ncbi.nIm.nih.gov/books/NBK179276/pdf/Bookshelf_NBKl79276.pdf , 3 Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs — 2014. U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.cdc.gov/ tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf. 4 Campaign for Tobacco -Free Kids. The Toll of Tobacco in California. https://www.tobaccofreekids.org/problern/toll-us/ california. Accessed June 15, 2020.
5 Lortet-Tieulent J, Sauer AG, Siegel RL, et al, State -level cancer mortality attributable to cigarette smoking in the United States. JAMA Intern Med. 2016;176(12):1792-1798, doi:10,1001/jamainternmed.2016.6530. 6 U.S. National Cancer Institute. A Socioecological Approach to Addressing Tobacco -Related Health Disparities. National Cancer Institute Tobacco Control Monograph 22. NIH Publication No.17-CA-8035A. Bethesda, MD: U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute. 2017. Available at: https://can- cercontro l.cancer goy/brp/tcrh/monographs/22/index.html. 7 California Tobacco Control Program, California Department of Public Health. California Tobacco Facts and Figures 2079.
Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%2ODocument%2OLibrary/Re- searchandEvaluation/FactsandFigures/CATobaccoFactsandFigures2019.pdf. Accessed June 17, 2020. 8 U.S, Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General. Atlanta, GA: U.S, Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2006. Available at: www.cdc.gov/tobacco/data_statistics/sgr/2006/index.htm . 9 Air Resources Board, California Environmental Protection Agency, Frequently Asked Questions — Environmental Tobacco Smoke. Available at: www.arb.ca.gov/toxics/ets/factsheetets.pdf . Accessed June 17, 2020. 10 California Identifies Secondhand Smoke as a "Toxic Air Contaminant" [press release]. January 26, 2006, Available at:
www,arb.ca.gov/newsrel/nrOl2606.htm. Accessed June 17, 2020, 11 Office of Environmental Health Hazard Assessment, California Environmental Protection Agency. The Proposition 65 List. https://oehha.ca,gov/proposition-65/proposition-65-list . Accessed June 17, 2020. .W.i W or r
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at Mitchell Hemline School of Law
Californ a
12 Air Resources Board, Office of Environmental Health Hazard Assessment, California Environmental Protection Agen- cy. Technical Support Document for the Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant:
Appendix Ill. 2005, Available at https://ww3.arb.ca.gov/regact/ets2006/app3exe,pdf . Accessed November 30, 2020. 13 Sureda X, Fernandez E, L6pez MJ, Nebot M. Secondhand Tobacco Smoke Exposure in Open and Semi -Open Settings: A Systematic Review. Environ Health Perspect. 2013;121(7):766-773, doi:10.1289/ehp.1205806, 14 Licht AS, Hyland A, Travers MJ, Chapman S, Secondhand Smoke Exposure Levels in Outdoor Hospitality Venues: A Qualitative and Quantitative Review of the Research Literature, Tob Control. 2013;22(3):172-179, doi:10.1136/tobacco- control-2012-050493.
15 Klepeis NE, Ott W R, Switzer P. Real-time measurement of outdoor tobacco smoke particles. J Air Waste Manag Assoc, 2007;57(5):522-534, doi:10,3155/1047-3289.57,5.522.
16 Sureda X, Bilal U, Fernandez E, et al. Second-hand Smoke Exposure in Outdoor Hospitality Venues: Smoking Visibility and Assessment of Airborne Markers. Environ Res. 2018;165:220-227. doi: 10.1016/j.envres,2018.04,024, 17 Kaplan B, Carkoglu A, Ergor G, et al. Evaluation of Secondhand Smoke Using PM2,5 and Observations in a Random Stratified Sample in Hospitality Venues From 12 Cities. Int J Environ Res Public Health. 2019;16(8):1381, doi:10.3390/ ijerph16081381.
18 Zhang M, Garcia AD, Zamora M, Anderson IA, Jativa DF. Exposure to Secondhand Tobacco Smoke at Airport Terminals.
J Environ Public Health. 2019;2019:9648761. doi: 10.1155/2019/9648761. 19 Repace J. Benefits of Smokefree Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehi- cles, William Mitchell Law Rev. 2008;34(4):1621-1638. Available at: https://open.mitchellhamline.edu/wmlr/vol34/iss4/15/ . 20 Hwang J, Lee K. Determination of Outdoor Tobacco Smoke Exposure by Distance from a Smoking Source. Nicotine Tob Res. 2014;16(4):478-484, doi:10,1093/ntr/nttl78.
21 DiGiacomo SI, Jazayeri MA, Barua IRS, Ambrose JA. Environmental Tobacco Smoke and Cardiovascular Disease. IntJ Environ Res Public Health. 2018;16(1):96. dok 10.3390/ijerph16010096. 22 Centers for Disease Control and Prevention (CDC), CDC Vital Signs —Secondhand Smoke: An Unequal Danger. February 2015. Available at: www.cdc.gov/vitalsigns/pdf/2015-02-vitalsigns.pdf . Accessed June 11, 2020. 23 California Tobacco Control Program, California Department of Public Health, State Health Officer's Report on E-Cigarettes:
A Community Health Threat. Sacramento, CA. 2015. Available at: www,cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/ CDPH%20Document%20Library/ Policy/EIectronicSmokingDevices/StateHealthEcigReport.pdf. 24 National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of E-Cigarettes. 2018. Washing- ton, DC: The National Academies Press. Available at: https://www.nap.edu/catalog/24952/public-health-consequenc- es-of-e-cigarettes.
25 Fowles J, Barreau T, Wu N. Cancer and Non -Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols, Intl Environ Res Public Health. 2020;17(6):2146, doi: 10.3390/ijerph17062146. 26 U.S, Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2016, Available at: https://www-ncbi-nlm-nih-gov.ezpl,lib,umn.edu/books/NBK538680/pdf/Bookshelf_NBK538680.pdf , 27 Romberg AR, Miller Lo EJ, Cuccia AF, et al. Patterns of nicotine concentrations in electronic cigarettes sold in the United States, 2013-2018, Drug Alcohol Depend. 2019:201:1-7. doi:10.1016/j.drugalcdep.2019.05,029, 28 Cao DJ, Aldy K, Hsu S, et al, Review of Health Consequences of Electronic Cigarettes and the Outbreak of Electronic Cigarette, or Vaping, Product Use -Associated Lung Injury. J Med Toxicol. 2020 Apr 16. Doi: 10,1007/s13181-020-00772-w.
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LAW CENTER / Lung Association.
at Mitchell Hamllna School of Lew / l
Californ a
29 Staudt MR, Salit J, Kaner RJ, Hollmann C, Crystal RG. Altered lung biology of healthy never smokers following acute inhalation of E-cigarettes. Respiratory Research. 2018;19:78. doi:10.1186/sl2931-018-0778-z, 30 Tzortzi A, Teloniatis SI, Matiampa G. et al, Passive exposure to e-cigarette emissions: Immediate respiratory effects.
Tob. Prev. Cessation. 2018;4(May):18, doi,org/10.18332/tpc/89977. 31 Shields PG, Berman M, Brasky TM, et al. A Review of Pulmonary Toxicity of Electronic Cigarettes in the Context of Smok- ing: A Focus on Inflammation. Cancer Epidemiol Biomorkers Prev. 2017;26(8):1175-1191, doi:10.1158/1055-9965,EPI-17-0358. 32 Visser WF, Klerx WN, Cremers HWJM, et al, The Health Risks of Electronic Cigarette Use to Bystanders. IntJ Environ Res Public Health. 2019;16(9):1525, doi: 10.3390/ijerph16091525. 33 Bayly JE, Bernat D, Porter L, Choi K. Secondhand Exposure to Aerosols from Electronic Nicotine Delivery Systems and Asthma Exacerbations Among Youth With Asthma, Chest. 2019;155(1)88-93. doi:10.1016/j.chest.2018,10.005, 34 Tzortzi A, Teloniatis S, Matiampa G, et al. Passive Exposure of Non -Smokers to E-Cigarette Aerosols: Sensory Irrita- tion, Timing and Association With Volatile Organic Compounds, Environ Res. 2020;182:108963, doi:10.1016/j,en- vres.2019.108963.
35 Cullen KA, Ambrose BK, Genztke AS, et al. Notes from the field: use of electronic cigarettes and any tobacco product among middle and high school students — United States, 2011-2018. MMWR Morb Mortal Wkly Rep, 2018;67(45):1276- 1277. doi: 10.15585/mmwr.mm6745a5.
36 Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by Californian youth, 2014-2018.
Addict Behay. 2020;108:106459, doi: 10,1016/j.addbeh.2020.106459. 37 California Environmental Protection Agency. Evidence on the Carcinogenicity of Cannabis Smoke. Sacramento, CA: California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Reproductive and Cancer Haz- ard Branch. 2009. Available at: https://oehha.ca.gov/media/downloads/proposition-65/chemicals/finalmjsmokehid,pdf . 38 Herrmann, ES, Cone, EJ, Mitchell, JM, et al. Non -Smoker Exposure to Secondhand Cannabis Smoke II: Effect of Room Ventilation on the Physiological, Subjective, and Behavioral/Cognitive Effects, Drug Alcohol Depend. 2015;151:194-202. doi:10.1016/j.drugalcdep.2015.03.019.
39 Holitzki H, Dowsett LE, Spackman E, Noseworthy T, Clement F. Health effects of exposure to second- and third -hand marijuana smoke: a systematic review. CMAJ Open. 2017;5(4):E814-E822. doi:10,9778/cmajo.20170112. 40 Community Preventive Services Task Force. Tobacco Use and Secondhand Smoke Exposure: Smoke -Free Policies. 2012. Available at: https://www,thecommunityguide.org/findings/tobacco-use-and-secondhand-smoke-expo- sure-smoke-free-policies.
41 Young W, Karp S, Bialick P, et al, Health, Secondhand Smoke Exposure, and Smoking Behavior Impacts of No -Smoking Policies in Public Housing, Colorado, 2014-2015. Prev Chronic Dis. 2016;13:E148, doi: 10.5888/pcdl3.160008. 42 Hollar TL, Cook N, Quinn D, Phillips T, DeLucca M. Smoke -free multiunit housing policies show promise in reduc- ing secondhand smoke exposure among racially and ethnically diverse, low-income seniors. J Immigr Minor Health. 2017;19(6):1281-1289, doi.org/10.1007/Sl09O3-016-0430-2. 43 Sureda X, Martinez -Sanchez JM, Fu M, et al. Impact of the Spanish Smoke -Free Legislation on Adult, Non -Smoker Exposure to Secondhand Smoke: Cross -Sectional Surveys Before (2004) and After (2012) Legislation. PLoS One. 2014;9(2):e89430. doi:10,1371/journal.pone.0089430.
44 Mayne SL, Widome R, Carroll AJ, et al. Longitudinal Associations of Smoke -Free Policies and Incident Cardiovascular Disease: CARDIA Study. Circulation. 2018;138(6):557-566. doi:10.1161/CIRCULATIONAHA.117.032302. 45 World Health Organization. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. Volume 89: Smokeless Tobacco and Some Tobacco -Specific N-Nitrosamines. Lyon (France): World Health Organization, International Agency for Research on Cancer. 2007, Available at: https://publ!cations.iarc.fr/107 .
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/
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Lung Association.
California
46Inoue-Choi M, Shiels MS, McNeel TS, et al. Contemporary Associations of Exclusive Cigarette, Cigar, Pipe, and Smoke- less Tobacco Use With Overall and Cause -Specific Mortality in the United States, JNCI CancerSpectr. 2019;3(3):pkz036. doi:10.1093/jncics/pkz036.
47 Arefalk G, Hambraeus K, Lind L, Michaelsson K, Lindahl B, Sundstr6m J. Discontinuation of smokeless tobacco and mortality risk after myocardial infarction, Circulation. 2014;130(4):325-32. 48 Rostron BL, Chang JT, Anic GM, et al. Smokeless Tobacco Use and Circulatory Disease Risk: A Systematic Review and Meta -Analysis. Open Heart. 2018;5(2):e000846, doi: 10,1136/openhrt-2018-000846, 49 Baba S, Wikstr6m A-K, Stephansson O, Cnattingius S. Influence of snuff and smoking habits in early pregnancy on risks for stillbirth and early neonatal mortality, Nicotine Tob Res. 2014;16(1):78-83. doi:10.1093/ntr/ntt117. 50 Gould GS, Havard A, Lim L, The Psanz Smoking in Pregnancy Expert Group, Kumar R. Exposure to Tobacco, Environ- mental Tobacco Smoke and Nicotine in Pregnancy: A Pragmatic Overview of Reviews of Maternal and Child Outcomes, Effectiveness of Interventions and Barriers and Facilitators to Quitting, IntJ Environ Res Public Health. 2020;17(6):2034. doi; 10.3390/ijerphl7062034.
51 Novotny TE, Lum K, Smith E, Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on Hazard- ous Cigarette Waste. IntJ Environ Res Public Health. 2009;6(5):1691-1705, doi: 103390/ijerph6051691. 52 Novotny TE, Aguinaga Bialous S, Burt L, et al. The environmental and health impacts of tobacco agriculture, cigarette manufacture and consumption. Bull World Health Organ. 2015;93(12):877-880, doi: 10.2471/BLT.15.152744. 53 Smith EA, Novotny TE. Whose Butt Is It? Tobacco Industry Research About Smokers and Cigarette Butt Waste, Tob Con- trol. 2011;20(Suppl 1):i2-9, doi: 10.1136/tc.2010,040105. 54 Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers' attitudes and behaviors. Intl Environ Res Public Health. 2012;9(6):2189-203. doi:10.3390/ijerph9062189, 55 Schultz PW, Bator RJ, Large LB, Bruni CM, Tabanico JJ. Littering in Context: Personal and Environmental Predictors of Littering Behavior. Environ Behay. 2013;45(1)35-39, doi: 10.1177/0013916511412179. 56 Ocean Conservancy, International Coastal Cleanup. The Beach and Beyond — 2019 Report. Washington, DC: Ocean Con- servancy. 2019, Available at: https://oceanconservancy.org/wp-content/uploads/2019/09/Final-2019-ICC-Report.pdf . 57 Hardy SD, Bartolotta J. Plastic cigar tips debris: Exploring use and disposal issues for Lake Erie beaches, Marine Pollut Bull. 2018;137:262-266. doi:10.1016/j,marpolbul.2018.10.020, 58 Mock J, Hendlin YH. Notes From the Field: Environmental Contamination From E-cigarette, Cigarette, Cigar, and Cannabis Products at 12 High Schools — San Francisco Bay Area, 2018-2019. MMWR Morb Mortal Wkly Rep. 2019;68(40):897-899, doi: 10.15585/mmwr.mm6840a4,
59 Public Health Law Center. Commercial Tobacco, Health, and the Environment. Saint Paul, MN: Public Health Law Center, Mitchell Hamline School of Law, 2019, Available at: https://publichealthlawcenter.org/sites/default/files/resources/ Commerical-Tobacco-Health-and-the-Environment.pdf.
60 Hendlin YH. Alert: Public Health Implications of Electronic Cigarette Waste, Am J Public Health. 2018;108(11):1489- 1490, doi: 10.2105/AJPH.2018,304699,
61 Public Health Law Center. Disposing of E-Cigarette Waste: FAQ for Schools and Others. Saint Paul, MN: Public Health Law Center, Mitchell Hamline School of Law, 2019. Available at: https://www,publichealthlawcenter.org/sites/default/files/ resources/Disposing%20of%20E-Cigarette%20Waste%20Publication-FINAL.pdf. 62 Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste Pharmaceuticals and Amend- ment to the P075 Listing for Nicotine, 84 Fed. Reg. § 5816 (August 21, 2019) (to be codified at 40 C.F.R. pt. 266(p)).
January 2021
www.pubiichealthlawcenter.org/ca[ tobacco Smoke- and Tobacco -Free Outdoor Areas 28
PUBLIC HEALTH t American
LAW CENTER Lung Association.
at Mitchell Hamllne School of Law
California
63 Gummin DD, Mowry JB, Spyker DA, et al, 2018 Annual Report of the American Association of Poison Control Centers' National Poison Data System (NPDS): 36th Annual Report. Clin Toxicol. 2019;57(12):1220-1413. doi:
10,1080/15563650,2019.1677022.
64 Wang B, Liu S, Peroskie A. Poisoning Exposure Cases Involving E-Cigarettes and E-Liquid in the United States, 2010- 2018. Clin Toxicol. 2020;58(6):488-494, doi: 10.1080/15563650,2019. 65 Lewander W, Wine H, Carnevale R, et al. Ingestion of cigarettes and cigarette butts by children — Rhode Island, Jan- uary 1994-July 1996, Morb Mortal Wkly Rep. 1997;46(6):125-128. Available at: https://www.cdc.gov/mmwr/preview/ mmwrhtml/00046181.htm.
66 Chang JT, Rostron BL. Electronic Nicotine Delivery System (ENDS) Liquid Nicotine Exposure in Young Children Present- ing to US Emergency Departments, 2018. Inj Epidemiol. 2019;6:43. doi; 10.1186/s40621-019-0219-6. 67 Cal. Lab. Code § 6404.5.
68 ChangeLab Solutions. Left Behind in the Smoke: How Exemptions in California's Smokefree Workplace Act Affect Health Inequities. Oakland, CA: ChangeLab Solutions. 2019, Available at: https://www.changelabsolutions.org/sites/default/ files/2019-06/LeftBehi ndl nTheSmoke_FI NAL_20190626.pdf. 69 Max W, Sung H-Y, Shi Y. Exposure to Secondhand Smoke at Home and at Work in California, Public Health Reports. 2012;127(1):81-88. doi:10.1177/003335491212700109.
70 Holmes LM, Ling PM. Workplace secondhand smoke exposure: a lingering hazard for young adults in California. Tobacco Control. 2017;26(e1):e79-e84. doi:10.1136/tobaccocontrol-2016-052921. 71 Cal, Lab. Code § 6404.5(h).
72 Cal. Health & Safety Code § 104495.
73 Cal. Gov, Code §§ 7596-7598.
74 Cal, Ed. Code § 89031.
75 California Tobacco Control Program. California Tobacco Facts and Figures 2078. Sacramento, CA: California Department of Public Health. 2018. Available at: https://www,cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Docu- ment%20Library/ResearchandEvaluation/FactsandFi.gures/CATobaccoFactsFigures2018.pdf. 76 Unger JB, Barker D, Baezconde-Garbanati L, Soto, DW, Sussman, S. Support for electronic cigarette regulations among California voters. Tob Control. 2017;26(3):334-337. doi:10.1136/tobaccocontrol-2016-052918. 77 Americans for Nonsmokers' Rights Foundation. States and Municipalities with Laws Regulating Use of Electronic Cigarettes.
Available at: https://no-smoke.org/wp-content/uploads/pdf/ecigslaws.pdf . Accessed June 11, 2020. 78 Americans for Nonsmokers' Rights Foundation. Municipalities with Smokefree Park Laws. Available at: https://no-smoke , org/wp-content/uploads/pdf/SmokefreeParks.pdf. Accessed June 11, 2020. 79 Americans for Nonsmokers' Rights Foundation, Municipalities with Smokefree Beach Laws. Available at: https://no-smoke . org/wp-content/uploads/pdf/SmokefreeBeaches.pdf. Accessed June 11, 2020. 80 Americans for Nonsmokers' Rights Foundation. Municipalities with Smokefree Outdoor Dining and Bar Patio Laws. Avail- able at; https://no-smoke.org/wp-content/uploads/pdf/SmokefreeOutdoorDining.pdf . Accessed June 11, 2020, 81 Americans for Nonsmokers' Rights Foundation. Municipalities with Smokefree Outdoor Public Transit Waiting Area Laws.
Available at: https://no-smoke.org/wp-content/uploads/pdf/SmokefreeTransitStops,pdf . Accessed June 11, 2020. 82 Public Health Law Center. There Is No Constitutional Right to Smoke or Toke. Saint Paul, MN: Public Health Law Center. 2019. Available at: https://pubIichealthlawcenter.org/sites/default/files/resources/No-Constitution- al-Right-Smoke-Toke-2019.pdf.
AK,V- 7�
January 2021
www.pubiichealthiawcenter.org/ca[ tobacco Smoke- and Tobacco -Free Outdoor Areas 29
What is Tobacco Product Waste?
Tobacco Product Waste (TPW) is the trash and pollution associated with discarded and used tobacco products. Every year, up to 4.S trillion cigarette filters litter our world.' Volunteers picked up almost 200,000 cigarette butts from California beaches and waterways in only one day as part of the annual International Coastal Cleanup (2020).2 1 onow
■O■■
1NRO
MONO
unu
■
Litter
Cigarette filters are made of a type of plastic that breaks apart into tiny particles, called microplastics, that stay in soil and water for many years.' Cigarette filters are the #1 trash item found on beaches and roadsides, making up 23% of the total litter collected in California.2
Many e-cigarette makers tell users to take their empty devices to of the total litter hazardous waste/electronic waste disposal facilities, but these collected in California
places often don't accept e-cigarettes because they are too is cigarette filters difficult to recycle.'
Economic Impacts
• Large California cities spend between $7.1 million (San Francisco) and $19.7 million (Los Angeles) on tobacco waste cleanup every year.' Cigarette filters are the #1 trash item
found on beaches and roadsides. "
Fire Danger
Cigarette filters and e-cigarettes have been linked to
costly, destructive fires and wildfires which threaten both wildlife and communities?
• Fires caused by the lithium -ion batteries in e-cigarettes have become so common that hazardous waste facilities'
insurance costs have skyrocketed.8
+ Every year, abol i 1 in 20 house fires are caused
by smoking and 1 in 4 home fire deaths are linked
to tobacco products. Smoking materials cause
about 560 deaths per year in the U.S 9
Toxins U L,
+ 813,925 pounds of
toxic chemicals were 00000
released from U.S. O O O O
tobacco facilities in 201810
• Cigarette filters may release toxins such as
nicotine, formaldehyde, acetone, and benzene
into the environment as well as heavy metals
including arsenic, lead, and cadmium 11
■ Children, pets, and wildlife may be poisoned
if they eat littered cigarette butts and
nicotine -containing e-liquid.
• Chemicals found in tobacco waste pollute
water systems and are toxic to fish and
other aquatic life.12
References
Californians deserve
clean air and water, and
vibrant communities.
We can get there by holding the
tobacco industry to the same standards
as everyone else.
Visit UNDO.org to learn
more and get involved.
1 Wald Health Organ¢adcrn Tobacco and Its Environmental Impact An Overview 20f/.
2. Ocean Conservancy. International Coastal Cleanup 2020. We Clean On 2021 https://ooeonoonservancyorg/trash-flee-seas/international-coastal-dearwp/amual-data-release/
3. Novotny, TE, & Slaughter E Tobacco Product Waste: An EinAronmentol Approach to Reduce Tobacco Consumption Current Fnviarnental Health Report 1.3, (2014). https//cid.oig/10.1007/s4OM-014-W6-x
4. Public Health Law Center. What a Waste! Legally Disposing of E-cigaretbes and Nicotine Produces [webnarl 2021. https://www.pubiicheafhk3woenteriorg/vveb rear/what-waste-legally-disposing-e-ciga- rettes-and-rcotne-products [Accessed 8/20221
5 Schneider JE� et al. Online Sirnulatim Model to Estimate the Total Costs of Tobacco Product Waste in Large U.S. Cities. International Journal of Ernmonme=1 Research in Pubic Health,17 (2020) https.//doL org/10M90/ilerphT7134705
6. GovernorNewsornmarkssuccess ofCleanCalifornia beautificationefforts .CAgov(2021). https://wwwgovca,gov/2021/l2/15/gmenorrewsom-mach-successbf-dearccifbrm-beautification-efforts/ [Accessed 8/20221
7. Americans for Nonsmokers Right Foundation Wildfires, Alt Quality, and Cigarette Butts. SrnokefreeLaws Save Money and Lives. 2018. https://ro-srtakeog/wildfire-air-quarriLy- -ciga:e-.te-bcrm-s*-,ke,:ee- laws-save-money-ives/ V=essed 08/20221
8 U.S. Ermm rri vbd Protection Agency. An Analysis of Uthium-Ion Battery Fires in Waste ManogenieM and Rehr g. 2021. https// www.epagov/system/files/documents/2021-08/rrftm-ion-bamery-mport-up- date-7.01_508pdf
9 Aherrs, M and Maheshwari, R Home Structure Rres National Fire Protection Agency, 2021 https://wwwnfpa.ofg/-/media/Ries/News-and-Research/Fire-statistics-arid-reports/i3uldng-and-ife-safety/oshomes . pdf [Accessed 8/20221
10. EnAromiental Protection Agency. Chen —veal Report; TRI Explorer; 2019 [Datos4 https://ermroepa.gov/t nexpkxer/tri_release,rherticnl [Accessed 8/20221 11 Torkashvand,1, et a1 Littered cigarette butt as a well-known hazardous waste: A corrprehensfve systematic review. Joumal of Hazardous Materials, 383, (2020). https://ddLorg/10.1016/ljhcizmaUO19.0242 12 Novotry TE, and Slaughter E Tobacco Product Waste: An Em4ronmenml Approach to Reduce Tobacco Consumption, Current Ernriromierital Health Report 13 (2014). https//doiorg/l0.1007/s40572-014-0016-x © 2022. California Department of Public Health. Funded under contract # 21-10001
■
�0 0 truth .TOBACCO AN 0
., initiative
•• I OEE1 FQDM SMOKIIIO. ENVIRONMENT
1APIMn 4 HIc9711lE TAE-
4,211,962 cigarette butts were
collected in beaches and waterways
gtobally in 2019, making them the
world's second most common type
of titter after food wrappers.
402110962
prox�rpately 600 milliontrees a ,
chopped down every year y the ri di ��i di
tobacco industry. On average each
tree produces enough paper for 15 +1 d dl III A
packs of cigarettes.
Cigarette buttI
comprise
30%-40% of items
collected in annual
coastailurban
cleanups.
515 yn
POUNE
AV
815,985 pounds of toxic
chemicals were released from
U.S. tobacco facilities in 2019.
d
i
0 In 2018, Americans generated 2.7 million tons of consumer electronic waste, including e-cigarette waste, that
ultimately ends up in landfills or incinerators.
Tobacco doesn't just negatively impact the health
of individuals, it also endangers the health of the
environment.' When e-cigarette and cigarette
waste isn't disposed of properly, it makes its way
into the environment where it ends up polluting
water, air, and land with toxic chemicals, heavy
metals and residual nicotine. An estimated
766,571 metric tons of cigarette butts make
their way into the environment every year.'
Additionally, in 2018, Americans generated 2.7
million tons of consumer electronic waste,
including e-cigarette waste, that ultimately ends
up in landfills or incinerators.'
Given that the largest U.S. cigarette companies
sold about 217 billion cigarettes to wholesalers
and retailers nationwide in 2018,4 it's no surprise
that cigarette butts are the most frequently
Littered item in U.S. beaches and waterways and
second most littered item globally.16 Cigarette
butts are often disposed of in the environment,
on streets, sidewalks, and other public areas,
and may then be carried as runoff to drains and
ultimately end up polluting rivers, beaches, and
oceans.'.' Because cigarette butts are primarily
made of plastic filters that don't biodegrade, the
butts that aren't eaten by wildlife simply pile up on
shorelines or at the bottom of bodies of water.'-'-''
The problem isn't limited to cigarettes. Retail
e-cigarette sales more than doubled, with a
122.2% increase in total units from September
2014—May 2020. This increase in single -use
e-cigarette products will eventually become tons
of e-cigarette waste as these products reach
end-of-life.13 Disposing of e-cigarette waste in an
environmentally safe and friendly way is a growing
problem, especially given the rise of single -use and
disposable e-cigarettes. E-cigarette cartridges,
such as JUUL pods, are single -use products that
contain plastic, electronic and chemical waste
and many of them may also end up as litter.
Inexpensive, flavored disposable e-cigarettes such
as Puff Bar, which doubled their market share in
just 10 months from August 2019 to May 2020,"
are gaining popularity and further contribute to
e-cigarette waste.
LITTER
CIGARETTES
Cigarette butts comprise 30%-40% of items
collected in annual coastal/urban cleanups.1'
Cigarette butts are the most prominently
littered item on U.S. roadways, retail areas,
storm drains, loading docks, construction
sites and recreational areas.15
In 2019, cigarette butts were the most
littered item in U.S. beaches and waterways,
with close to a million (900,1781 pieces
collected."
(D 4,211,962 cigarette butts were collected on
beaches and waterways globally in 2019,
making them the world's second most
common type of litter after food wrappers."
1`]
12,089 cigarette lighters, 58,672 cigar tips
and 33,865 tobacco packages or wrappers
were removed from U.S, waterways in 2015.''
(J 86% of smokers consider cigarette butts to be
litter, but 75% of smokers throw them on the
ground or out of a car window."
O Smokers litter as many as 65% of their
cigarette butts.5
E-CIGARETTES
E-cigarette-related waste is potentially a
more serious environmental threat than
cigarette butts because it contains metal,
circuitry, single -use plastic cartridges,
batteries and toxic chemicals in e-liquids.2071
E-cigarette manufacturers do not provide
guidance to consumers on how to dispose of
used devices or pod/cartridge products, and
there are no receptacles or specific processes
in place."
(� A Truth Initiative survey found that almost
half [46.9%] of e-cigarette device owners
said that the e-cigarette/vape device they
currently use does not provide any disposal
information such as where to send used
E-cigarette manufacturers do not
batteries or empty pods. The survey also
found that more than half (57.8%] of those
who had vaped in the pas[ 30 days found
it inconvenient to dispose of e-cigarette
waste responsibly.
BIODEGRADABILITY
CIGARETTES
Cigarette filters are made from cellulose
acetate, a plastic which only degrades under
severe biological circumstances, such as when
filters collect in sewage. In practice, cigarette
butts tossed on streets and beaches do not
biodegrade.'•'
Under optimal conditions, it can take at
least nine months for a cigarette butt to
degrade.
n The sun may break cigarette butts down,
but only into smaller pieces of waste which
dilute into water/soiL.6•/•=''
Growing concerns over the impact of tobacco
waste on the environment, as well as the
substantial costs of cleanup, have prompted
states, municipalities and institutions to enact
a variety of policy actions. For example, 317
municipalities prohibited smoking on beaches24
and 1,531 prohibited smoking in parks as of
October 2017.21
provide guidance to consumers E-CIGARETTES
how to dispose of used devices
M or pod/cartridge products
Unlike cigarette butts, e-cigarette waste cannot
biodegrade even under severe conditions.
E-cigarette cartridges discarded on streets
mix with leaf litter and get pushed around by
weather events, eventually breaking down into
microplastics and chemicals that flow into storm
drains to pollute waterways and wildlife-8 The
DEA advises to contact local waste departments
about their household hazardous waste (HHW)
program to see if they accept e-cigarettes, and
if that is not an option, remove the battery (if
possible] and bring the battery to recycling. After
the battery has been removed, the rest of the
e-cigarette can be brought to DEA prescription
Lake -back days."
11 11
LAND, COASTAL AND WATER
POLLUTION
Cigarette and e-cigarette waste can pollute soil,
beaches and waterways. Studies have also shown
that cigarette and e-cigarette waste is harmful to
wildlife.
CIGARETTES
Q Cigarette butts cause pollution by being
carried, as runoff, to drains and from there to
rivers, beaches and oceans.'
Q Preliminary studies show that organic
compounds (such as nicotine, pesticide
residues and metal) seep from cigarette
butts into aquatic ecosystems, becoming
acutely toxic to fish and microorganisms.','*
Q In one laboratory study, the chemicals that
leached from a single cigarette butt (soaked
for 24 hours in a liter of water) released
enough toxins to kill 50 percent of the
saltwater and freshwater fish exposed to it
for 96 hours."
Q Another laboratory study found that cigarette
butts can be a source for heavy metal
contamination in water, which may harm
local organisms.ze
Q A study of the effects of roadside waste
on soil found that patterns of hydrocarbon
levels in the soil were similar to those of
littered cigarette butts. This indicates that
the chemicals in the soil had seeped out
of cigarette butts. Some hydrocarbons are
carcinogenic2-"
&CIGARETTES
Q Both the batteries and e-cigarette devices
contain hazardous substances such as lead
and mercury.27
Q Lithium -ion batteries in e-cigarettes have
been known to explode and cause fires in
garbage trucks and waste management
plants if damaged or exposed to extreme
'.. 4
rwv
•
_ a � r�F w.�► , y �.
r`j
heat.27 According to a California survey,
56% of the fires at waste facilities between
2016-2018 were reported to have been
caused by batteries, mostly lithium -ion
ones.28,29
Q Incompletely used liquid cartridges and
refills contain nicotine salts and heavy
metals, which can leach into soil and
waterways or be ingested by wildlife.zs
Q Before lithium -ion batteries can be placed in
the trash, they need to be fully discharged
and cooled, submerged in cold saltwater
for two weeks — covered securely with a lid
— and wrapped in newspaper.42
ft
qr
GROWING AND MANUFACTURING
TOBACCO PRODUCTS
,J 815,985 pounds of toxic chemicals30 were
released from U.S. tobacco facilities in
2019. This number is down from 1,312,796
pounds in 2015" likely in part due to
the decline in cigarette smoking and the
industry's shifting focus to newer electronic
products.
Q Research has found that growing tobacco
contributes to deforestation, especially
in the developing world.32 Deforestation
for tobacco plantations promotes soil
degradation and "failing yields" or the
capacity for the land to support the growth
of any other crops or vegetation.'
Q Tobacco farmers typically clear land
by burning it. But this land is often
agriculturally marginal and is abandoned
after only a few seasons, contributing in
many cases to desertification.' Burning
increases greenhouse gas levels by
generating water and air pollutants, and
decreasing forest cover'' which would
otherwise absorb the 16 million metric tons
of CO2 produced by tobacco production.
Shutting down the tobacco industry would
equate to taking 16 million cars off the
streets every single year."
Q Tobacco production uses up more water
and wood, and has more pesticides applied
to it, than most other crops, further
affecting water supplies and contamination
of the soil.'
CIGARETTES
Approximately 600 million trees are
chopped down every year by the tobacco
industry.43 On average each tree produces
enough paper for 15 packs of cigarettes.",
Tobacco farming and the tobacco industry
are a sizeable contributor to deforestation
in many countries around the world."
&CIGARETTES
Q Since e-cigarettes quickly rose in popularity
in an under -regulated environment, we know
Little about how e-cigarettes are manufactured
and the environmental impact of the production
process. Thus far, research and policy on
e-cigarettes has focused on the youth epidemic
and lack of regulation rather than the product's
environmental impact.
Q E-cigarette companies were required to submit
information by September 9, 2020 on the
environmental impact of their products as part of
applications to the Food and Drug Administration
to keep their products on the market, but this
information is not yet publicly available."
INDUSTRY ACCOUNTABILITY FOR TOBACCO WASTE
Many e-cigarette manufacturers simply direct
users to hazardous waste/electronic waste disposal
companies, which often don't accept e-cigarettes.35
Q From the cellulose acetate of cigarette butts to
e-liquid residue and batteries, waste management
and hazardous waste disposal plants are not
currently equipped to handle either type of waste.
Federal regulations have not yet caught up to the
need for guidance on disposal.
Q Starting in 2019, the Drug Enforcement Agency
(DEA) began accepting e-cigarette devices and
cartridges during their annual National Prescription
Take Back Day, although the DEA cannot accept
devices containing lithium ion batteries."
(D Currently, there is no industry guideline
for recycling e-cigarettes in the U.S and no
documented baseline standards for end -of -
life disposal by manufacturers.35 There is no
requirement in place to hold manufacturers
accountable for the post -consumer waste they
helped produce or to devise a clear and safe
system to dispose of these items as hazardous
materials or e-waste.27.3E
0 Even though guidance exists on best
practices for holding companies like tobacco
manufacturers accountable for reducing or
disposing of the post -consumer waste that
results from use of their products, they are not
currently enforced across the industry by any
governing body including the Environmental
Protection Agency.'"
0 States and local agencies that have the authority
to enforce hazardous waste penalties can help
reduce the environmental impact. As of January
2020, the EPA states that, violators of hazardous
waste requirements can incur civil penalties of
up to $75,867 per day.37 In 2006, Washington
state became one of the first states in the nation
to pass a law putting the responsibility for
recycling a -waste on the producer, not taxpayers.
Manufacturers that produce electronics were
required to pay for and manage their recycling.37
Tobacco manufacturers
need to be held responsible
for the extreme amounts of
waste that their products create
--dL
k
Ll
TOBACCO INDUSTRY NEGLIGENCE
The tobacco industry is responsible for producing
much more than tobacco products — they are
guilty of creating hundreds of thousands of pounds
of cigarette and e-cigarette waste each year.
Cigarette and e-cigarette waste present serious
threats to the ecosystem and requires a long-term
solution. Instead of accepting responsibility for
their products, tobacco companies are using the
environmental problems associated with tobacco
products as a ploy for positive press attention.
Some tobacco companies have included reducing
the amount of cigarette butts in the environment
as part of their sustainabilily goals. For example,
American Spirit continues its "inspirational" themed
environmental messaging in 2021 with a new
"Stronger Together" slogan and reaffirmation of
their goal to help recycle a half -billion cigarette
butts by 2025,31 and Philip Morris International
claims it endeavors to reduce plastic litter from
its products by 50% from 2021 to 2025 as part
of its "Our World Is Not an Ashtray" initiative.40
Campaigns like this are hypocritical and
misleading to the public. The tobacco industry
not only created this new waste stream in the first
place, they are trying to cover up their harmful
practices through misdirection and public displays
of eco-activism.
POLICIES TO PROTECT THE
ENVIRONMENT
Tobacco manufacturers need to be held responsible
for the extreme amounts of waste that their
products create and to facilitate the environmentally
safe disposal of their products — both combustible
and electronic. Strong local regulations coupled
with financial penalties to reduce the amount
of e-cigarette waste are needed to reduce the
negative environmental consequences from their
products.40 Increasing consumer awareness of
the environmental toxicity and dangers posed by
discarding cigarette' and e-cigarette related waste
into landfills" and encouraging smokers and vapers
to quit using these products altogether are the
best ways to protect the environment from tobacco
product waste.
E
REFERENCES
Tobacco Atlas. Environment. blips://tobaccoattas.org/looic/ euvuor, Ment/. Published 2020. Accessed August 5, 2020.
Stigler-Granados P, Fulton L, Nunez Patlan E, Terzyk M, Novotny TE.
Global Health Perspectives on Cigarette Butts and the Environment. Int J Environ Res Public Health. 2019:16(101:1858.
3 Environmental Protection Agency. Basic Information about Electronics Stewardship. htlps://vAvw.epp,go\,/s-rm-electronics/basic-information- aboul-electronics-stewardship. Published 2020. Accessed. 4 Federal Trade Commission Cigarette Report for 20182019. 5 Research A. Littering Behavior in America - Results of a National Study.
Keep America Beautiful;2009.
6 Novotny TE, Lum K, Smith E, Wang V, Barnes R. Cigarettes butts and the case for an environmental policy on hazardous cigarette waste. Int J Environ Res Public Health. 2009;6:1691-1705.
7 Luke JA. Degradability of Filter Materials and Plastics Packaging.
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