Tobacco and the Law

The use of tobacco has never been eliminated from any country or major culture into which it was introduced. This is noteworthy since efforts to control the use of tobacco were equal to those used to control other forms of behaviour such as crime and religious sin. Opposition to tobacco use took a variety of forms. Surprisingly, severe and immediate punishment proved no more effective in halting smoking than current fears of long-term health consequences.

Rulers came and went, but tobacco remained. Later, governments underwent a conversion of sorts, prompted primarily by the realization that tobacco was an excellent source of revenue - derived either from customs dues (such as those introduced by Cardinal Richelieu in France in 1629) or from the sale of monopolies to deal in tobacco goods. Bohemia was fortified in 1668 with money derived from the tobacco trade, and the Emperor Leopold of Austria used tobacco revenue to finance elaborate hunting expeditions. The scale of tobacco revenue is regarded by many as under-lying many governments' half-hearted endorsement of the anti-tobacco cause.

Smoking Prohibiting

As a result, smoking was strictly forbidden, and anyone breaking the law could be arrested and punished by fine, imprisonment, or physical punishment. The reference to the rights of nonsmokers is echoed in the recent campaign to have greater restrictions placed on public areas in which smoking may take place.

Pope Urban VIII issued a formal decree against tobacco in 1642 and Pope Innocent X issued another in 1650, but clergy as well as laymen continued to smoke. Bavaria prohibited tobacco in 1652, Saxony in 1653, Zurich in 1667, and across Europe. In Constantinople in 1633 the Sultan Mural IV decreed the death penalty for smoking tobacco. Wherever the Sultan went on his travels or military expeditions, his stopping places were frequently marked by executions of tobacco smokers. In spite of the horrors and insane cruelties inflicted by the Sultan, whose blood-lust seemed to increase with age, the passion for smoking persisted in-his domain.

The first of the Romanov Czars, Mikhail Feodorovich, also prohibited smoking, under dire penalties, in 1634. "Offenders are usually sentenced to slitting of the nostrils, beatings, or whippings," a visitor to Moscow noted. Yet, in1698 smokers in Moscow would pay far more for tobacco than English smokers, "and if they lack money, they will sell their clothes for it, to the very shirt."By 1603 the use of tobacco was well established in Japan and an edict prohibiting smoking was pronounced. Finally, in 1612 it was decreed that the property of any man detected selling tobacco should be handed over to his accuser, and anyone arresting a man conveying tobacco on a pack-horse might take both horse and tobacco for his own.

Yet in spite of all attempts at repression smoking became so general that in 1615 even the officers in attendance on the Shogun used tobacco. Finally, even the princes who were responsible for the prohibition took to smoking. Tobacco had won again. In 1625 permission was given to cultivate and plant tobacco. By 1639 tobacco had taken its place as an accompaniment to the ceremonial cup of tea offered to a guest.

Legislation and Taxation

Scandinavian countries, which have the highest tobacco taxes, have the lowest per capita use of cigarettes. Since much of the price reflects the tax on tobacco, it can be seen that heavy taxation does reduce the use of tobacco. More recently, "clean air" or "public smoking" legislation has been passed which restricts the use of tobacco in many public places. Most of these laws require certain kinds of places, such as restaurants, to maintain separate smoking and non-smoking areas for their patrons. While such legislation has been passed to protect nonsmokers from involuntary intake of tobacco smoke, it is also seen by some as a restriction on the freedom of smokers to smoke where and when they please. The proponents of clean air ordinances argue that exposure to tobacco smoke endangers health and well-being. They claim that the right to smoke has neither amoral nor constitutional basis.

The controversy is probably a healthy one even if smoking is not. Certainly, freedom should be protected. As was shown earlier, the evidence that smoking is a specific cause of death and disease is strong, much stronger than the data accepted as sufficient to eliminate lead from petrol, asbestos from building materials, and PCB's from water supplies.

Complying With State Laws - No Smoking Signs

Issues of safety and complying with federal and local laws are the main reasons for public signs. Businesses that are located in malls, shared buildings or freestanding locations need to display the right kinds of signs as reminders to visitors of what they are and are not allowed to do.

No smoking signs are more important today than in the past due to nationwide laws regarding clean air in public areas. Secondhand smoke is nearly as detrimental to a person's health as the one smoking the cigarette. Children and other people who wish to not be exposed to tobacco have the right to that desire. No smoking signs fit into the category of fire signs. In some cases, smoking may not be allowed due to flammable hazards nearby.

The sign would then serve as a warning to potential smokers. In this situation, an addendum may be wise to have placed at the bottom of the sign. Unfortunately, in this rebellious world, many people ignore no smoking signs and light up anyway. By including an addition on the sign that indicates the presence of flammable material, the likelihood that people will not ignore the sign increases.

In most other cases, however, no smoking signs are present due to state laws regarding clean air in public places. Of course, people can smoke on their own property and in their own cars if they want, but keeping indoor air of public areas is very important today. Many restaurants around the country do not even have smoking and non-smoking sections anymore. Business owners and proprietors must ask visitors to their stores to comply with the local and federal laws by requiring that no one smoke within a designated number of feet from the entrance to the store, usually 25 feet.

There is not a specific standardized sign for no smoking, but there is a recognized symbol. The pictogram of a lit cigarette with a classic, red "do not" symbol over it is the icon generally present on no smoking signs. Some are basic, with only the symbol and the words "no smoking," while others take the space to explain why smoking is prohibited in that given area. To provide the best comprehension to the greatest number of people, bilingual signs are available stating the rule in both English and Spanish. Displaying signs is important to let people know what they are and are not allowed to do.

The new smoking law in South Africa

According the World Health Organisation (WHO) tobacco kills half of those who use it and it estimates that about 700 million children or almost half of the world's children inhale air polluted by tobacco smoke.

The new South Africans laws strengthen existing legislation on smoking in public places, regulating the manufacture of tobacco products, the marketing of tobacco products to avoid making cigarettes appealing and require new pictorial health warnings on tobacco packets.

Some changes in the law with immediate effect, include:

    * An increase in the fines for smoking or allowing smoking in a non-smoking area. The fine for the owner of a restaurant, pub, bar and workplace that breaks the smoking laws is now a maximum of R50 000, and for the individual smoker R500.

    * No smoking in 'partially enclosed' public places, such as covered patios, verandas, balconies, walkways and parking areas.
    * No smoking within 5 metres from all entrances.

    * Young children will be better protected from the harms of second hand smoke, like asthma, wheezing, or bronchitis:

Adults may not smoke in a car when a passenger under 12 years is present.

Smoking is not allowed in premises (including private homes) used for commercial childcare activities, or for schooling or tutoring.

No person under 18 may be allowed into a designated smoking area. The practice of parents taking babies into smoking areas of restaurants is outlawed.

    * The tobacco industry can no longer hold 'parties' or use 'viral' marketing to target young people. Although tobacco advertising was banned in 2000, the cigarette companies found other ways to promote cigarettes. It used the Internet, SMS and '"buzz" or "viral" marketing to get its messages to teenagers. In viral marketing, cigarette company reps go with a trunk-full of cigarettes to clubs, discos, coffee bars, college campuses and invite teens to parties, pop concerts or a major sporting event, at which they are lured into smoking.

    * The sale of tobacco products to and by persons under the age of 18 years is prohibited, as is the sale of confectionary or toys that resemble tobacco products.

    * Cigarette vending machines must sell tobacco products exclusively and cannot be used to sell other products like crisps and chocolates. The vending machines can only be located in areas to which minors do not have access.

Further changes in the law will come into effect later this year, because the Ministry of Health is still finalising regulations. These include:

    * The use of picture-based health warnings on tobacco packaging. This will provide customers with truthful and vivid information about the harms of tobacco use in a way they can understand.

    * Pollution from tobacco smoke will be further reduced by restricting smoking in certain outdoor areas. Smoking will be moved away from entrances to buildings and smoking will be restricted in sports stadia, railway platforms, bus stops and al fresco dining areas. This means smoking at football, cricket, rugby and other sports stadiums will be regulated.

    * The introduction of cigarettes which self-extinguish, thereby reducing the risk of fires. Cigarettes cause about 5% of all fires in South Africa.

    * The terms 'low-tar', 'light' and 'mild' will be prohibited. Such labels suggest that 'light' cigarettes are less harmful than regular cigarettes, when they are not. Smokers who switch from 'regular' to 'light' cigarettes do not reduce their intake of tar or nicotine, or the risk of disease.

    * Regulate the chemicals that can be added to tobacco products and require tobacco manufacturers to disclose the harmful additives used in the manufacturing process.

The National Council Against Smoking (NCAS) has welcomed the new legislation as one that "will have dramatic, important and far-reaching effects on public health and the tobacco industry's marketing activities."

NCAS director Dr Yussuf Saloojee said only 22% of South Africans smoked while four out of five people (78% adults) did not smoke and did not want to be exposed to tobacco smoke in public places.

"Smoking remains a leading cause of premature, preventable death in South Africa. Tobacco kills 44 000 South Africans every year (three times more than motor car accidents). Our efforts to reduce the death toll will be helped by the new legislation," said Dr Saloojee.

Other important efforts are being made by one local company that has introduced a much needed outdoor ashtray solution.

Non-Smoking Paris?

Without getting political, what do you think of when someone refers to France? Perhaps you would say the Eiffel Tower, the beret, outdoor cafes and of course smoking. Every nation has it's own typecast and smoking has always been one associated with the French but now it seems as if that may be changing. North America, as we all know, has been implementing non-smoking laws for years and now it is happening globally.

Perhaps you would like to know how exactly France is changing? Smoking is generally well tolerated, but is now restricted to specific areas. Cigarettes are barred from a good number of places, in particular enclosed public buildings and public transport.

If you are staying at a hotel you can smoke in your hotel room unless there is a specific sign forbidding it, but the hotel must conform to required ventilation standards. The public areas, like the breakfast room, reception and the corridors are generally no-smoking areas. All youth hostels are as a general rule entirely non-smoking.

When visiting restaurants they are obliged to provide designated smoking and non-smoking zones. As you go in you will be asked in which section you prefer to be seated. However, depending on the layout of some places, tobacco odors cannot always be prevented from drifting over to the no-smoking zone. Cafes and clubs remain the places where the law may be not so strictly adhered to: mutual respect is ultimately the only rule.

Smoking is strictly prohibited by law in shops, cinemas, theaters, hospitals and public services.

Smoking is against the law in schools, universities and other educational establishments, including the open spaces (playgrounds, stadiums...).

French law prohibits smoking in public transport, throughout the Paris and Ile-de-France network: metro, bus, RER, suburban trains and trams. Railway and metro stations are also entirely non-smoking, although you may come across certain recalcitrant individuals, despite the no-smoking signs and anti-smoking campaigns. Taxis are usually non-smoking.

Finally, at the office, some companies provide a special smoking area for their employees, but more and more office buildings have totally excluded any smoking at all. For example in the business district of La Defense, some high-rise blocks are completely cigarette-free.

I'm not sure that we will ever see the day when the entire world has become smoke-free but the fact that France is now becoming more strict should send all the smokers a strong message. The time to quit is now.

Alcohol And Drug Rehab Centers Will Treat Cigarette Smoking If New Law Passes

New York could become the first state requiring all outpatient addiction treatment programs to help their clients quit smoking under proposed legislation. The law would only encourage alcoholics and drug addicts to quit smoking, not require it. Those who agree to quit smoking would be provided with treatment including drugs to relieve cravings, while patients who refuse to quit could still be treated for other addictions as long as they don't smoke in the treatment facilities. The ban would also apply to treatment center workers. Whether this will increase the success rates of alcohol and drug rehab is in dispute.

New Jersey has required residential addiction programs to treat nicotine addiction and be smoke-free since 2001, but officials in New York say it would be the first state to require smoking cessation efforts in outpatient programs, which account for two-thirds of the 1,100 treatment alcohol and drug rehab programs in the state. Programs in New York that fail to comply with the smoking regulations could lose state certification and would have to stop treating clients.

It has generally been thought that asking patients to quit smoking while fighting addictions to alcohol or drugs like heroin or cocaine is asking too much. But state officials say a deeper understanding about addiction "triggers" and the dangers of tobacco itself have changed the consensus. Karen M. Carpenter-Palumbo, the commissioner of the substance abuse agency that oversees all state-sanctioned alcohol and drug rehab facilities, said in a written statement, "We now know that's not true. Including tobacco dependence while treating other addictions actually leads to higher recovery success rates. We need to focus on the overall wellness of our patients and not ignore this deadly addiction."

However, the higher recovery success rates Carpenter-Palumbo refers to are disputed in the scientific community. One recent study from the University of Minnesota found that recovery rates are actually lower if patients are weaned off cigarettes while they are trying to break free of alcohol or drugs. And according to Dr. Richard Hurt, the director of the Nicotine Dependence Center at the Mayo Clinic, most studies have shown that treating nicotine addiction along with alcohol and drug addiction has no effect on treatment effectiveness.

According to the U.S. National Institute against Alcohol Abuse (NIAAA), between 80 and 95 per cent of alcoholics smoke cigarettes - three times higher than among the general population. And a recent Research Society on Alcoholism study using advanced magnetic resonance imaging on human brains found that cigarette smoking not only worsens alcohol-induced brain damage (which was already known) it also causes brain damage by itself. And there are strong links between some forms of cancer and the combination of drinking and smoking.

So it seems uncertain at this point if quitting smoking will help alcohol and drug abusers recover from their addictions and stay clean after completing alcohol or drug rehab. But even if only for the improvements in long-term mental and physical health, it seems to be a good idea to try quitting smoking while recovering from addiction at an alcohol or drug rehab center.

Regulations For Smoking Shelters

In making your preparations for the introduction of the Smokefree provisions on 1 July 2007 in the UK, it is advised that you are particularly careful with any plans for outdoor smoking shelters that could lead to significant wasted expenditure if it goes wrong. This guide aims to help you make the right choices, although it should not be relied upon as a definitive interpretation of the law of the UK Smoking Ban

What counts as a smoking shelter?

There is no legal definition, and you don't have to provide one. It will be illegal to smoke or allow smoking in enclosed or substantially enclosed premises, therefore a smoking shelter has to be less than substantially closed. This means that 50% of it's sides must be permanently open.

The location is also important, because building a structure like this with an open side too close to a wall or other obstruction could mean that it no longer complies. (the law refers to premises rather than structures, and an adjacent wall could be deemed to be part of the premises of your shelter.

Some other problems to avoid

    * You may need planning permission, depending on the size of the smoking shelter
    * You can't provide temporary covers for any of the open parts-this stops them being counted as permanently open
    * Customers outside your premises may cause noise or other nuisance problems for neighbours, and this may trigger a review of your certificate/licence
    * You will need to provide some form of bin for your customers litter

There are alternatives for smoking shelters such as :

    * Awnings
    * Umbrellas and Parasols
    * Golf umbrellas for customers to borrow
    * One Scottish pub has recently been loaning waterproof coats to customers, with "stolen from Buddies Bar" printed on the back

Another common mistake made by some in Scotland and Ireland has been to cover an existing yard with an awning. Because the yard has 4 walls and the awning provides a roof covering,even temporarily, the yard falls into the category of substantially enclosed premises even when the awning is withdrawn.

Ban Smoking in Public Places

Some businesses say that no one can smoke cigarettes in their offices. Some government has banned smoking in all public places. This is a good idea though it takes away some of our freedom, for it does great good to all people and the whole society.

As we all know that smoking is harmful to the health. But today more and more people smoke. The phenomenon has already become a serious public hazard. We should appeal our government to make relevant laws to control it. In my opinion, people must be prohibited from smoking in the public. If one violated the relative rules, they should be fined heavily.

There are three reasons, at least, for it. First and foremost, smoking can damage the environment our live now. The condition is very bad now. Smoking contributes to the decline of our environment. What is more, the smoking can hurt other people's health. For instance, sitting beside the smoker, a nonsmoker draw more smoke. Even though the nonsmoker doesn't smoke, after having drawn beside a few hours, the nonsmoker's health must be hurt. In this way, everyone can be hurt. If only smoking cannot be banned in public. Finally, smoking also can damage smoker's lung. If our government makes the relevant laws, the number of the smokers can reduce immediately. At some point, the health of smoker can be reserved.

To conclusion, smoking should ban in public as quickly as possible. For smoker, it is better for them to quit this bad habit.

Tougher Tobacco Laws Take Effect

Tobacco is a killer and new laws are being implemented to prevent the nation's youth from becoming the latest statistics of the killer. After a year of waiting, President Obama signed the bill with the intent of curtailing tobacco use in the young and to educate consumers on the drug. The law officially went into effect on June 22, 2010 and include the following three active provisions:

    * New limitations regarding the sale, distribution and marketing of tobacco products to those under age 18
    * Rules that limit the misleading language on cigarettes and smokeless tobacco products such as light," "mild," or "low"
    * The law requires better labeling methods on smokeless tobacco products.

For decades, tobacco use has been a major contributor to the nation's mortality statistics. The Centers for Disease Control and Prevention estimates that smoking causes nearly 1 of every 5 deaths (nearly 443,000) of the countrys annual death toll. Additionally, smoking increases the risk of contacting numerous diseases including:

    * Coronary heart disease by 2 to 4 times
    * Stroke by 2 to 4 times
    * Men developing lung cancer by 23 times
    * Women developing lung cancer by 13 times
    * Dying from chronic obstructive lung diseases by 12 to 13 times

According to the Surgeon General, tooth decay is the most common chronic childhood disease and the new tobacco laws may also have a positive affect on that statistic. Smoking and smokeless tobacco products are major contributors to several oral care issues such as tooth decay, mouth cancer and tooth loss. Although these problems may not occur immediately in the youngest tobacco users, over time constant use will increase their risk of developing health issues associated with the behavior.

If you are parent concerned about your children smoking, the best move is to lead by example and stop smoking yourself. Visiting your dentist can be the first step in breaking the habit. The American Dental Association (ADA) "offers a variety of materials and information designed to help dentists assist patients who want to quit tobacco and prevent youth tobacco use." A discount dental plan can help offset the expenses associated with the visit and will be a valuable tool to ensure the continued oral health of both you and your loved ones.

Smoking In Public Places

Smoking is an outright public nuisance, which should be restricted to the privacy of ones home or other private venues. However, smoking in public places is a privilege that should be snuffed out for good. Smoking is one of the longest lasting bad habits that has permeated American culture since the founding of the country. Its longevity is a testament to its addictiveness.

From the very beginning, smoking was a controversial habit, which was frowned upon due to its addictive nature. One of the original English settlement companies, The London Company, discouraged its American colonists from growing tobacco since it contained some habit-forming compound. Smoking was called "a vile and stinking habit dangerous to the lungs" by King James I in a booklet he wrote attacking tobacco after its introduction into England.

Smoking brings out the worst in otherwise decent people. When a smoker is asked to extinguish their cigarette because the smoke offends a non-smoker, many smokers will argue that they have a right to smoke. There is no truth to that statement. Smoking is a privilege, not a right. However, the Declaration of Independence does say that we have a right to Life, Liberty, and the pursuit of happiness. It has been proven that cigarette smoking is an extremely dangerous habit to both the smoker and non-smokers that inhale their second hand smoke. Anything that endangers a persons health, infringes upon that persons right to life as guaranteed by the Declaration of Independence. Therefore, a persons' right to life is superior to a persons smoking privilege.

There are many reasons that smoking in public should be banned. One of the most important reasons is that smoking is a public health risk. Second hand smoke is sometimes referred to as environmental tobacco smoke. In years past, there were theories that second hand tobacco smoke caused health problems in non-smokers. Doctors now say there is no doubt that second hand smoke causes an increased risk of health problems to non-smokers. Ross Brownson, Ph.D., a professor of epidemiology at the St. Louis University School of Public health says, "Environmental tobacco smoke is clearly a cause of lung cancer in nonsmokers. If your spouse smokes or you are around somebody who smokes, don't breathe their smoke". Non-smokers may also be getting the worst effects of smoking because they are inhaling cigarette smoke without the benefit of the cigarettes filter.

Second hand smoke greatly increases the risk of bronchitis and lung cancer. In fact, smoking is the cause of ninety-five percent of all cases of chronic bronchitis. In the Department of Health and Human Services report Healthy People 2010: Understanding and improving Health smoking is cited as the single most preventable cause of disease and death in the United States. According to Dr. Peters-Golden, breathing second hand smoke can increase the likelihood of acute bronchitis because even one exposure to cigarette smoke poisons the cilia in a persons lungs.

Since it has been proven that environmental tobacco smoke can cause health problems such as lung cancer and bronchitis in non-smokers, banning smoking in public places would lessen the rates of those illnesses in the non-smoking population. If these non-smokers were not endangered by second hand smoke, they would not contribute to the strain on an already stressed health care system.

The tobacco smoke that lingers after a cigarette has been lit can cause damage to property. Smoke can dull paint, ruin pictures, and cause photographs to deteriorate. If a person who chooses to smoke wants to destroy their own property, that is their choice to make. However, smokers do not have the right to destroy public property, to which all taxpayers contribute.

Wherever there is public smoking there is always the very public and unsightly mess of cigarette butts that litter the ground. At many public places such as stadiums and parks there can be hundreds of used cigarettes on the ground. In many locations, tossing discarded cigarettes on the ground is against the law. Apparently, many smokers do not care about the law and toss their used cigarettes on the ground with impunity.

Clearly, smoking is a scourge upon our society that needs to be eliminated. In many cases, smoking is a social habit. Bans on public smoking will greatly reduce the amount of social places where smokers can meet, socialize and smoke. Banning smoking in public places would not only clean the air of second hand tobacco smoke, but also clear the ground of the infestation of discarded cigarettes.

How to Quit Smoking Without Annoying Anyone

Everyone wants to quit smoking... except of course for those who were wise enough not to start in the beginning. But those of us who were wise, are also very judgmental (not too wise) of those who continue to smoke even though they know that there are hundreds of statistics that say smoking causes death of some sort.

I have a mother-in-law who has emphysema but continues to smoke. I want to shake her and say "What in the world are you doing?? You're going to die if you don't stop smoking!" but I know better. She is my mother-in-law you know... and would most likely be my X-Mother-in-Law if I said that to her.

Anyway, smoking is a serious thing. I have been told it is extremely difficult. I think the reason it is so hard to quit is because ones desire to quit smoking most of the time is just not as strong as ones desire to smoke... period. That is why I think most attempts to stop smoking do not work.

So when looking for a way to stop smoking, look for a way that would make your desire to stop smoking greater than your desire to smoke. My goodness, this is starting to sound like a math equation. But hey, maybe if we turn it into one, it will make more sense. The equation is...

Desire to quit smoking > Desire to smoke (for those who stunk at math, ">" means "greater")

Since we are into equations now, we mine as well add another:

Smoking = Death (ok, but who is being judgmental).

Anyway, the following ways to quit smoking do nothing to change ones desires and therefore, are typically ineffective:

    *  Patches (Have you ever heard of anyone that stopped smoking by using this method... and how many times have you tried this and it didn't work?)
    * Cold turkey" (They should probably call this "hot turkey" instead of a cold turkey since you wouldn't want to get near someone who is quitting smoking "cold turkey"!)
    * Exercise (How many people do you know who smoke and exercise, too??)
    * Chewing Gum (How much sense does this make? Typically most people who want to stop smoking are older and wouldn't chew gum to save their life unless they wanted all of their fillings to come out. )

So what is the best method to quit smoking? You need to change your mind... change how you think... change what you find "appealing"/desirable.

So how is that done? Aha! The answer is simple... psychology. Think about it.  Remember how you manipulated your kids... I mean "trained them". How many ways did you use psychology to get them to do what they should do?? Be honest. It works! So when looking for a method to stop smoking, look for a class or a book ... one that manipulates... I mean "trains" your brain to make your desire to quit smoking greater than your desire to smoke. It's that simple.