A.
The 1986 Surgeon General's Report on "The Health Consequences of
Involuntary Smoking" clearly documents that nonsmokers are placed
at risk for developing disease as a result of exposure to environmental
tobacco smoke or secondhand smoke. In 1993, the Environmental Protection
Agency classified environmental tobacco smoke as a known human carcinogen.
Numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution, and that breathing secondhand smoke is a
cause of disease, including lung cancer, in nonsmokers.
B.
Exposure to environmental tobacco smoke presents a serious and substantial
public health risk. Of particular concern is the workplace environment
of nonsmokers, where they may be subjected to sustained, involuntary
exposure. At special risk are children, the elderly, individuals with
cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease.
C.
The United States Department of Health and Human Services has concluded
that nicotine is as addictive as cocaine or heroin, and the Surgeon
General found that nicotine exposure during adolescence, a critical
window for brain development, may have lasting adverse consequences
for brain development. In addition, the Institute of Medicine (IOM)
concluded that raising the minimum age of legal access to tobacco
products to 21 will likely reduce tobacco initiation, particularly
among adolescents 15 to 17, which would improve health across the
lifespan and save lives. Research on raising the minimum legal drinking
age to 21 has reduced alcohol consumption among youth and protected
drinkers from long-term negative outcomes in adulthood, including
alcohol and other drug dependence.
D.
Studies have shown that vending machines afford an opportunity for
unauthorized sale of cigarettes to minors. Evidence further demonstrates
that tobacco is extremely addictive. Approximately 80% of all smokers
begin smoking before age 18 and more than 3,000 young people begin
smoking every day in this nation.
E.
The Cape Cod Regional Tobacco Control Program Advisory Panel (comprised
of representatives of the Boards of Health from the Towns of Barnstable,
Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee,
Nantucket, Orleans, Provincetown, Sandwich, Truro, Wareham, Wellfleet
and Yarmouth) urges all public places and workplaces to become voluntarily
smoke-free before November 1, 1996.
F.
Environmental tobacco smoke is a leading public health problem in
the Town of Barnstable and throughout the United States; and
G.
There exists conclusive evidence that environmental tobacco smoke
causes cancer, cardiovascular disease, respiratory disease, negative
birth outcomes, allergies and irritations to the eyes, ears, nose
and throat of both smokers and nonsmokers; and
H.
The Environmental Protection Agency (EPA) has designated environmental
tobacco smoke to be a Class A carcinogen, similar to radon and asbestos,
with no known safe level of exposure; and
I.
Children, the elderly, individuals with cardiovascular disease, individuals
with impaired respiratory function, and asthmatics are among those
people who are particularly susceptible to the harmful effects of
inhaling environmental tobacco smoke.
This regulation is promulgated under the authority granted to
the Barnstable Board of Health pursuant to MGL c. 111, § 31,
that "[b]oards of health may make reasonable health regulations."
It is also promulgated pursuant to MGL c. 270, § 22(j),
which states in part that "[n]othing in this section shall permit
smoking in an area in which smoking is or may hereafter be prohibited
by law including, without limitation: any other law or...health...regulation.
Nothing in this section shall preempt further limitation of smoking
by the commonwealth or...political subdivision of the commonwealth."
