Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 
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"Advocate for local government legislative and regulatory autonomy to control tobacco. Support initiatives to repeal preemptive statutes or replace preemptive language in existing state legislation with specific non-preemptive language. Support the inclusion of specific anti-preemption language in all tobacco control legislation and oppose legislation containing any preemptive language. Expose legislative tactics that seek to rescind existing local tobacco control ordinances or invoke ‘super-preemption' of all local tobacco control legislation through language added to minor or unrelated bills."

Association of State and Territorial Health Officials
Policy Statement on Tobacco Use Prevention and Control, July 2000

Tennessee

Many workplaces in Tennessee are smokefree as of October 1, 2007. The law was a big step forward for public health by protect many workers, but unfortunately the law exempts workplaces with four or fewer employees, and any restaurant or bar that chooses to prohibit people under age 21 at all times. Read Tennessee's smokefree law.

To learn more, visit Tennessee CHART or the Tennessee Department of Health.
To report a violation, call 1-800-293-8228 or fill out an online form.

Tennessee, one of the states left most behind in our national movement, built upon the earlier success of enacting a 100% smokefree law in 2006 for all government owned and occupied buildings, including correctional facilities.


Tennessee state law preempts local control and (TN CODE ANN. § 39-17-1551) states, "The general assembly intends by this part and other provisions of Tennessee Code Annotated to occupy and preempt the entire field of legislation concerning the regulation of tobacco products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, by any agency or political subdivision of the state or any agency thereof is void; provided, that cities, counties and counties having a metropolitan form of government may regulate the use of tobacco products in buildings owned or leased by such political subdivisions; and provided further, that airport authorities created pursuant to the provisions of title 42; utility districts created pursuant to the provisions of title 7; and special school districts may regulate the use of tobacco products in buildings owned or leased by such entities. Notwithstanding any other provision of the law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall shall retain the right to determine the policy on the use of tobacco products within such person's establishment."

Read more about current tobacco-related legislation in Tennessee.

Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2007.

Tennessee's 2010 Legislative Session: January 3 - May 27, 2010 (est.)


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