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The Tobacco Public Policy Center at Capital University Law School Ohio's Tobacco Law Resource |
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Federal LawsSmoking RestrictionsAirplanes and Airports General Rule: The federal government prohibits smoking on all U.S. airline flights arriving in or departing from the United States. 49 U.S.C.A. § 41706 (a) (2005). Enforcement Agency: The Federal Aviation Administration enforces the smoking restriction on airline flights. Penalties: Civil fines for smoking on an airline flight range from $2,200 for smoking in an airplane seat or cabin to $3,300 for smoking in an airplane lavatory. Tampering with a smoke detector installed in an airplane lavatory is punishable by a $2,200 fine. 14 C.F.R. § 121.317(g), (h), (i) (2005); 49 U.S.C.A. § 46301 (2005). Day Care Facilities General Rule: The federal government prohibits smoking in any facility for early childhood development services (such as Head Start) if the facility accepts certain federal funding or is in any way under the authority of the U.S. Department of Health and Human Services. 20 U.S.C.A. § 6083 (2005). Penalties: Violators of the federal law are subject to fines of up to $1,000, but fines may not exceed the amount the facility received in federal funding. 20 U.S.C.A. § 6083 (2005) Federal Government Buildings General Rule: The federal government prohibits smoking in all offices owned or used by the executive branch of the federal government, including office all executive branch departments and agencies. 41 C.F.R. § 102-74.315. Exceptions: Smoking is permitted in designated areas that are physically enclosed and properly ventilated to ensure all tobacco smoke is immediately removed to the outside; in federally owned buildings leased to private citizens or businesses; and in federal residential facilities and privately owned offices that house “duty stations” for one or more federal employees. The head of an agency may allow narrow exceptions for smoking when needed to accomplish an agency's mission. Enforcement Agency: The U.S. General Services Administration and heads of the government agencies or departments on whose property a violation has occurred. Penalties: Violators may be fined or subject to imprisonment for up to 30 days. 41 C.F.R. § 102-74.315. Libraries General Rule: Under federal law, smoking is prohibited in a library that receives certain federal funds, has a children's book section or provides child care services. 20 U.S.C.A. § 6083 (2005). Enforcement Agency: the U.S. Department of Health and Human Services enforces the federal law. Penalties: For federal violations, fines of up to $1,000 may be assessed, but may not exceed the amount the facility received in federal funding. 20 U.S.C.A. § 6083 (2005) Nursing Homes and Boarding Care General Rule: Medical centers, nursing homes, or domiciliary care facilities operated by the U.S. Department of Veterans Affairs must allow a suitable indoor designated smoking area, which is ventilated as required by law or is in an area detached from the facility, is accessible to patients or residents, and has appropriate heating and air conditioning for those persons receiving care or services who wish to smoke tobacco products. 38 U.S.C.A. § 1715 (2005). Prisons and Jails General Rule: Federal law prohibits smoking in all federal correctional facilities and vehicles except in interior areas designated by the prison warden and outside facility buildings away from entrances and exits. 28 C.F.R. §§ 551.160 – 62 (2005) Enforcement Agency: U.S. Bureau of Prisons. Penalties: Staff and inmates who violate this provision are subject to disciplinary action. Public Transporation General Rule: The Federal Government prohibits smoking on all buses transporting passengers in interstate service. 49 C.F.R. § 374.201 (2005) Exception: This prohibition does not apply to charter carriers. Enforcement Agency: U.S. Department of Transportation. Penalties: Violators are subject to a penalty of $550. Schools General Rule: Smoking is prohibited in any kindergarten, elementary or secondary school or library serving children under the age of 18 years if federal funds are used in the school. 20 U.S.C.A. § 6083 (2005). Exceptions: Neither state nor federal law covers outdoor school grounds. Some municipalities, school districts and school administrators, however, have extended the tobacco prohibition to grounds. Enforcement Agency: The federal law is enforced by the U.S. Department of Health and Human Services. Penalties: Violations of the federal law are subject to fines of up to $1,000, but may not exceed the amount the facility received in federal funding. Sale, Distribution & Display Requirements for Tobacco ProductsSmuggling General Rule: No person can sell, distribute, acquire, hold, own, possess or transport, for sale or distribution, or import or cause to be imported for sale and distribution for domestic consumption, any package of cigarettes if the package is labeled “For Export Only,” “U.S. Tax-Exempt,” “For Use Outside U.S.,” or similar wording indicating that the manufacturer did not intend that the product be sold in the United States. 26 U.S.C.A. § 5754 (2005). Exception: The federal law does not apply to cigarettes imported or reimported into the United States for personal use and cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise as required by federal law, unless the cigarettes are brought back into the customs territory for resale. Enforcement Agency: U.S. Internal Revenue Service. Penalties: Violations of the federal law can range from civil to criminal penalties of up to $10,000 and imprisonment for up to 5 years. All property intended for use in violating this law shall be forfeited to the United States. 26 U.S.C. §§ 5761 – 5763 Television, Radio and other Broadcast Advertising General Rule: Cigarettes, smokeless tobacco products, and “little cigars” approximately the size of a typical cigarette or smaller may not be advertised on any medium of electronic communication under the jurisdiction of the Federal Communications Commission (such as television or radio). 15 U.S.C.A. §§ 1335, 4402 (2005). Arguably, this provision prohibits Internet advertising as well, although this issue has not beenadjudicated. Enforcement Agency: The U.S. Department of Justice and, in some situations, the Federal Trade Commission. Penalties: Violation of this prohibition is a misdemeanor and is punishable by a fine of up to $10,000. 15 U.S.C.A. §§ 1338, 4404 (2005) Sponsorship & Promotion of Tobacco ProductsLottery General Rule: Nothing which is or represents a ticket, chance, share or an interest in a lottery shall be placed in or on any package of tobacco products or cigarette papers. 26 U.S.C.A. §§ 5723, 5762 (2005). Enforcement Agency: Federal law enforcement authorities, including the U.S. Department of Justice and the Internal Revenue Service. Penalties: Violators may be subject to a fine of up to $1,000 or up to one year imprisonment, or both. Tobacco Taxes & PricingFederal Taxes General Rule: The Federal Government imposes an excise tax of 39 cents per pack of “small cigarettes” that is, regular cigarettes (weighing less than 3 pounds per thousand), 82 cents per pack of “large cigarettes” (weighing more than 3 pounds per thousand), 58.5 cents per pound of snuff tobacco, 19.5 cents per pound of chewing tobacco, $1.10 per pound of pipe tobacco, 1.22 cents for each 50 cigarette papers, 2.44 cents for each 50 cigarette tubes and $1.10 per pound of roll-your own tobacco. Small cigars (weighing less than 3 pounds per thousand) are taxed at $1.83 per thousand and large cigars (weighing more than 3 pounds per thousand) are taxed equal to 20.719 percent of the price for which they are sold, but not more than $48.75 per thousand. 26 U.S.C.A. § 5701(2005) Enforcement Agency: U.S. Internal Revenue Service and the Bureau of Alcohol, Tobacco and Firearms Penalties: Violators of federal taxation laws are subject to substantial civil and criminal penalties, which can range from $1,000 to $10,000 in fines. In some cases, violators must pay five times the tax liability on contraband tobacco products; in other cases, the penalty can include up to five years of jail time. Contraband tobacco must also be forfeited. 26 U.S.C.A. §§ 5761 – 5762 (2005). Disclosure & ReportingIngredients Report General Rule: Federal law requires manufacturers of smokeless tobacco products and manufacturers, packagers and importers of cigarettes to provide an annual list of ingredients added to their products. These lists are not brand-specific, do not identify the relative amount of each ingredient, and are not made public. 15 U.S.C.A. §§ 1335(a) (2005). Enforcement Agency: The U.S. Department of Health and Human Services enforces the federal law. 15 U.S.C.A. §§ 1339 (2005). Penalties: A violation of the federal law is a misdemeanor carrying a fine of up to $10,000. 15 U.S.C.A. §§ 1338 (2005). Health Warning LabelsCigarette Warning Labels General Rule: Under federal law, cigarette retail packages must display one of a series of rotating messages prescribed by the Federal Trade Commission. Cigarette manufacturers, packagers and importers may not advertise cigarettes without one of these mandatory warning labels. Neither state nor local governments may require additional health warnings for cigarette packaging or advertising. These labels cannot be altered or deleted. 15 U.S.C.A. §§ 1333 (2005). Enforcement Agency: The Federal Trade Commission is responsible for approving labeling plans. Penalties: Failure to display the cigarette health warning or to display the warning properly is a misdemeanor, punishable by a fine of up to $10,000. 15 U.S.C.A. § 1338 (2005). Miscellaneous Federal Tobacco-Related LawsThe major federal acts and rules affecting the use of tobacco products have included, in chronological order:
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