News Release
For Immediate Release: January 15, 2008
Contact Person: Diane Lee, Public Information Officer, 301-334-7730
Clean Indoor Air Act of 2007 to Impact Local Businesses
The final Clean Indoor Air regulations were released by the Maryland Department of Health and Mental Hygiene on December 21, 2007, and are the final step in making Maryland a smoke-free state. These regulations require Maryland businesses to prohibit smoking in all indoor areas open to the public, and to post signs in areas where smoking is prohibited. The regulations, which go into effect on February 1, also prohibit smoking in at least 75% of a hotel or motel's guest rooms.
“The Clean Indoor Act, passed during the 2007 regular session of the Maryland Legislature and signed into law by Governor O'Malley, provides for fair and consistent statewide protection from secondhand smoke in indoor settings,” according to Garrett County Health Officer Rodney Glotfelty. “The experience of other jurisdictions that have implemented similar laws or ordinances is that a smoke free environment is a win-win for the business community as well as the health of its residents.”
On February 1 smoking will be banned in virtually all indoor public places in every Maryland jurisdiction, placing businesses in all communities on a level playing field. Private clubs are treated the same as public facilities and businesses. Outside of Maryland, at least 24 other states have enacted laws to create smoke-free restaurants; 18 of those states include smoke-free bars. Even entire countries – such as England, Ireland, Scotland, Uruguay, and New Zealand – have 100% smoke-free bars and restaurants.
No credible study has found a negative economic impact as a result of smoke-free laws. In 2006, former U.S. Surgeon General Richard Carmona issued a report that stated “The results of all credible peer-reviewed studies show that smoke-free policies and regulations do not have a negative impact on business revenues.” Additionally, an analysis by the Environmental Protection Agency found that implementation of smoke-free laws can reduce operating and maintenance costs of businesses that previously permitted smoking.
However, businesses that do feel their business has been negatively impacted may apply to the local health department for a temporary waiver from certain provisions of the Clean Indoor Act. To qualify for the waiver, a business owner will need to show either a minimum 15% decrease in sales of food and beverage, or that the owner has been unable to recover costs incurred from improvements made to reduce secondhand smoke exposure. The decrease in sales must occur in at least two consecutive months of smoke-free operation and not be related to other factors such as increased competition. Improvement costs had to be incurred before the law was signed in 2007.
In Garrett County, Environmental Health staff of the Garrett County Health Department will have the primary responsibility of enforcing the new regulations. In an effort to facilitate implementation of the law by bar and restaurant owners, an information pamphlet and complimentary signage is being mailed to all facilities this month as part of their permit renewal package. Health Officer Glotfelty stated that Health Department staff will also be happy to meet with facility owners or managers at their business location upon request. The Maryland Department of Health's website, www.mdcleanair.org , is also a good resource for area businesses and the public to learn more about all aspects of the Clean Indoor Air Act.
Public or business inquiries about the Clean Indoor Act of 2007 can be made to the Clean Indoor Air Help Line at 1-866-703-3266 or can be directed to Garrett County Environmental Health staff at 301-334-7760 or 301-895-3111. Any questions or concerns about indoor places not ordinarily open to the public with regard to Clean Indoor Air should continue to be directed to Maryland Occupational Safety and Health (MOSH) at 410-767-7233.