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. t C Jour.nal of Public Health Policy;; 4/4 Dec. 1983 I- . C ' The Cigarette Safety Bill: A Case.Study in Injury Control Advocacy STEPHEN P. TERET and' SUSAN DEFRANCESCO IGARETTES kilU people in two distinct ways: one way is slow; the other, rapid. Slow deaths occur by ean- cer, heart disease and lung disease. The less frequently C discussed rapid deaths occur to about 23oo Americans each year in housefires. These lives are lost and others are physicalliy and emotionally scarred by cigarettes and little cigars that do not have reduced heating capacity or do not burn out when left unattended, The unattended lit cigarette or little cigar frequently comes in contact with upholstered furniture, mattresses or bedding and creates a smoldering, fire that becomes a deadPy inferno. This tragic scenario repeats itself year after year in every state throughout the country, with the result that smoking is the leading cause of residential fire deaths and injuries. Aimed at ending this preventable human suffering, cigarette safety legis- lation~ has been introduced in the United States Congress and in ten state legislatures: Generally, the bills seek to have established a standard for cig- arettes and little cigars which would lower their propensity to ignite housefares. Although these several bills are generally similar, their content varies in some important areas. For example, the standards themselves are differently defined, and there are variations in terms of who is authorized to promulgate the standard. The Injury Control Council of the National' Association for Public Health Policy (N'APHP)', undertook an analysis of the cigarette safety issue and the bills designed to ad'di ess that issue. A prototype bill was prepared which was subsequently introduced in the Maryland' State Legislature. What follows is the text of that billi with a section by section analysis. It is ofCered both for use (with modification, where necessary) in other states, and as an example of the ability of a public health advocacy group to address the risk of death of thousands by a relatively simple piece of legislation~

TERET & DEFRANCESCO •'rHE CUGARETTE SAFETY BILL ~ A BILL ENTITLED AN ACT concerning Short' Fire Safety Standards title Cigarettes and Little Cigars Purpose FoR thepurposeofrequiringtheStateFirePrevenrionCom- Paragraph mission to adopt fire safety standards for cigarettes and little cigars sold or offered for sale in this State; providing for the standards to require that cigarettes and little cigars self-extin- guish or not ignite upholstered furniture or mattresses; pro- viding that, after a certain date, cigarettes and little cigars not meeting these standards may not be sold in this State; defin- ing certain terms; providing for the seizure of certain ciga- rettes and: little cigars and for the enforcement of this Act; and' generally relating to fire safety standards for cigarettes and little cigars. B Y adding to Function Article 38A-Fires and Investigations Paragraph Section 66 through 69, inclusive, to be under the new subtitle "Cigarettes and Little Cigars" Annotated Code of Maryland (1982 Replacement Volume) Analysis. According to the specifications required by Maryland law for bill drafting, the introductory material has three parts: the short title, the pur- pose paragraph, and the function paragraph. The general purpose of the title is to provide a brief characterization of the bill. The title is an impor- tant part of the bill because it serves as the bi11Ps label and will often chart the course the bill will take through the legislature (i.e., it can determine which committee the bill will be assigned to for hearings)L The short title gives a general impression of the bill's contents. The purpose paragraph describes the intent of the legislation in some detail and the function para- graph gives instruction as to where the proposed' legislation would fit into the state's codified law. The Maryland bill' was proposed as an amendment to that part of the Maryland Code entitled "Fires and Investigations" which authorizes the creation of a State Fire Prevention Commission and the promulgation of fire regulations.The considerations involvedin the decision ~. u - ---r- V1

S I a ( 442 JOURNAL OF PUBLIC HEALTH POLICY • DECEMBER 198'3 to present the bill as fire safety legislation as opposed to health legislation included influencing its assignment to a particular committee, emphasizing its feasibility and legitimacy as a fire prevention strategy, and benefiting from an existing administrative structure. Preamble WHEREAS, The Legislature findk that the United States Fire Administration has determined that smoking related fires arc the leading cause of residential fire fatalities and injuries in the United States; and! WHEREAS, Each year in the United'. States fires caused by cigarettes and other smoking materials kill' approxi- mately 2,300 pcople, injure approximately 5,8oo people, and result in property damage amounting to approximately S2io,ooo,ooo; and WHEREAS, In Maryland!, smoking related fires account for 45 percent of fire fatalities, causing 40 to 5o deaths each year; and WHEREAS, The purpose of this Act is not to prohibit smoking or to limit the uses of tobacco~ but to protect lives and property in this State by reducing the number of ciga- rette relatedl fires; now, therefore, Analysis. The preamble defines the scope of the problem the legislation addresses. The bi11Ps preamble includes the nationali ramifications of fires caused by smoking materials as well as the state consequences. This infor- mation puts the problem and its remedy in perspective and serves to emphasize its importance. Also, in order to state the bill's purpose accu- ratelyand negate the arguments of potential opponents, a "whereas clause" was included in the bill specifically stating that the intent of the legislation is not to prohibit smoking. Enacting SECTION 1. Be it enacted by the General Assembly of Clause Maryland, That the Laws of Maryland read as follows: Article 38A-Fires and Investigations Cigarettes and Little Cigars

C .v ,9 TERET & DEFRANCESCO • THE CIGARETTE SAFETY' BILL 4.43 Analysis. The Marylhnd State Constitution requires that all proposed M'aryland legislation contain the phrase "Be it enacted by the General Assembly of Maryland." Speciall attention must be paid to the unique requirements of each state with regard to the drafting process. A legislative aide can be of invaluable assistance in the initial preparation of a bill so that it will be acceptable to a potential sponsor. Sonic state governments may provide a bill-drafting manual that can~ be used as a handbook by the inexperienced drafter. Definitions 66. (A) In this subtitle the following words have the meanings indicated. (B) i"Cigarette" means any rol l for smoking mad'e wholly or in part of tobacco, the wrapper of which is made of paper or any other material except tobacco. (C), "Little Cigar" means any roll of tobacco wrapped in a leaf tobacco or any substance containing tobacco, other than a cigarette, of which 1,000 units w.cigli no more than 3 pounds. Analysis. The Definitions section of the bill is important because it defines those smoking materials that~ would be subject to the regulations promul- gated pursuant to the legislation. The definitions used in the Maryland bill are consonant with those used in bills of other states and the Federal bill. Promulgation 67. of Safety On or before July 1, 1984, the State Fire Prevention Com- Standards mission shall adopt fire safety standards for cigarettes and little cigars sold or offered for sale in this state. The Standards shall provide that either: (i) Cigarettes and little cigars, if ignited, will, stop burn- ing within a specified time period if the cigarettes or little cigars are not smoked during that period; or (2) Cigarettes or little cigars will not ignite upholstered furniture or mattresses. Analysis. The Maryland bill directs the State Fire Prevention Commission to adopt safety standards that would accomplish the goal of preventing K •-~1N

a- : .,- ¢.¢¢ JOURNAL OF PUiBLIC HEALTH POLICY • DECEMBER 1983 fires caused by cigarettes and little cigars. The bill envisions the creation of a performance standard rather than a design snandard, A performancee standard is the more flexible of the two. It authorizesxhe State Fire Preven- tion Commission, to.promulgate a standard' which would' require that a cigarette or little cigar sold in or offered for sale in Maryland perform in such a way that it is less likely to cause a fire. The performance standard does not require that the cigarette or little cigar be designed a certain way in order to perform according to the standardL Enforcement 68. (A) On or after July 1, 1985, cigarettes and little cigars that do not meet the standards prescribed by the State Fire Prevention Commission under this subtitle may not be sold or offered for sale in this state. (B) ~ If the state fire marshal, a fire inspector, a police offi- cer, or another law enforcement officer discovers any ciga- rettes or little cigars that, under the provisions of this sub- title, are not to be sold or offered for sale in the state, that person may seize and take possession of the cigarettes or little cigars. The seized cigarettes or little cigars shall be forfeited to the state and shall be destroyed. (C) The Attorney General maybring am action on behalf of the state to restrain further violations of this subtitle and for such other relief as may be appropriate. Analysis. This section of the Maryland bill provides severali law enforce- ment officers and state fire officials with~ the authority to enforce the law and empowers the state Attorney General to bring an action on behalf of the state in order to ensure compliance with the law. Prior to the hearings on the Maryland bill the state Attorney General's office was requested to review the legislation and comment on its constitutionality. An opinion letter written by an Assistant Attorney General can be an important tool in countering opponents' attacks on the bi11Ps constitutionality. A favorable letter was received from the Assistant Attorney General who felt that the only constitutionally questionable part of the legislation was Section (B) above. The Assistant Attorney General suggested that the bill provid'e for a hearing to be held' prior to seizure of any cigarettes or little cigars. The purpose of the hearing is to insure that the person in possession is given the opportunity to explain why the goods should not be seized.

( ~TERET & DE FRANCESCO • THE CIGARETTE SAFETY BILL Penalties 69. 445 Any person who violates this subtitle will be subject to penalties providcd' by section 13 of this article. Analysis. The penalties clause of the Maryland bill! rcfcrs to another Mary- land statute which lists the penalties for the violation of any regulation promulgated by the State Fire Prevention~ Commission-a fine of not more than $aoo or imprisonment for not more than io days, or both. An alternative is to create a penalties clause that would apply only to violators of the Cigarette Safety Act.. Effective SECTION 2. And! be it further enacted, That this Act shalll Date take effect July 1, 1983. Analysis. State law should be consulted to determine if the effective date for all bills must be uniform. The last two sections of the bill discussed above arc exalnples of those sections that may include provisions that can be changedl or amended dur- ing the legislative process at the insistence of an opponent. As long as the change would not compromise the bill's value or effectiveness, the ability to engage in such negotiations to safeguard or enhance other more vital provisions can be part of a successful strategy. DISCUSSION I The Maryland' Bill'1 was introduced'in Maryland's House of Delegates on February 4, 1982. Hearings were held before the Environmental Matters Committee on, March 2, 1982. Several public health workers including several'' lawyers and an epidemiologist testified in support of the bil1L A lawyer representing the Tobacco Institute, a private trade association of tobacco companies, offered testimony in oppositioni to the bill. The mem- bers of the Environmental Matters Committee did! not vote to have the billl presented to the full House of Delegates. The Cigarette Safety Act will only be reconsidered by the Maryland legislature if it is reintroduced during a future legislative session. Lit cigarettes are an important vehicle for fatal or disabling,injuries. Just as vehicles for some infectious diseases have been controlled, thereby dra- matically reducing the incidence of those diseases, the majpr vehicle for housefire deaths can be controlled by the type of legislation described in this article. Often, however, the most effective methods for reducing in-

M1 0 .C , f' 4 446 JOURNAL OF PUBLIC HEALTH POLICY • DECEMBER 1983 juries are overlooked. Instead, attempts are made to modify the behavior of individuals-a technique which has not been proven successful in the ficld! of injury control. . Educating the careless; smoker, who while drunk or asleep drops his cigarette on a mattress or sofa, is not the solution of choice for this prob- lem. Nor is redesigning unsafe bedding or furniture which may remain in homes for decades before being replaced. But cigarettes can be rede- signed to lower their propensity to ignite housefires. Patcnts for fire-safe cigarettes already exist. What is nceded~ is adequate motivation of the cigarette manufacturers to address this public health problem in the most effective manner, and adequate motivation of legislators to enact needed laws. CONCLUSION! The legislative system is an arena in which the work of public health advocates can directly result in the prevention of death and injury. The discussion offered above is aimed at making,the reader aware of the process involived in drafting public health~ legislation~ so that he or she can learn to influence that process effectively. Working for the enactment of a law is a long process that often spans many frustrating years during which preventable injuries and death occur. A purpose, however, is serve& by the repeated introduction of the legislation over a period of years because it alerts the public and the legislature to a public health~ problemy imposing a responsibility and calling for a remedy. Aclznowledgment: The authors thank Jeanne Vacek for her very helpful assistance in the preparation~ of this article.

0 RECEIVED 6 1984 A J. STEVENS r ~., J).