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I f I I I MiCHIGAN DEPARTMENT OF PUBLIC HEALTH M. $. Ru:en, M.D. D-r.ecor TO: Sonny Fong Office of Health Education FROM: John Insel Division of Food Service Sanitation SUBJECT: A Proposed Michigan Clean Air Act DATE: 8-29-80 After reviewing tentative wording in the proposed Act, we offer the following comments: ^ a) The term "restaurants" is but one type of food service establish- ~ ment. If the Act is to broadly address smoking in public eating A places, we suggest using the term "food service establishment." Z b) For over a decade, we have recognized the greatest number of ~ smokers and the greatest accumulation of smoke is found in taverns, ~ bars, and other food service establishments where liquor is served. On the other hand, smoking does not occur and, in fact, is not Q allowed in-high school cafeterias, hospital dining areas, and C other restricted areas. We suggest the Act contain more directed .~.~ verbage to clarify the intent of the Act. ~ c) Section 12605(1) contains a provision for allocating 50: of "any ~ room" in a public place as a nonsmoking area. It is unclear if this references-one-half of the square footage of the room or if the intent is to divide the seating area in half. d) The recommended air changes per hour would seem adequate for the size of most dining areas. For example, a 40' X 50' X 10' room would require a 2,000 CFM fan. Since the word "circulation" is used, we surmise the intent is to filter and circulate this air rather than exhaust it to the outside air. You should recognize an advantage and a disadvantage to this method. The advantage is total building exhaust does not increase and, therefore, total make-up air does not increase (a considerable savings in maintenance cost). The disadvantage is filtered air may not be as "clean" as outside air. e) The equipment required for monitoring carbon monoxide concentra- tions is not available in local health departments. Approximately ~ 100 units would have to be made available to these departments for ~ such testing. You may want to contact the Division of Occupational Health to determine the approximate cost. ~ ~ 1' f) Section 12609(1) provides for possible waiver from provisions of the Act. It is not clear which bureau, division, section, or local health department,etc., would represent the Department in granting such waivers. g) Our statute and rules contain two provisions which exempt food service establishments which were in operation prior to October, f th i ll i i i i h ons o new prov .s e a ng requ red to comply w t 1978, from be ~ C J law. If the proposed Clean Air Act is to apply to all food service establishments, it would be necessary to specifically address ~ these exemptions. ~ -244- L A•t1 1iO*

-2- h) Section 12609(5)(b) contains the provision to deleqate the administration and enforce.T.ent of the Act to caoable local health departments. Which o-lflce/division of the '"ic~ican Department of Public Health is responsible for imolementation if the local health deoartment does not deTonstrate the ability or willingness to administer or enforce the statute? i) Section 12611(2) and Section 12613(2) contain the term "may." You may wish to fully consider the ramifications of these terms. We are enclosing a copy of a survey which aoparently indicates relatively low interest by the dining public in nonsmoking areas. The survey was taken in 1977 by the National Restaurant Association, Chicaqo, Illinois. We would suggest that the Michigan Restaurant Association be included in your deliberations as the oraanization represents many ot the 25,000 fixed food service establishments we license each year._ Finally, the need for enforcement, an issue addressed several times by the Task Force, will not be clarified by the proposed Act. As we have indicated by public comment and personal discussions, county prosecuting attorneys prioritize their participation in criminal litigation accordina to community needs, e.g. assaults, larceny, homicide, etc. As a result, we have often encountered prosecutors reluctant to even prosecute a food service establishment operator who failed to obtain a license or who had failed to comply with the most basic requirements. We believe the issue of food service establishment operators failing to meet the provisions of a Clean Air Act will ultimately become a matter presented to orosecutinq attorneys. Failing to address this issue, e.o. providing an alterna tive interim enforcement procedure, may result in the Act becoming another unenforceable statute. We trust this information will assist you in your deliberations. JRI:DPB I i I I I I I I I r I L -245-