Governor Kaine Introduces Smoking Ban Legislation

On January 7, 2008, Governor Timothy M. Kaine proposed legislation for a statewide ban on smoking in restaurants, including dining establishments in public and private clubs. The legislation also clarifies the definition of a restaurant for purposes of the smoking ban.

Standing with members of the Hampton Roads Mayors and Chairs Caucus, the Virginia Beach Restaurant Association, General Assembly members, and medical and public health officials at Hot Tuna Bar & Grill in Virginia Beach, the Governor noted the public health risks of secondhand smoke.

“The scientific evidence on the health risks associated with exposure to secondhand smoke is clear and convincing,” said Governor Kaine. “Recognizing the negative health effects and high public costs of secondhand smoke, Virginia must act to protect the workers and consumers in its restaurants.”

To send your comments to the Governor on this proposed legislation, visit our online form.
To contact your legislator, visit the General Assembly site.

The Virginia Department of Health estimates that secondhand smoke is responsible for 1,700 deaths per year. The Campaign for Tobacco Free Kids estimates that the Commonwealth spends $124.9 million a year on health care expenditures related to secondhand smoke exposure.

The proposed legislation changes the definition of a restaurant to any food establishment – including dining establishments of public and private clubs – where food is available for sale and consumption by the public and includes the areas of a restaurant where food is prepared, served or consumed. The proposal excludes exterior dining areas of food establishments from the ban.
The recommendation for this definition was provided by the Department of Health, who held several public input sessions last year with interested groups and citizens on constructing the definition for purposes of a smoking ban. The Medical Society of Virginia, the Virginia Chapter of the American Heart Association, the Virginia Chapter of the Lung Associations, the Cancer Society, March of Dimes, and American Academy of Pediatrics participated in the process.

Restaurant employees face major health risks when exposed to secondhand smoke at work. According to the American Lung Association, levels of secondhand smoke in restaurants and bars were found to be 2 to 5 times higher than in residences with smokers and 2 to 6 times higher than in office workplaces. Additionally, the Journal of Occupational and Environmental Medicine reports that food service workers have a 50 percent greater risk of dying from lung cancer than the general population, in part, because of secondhand smoke exposure in the workplace.

In October 2006, Governor Kaine signed Executive Order 41 banning smoking in all state buildings and vehicles in order to improve the health of Virginia’s employees and minimize health risks in the work place.