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Tobacco Use and Secondhand Smoke Exposure: Smoke-free Policies

This page contains tools and resources for Tobacco Prevention and Education Programs (TPEP) programs working with local governments to adopt policies that expand public health protections for people in Oregon.  Local jurisdictions are working to expand laws that protect workers and the public from secondhand smoke in both indoor and outdoor environments.


Background

Oregon's Indoor Clean Air Act (ICAA) protects nearly every person in Oregon from the health risks of secondhand smoke.  The ICAA prohibits smoking in the workplace and within 10 feet of all entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents. 

In 2015, legislation passed (HB 2546) that expanded the ICAA to include the use of “inhalant delivery systems.” Inhalant delivery systems are devices that can be used to deliver nicotine, cannabinoids and other substances, in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices. Under the law, people in Oregon may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurants, bars and other indoor public places. There are no exemptions for electronic cigarette retail outlets, smoke shops, bars or other venues.

In 2017, Governor Brown signed Tobacco 21 (SB 754) into law.  The law prohibits the distribution and sales of tobacco products and inhalant delivery systems to those under the age of 21.

The ICAA contains exemptions that allow smoking of tobacco products inside certified smoke shops and certified cigar bars.  In addition, up to 25 perfect of sleeping rooms in a hotel or motel may be designated as rooms in which smoking is permitted.

Current requirements for smoke shop and cigar bar certification are summarized in this matrix comparing options for smoke shop and cigar bar certification. In these exempt businesses, as well as in areas not covered by the ICAA (such as outdoor dining areas), workers and the public continue to be exposed to secondhand smoke.

Preemption language was removed from the ICAA in legislation passed in 2007 allowing local jurisdictions to pass policies that are stronger than the state law. A local government can adopt a comprehensive ordinance prohibiting smoking in all workplaces and public places, both indoors and outdoors. A local law can prohibit smoking in places not addressed in state law, such as in all businesses (i.e. not exempting smoke shops) outdoor seating/dining areas and other unenclosed public places. A local law may be stronger than the state law, but it may not be weaker (i.e. reduce or take away restrictions and prohibitions in the state law).


Tools and Resources

Assessment Resources

Policy Development Resources 

Other Resources

 

ICAA Expansion Evaluation
Indoor Clean Air Act Expansion Evaluation - The Indoor Clean Air Act Expansion Evaluation (ICAAEE) seeks to increase understanding of factors that will lead to success in expanding effective indoor clean air policies in all counties.

Resources for Specific Types of Workplaces and Public Places 

Outdoor Workplaces and Public Places

Outdoor Areas

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