TOOLKIT TO ESTABLISH A MUNICIPAL TOBACCO CONTROL PROGRAM

Municipal Regulations

Municipal regulations are crucial in shaping tobacco control policies that safeguard public health by limiting access to tobacco products and fostering healthier communities. These guidelines help to mitigate the negative impacts of tobacco use, especially among vulnerable populations, by regulating sales practices, advertising, and distribution, enabling local health departments to effectively ensure compliance.

INFRASTRUCTURE

Current Regulations

Obtain and review all current tobacco sales and second hand smoke regulations for your municipality(ies). For the most part these will be health regulations. Check to see if any of these policies are contained in either city ordinances or town bylaws. Do they at least meet the current state law/federal law/State Attorney General regulations? If not, contact one of the TA providers to assist with revising the regulations.

Take note of what areas the regulations may exceed the state law. It will be helpful to make a chart for each town to refer to while in the field.  A sample chart is available below.

Sales Policy Chart Template

Enforcement

Does the board have a history of enforcement of the regulations as enacted? Does the municipality use non-criminal disposition for local policy violations (civil ticketing) or issue a health order or a combination of the two (i.e. non-criminal disposition fine for an unacceptable sale price for a cigar and state required fining amount for a sale to minor)? How will fines be issued in each municipality?

Court

In case of a fine non-payment or a legal challenge from a retailer who has been issued a fine, is a court of competent jurisdiction aware of the current regulations? Do they support the enforcement of them? Will you be attending any resulting court hearings or will the health director be representing the health department? What is the protocol for the city/town attorney to attend?  Does your city/town intend to issue an application for criminal complaint for non-payment of fines?