Board of Health Curbs E-Smoking In Pierce County

Smoking in public places -- even with electronic cigarettes -- will be tougher starting today under two new regulations imposed Wednesday by the Tacoma-Pierce County Board of Health.

"We're pleased to have come to an agreement that balances the protection of Pierce County youth from nicotine while making allowances for adults who are looking for ways to kick a smoking habit." Dick Muri, chairman of the Board of Health, said in a department news release prepared prior to final public comments and formal board action.

Muri said the Health Department has long had an aggressive stance against tobacco.

The first regulation clarifies the county Health Department’s interpretation of Washington state’s “Smoking in Public Places” law.  It permits local enforcement of violations, including assessment of fees and fines ranging upward of $245.

A companion regulation, titled “Restrictions on Sale, Use and Availability of Electronic Smoking Devices and Unregulated Nicotine Delivery Products,” focused on the sale and use of electronic cigarettes.

Greg Jacoby, the department’s legal counsel, said that Wednesday’s board action prohibits sale of e-cigarettes to anyone under age 18.  E-cigarettes also will be allowed only in public places where minors are lawfully prohibited, places of employment that are not public and retail outlets that exclusively sell or promote electronic smoking devices.

Jacoby said several other jurisdictions have tackled the issue of smokeless cigarettes in recent months.  King County was the first in the state to tackle the issue, he said, by imposing stricter regulations.

Jacoby and some board members noted that regulation of e-cigarettes ultimately should be addressed by the state to establish uniformity among jurisdictions.

The Tacoma-Pierce County Health Department’s action concluded a public process on both regulations that began May 4.

Board members weighed the lack of hard data regarding health effects of e-cigarettes against anecdotes that members of the public presented about how they helped them and others quit smoking.

Nearly 20 people spoke Wednesday, mostly in opposition to the restrictions, arguing that health officials were making assumptions not supported by scientific evidence.  Many objected to language characterizing the activity as “smoking,” since e-cigarettes do not produce any smoke or involve combustion.  Instead, the devices emit water vapor.

Board members unanimously agreed it was appropriate to regulate smokeless devices to protect the public from a risk that is not fully quantified.  At the same time, the proposed restrictions were eased from the original proposal in response to issues raised during the hearings.

Board members also asked to bring the regulation back in two years to see what concrete health evidence has emerged in the interim -- or sooner if hard data becomes available.

"We are very pleased at the level of engagement and thoughtful input we received from members of the community," said Dr. Anthony L-T Chen, department director.

"In public health, we often have to make hard decisions to provide appropriate health protection for the whole community.  The resolutions passed today strike the right balance for protecting the general public from the dangers of smoking,” Chen said in a news release prepared prior to the board’s vote.

“I applaud the Board of Health members for their thoughtful consideration of these issues."

According to the Centers for Disease Control, tobacco use is the No. 1 cause of preventable deaths in the United States and is responsible for one in every five deaths annually. In Pierce County, 17 percent of adults smoke, representing more than 100,000 people, according to department figures.