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HomeMy WebLinkAbout1994-05-10 - AGENDA REPORTS - TOBACCO CONTROLAGENDA REPORT myvager roval Item to be presented by: Michael Murphy UNFINISHED BUSINESS DATE: May 10, 1994 SUBJECT: TOBACCO CONTROL DEPARTMENT: MANAGEMENT SERVICES BACKGROUND On five previous occasions, the City Council has discussed enactment of a tobacco control ordinance. The provisions of the ordinance have centered around prohibitions of smoking in municipal facilities, public places, work places and restaurants. At the January 11, 1994, meeting, the City Council directed staff to hold two public meetings for purposes of receiving additional public comment on prohibitions of smoking in the work place and smoking in restaurants and bars. Furthermore, vending machine sales were also to be considered. City staff conducted three public comment meetings on the subject of local tobacco control. The meetings were held on April 5, April 6 and April 18. A 157 piece mailing was done to each restaurant and food service facility in the City inviting participation at any one of the meetings. Additionally, personal letters of invitation were sent to the approximately 75 people who testified at each of the five prior City Council sessions. On April 5, Mike Murphy met with representatives of several Canyon Country area restaurants to discuss their concerns regarding the tobacco control issue. Paid newspaper advertising and press releases rounded out the meeting outreach campaign. Approximately 50 different people, in total, attended the three meetings. The work place smoking ban drew very little comment. Those expressing a viewpoint focused primarily on allowing employers to determine smoking policies in conjunction with their employees. Limited comments, generally favoring elimination of tobacco vending machines, were made at the meetings. Continued To: y - 9 y Ages -1 Item: The City Council was provided a summation of oral comments made at the three meetings, copies of written comments and other materials submitted as part of the public meeting process. The vast majority of comments at the public meetings were reserved for the prohibition or limitation of smoking in bars and restaurants. Key issues identified by supporters of a smoking ban include health concerns, inability of restaurants to adequately separate smoking and non-smoking areas, the need to protect the health of food service workers, potential employee lawsuits, a significant number of cities having enacted some form of tobacco control ordinance, no significant loss in business in cities which have enacted an ordinance and the responsibility of government to protect its citizens from harmful situations. Key issues identified by opponents of restaurant smoking restrictions include establishing minimum levels of smoking and non-smoking seat areas, loss of business by restaurants in the City to restaurants in other jurisdictions (most notably Los Angeles County), significant negative impact already being faced by local restaurants from the recession and earthquake, potential job losses of food service workers resulting from individual restaurants losing business, letting restaurants decide for themselves based upon their individual customer base, government regulation of personal habits and the regular daily exposure of people to a variety of pollutants beyond tobacco smoke. Public comments generally supported the language presented in Ordinance 93-20 with the exception of the restrictions on bars and restaurants. The City Council may wish to consider a number of options which are presented in a non -preferential order: 1. Totally restricting smoking in all restaurants and bars in the City. 2. Totally restricting smoking in restaurants and bars which share the same facility but permitting smoking in stand alone bars.. 3. Specifying floor space or seating percentages which shall be assigned to smoking and non-smoking areas. For example, requiring that 75% of all seating capacity in a restaurant facility be devoted to non-smoking and a maximum of 25% be designated to accommodate smoking patrons. 4. Allowing smoking in restaurants which have separately ventilated areas for smoking and non-smoking patrons. 5. Changing the percentages of food service in the definition of a bar facility from 25% to a maximum of 49%. 6. Requiring that restaurants post, in a conspicuous outside location, the individual facility's policy relative to smoking allowing customers to know, in advance of being seated, the restaurant's smoking policy. 7. Specifically delineating restaurants as exempt from work place or public place definition and permitting each facility to determine its own smoking policy. 8. Enacting some form of restaurant smoking restrictions which could be progressively phased or establish a long term date for compliance. For example, establishing decreasing seating percentages in which smoking would be permitted on a specified time schedule of up to one year. Efforts are being made at both the state and federal levels to address the smoking issue. At the state level, an initiative is presently in circulation for qualification which would, among other provisions, pre-empt local government authority to enact a tobacco control ordinance. Assembly Bill 13 (Friedman) also contains control language on local government authority to regulate smoking. At the federal level, both through legislation and department regulatory policy, smoking restrictions are being contemplated. At the present time, it is difficult to assess which regulations or combinations of regulations might be enacted at the state and federal level and whether local pre- emption clauses will remain. The Council could be in the position of enacting an ordinance which may be superseded by state or federal action in less than six months. Conversely, the Council may wish to enact an ordinance in the event that no definitive action is immediately taken by the state or federal government. Furthermore, in the event that "grandfather" clauses are inserted into legislation which recognize locally passed ordinances before a given date, the City may be better served to have an ordinance in place. RECOMMENDATION 1. The City Council direct staff to prepare a new tobacco control ordinance containing the same provisions as Santa Clarita Ordinance 93-20 with the exception of those provisions relative to restaurants and bars. 2. The City Council should discuss and provide direction to staff parameters to be used in drafting language in a new tobacco control ordinance relative to restaurants and bars. ATTACHMENTS Ordinance 93-20 mpm\ tcagenda.tes CRC:NAYCE NO. 33-20 AN O��INANCE GF Tii, CITY COUNCIL OF THE CITY OF SANTA CLAR:TA, CAL:FORNIA, A.MLNDING THz SANTA CLAR:TA MUNICIPAL CODE TO ADD A NEW CHAPTER 9.50 TO TITLE 5, HEALTH AND SAFETY, E: ED "TOBACCO CONTROL" C"'Y COU*ICIL OF THE CITY OF SANTA C`ARi* „A JCES HERESY ORDA:N AS FOLLCWS: ` "aIiFORNIA, SECT:ON 1. A paw Chapter 9.50 anti*_ ie hereby added to Title 5P Health and Safetd Tobacco Control^ Clarita v nicipal Code to read as follows: y, °f the Santa "Chapter 9.50 TOBACCO CONTROL Sections: 9.50,010 Purpose. 9.50.020 Definitions. 9.50.030 Prohibition of Smoking in City Buildings and City Facilities. 9.50.040 Prohibition on Smoking in Workplaces. 5.50.050 Smoking in Public Places. 9_.50.060 Posting of Signs. 9.50.065 Tobacco Vending Machines Prohibited. 9.50.070 Violations --Penalties. A. The City Council finds that numerous studies have showy that tobacco smoke is a major contributor to indoor air pollutio:i and that breathing.secondhand smoke is a significant health hazard for several population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. B. Health hazards induced by breathing secondhand smoke also include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchocorstriction, and bronchospasm. Nonsmokers who suffer allergies, respiratory diseases and ocher ill effects of i AX,'3295.1 bras= =` _ aeco::dha==d smoke may experience a loss of 40b Dios ct= tY"= may be"fcrced to take periodic sick leave because __ accr. aaverse reactions.. C, The U.S. Surgeon General has declared ne is ared that nicoti as addictive as cocaine or heroin; no other addictive product or drug, or cancer -causing product or drug is sold through vending sacs'-nes- F"Irther, t:^.e U.S. Secretary of Health and Human Services, the U.S, Surgeon General and leading voluntary health=rganizatio:,s all recommend the elimination of cigarette vend ,.g : ^acn_nes health reasons. D. For all of these reasons, the City Council finds that the provisions of this Chapter 5.50 are essential to protect. the Public health, safety and welfare. 5.50.020. Defiaitio^e. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. 'Bar' means premises licensed, with any type of 1_..ense, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises. Food products may be sold or served incidentally to the sale or service of alcoholic beverages. 3. 'Enclosed area' means all space between a floor and ceiling which is enclosed on all aides by solid walls. Said walls may be penetrated by windows, doors, or passageways. C. 'Home occupation' means any use within a dwelling which has been issued a valid home occupation permit by the City of Santa Clarita. D. 'Incidental food sales/service, means the sale or service of food products in a bar if said sales/service constitutes lees than 25k of the annual gross income of the bar, an amount higher than 25V of sales/service of food products constitutes a premises other than a bar. E. 'Public place' means any enclosed area to which the Public is i:ivited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, shopping malls, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters and waiting rocme. r ,r:jai,A.t - 2 - .=bacco Store' .means a retail utilized for ti sale of tobacco products and accessories and in wrich .^a sale of other prcducts is merely incidental. v. 'Smoke or smoking' means inhaling, exhaling, burning or carryit:g any lighted cigar, c_garette, Pipe, or plant in any manner or ill any form. H. 'Tobacco Vending Machine' means any machine or device designed for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks or slugs. 1, 'Workplace' shall mean any enclosed area which is normally occupied by two or more employees of a cemmercial enterprise, nonprofit entity, or the City of Santa Clarita; or any office that shares a heating, ventilation and air conditioning system with a workplace. 9.50.030. Without any limitation on Section 9,50.040, it is unlawful for any person to smoke within any portion of the Santa Clarita City Hall structure which is reserved for City functions or I or any other City facilities, out buildings or eatellite offices, except where specifically designated. A. Smoking is prohibited and is unlawful in all workplaces of commercial enterprises, nonprofit entities and all City -owned and managed buildings and vehicles, including but not limited to open office areas, shared offices, private offices, hallways, restrcome, escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms and auditoriums. B. Onsite workplace cafeterias, lunchrooms, and lounges shall be deemed workplaces and smoking prohibited, whether or not such facilities are open to members of the general public.. C. Each commercial enterprise, nonprofit entity and the City shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and 'No Smoking' signs shall be posted in the manner prescribed in Section 9.50.060. T AX;13295. 3 `:o_.: etandi _ _ eecticn, a private residence -= an attached or detacaed garageence a ' _-r'cp!ace except wheel the residence ehall not C.^.1_3 care facility : 291d221C2 Serves as a ^ealth care aci licensed AVID, state law. -._y pursuant to A. Except as otherwise provided, it is unlawful for any person to smoke in any public place within the City of Santa clarlta. a. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the emckiz,g -restrictioIls of this sect4o2l: 1. Private residences, except when used as a child state law. cart or health care facility licensed pursuant to applicable �. Dwellings used for home occupations. 3. Retail tobacco stores. motels. G. A maximum of 50V of the guest rooms in hotels and 5. Hare. 6. Conference, banquet or meeting rooms of private clubs or fraternal organizations when used exclusively by members or guests of the clubs or bs and organizations shall designateorganizations. , andmake available uto their employees, non-smoking areas. Every owner, operator, manager, or other having control of an enclosed area regulated by this chapter shall conspicuously post at all exterior entrances to the enclosed area a No Smoking' sign or the international 'No Smoking' symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it). F No cigarette or other, tobacco product may be sold, offered .or sale, or distributed by or from a vending machine or f A% ',319l.1 - 4 - app -arca, or any otter device designated or used for vending purposes. - -- Violators - P ++ lt4 Ally Person who violates any provision of, with anor fails to comply y oall y requirement of, this chapter is guiltor i and shall be punished in accordance with Section alli00 of this code. The City Manager and City Code Enforcement Officers of t:^ City are authorized and directed to enforce the provisions of e this Chapter 9.50.,, U-CMIoN - if any secticn, subsection, sentence, clause, phrase', part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, ouch decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions he declared invalid or unconstitutional. SECTION, The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this _ day of , 19_ MAYOR ATTEST: CITY CLERK f AX;77297.1 I 5 S - ATE `77Y - - C_TY SAS :A C:ARiTA ee City Clark of the City of anza Ciarita, do hereby certify that the foregoing Ordinance No. vas regularly introduced and placed upon its first reading at a regular maatIng of the City Council on the f 19 That thereafter, said Ordinance waaca7 duly adopted and passed at a regular meeting of the city Council on the day of 19_, by the following votC, to wit: ` AYES: COU*iCII."MEMgERS NOES: COUNCILMEMHERS: ABSENT: COUNCILMEMBERS: CITY CLERK twX.73293. t Name of Restaurant Address Your Name Number of Seats Do you have a Full Bar? ECEIVL- i- iD MADE A DART OF THE RECORD AT Phone Title Number of Employees Beer and Wine None? What Percentage of your Customers Smoke? Do You Have A Smoking Ban Ordinance In Your City? Yes No Is There A Smoking Ban Ordinance In Neigboring City? Yes No If Your Answer was Yes to either Question — Please answer the following: Before the Ordinance, Did you have separate Sections? Average Number of Customers before the Ordinance. Weekdays? Average Number of Customers Since the Ordinance. Weekdays? Average Number of Customers before the Ordinance. Weekends? Average Number of Customers since the Ordinance. Weekends? If you have had losses, do you think they are going to other cities or not eating out as often? In General Terms, describe the effects of the Smoking Ban ordinance on your business: Other Comments: Do You Agree or Disagree with the Smoking Ban Ordinance? Who should determine your smoking policy? Your Signature: Agree Disagree You Govt Date: "'�• 3. ff Statistical Summary Of Economic Impact Of Total Smoking Ban Percentage Total Surveys Mailed To Businesses 1000 Total Business Responses With Full Bar 40.00% Total Business Responses With Beer & Wine Only 38.00% Total Business Responses Who Serve No Alcohol 0.00% Total Business Responses In Los Angeles Ban Area 78.00% Total Business Responses Outside Los Angeles Non -Ban Area 22.00% Total Business Responses Who Agree With Ordinance 11.00% Total Business Responses Who Disagree With Ordinance 83.00% Total Business Responses Who Are Undecided With Ordinance 6.00% Total Businesses Who Had Losses In Los Angeles Ban Areas 46.00% Total Businesses Who Had Gains In Los Angeles Ban Area 3.00% Total Businesses Who Had Gains Outside L.A. Non -Ban Area 1.00% Total Responses Of Businesses Owned By Caucasians 61.00% Total Responses Of Businesses Surveyed Owned By Asians 20.00% Total Responses Of Businesses Surveyed Owned By Hispanics 15.00% Total Responses Of Businesses Owned By Other Ethnic Groups 4.00% Total Who Think They Should Decide Their Smoking Policy 90.00% Total Who Think Government Should Decide Smoking Policy 7.00% Total Who Think Their Customers Are Going To Other Cities 54.00% Total Who Think Their Customers Are Not Going To Other Cities 28.00% Total Who Are Undecided If Their Customers Are Going To Other Cities 18.00% Average Percent Of Business Loss In Los Angeles Ban Area 33.22% Average Percent of Business Gain Outside Los Angeles Ban Area 33.33% Statistical Summary Results For Survey Of Economic Impact Of Total Smoking Ban Statistical Percentage Results in the Los Angeles Ban Area Percent Of Responses Who Had Losses Count Of Responses Who Have Full Bar 60.00% Count Of Responses Who Have Beer & Wine 58.00% Percent of Percent of Responses Responses Who Had Who Had No Gains Change 0.00% 40.00% 8.00% 34.00% Count of Responses Who Serve No Liquor 0.00% 0.00% 0.00% Awksm. ca. aeeoe caia>asssass migams a June 22, 1992 ATTN. Stanton A. Glantz, PhD Institute for Health Policy Studies University of California San Francisco, CA. 94143 Dear Dr. Glantz: Thank you for the copy of your Mar. 1992 report and your June 1, 1992 letter. In your June 1, 1992 letter you state that you have verified your DATA. We have reviewed the data in your March 1992 report. We compared, as you suggested, your DATA to that recorded in the California State Board of Equalization (CSBE), Taxable Sales In California (Sales & Use Tax) --tables. (Which in your June 1, 1992 letter you maintain your March 1992 report is based.) The tables prepared by the CSBE provide conclusive proof that five of your data elements remain in error. For example, according to the CSBE tables, and confirmed by a CSBE analyst, total retail sales for the category of "Eating and Drinking Places" in San Luis Obispo City, 19W Fourth Quarter, was $Z0,533,000.00. By contrast, table A-1, on page 14 of your March 1992 report, shows $15,033,000.00. This erroneous figure is at a critical point. By reason, any conclusions based on this erroneous figure are invalid. The enclosed list details these errors. In the interest of clarifying our understanding of the effects to retail sales by the smoking ordinance, we compared the sales tax reported for market places in 29 cities and 10 counties.' This includes the eight cities used in your study. We concluded that at this time there is insufficient data available to support any credible conclusions as to the short term or the long term effects of a smoking ordinance. However, a comparison between the 29 cities and 10 counties, resulted in surprising results for the majority of the test cities. There are incontrovertible negative fluctuations in taxable sales in some of the market places of the "TEST" cities. There is also a corresponding positive fluctuation in the "CONTROL" city's share of that particular market. Example: Total retail sales show that 4th quarter 1990 sales for Morrow Bay, a "CONTROL" city, dramatically increased. In that same period, San Luis Obispo's, a'TEST' city, share of ' List available on request. county sales decreased. The SLO city decrease includes a 29.8% decrease in Restaurant sales, from the previous quarter. We believe such obvious errors harm the credibility and reputation of the Institute for Health Policy'' Studies, the University of San Fransico and shed doubt on any future studies that you might publish. We at Ferret Research believe that the University and you have a moral and legal responsibility to report the true facts. The University and you, also need to double check the accuracy of your data since tax funds supplied by proposition 99 are being utilized in the preparation of your report. Where public money is involved, personal bias or prejudice on any particular subject must by law be set aside. Otherwise a fraud is worked upon the tax payer. Further, we believe your report has been relied on by the public and government officials in some cities which now have a smoking ban. It is hoped you will act responsibly and swiftly in correcting your data entry errors. We invite you to include a larger number of cities, both "MST" and "CONTROL", as well as counties in your study. We also hope you will include a comparison of the city of Morrow Bay to San Luis Obispo. Ferret Research consists of a diverse group of researchers who do not receive funding from anyone regarding this project. We do our best to report only the verifiable facts when possible. Dealing with large quantities of data, we know there is an increased possibility of data entry error. We appreciate notification of any errors found in our reports so that we may promptly produce a revised release. We look forward to reviewing your revised release. Thank you for your time and consideration. Sincerely, C arf Tho n cc: Public Release UNIVERSITY OF CALIFORNIA, SAN FRANCISCO 6ERREE£Y . OMIS . IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAS FRANCISCO HOMER A. BOUSHEN.:. M.D Profawr and b7u Chairman fa. Clinical Affairs Chef of Afrdfcal 4.vkr oepamnmt of ,lltdidnr. Jack Little Pharma-C Inventory Service 1788 Danbury Ad. Claremont, CA 91711 Dear Mr. Little: �k�F 44 .. Ii 1A .. SANTA aARRARA SANTA CAUZ 997 Mo@itt - Box 0120 San Francixo; Glircrnia 9414 ) December 9, 1992 Dr. Rector referred your letter to me for reply, because of my familiarity with pulmonary disease and therefore with diseases related to cigarette smoking. My responses to your questions are as follows: I cannot really tell you whether there is someone independent of Dr. Glantz who can verify that the studies he cites are correct without knowing precisely which studies he has cited. i can state, however, that I have found his descriptions of the results of scientific studies to be accurate when I have attended his lectures and presentations. I believe this impression is shared by faculty in our School of Epidemiology and Public Health, who are most familiar with the science of statistical analysis of populations exposed to various possible causes of disease. Dr. Glantz is not an M.D. He has a doctoral degree and is an expert on statistics. This skill has made him extremely valuable to our scientific institution, for statistics is the science that permits meaningful analysis of data obtained. it is the science most important to epidemiolcgic studies, and it is this type of study that has established the correlation between cigarette smoking and adverse health effects. Because Dr, Glantz has worked in our Division of Cardiology, he has over his many years at the University become familiar with the causes, presentation, and treatment of heart disease and of other diseases as well. Dr. Glantz is an employee of the University of California. I do not know if he has applied for and received funding from the program established for distribution of a small part of the supplementary tax recently placed on tobacco products in California. This funding, if he has obtained it, would be applied only to research projects reviewed and approved by an independent evaluating scientific committee. I hope these answers help resolve some of the 'bickering" among your employees that his articles have provoked. Please let me know if I can provide additional information that would be useful to you. Yours sincerely, Homer A. Boushey, .D. Professor and Vlce Chairman, Department of Medicine cc: Floyd C. Rector, M.D. Stan Glantz. Ph,D. Ferret Research V 13 rfer mom Arbam CA 95M 912 885.3mll 1 88-5-7076 PRESS RELEASE August 25. 19tr' "The rnrvl orrlr•:q ita,erd rn srinnfttir' dare/ nn enrnking and ls7:ti ,hut the .bunking 'Tl,nrr.cr shall not have cusrodv of the ::12ddren in t/tur rinv+n:e. !,aria-cp,,Us, <hrfll nul hr allowed to have. the chtldrru in heir or i2w. residence because ordunger to rhe. chtld rrn,%."urn ETS. The, court ,Sather uvdrr.• that lhnsc �rnnrlparerttx who snrokr shall neared vi.rimr our rights. Based also on srtr,trtlic ,cturlie.T, 117r ;,jIi1rLrr•t 'Thai, nett be allover/ to hr in (in,v home where red meat is served, m7.v alrnholic hevr:"e's art• t'on,nrmcrl, or vrdeo rapes with an !�"rating are vieweal' if the foregoine seems preposterous to yrgt then possihiy you need in look a little more closely at the forces which are she.* -the world you live in. What would have been ciiusiderecl unthinkabic a mere dccailc ago are now the non,,. Your drshny,rs being shaped by so•ralled "scientific, medical, and mond researchers. Researchers, fitnded for the most part with taxpayer motley who have found a way during these times of rccersion, to create a cirizenn,'at large. career and g in power and cpntroi over the Smoking, balls placed upon the private business ()woe's rrnd the interference of rhcirnghts to choose whom they shall sine. 'rhe citizens rights to "smoke tree" air in places where they are obligated to go vs. where they have a freedom of choice to enter. These are only some of the hot topics now rrcaling controversy.. Controversy sparked by whom? ''file seriously concemcd person wliosc oltly involvement is herb^ Or .cif appointed "experts" whe feed at the tax troughs( Ara the cfrc wamings being handed out by special interest groups really on tantet? Or We hcy.E giiip, created for Ole purpose of money and power? These are the real questions the reader nmsi seek rttuwels to before placing his or her faith into any one. expert or btgnni<'Otiort. !n 1975 Sr George Godbtu iii '.its published addr:•ss to Ute World health Organization, cntphasved that tt would be essential to roster an atmosphere where it was perceived that active smokers would insure those around them, especia Iv•dteir family -and anv__mfanrs or ynnng cvldren that � .nvonr would he_xpnsehariJr• y, p TS Gadhars wch placed words Possibly Provide some clues as to his intent. Vote lie uses the words fuvtur" and 'percerved .. These clearly show that the condirion :nav not actually exist but the public must 17c made to believe it does csisi. For what purpose? Possibly to further a private circa which of course could not be classified as scientific. Or to create a whole new source.of full cling. research grants. oodbar tile,, reveals the weapons which could he used to taint the smoker and make him or her the pariah of society. The funny and children. Nut a so-called "expert" with a gent bito a project which he or she claims will protect the children and you have ate heretofore unbeatable cttmhination. One need only "foster" a "perception" of danger and who can argue against it,? Ferret Research can, and will. Ferret Research is not :ended by anv gruup. corporation. or tcspaycr moruies. It is a group of researchers concealed with a devastanne bend in this country, 'rhe stnppirte of rehis and privileges of the people by special interest croups who use fear tactics; prejudice. slander, and children as dtcr arsenal. In a series of repor-s Verret will ask the reader to think. ;lot to argue about the validity of certain research data concerning F.TS, hilt to look at the authors of these renons. To ascertain possibly dteir motives veld wlud they are gaining personally out of Uue lrl'S controversy, We will be asking you such questions ns. Can arty researcher who is :Jready biased in one direction indulge in a shady of i:TS and produce a neutral report) How much in tax or pnvate gram money is the so -caller) "expert" reccivine and how is it affecting his or her personal life" \Vhat ire the renl cred=11;11� of the resc idicr wid rue their moives purely eiv c•dundcd or inercenaty'i' , We will be raising these issues and n+nrc plus .tmkine .oine hard rinesnpn< to will theft be up tp vote• the reader. Ihu thinker, to ascenwn lot yotirscives, the tnith of any report. :vici:J1. its vnttt country, your ticadonts, and your tit'c Lose cawnJ of the first nxq tie ,pea:d intcrest gionp� and the Ibud mone ld heetnslavery, Sharman Elliott t91 ci 1 885-"o?0 cn „ p:rrct Rr<enreh 1?1 0 sr�rf A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OCT 18 1993 Marty Ronhoudee OFFICE OF 6844 Live Oak Lane A68£AACHANOOEVELCR.MFNT San Luis Obispo, California 93401 Dear Mr. Ronhoudee: I am responding to your October 11, 1993, telefax to Ms. Jennifer Jinot requesting EPA's position on the association between ETS and heart disease. You also asked specifically whether or not the reference to 53,000 annual deaths in the U.S from exposure to secondhand smoke, found in a draft EPA report, was ever formally endorsed as an official EPA estimate. With respect to the first point, EPA has not done a formal health risk assessment on ETS and heart disease and, therefore, has no Agency endorsed report on it. The only reference I have found on it which has Agency endorsement is the EPA policy brochure titled "Secondhand Smoker What You Can Do About Secondhand Smoke As Parents,_ Decisionmakers, and Building Occupants" (U.S, EPA, July 1993, 402-F-93-004). In it under "Other Health Implications" there is a sentence which reads "Secondhand smoke may affect the cardiovascular system, and some studies have linked exposure to secondhand smoke with the onset of chest pain." I am enclosing a copy of the brochure. On the more specific question of 53,000 annual deaths in the V.S. from exposure to ETS, that number, as you noted, is from a 1988 or 1989 report by Drs. Glantz and Parmley submitted to the EPA as a chapter for a technical compendium of information on ETS. However, that compendium did not receive formal Agency review and endorsement and is still in draft form. I hope that answers your questions. Enclosure cc: Jennifer Jinot Si cQrely yours, 9taven Bayard,, h.D. Statistician Project Manager for Passive Smoking Health Risk Assessment Pn7nd 0n A�Ydwl Pw-