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Home
» The Politics of Smoking
| Please note that any information provided below is done so as a
courtesy to Milan Tobacconists' customers and does not necessarily
reflect the views or opinions of Milan staff.
Give us a call toll free at 877.70MILAN or send an email to customercare@milantobacco.com
if you have questions, concerns, or comments!
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Please click on the links below to view an announcement
of particular interest or scroll down the page to view all announcements:
» IPCPR
Update on Proposed Federal Pipe Tobacco Tax Increase (HR 4439) (2/26/10)
» Brothers
and Sisters of the Briar Gather Worldwide at Noon on Saturday,
February 20th. (2/19/10)
» IPCPR
Provides a Legislative Action Alert Link to Make Your Voice Heard
on HR 4439 (1/25/10)
» Our
Perspective on HR 4439 The Tobacco Tax Parity Act of 2010
- By David and Renée Meyer, Owners of Milan Tobacconists
(1/24/10)
» Just
Say No! to a Parade Magazine Outdoor Smoking Ban Poll (12/9/09)
» Smoking
Ban Takes Effect in Virginia - By David and Renée Meyer
(12/1/09)
» IPCPR
Files Public Comment with FDA Regarding Cigars (11/6/09)
» Distributors
Urging FDA to Clarify Flavored Cigarette-Only Retail Sales Restrictions
(9/18/09)
» IPCPR
Update on FDA Tobacco Control Regulations (9/16/09)
» CNN
Story Highlights Just One Story From SCHIP Fallout (8/27/09)
» Cigar
Rights of America Issues Challenge to Virginia's Cigar Smokers!
(7/29/09)
» President
Obama Signs FDA Tobacco Regulation Bill (6/22/09)
» FDA
Tobacco Regulation Bill Passes Senate and House; Now On to President
for Signing (6/12/09)
» Senate
Debates FDA Regulation of Tobacco (6/4/09)
» Senate
Panel Approves Bill to Give FDA Authority to Regulate Smoking
(5/22/09)
» Senator
Edward Kennedy Introduces Bill to Regulate Smoking (5/6/09)
» FDA
Tobacco Bill Passes U.S. House - HR1256 Excludes Cigars, Pipe
Tobacco From Potential FDA Regulation (4/2/09)
» Kaine
Signs Virginia Smoking Ban Bill - By David and Renée
Meyer (3/11/09)
» Virginia's
General Assembly Passes Smoking Ban Bill - By David and Renée
Meyer (2/19/09)
» Virginia's
Smoking Ban Bill Heads to Conference Committee - By David and
Renée Meyer (2/18/09)
» Virginia's
Senate Rejects House Amendments to Virginia's Smoking Ban Legislation
- By David and Renée Meyer (2/17/09)
» Where
[We Think] Things Stand with Virginia's Smoking Ban Legislation
- By David and Renée Meyer (2/16/09)
» Virginia's
Governor Kaine, State Legislators Announce Agreement to Ban Smoking
in Restaurants (2/5/09)
» New
SCHIP Legislation Affects You - A Message from David and Renée
Meyer, Owners of Milan Tobacconists (2/4/09)
» Virginia
Senate Committee Approves Smoking Ban Legislation - The Associated
Press (1/29/09)
» SCHIP
Legislation Introduced, Including 40-Cent Cap on Premium Cigars
- International Premium Cigar & Pipe Retailers Association
(1/13/09)
» IPCPR
Warns of Economic Impact from Virginia Smoking Ban (1/8/09)
» Learn
About Tobacco Legislation In Your State (12/9/08)
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IPCPR Update on Proposed
Federal Pipe Tobacco Tax Increase (HR 4439) (2/26/10)
As of today, H.R. 4439 - the proposed federal legislation to increase
the pipe tobacco tax to the same rate of the roll your own tobacco
tax - has little life or attention in Congress. Lobbyists from the
International Premium Cigar & Pipe Retailers Association (IPCPR),
the Pipe Tobacco Council (a division of the Cigar Association of
America (CAA)), and others have met with key members of Congress
to discuss and detail our industry's opposition to the bill. H.R.
4439 is currently sitting in the U.S. House of Representatives'
Ways & Means Committee. No hearings or further action has been scheduled
at this time nor does the IPCRP expect any immediate action. Several
more meetings are scheduled with Congress in the coming days.
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Brothers and Sisters of the Briar Gather
Worldwide at Noon on Saturday, February 20th. (2/19/10)
St. Louis, Missouri, will be a center of the pipe smoking world
at noon this Saturday, February 20th. Thats when International
Pipe Smoking Day will be celebrated at the 22nd Annual Gateway Area
Pipe Show at the Heart of St. Charles Banquet Center. Local briar
lovers will be raising their pipes in a salute to their pipe smoking
brothers and sisters around the world as a show of friendship and
unity that reaches across all borders, according to Bob Callaway,
spokesperson for the St. Louis Pipe Club, sponsor of the show.
International Pipe Smoking Day was designated by a group on Smokers
Forums three years ago as a day on which pipe smokers everywhere
could tell their story and educate others about the rich history
and traditions of the noble art of pipe smoking. The group dedicated
it to the worldwide community of pipe smokers that is bound together
by a shared love of pipes, pipe collecting, and the social aspect
of pipe smoking. They respect informed choice and the responsible
adult use of smoking tobacco and envision a world where governments
act in good faith and integrity.
"International Pipe Smoking Day provides an opportunity for
briar lovers everywhere to stand up and demonstrate with pride that
we are still enjoying our pipes despite all the restrictions and
increased tobacco taxes that the anti-tobacco forces have imposed
on us. They just don't understand the significant benefits that
pipe smoking offers," Callaway said.
International Pipe Smoking Day is supported by the International
Premium Cigar & Pipe Retailers Association (IPCPR) of some 2,000
retailers of premium tobacco products, including Milan Tobacconists;
the International Committee of Pipe Clubs, which has members in
more than 25 countries; and by the United Pipe Clubs of America,
with its more than 20 member clubs in the United States. Many other
pipe clubs in this country and abroad also will hold special events
on or around February 20 to mark the day.
"Our motto is 'Relax with Your Pipe' and that's the idea we
want to get across," says Vernon Vig, President of UPCA which,
according to the organizations website, was founded in 2002
to promote and protect the interests of the American pipe smoking
community.
"Pipe smokers are mature, considerate adults. We don't want
to bother anyone, and all we ask in return is a little common sense
and consideration on the part of others," said Vig.
For more information, visit www.ipsd.eu;
www.unitedpipeclubs.org,
www.smokersforums.co.uk,
and www.pipeclubs.com.
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IPCPR Provides a Legislative Action
Alert Link to Make Your Voice Heard on HR 4439 (1/25/10)
As of today, HR 4439 (see article below) still remains quiet in
the House Ways and Means Committee. No hearing or other action has
been scheduled at this writing.
However, with the groundswell of grassroots efforts that has developed
among pipe smokers, retailers, and others in opposition to HR 4439,
the International Premium Cigar and Pipe Retailers Association (IPCPR)
has proactively initiated a Legislative Action Alert to complement
and support this movement, complete with suggested talking points.
Please click the link below to make your voice heard on this issue:
*
IPCPR Legislative Action Alert Page *
We continue to closely monitor any news or progress and will provide
updates accordingly.
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Our Perspective on HR 4439
The Tobacco Tax Parity Act of 2010 - By David and Renée
Meyer, Owners of Milan Tobacconists (1/24/10)
There has been a great buzz of concern blanketing the Internet regarding
HR 4439 The Tobacco Tax Parity Act of 2010, which was introduced
in Congress on January 13, 2010. If you are not yet familiar with
the bills intent, it is To amend the Internal Revenue
Code of 1986 to impose the same rate of tax on pipe tobacco as is
imposed on roll-your-own tobacco. Click the bolded link to
view the actual bill -> Library
of Congress. A small bill with big implications to be sure
an increase in pipe tobacco tax from $2.8311 to $24.78 per
pound but how concerned should we be at this point?
On Friday (1/22), Milan Tobacconists was provided with the following
update from the International Premium Cigar and Pipe Retailers Association
(IPCPR), of which we are a member:
HR 4439, the Tobacco Tax Parity Act of 2010, introduced
on January 13, 2010, would tax pipe tobacco at the same rate ($24.78
per pound) as roll-your-own tobacco. The sponsors are Representatives
Steve Cohen (Dem., TN) and Lloyd Doggett (Dem., TX). HR4439 has
been referred to the House Ways & Means Committee of which Mr.
Doggett, an anti-tobacco advocate, is a member. The bill is not
yet on that committee's radar scope.
The Cigar Association of America (CAA) and Public Strategies-Washington
(PSW), IPCPR's federal lobbyists, are actively working on the issue
to ensure its defeat before it gains any momentum and advances through
the legislative process.
Last month Liggett Group tried to get similar legislation included
in the Senate's proposed health care legislation currently being
considered in Congress. That effort was unsuccessful.
We believe the bill was not introduced to target pipe
smokers; rather, it was a direct response to the roll-your-own tobacco
(RYO) industrys practice of relabeling their cigarette tobacco
as pipe tobacco to circumvent the RYO tax. It is even speculated
that one of the big tobacco companies suggested introduction
of this bill because the RYO industry was gaining a competitive
edge on cigarette manufacturers with the relabeling/tax avoidance
maneuver.
Back to the question of how concerned should we be at this
point? Using a risk scale of Low Guarded
Elevated High Severe, Milan Tobacconists is
Guarded. We are not being complacent by any means, nor
should you. We have shared our opinions and concerns with government
representatives, and will continue to closely monitor the bills
movement (if any) in committee. Updates will be posted here.
Please take a moment to contact your representative in the U.S.
House of Representatives and share your thoughts regarding the proposed
bill by visiting the link below:
*
US House of Representatives Write Your Representative Site
*
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Just Say No! to a Parade
Magazine Outdoor Smoking Ban Poll (12/9/09)
Parade Magazine, one of the broadest nationally circulated
consumer periodicals, is running a poll on its website the
question: "Should smoking be banned outdoors?"
We hope you'll follow the link below to read a short article, then
vote No!...or Yes. It is still a free country after all, isn't it?
*
Should Smoking Be Banned Outdoors? *
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Smoking Ban Takes Effect in
Virginia- By David and Renée Meyer (12/1/09)
'No Smoking' signs went up and ashtrays disappeared on Tuesday signaling
to customers that the smoking ban was in effect in the Commonwealth
of Virginia. On the first day of the state ban on smoking inside
restaurants, police and state officials did not storm into bars
looking for lawbreakers. Instead, enforcement of the law will be
left to business owners and customers according to Health Department
officials.
Over the next several months, health inspectors will be focusing
their efforts on restaurants and bars listed as smoking establishments
and, if they find infractions, they'll write a health-code violation
and work with the business owner to address it. If an owner refuses
to comply, police can write a court summons. Customers will be able
to report a noncompliant business as well.
Governor Tim Kaine signed the smoking ban bill into law in March
2009, which prohibits smoking in businesses that serve food unless
there's a separate ventilation system for smoking areas or an outdoor
area. Private clubs are exempt.
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IPCPR Files Public Comment
with FDA Regarding Cigars (11/6/09)
The International Premium Cigar & Pipe Retailers Association
(IPCPR) filed its public comment with the Federal Food and Drug
Administration (FDA) on November 4th. This public comment details
the demographics of member businesses (Milan Tobacconists is a member)
and the differences between premium cigars and other tobacco products,
among other statements. To view the document as a PDF, please click
here -> IPCPR
Public Comment Document
As the FDA develops its regulations as directed by the Family Smoking
Prevention and Tobacco Control Act (H.R. 1256), recently approved
by Congress and signed into law by the President, the IPCPR felt
it important to state its position in relation to this statute and
reaffirm to the FDA that cigars were not intended for regulation
by Congress.
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Distributors Urging FDA to Clarify
Flavored Cigarette-Only Retail Sales Restrictions (9/18/09)
The International Premium Cigar & Pipe Retailers Association
(IPCPR) has received several communications from retailers in different
parts of the country informing the IPCPR of visits from Health and
Human Services (HSS) officers. The FDA is a sub-agency of the HHS.
These officers have been purchasing flavored cigarettes and flavored
cigarillos. While the IPCPR has not been provided definitive reasons
by the FDA for these purchases, they believe it may be for comparison
reasonsto differentiate between the two products.
Additionally, the FDA disseminated a letter dated September 14,
2009, reminding retailers and distributors of the pending flavored
cigarette sales prohibition to take effect on September 22nd. In
that letter, the FDA caused confusion in its declaration that a
flavored cigarette packaged as a "flavored" cigar would
be included in this sales ban. According to the FDA regulatory authority
bill approved by Congress and signed into law by the President,
only flavored cigarette retail sales are to be prohibited on September
22nd. No other flavored tobacco products, including flavored cigars,
are included at this time.
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IPCPR Update on FDA Tobacco
Control Regulations (9/16/09)
Chris McCalla, Legislative Director for International Premium Cigar
& Pipe Retailers Association (IPCPR) stated that the FDA is
currently seeking general comments from the public as it prepares
for its work in laying out additional tobacco control regulations.
Once the FDA begins its formal work and initial release of its proposed
regulations, the IPCPR will review the proposed regulations and
potential comments and input for the final FDA regulations.
The IPCPR is working closely with its federal lobbyists and other
industry allies to ensure no more tobacco products are pulled into
FDA regulation.
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CNN Story Highlights
Just One Story From SCHIP Fallout (8/27/09)
The Cable News Network (CNN) recently ran a story about how one employee
of the now-closed Hav-A-Tampa cigar factory is helping out his fellow
out-of-work employees.
*Click
Here to Watch Video Clip on CNN's Website*
The irony of this story, also one of our points we worked hard
to make during the SCHIP fight, is this jobless employee's children
now qualify for the SCHIP program the same program funded
by the tobacco tax increase that ultimately contributed to Hav-A-Tampa's
closing.
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Cigar Rights of America Issues
Challenge to Virginia's Cigar Smokers! (7/29/09)
Cigar Rights of America (CRA) Wants You - As a Member! CRA is a
growing voice for cigar enthusiasts across the country, working
in the local, state, and federal battles that threaten one of life's
great pleasures and a moment so fundamental to the "pursuit
of happiness" - a cigar among friends. In essence, CRA wants
to protect your ability to enjoy great cigars with as little government
regulation and taxation as possible.
Now to the challenge. There is power in numbers, and CRA needs
cigar voters to stand up and be counted because the bigger the voting
block, the stronger the voice. Virginians are pivotal to the growth
of CRA, so they have issued a special challenge - to have 250 CRA
members from Virginia going into the next election season.
Visit www.cigarrights.org/membership.htm
to learn more about the benefits of joining CRA. Also, if a friend
joins and lists you in the "Referred By" section, you
will be eligible to participate in CRA's monthly drawing for fine
cigar products - humidors, cigar cases, cutters, and lighters from
the top manufacturers and distributors in the cigar industry.
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President Obama Signs FDA Tobacco
Regulation Bill (6/22/09)
Signed by the President this afternoon, the long-sought legislation
gives the Food and Drug Administration (FDA) unprecedented authority
to regulate tobacco. The Family Smoking Prevention and Tobacco Control
Act allows the FDA to cut nicotine in tobacco products, ban candy
flavorings,and block labels such as "low tar" and "light."
It will also require large warning signs on cigarette cartons.
Although the bill does not allow the FDA to ban nicotine or tobacco,
it will regulate what goes into tobacco products, make public the
ingredients, and prohibit cigarette marketing campaigns targeting
children.
A recent Gallup Poll found that 52 percent of Americans disapprove
of the new law expanding the federal government's power to regulate
the manufacturing and marketing of tobacco products, with only 46
percent in support of it. Just 17 percent of those surveyed say
smoking should be banned.
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FDA Tobacco Regulation Bill
Passes Senate and House; Now On to President for Signing (6/12/09)
The U.S. House and Senate passed legislation today giving the U.S.
Food and Drug Administration broad authority over cigarettes and
other tobacco products. The bill is on its way to the President
to be signed into law.
The measure bans most flavored products and print advertisements
in publications aimed at children and teenagers, and also calls
for larger package warnings and restricted vending machine sales.
It also allows the FDA for the first time to monitor and inspect
tobacco companies. Cigarette makers would have to pay hundreds of
millions of dollars in user fees, register with the agency, and
provide a list of all the products they make as a result.
The bill, passed by the Senate on Thursday, was adopted by the
U.S. House of Representatives in a 307-97 vote. President Obama
said he will quickly sign the measure into law.
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Senate Debates FDA Regulation
of Tobacco (6/4/09)
The U.S. Senate began debate Tuesday on whether to grant the Food
and Drug Administration power to regulate tobacco products. A bill
written by Democrats would let the FDA oversee the packaging, marketing,
and manufacturing of cigarettes and other tobacco products.
In an 84-11 procedural vote, the Senate agreed to start debate,
which could continue into next week. Democrats have said they have
enough votes to approve the tobacco legislation, but the margin
could be slim.
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Senate Panel Approves Bill
to Give FDA Authority to Regulate Smoking (5/22/09)
The Senate Health, Education, Labor and Pensions Committee approved
a bill on Wednesday that gives the Food and Drug Administration
(FDA) authority to regulate tobacco products. The full Senate may
take up the measure as soon as the first week in June.
The legislation, introduced by Senator Edward Kennedy (see article
below), gives the FDA authority over tobacco, including the ability
to ban certain smoking products. Many Senate Republicans object
to giving the FDA power to regulate tobacco, however, saying that
the agency is already having difficulty performing its drug-safety
mission.
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Senator Edward Kennedy Introduces
Bill to Regulate Smoking (5/6/09)
Senator Kennedy (D) of Massachusetts has introduced a bill in the
Senate similar to one already passed by the House that gives the
Federal Government the authority to regulate tobacco products. Senator
Kennedy's bill was quietly offered Tuesday night and it is expected
to pass with bipartisan support likely later this month or in June.
The measure needs at least 60 votes to prevent a Senate filibuster
and already has 40 co-sponsors from both parties. Kennedy, who is
chairman of the Senate Health, Education, Labor, and Pensions Committee,
has scheduled a hearing for next Tuesday to consider his bill.
As noted in the article below, the House last month overwhelmingly
passed a bill giving the Food and Drug Administration authority
over how tobacco products are made, advertised, and sold. Any differences
between the two bills would be worked out in a House-Senate conference
committee.
President Barack Obama supports FDA regulation of tobacco.
The FDA could not ban tobacco, and tobacco farmers would not be
subject to regulation. The costs of the new regulation would be
covered by user fees imposed on tobacco companies and importers.
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FDA Tobacco Bill Passes U.S. House
- HR1256 Excludes Cigars, Pipe Tobacco From Potential FDA Regulation
(4/2/09)
By a strong 298-112 majority, the House today passed the bill to
give FDA regulatory authority over tobacco, although the agency
would not be empowered to ban cigarettes or other tobacco products.
The Senate could take up its version of the bill after the two-week
spring recess that begins this weekend, and supporters have expressed
confidence they can overcome expected resistance from tobacco-state
senators. The bill also is supported by President Obama; Democrats
supported the bill by a 228-8 margin, while 70 Republicans voted
for it, with 104 opposed.
An alternative offered by Rep. Steve Buyer, R-Indiana, was defeated
284-142.
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Kaine Signs Virginia Smoking
Ban Bill - By David and Renée Meyer (3/11/09)
Monday, March 9, marked the day Governor Tim Kaine of Virginia signed
legislation banning smoking in Virginia's bars and restaurants.
Identical House and Senate bills HB1703 and SB1105 will ban smoking
in nearly all of Virginia's restaurants, allowing exceptions for
private clubs and restaurants with a designated smoking room that
is physically separated and independently ventilated from non-smoking
dining areas.
The ban, which goes into effect on December 1, 2009, includes strong
protections for both workers and patrons. Proprietors cannot require
wait or bus staff to work in any area of the restaurant where smoking
may be permitted. Additionally, restaurants that choose to have
a separated structure for smoking must ensure that at least one
public entrance to the restaurant is in a smoke-free area. Local
health departments will inspect for compliance with the smoking
prohibitions when completing other routine inspections.
Smoking bans in a number of states exempt bars, but Virginias
smoking ban will be one of the strongest in the region and amongst
the top tobacco-producing states, because the legislation does not
differentiate between bars and restaurants.
To view the final (identical) House and Senate bills, visit http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1703ER
or
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+SB1105ER.
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Virginia's General Assembly
Passes Smoking Ban Bill - By David and Renée Meyer
(2/19/09)
Various news sources are reporting that Virginia's General Assembly
this afternoon passed a partial ban on smoking in bars and restaurants.
The legislation restricts smoking to separately ventilated rooms
in restaurants and private clubs. The House of Delegates voted 60-39
and the Senate voted 27-13 for the bill, which now heads to Governor
Kaine who supports it. The version approved by the House and Senate
today includes clarification to allow smoking in outdoor areas.
The bills effective date is December 1, 2009.
To view the amended Senate Bill 1105 proposed by the Joint Conference
Committee, visit http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+SB1105S2.
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Virginia's Smoking
Ban Bill Heads to Conference Committee - By David and Renée
Meyer (2/18/09)
Virginia's House of Delegates rejected the Senate's efforts to restore
terms of a restaurant smoking ban the House amended last week. (See
articles below for further details.) In one of the quickest voice
votes on record (in under 30 seconds we're told), the House insisted
on keeping the House Bill amendments intact. With the House and
Senate at odds, this moves the bill to a conference committee where
lawmakers from both houses will work out the differences.
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Virginia's Senate
Rejects House Amendments to Virginia's Smoking Ban Legislation -
By David and Renée Meyer (2/17/09)
Yesterday, Virginia's Senate removed House amendments that weakened
a Senate bill seeking to ban virtually all smoking in bars and restaurants.
According to various news sources, the Senate rejected the amendments
in a 28-11 vote.
Removed from the bill were House amendments to permit smoking in
any establishment during hours that they did not admit minors or
when the place is rented for a private function. Also removed was
an amendment that required a separate smoking space in a restaurant
to be divided by only a door, not a room with an independent ventilation
system.
The bill now goes back to the House of Delegates. If the House
insists on its amendments, House and Senate negotiators will determine
what type of bill goes to Governor Tim Kaine. It is believed that
conference committee negotiations over the next few days will produce
a version of the legislation both chambers can agree upon.
A proposed compromise would impose the smoking ban in many bars
and restaurants. Private clubs and facilities with separate smoking
areas equipped with independent ventilation systems would be exempt
from the prohibition. Also excluded would be facilities that allow
smoking in outdoor patios with retractable window flaps.
If passed by the legislature, the compromise legislation will take
effect December 1, 2009.
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Where [We Think] Things
Stand with Virginia's Smoking Ban Legislation - By David and
Renée Meyer (2/16/09)
With the situation changing daily and sometimes hourly, it has been
difficult to put our finger on where things stand with regard to
Virginia's smoking ban legislation, but here is what we know. Virginia's
Senate has passed SB 1105 Indoor Clean Air Act (prohibits smoking
in all indoor restaurants and bar and lounge areas in the State).
Virginia's House of Delegates has passed HB 1703 Indoor Clean Air
Act (prohibits smoking in public building, restaurants, etc. with
amendments).
The Governor has made it clear that the House amendments introduced
make the bill unacceptable, and the Senate likely agrees. We've
learned from various news sources that Kaine believes the House
amendments substantially diluted a compromise to sharply curb smoking
in Virginia restaurants and breached a deal he made with House Republican
leaders, although Kaine wouldn't commit to vetoing the measure if
the House amendments remain. He particularly disliked a Republican
amendment that would exempt any restaurant off-limits to minors
from the smoking restrictions. Other amendments weakened requirements
to create separately ventilated smoking rooms in eateries and exempt
restaurants rented for private, invitation-only events.
According to legislative sources, Kaine sat down with House and
Senate leaders on Friday (2/13) in an effort to restore elements
of his smoking ban proposal that would include most bars, in addition
to restaurants. Smoking would only be allowed in enclosed rooms
that are ventilated with fresh air from the outside. This latest
agreement is scheduled to be announced today (2/16) and removes
most of the House amendments. Smoking would be permitted in private
clubs, but not in restaurants that hold private functions. The ban
would apply to bars, regardless of whether minors are admitted.
The outdoor patio exception will remain, but legislators still have
to agree on what constitutes an outdoor patio.
We think the legislation will end up in a conference committee
at the end of the legislative session, then move on to the Governor.
Depending on House action, the legislation may land in the April
veto session. At that point, something closer to what Governor Kaine
and Virginia House Speaker William Howell originally agreed upon
can be the expected result.
To view Senate Bill 1105, visit http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+SB1105H1.
To view House Bill 1703, visit http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1703EH1.
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Virginia's Governor Kaine,
State Legislators Announce Agreement to Ban Smoking in Restaurants
(2/5/09)
Governor Timothy M. Kaine and key leaders in the General Assembly
today announced an agreement to pass a statewide smoking ban in
Virginia's bars and restaurants. The legislation will ban smoking
in nearly all restaurants across the Commonwealth, allowing narrow
exceptions for private clubs and restaurants with a designated smoking
room that is physically separated and independently ventilated from
nonsmoking dining areas.
Today's announcement comes after Governor Kaine worked closely
with legislative leaders to craft an agreement acceptable to both
parties and both houses.
Virginia House Speaker William Howell also noted the agreement
as a step forward for Virginians: "I am pleased to join in
announcing a reasonable compromise on an issue important to Virginians,"
said Speaker Howell. "The compromise strikes a fair balance
between the rights of smokers who choose to enjoy a legal product
and the rights of other individuals who want to enjoy a smoke-free
environment when eating at a restaurant. This legislation is all
about finding opportunities for cooperation and compromise where
possible. And, where state leaders can find and share such common
ground, we should."
The agreement makes Virginia part of a growing list of states around
the country that are passing legislation curbing smoking in restaurants.
Twenty-three other states and Puerto Rico have already passed bans
on smoking indoors at bars and restaurants. Maryland and the District
of Columbia passed similar restrictions on smoking in restaurants
in 2007 and 2006, respectively.
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New SCHIP Legislation Affects
You - A Message from David and Renée Meyer, Owners of
Milan Tobacconists (2/4/09)
Tobacconists and their customers are once again in the crosshairs
of Federal tobacco tax increases. Please take a moment to read this
important message.
As you may already know, the Federal government has determined
that a tobacco tax increase is a valid funding mechanism for the
State Children's Health Insurance Program (SCHIP). Most of the news
has centered on cigarette tax increases, which doesn't significantly
affect Milan Tobacconists or our customers. However, cigars and
pipe tobacco face hefty tax increases as well, and that's where
you will be directly affected.
SCHIP is a federal program that provides health insurance through
your state to children from families under, at, or near the poverty
level. Now, of course, no one wants to see children go without health
care, but the expansion broadens eligibility to such a degree that
the children of legal immigrants are covered and, in certain cases,
families with incomes at 300 percent of poverty level can enroll
now - removing their children from private health insurance coverage
and enrolling them in SCHIP. The method of funding is unstable -
an astronomical tobacco tax increase on cigars, pipe tobacco, and
cigarettes - but it's here now and all of us have to live with it.
Some details of the Federal tax increases, which go into effect
April 1, 2009, follow:
- Pipe Tobacco Tax Increase: From $1.10 per pound to $2.83 per
pound.
- Large Cigar Tax Increase: From a cap of $.05 per cigar to a
cap of $.40 per cigar.
- Small Cigar Tax Increase: From $.04 per pack to $1.07 per pack.
- Cigarette Tax Increase: From $.39 per pack to $1.01 per pack.
This is in addition to your respective state taxes.
- Roll-Your-Own Tobacco Tax Increase: From $1.10 per pound to
$24.78 per pound (not a typo).
- Chewing Tobacco Tax Increase: From $.20 per pound to $.50 per
pound.
- Snuff Tobacco Tax Increase: From $.59 per pound to $1.51 per
pound.
Please know that Milan has been fighting this increase through
our lobbyists and member organizations for years, but, with today's
passage of the SCHIP legislation, it is now completely out of our
control and we are as dismayed by the end result as you must be.
Yet another new tax has been introduced called the floor tax. This
tax applies to any tobacco products (except cigars) that are on
the tobacconist's floor prior to the April 1, 2009, tax increase,
so we will have to reduce our inventory levels in order to avoid
an enormous tax burden. As a result, we will have very little pipe
tobacco in our store by March 31st, which is why we recommend that
you order several weeks in advance of the deadline. We will restock
after April 1st, but, as with all other tobacconists, the new pipe
tobacco prices will reflect the tax increases.
It is a sad state of affairs that tobacconists and their customers
are once again being unfairly targeted by taxation. We have long
believed that everyone should share in the burden of supporting
uninsured children, not just you and our industry. Unfortunately,
our hard-fought battle did not result in victory, but, believe it
or not, the tax increases would have been even more staggering if
we had not fought at all.
If you would like to voice your opinion regarding this decision,
please visit http://www.usa.gov/Contact/Elected.shtml
and send a message to President Obama and your state-elected officials
today!
The staff of Milan Tobacconists sincerely appreciates your patronage,
especially in these difficult economic times, and we hope to continue
serving you for many years to come.
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Virginia Senate Committee Approves
Smoking Ban Legislation - The Associated Press (1/29/09)
A Senate committee has passed legislation that would ban smoking
in restaurants and most public buildings.
If those bills hit a snag, the Senate Education and Health Committee
also passed bills to allow localities to enact their own smoking
bans. All the bills passed by 11-3 votes Thursday.
Gov. Tim Kaine has advocated for a ban on smoking in all restaurants,
saying that the government must protect residents from unhealthy
secondhand smoke. Opponents say the government has no right to make
decisions for private businesses and that a smoking ban could further
damage businesses already crippled from a crumbling economy.
Similar bills have passed the Senate before but were killed in
subcommittee in the Republican-controlled House.
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SCHIP Legislation Introduced,
Including 40-Cent Cap on Premium Cigars (1/13/09)
According to the International Premium Cigar & Pipe Retailers
Association (IPCPR), the latest version of the State Children's
Health Insurance Program (SCHIP), HR2, has been officially introduced
in the House Ways & Means Committee. The industry compromise
on the revised tax rate on large cigars has been incorporated into
HR2. The new tax rate will be 52.4% with a maximum tax cap on any
one cigar at 40 cents per cigar. In previous versions of SCHIP legislation,
the tax cap rate held at $3 per cigar. IPCPR and its federal lobbyists,
working in conjunction with the Cigar Association of America, and
the tobacco industry came together to aggressively challenge the
disastrous proposed $3 tax cap, and get it substantially reduced
to the more sustainable 40-cent tax cap.
While the IPCPR believes HR2 will move quickly through the House,
it may have a slower journey through the Senate, though no direct
changes to the cigar tax cap rate are anticipated.
SCHIP Legislation Details:
- The new tax rates are effective April 1, 2009;
- The cigarette tax rate goes from $.39 per pack to $1.00 per
pack;
- The tax on snuff goes from $.585 per pound to $1.50 per pound;
- The tax on pipe tobacco goes from $1.0969 per pound to $2.8126
per pound;
- The tax on RYO goes from $1.0969 per pound to $24.62 per pound
(not a typo).
Additionally the definition of RYO has been expanded to include
cigar wrappers to address the "blunt wraps" issue;
- The tax change to small cigars (cigars weighing less the three
(3) pounds per thousand will be phased in over five (5) years
at the following rates per year:
2009 & 2010 - $.25 per pack
2011 & 2012 - $.50 per pack
2013 & 2014 - $.75 per pack
2015 and beyond - $1.00 per pack
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IPCPR Warns of Economic Impact
from Virginia Smoking Ban (1/8/09)
With nearly 70 percent of restaurants statewide already declaring
themselves smoke-free, why would Virginia lawmakers be discussing
proposals for a legislated smoking ban when the marketplace is already
making that happen?
That's the question being asked by Gary Pesh, the incoming president
of the International Premium Cigar & Pipe Retailers Association
(IPCPR) on behalf of the organization's three dozen members and
hundreds of thousands of their customers throughout the Commonwealth.
"Any public policy that puts small businesses in jeopardy
of jobs, tax receipts and profits should not be welcome at any time,
especially during the next several years which are predicted to
be economically critical," according to Pesh. Pesh says the
IPCPR represents more than 2,000 retailers and manufacturers of
premium cigars worldwide. The vast majority of those retail members
are small businesses - mom-and-pop operations that serve their local
communities, employ local residents and support worthwhile nonprofit
organizations. All of them pay local, state and federal income,
payroll, sales and excise taxes, he added.
"No less an independent economic authority than the Federal
Reserve Bank has concluded that smoking bans, wherever they occur,
hurt businesses, especially bars and restaurants. Their findings
include studies based on data available from the Bureau of Labor
Statistics regarding areas impacted by legislated smoking bans that
found 'statistically significant employment declines at bars, with
loss estimates in employment ranging from four percent to 16 percent',"
Pesh said.
Chris McCalla, the IPCPR legislative director, also urged legislators
and voters to consider the source and context of information that
alleges secondhand smoke to have negative health aspects. "The
Occupational Safety and Health Administration, which is charged
with protecting the well-being of employees in the workplace, has
established secondhand smoke standards well above the range which
might be found in any bar or restaurant," McCalla said.
"In fact, secondhand smoke air quality testing in such workplaces
conducted by the American Cancer Society shows typical secondhand
smoke concentrations up to 25,000 times safer even than those already-liberal
OSHA standards. And testing by the prestigious Oak Ridge National
Laboratory confirms that results of air quality testing of secondhand
smoke in bars and restaurants was 'considerably below limits established
by OSHA'," he said.
Pesh also said that business owners have the right to decide for
themselves whether or not to make their establishments smoke-free.
"It's a basic principle on which our nation was founded and
one that Virginia, of all places, should embrace," he said.
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Learn About Tobacco
Legislation In Your State (12/9/08)
If you are interested in learning about current smoking-related legislation
in your state, we suggest visiting the International Premium Cigars
and Pipe Retailers Association (IPCPR) legislation webpage -> www.ipcpr.org/legislation.html.
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