State regulations and court decisions that provide interpretations of legislation are not included. Furthermore, local ordinances that can substantially impact tobacco control requirements are not included. Finally, this section does not account for the manner in which the law is implemented or applied by each state. Tobacco control contacts in state health departments and other organizations may be contacted to provide additional information on the implementation of tobacco control legislation in each state. For the purposes of this report, preemptive legislation is defined as legislation that prevents any local jurisdiction from enacting restrictions that are more stringent than the state law or vary from the state law.
Preemption clauses in smoke free indoor air laws also vary widely.
Tobacco control contacts in state health departments and other organizations may be contacted to provide additional information on state preemption clauses. This section does not include the restrictions on tobacco advertising and promotion included in the November 1998 settlement agreement between the tobacco industry and 46 states, Washington D.C. and five territories. Nor does it include restrictions in the earlier settlement agreements between the industry and Florida, Minnesota, Mississippi and Texas. Estimates are for the civilian non institutionalized population. Current smokers are defined as those who reported ever smoking at least 100 cigarettes and who now smoke every day or some days.