The new regulations would ban vaping from sidewalks, businesses, restaurants and bars, and other areas considered public by the county.

NEW HANOVER COUNTY — The county’s recently formed Health and Human Services Board will consider two draft proposals next week, one that would ban electronic cigarettes and another that would ban all nicotine-containing products, including cigarettes, ‘vaping,’ and potentially chewing tobacco. Both bans would affect a broad definition of public places.

According to Health Director Philip Tarte, the proposed new regulations are intended in part to address growing concerns about vaping, including recent fatalities — including the first reported North Carolina death attributed to vaping, which occurred last month in Greensboro.

A nationwide investigation by the CDC into over a thousand injuries and over a dozen deaths has yet to isolate a particular product responsible for harm; however, in late September the CDC noted that many victims had reported using prefilled vaping cartridges containing THC; these products were purchased illicitly and purchased from ‘informal’ sources, according to the Washington Post.

Tarte also noted that, in general, the new proposals were designed to address the unknown health effects of vaping. The practice has been around for about a decade and long-term studies are just starting to emerge, leaving a lot of unknowns.

“I will tell you, safer is not necessarily safe. That’s the point we want to get to,” Tarte said. “When you think about the diacetyl [a flavoring ingredient], and the popcorn lung you’ve heard about, and the hyperactivity and depression in kids, you’re talking about addiction to nicotine — I’m not finding the ‘safer’ route.”

What the new plans would do

The broader of the two proposals would ban any ‘tobacco’ related product, which would explicitly include cigarettes and electronic cigarettes (vaping). The proposal could also include smokeless and chewing tobacco. The more narrow of the plans would only include vaping.

Current state law, passed in 2010, prohibits traditional tobacco cigarettes and cigars in certain public places as well as bars and restaurants. The new proposals would broaden what ‘public’ areas are included significantly, and would also include vaping.

The new prohibition would cover all of New Hanover County, including Wilmington, Carolina Beach, Wrightsville Beach, Kure Beach, and all unincorporated areas.

Under the proposals, vaping (and possibly smoking) would be banned in the following public areas:

• Any county, town, or city building, vehicle, or publicly owned areas
• Fields and trails
• Bus stops and public transportation
• Sidewalks
• Shopping Malls
• Retail stores
• Galleries, libraries, and museums
• Entertainment and sports arenas (i.e. Greenfield Lake Amphitheater, the planned Live Nation venue, Legion Stadium, etc.)
• Lobbies, hallways, and other common areas in an apartment or other multi-unit residential facilities
• Offices or other commercial establishments

The plans explicitly note that prohibitions would not apply to private residences, vehicles, and clubs, as well as smoking or e-cigarette shops, cigar bars, and designated smoking or e-cigarette guest rooms in a lodging establishment (the plans would limit hotels and other lodging places to 20% of the rooms as smoking or vaping rooms). There’s also an exemption — aimed at avoiding conflict with the film, theater, and television industry — that allows actors or performers to use cigarettes or vaping devices as part of a performance.

The plans would also encourage a more unified program across county and municipal governments for public education. This would include providing materials to government employees and the general public about ‘free quitting support services,’ including the North Carolina Smoking and E-Cigarette Use Quitline (1-800-QUIT-NOW / 1-800-784-8669).

Enforcement

Under the broader proposal, smoking and vaping in ‘public’ could result in $50 fine, enforceable by either the New Hanover County Sheriff’s Office or municipal law enforcement. E-cigarette violations would constitute a misdemeanor (smoking would not).

For establishment owners, initial and second violations would result in written warnings followed by administrative penalties of up to $200; each day on which a violation occurred could be considered a separate violation. These enforcements would come under the county’s Health and Human Services Department.

The proposals have just been submitted to the county’s Health and Human Servies Board (recently formed by combining the county’s human services and health departments); ahead of that, though, Tarte shared the proposals with surrounding municipalities and other shareholders.

“What we really wanted was feedback,” Tarte said, adding that while he felt there was a lot of support for the plans, there were questions — predominantly about enforcement. Tarte acknowledged that, in particular, shareholders in downtown Wilmington including the Chamber of Commerce and WDI asked about how enforcement would be handled.

Tarte acknowledged that the new proposals cover a lot of ground — New Hanover County has a lot of sidewalks, for one — and said there would not be roving bands of ‘e-cigarette police,’ adding that what he hoped to see was not fines for businesses and individuals but self-policing. Tarte compared the proposed bans to his experience with the state ban on cigarettes in bars and restaurants.

“Mostly, we saw bars and restaurants regulate themselves,” Tarte said. He added that having a law on the books would make it easier for businesses with concerns to encourage patrons to abstain.

While Tarte was clear that “a rule is a rule and is there to be enforced,” he also said he felt the potential for fines and misdemeanor charges would encourage people to take advantage of the educational opportunities.

“The point of the policy isn’t solely to be punitive — although that aspect is there if we need it — but we want it to part of the rule, the options to help quit smoking are put out there. We want something that isn’t just punitive but assists people,” Tarte said.

Next steps

At the upcoming Tuesday, October 15 meeting the Health and Human Services Board will consider both proposals. According to Tarte, they could approve one or the other, reject both and go back to the drawing board, or come up with a hybrid proposal.

If a proposal is approved, Tarte said the next step would be to gather public comment. County spokeswoman Kate Oelslager said staff are working on a website landing page to help provide information and context about the proposals. Following a public comment period, the Board would incorporate public input and move to pass a new regulation.

Because state law prohibits health boards from regulating tobacco smoking without the approval of the board of commissioners, the proposals would advance differently depending on how narrow or broad they are, Tarte said.

For a proposal that just regulates vaping, Tarte said the county’s legal staff believe the process wouldn’t fall under state statute and the board could pass a new regulation directly into county law. If the proposal included smoking, the board would pass the regulation but it would not be able to take effect unless (and until) the commissioners passed a resolution supporting the move.

The Health and Human Services Board will hold its monthly meeting on Tuesday, October 15, at 8 a.m. in the Lucie Harrell Conference Room located in the New Hanover County Government Center at 230 Government Center Dr.

Send comments and tips to Benjamin Schachtman at ben@localvoicemedia.com, @pcdben on Twitter, and (910) 538-2001