How YOU Can Help Enforce the Law in VIRGINIA
Which Bans Smoking in Restaurants and Bars
Virginia
has a new law which bans smoking -- with very narrow exceptions -- in
restaurants and bars within the state. You can help protect
yourself, your family and friends, and other nonsmokers if you live,
work, or visit in Virginia by: A.
knowing the law, B.
advising owners and
operators if they are not complying with the law, and C. filing a formal
complaint with authorities if necessary to secure compliance.
To help you, please check the following links:
The Law Explained in Easy-to-Understand Language
The Official Text of the Law Banning Smoking
Complaints should be filed with the local office of the Department of Health. You can get contact information about the local office in the county in which the restaurant is situated by going to: VA Local Health Departments. In most cases a complaint can be filed directly on line and/or via email.
Your complaint should contain the name, address, and (if possible) the telephone number of the restaurant or bar, and a clear and concise description of the manner in which the establishment is not in compliance. Include anything you saw or heard (e.g., where people were smoking, what if anything was said concerning the issue, were signs properly posted, did you observe ashtrays, were there cigarette butts, etc.).
If the restaurant or bar has a smoking section, it must meet ALL the three requirements set forth below. If any one or more of these requirements is not met, you should file a complaint as described above, and specify which one or more of the three requirements is not being met.
■ 1. The smoking section must be structurally separated from the portion of the restaurant in which smoking is prohibited and to which ingress and egress is through a door ["Structurally separated" means a stud wall covered with drywall or other building material or other like barrier, which, when completed, extends from the floor to the ceiling, resulting in a physically separated room. Such wall or barrier may include portions that are glass or other gas-impervious building material]; AND
■ 2. It must be separately vented to prevent the recirculation of air from such area to the area of the restaurant where smoking is prohibited.
■ 3. Also, at least one public entrance to the restaurant shall be into an area of the restaurant where smoking is prohibited.
If, after filing the complaint, the matter is not promptly resolved to your satisfaction, you should take the following steps:
■ A. File a complaint, in the form of a letter sent via Certified Mail Receipt Requested, to the mailing address of the Health Dept. in the county.
■ B. Send a copy of your letter to Mr. Gary Hagy, Food and Environmental Services, VA Dept of Health, PO Box 2448, Richmond VA 23218-2448.
■ C. Send an additional copy of your letter to ASH-Enforcement, 2013 H St., NW, Washington, DC 20006
Please understand that neither Action on Smoking and Health (ASH), nor any of its attorneys or employees, can provide you with legal advice concerning this statute and its enforcement. You may, however, wish to contact your local antismoking organization for assistance.
To help you, please check the following links:
The Law Explained in Easy-to-Understand Language
The Official Text of the Law Banning Smoking
Complaints should be filed with the local office of the Department of Health. You can get contact information about the local office in the county in which the restaurant is situated by going to: VA Local Health Departments. In most cases a complaint can be filed directly on line and/or via email.
Your complaint should contain the name, address, and (if possible) the telephone number of the restaurant or bar, and a clear and concise description of the manner in which the establishment is not in compliance. Include anything you saw or heard (e.g., where people were smoking, what if anything was said concerning the issue, were signs properly posted, did you observe ashtrays, were there cigarette butts, etc.).
If the restaurant or bar has a smoking section, it must meet ALL the three requirements set forth below. If any one or more of these requirements is not met, you should file a complaint as described above, and specify which one or more of the three requirements is not being met.
■ 1. The smoking section must be structurally separated from the portion of the restaurant in which smoking is prohibited and to which ingress and egress is through a door ["Structurally separated" means a stud wall covered with drywall or other building material or other like barrier, which, when completed, extends from the floor to the ceiling, resulting in a physically separated room. Such wall or barrier may include portions that are glass or other gas-impervious building material]; AND
■ 2. It must be separately vented to prevent the recirculation of air from such area to the area of the restaurant where smoking is prohibited.
■ 3. Also, at least one public entrance to the restaurant shall be into an area of the restaurant where smoking is prohibited.
If, after filing the complaint, the matter is not promptly resolved to your satisfaction, you should take the following steps:
■ A. File a complaint, in the form of a letter sent via Certified Mail Receipt Requested, to the mailing address of the Health Dept. in the county.
■ B. Send a copy of your letter to Mr. Gary Hagy, Food and Environmental Services, VA Dept of Health, PO Box 2448, Richmond VA 23218-2448.
■ C. Send an additional copy of your letter to ASH-Enforcement, 2013 H St., NW, Washington, DC 20006
Please understand that neither Action on Smoking and Health (ASH), nor any of its attorneys or employees, can provide you with legal advice concerning this statute and its enforcement. You may, however, wish to contact your local antismoking organization for assistance.
