Governor Togiola moves forward with Smoke Free Environment Act

Press Release By Fili Sagapolutele - Gov. Togiola Tulafono this week transmitted to the Fono the American Samoa Smoke Free Environment Act, that if enacted into law, will ban smoking in all public places, including enclosed places such as bars and restaurants, and places of employment.

A similar measure was approved by the Fono last year but was vetoed by the Governor, who said at the time that while he is a proponent of smoke-free living, he disagreed with provisions of the measure which allowed smoking in designated areas of public places such as bars and restaurants, where second hand smoke occurs. 

Under the new proposal, which was made in consultation with the Department of Health, smoking is banned in all such places and signs will be required to clearly state smoking is prohibited. 

In his letter to the Fono leadership, the governor noted the World Health Organization 2004 “STEPS Report of Non-Communicable Disease Risk Factors in American Samoa”, a survey which states that 39.4% of the study population were smokers and 29.9% were daily smokers. 

Additionally, in the 2007 Youth Risk Behavior Survey Results for American Samoa, 57% of teenage youth have tried cigarette smoking.

Although tobacco use has declined in many developed nations, “our data shows that smoking prevalence has not declined in American Samoa,” the Governor wrote. “Thus, the risk of smoking-related chronic diseases therefore remains high for a large proportion of American Samoans.”

“Also, the risks created by tobacco smoking are not limited to the smokers themselves but to nonsmoking residents from exposure to secondhand smoke,” he said. 

The Governor noted the American Cancer Society states in the U.S. alone, secondhand smoke is responsible for an estimated 35,000 deaths from heart disease in non-smokers who live with smokers, and pregnant women exposed to secondhand smoke are at increased risk of having low birth weight babies. 

“Therefore I believe by introducing the American Samoa Smoke Free Environment Act, we can greatly reduce the development of chronic diseases within the residents of American Samoa,” he said. “I am a proponent of smoke-free living and I honestly believe that eliminating tobacco smoke from public places and places of employment is a step towards better health.”

In a statement issued Tuesday night the Governor said the top two causes of death in American Samoa are heart disease and cancer, and both are chronic diseases that can be reduced by changing behavioral risk factors.

“People shouldn’t see this as a bill singling out smokers and punishing them, but helping to protect those who aren’t smokers,” he said. “The American Samoa Smoke-Free Environment Act will promote healthy living.”

Togiola expressed his sincere gratitude for the huge support and assistance in the proposed legislation from Director Tuiasina Dr. Salamo Laumoli and the Department of Health, LBJ Tropical Medical Center, Chairperson Jennifer Tofaeono and the American Samoa Community Cancer Coalition, Fono members, and members of the community.

The bill prohibits smoking in all enclosed areas of public places and the measure outlines public places (including buses and taxis) and spells out what is considered a restaurant. 

A public place does not include a private residence, unless such residence is used as a licensed day care center, the bill says.

Smoking is also prohibited in all enclosed places of employment without exception. This includes common work areas, which are listed, and includes vehicles.

According to the bill, owners and operators of all enclosed public places must post visible signs banning smoking. This is also the same for places of employment.

A person is fined $50 for violation of the ban. The owner of a public place or company who fails to comply with the law will be fined $100 for the first violation and $200 for each additional violation within one year.

In addition, the business license for the owner could be suspended or revoked. 

DOH is the lead agency for implementation, management, and enforcement of the Act as well as monitoring enforcement efforts and notifying relevant departments, agencies, boards and commissions of violators who persistently fail to comply with provisions of the Act.

Lawmakers may not be able to review the proposed law during this session because of the budget hearings which began yesterday and will last until Sept. 25. The current session ends the first week of October.