June 25, 2007

Position Statement of the Association of Food and Drug Officials on Smoke-Free Food Establishments

The Association of Food and Drug Officials (AFDO) is a non-profit professional organization consisting of state, Federal, and local regulatory officials as members, with industry representatives participating as associate members. From its very inception over 111 years ago, AFDO has recognized the need for uniform laws and regulations and has actively promoted uniformity and cooperation among regulatory agencies at all levels. AFDO strongly supports laws that create smoke free environments in food establishments. These laws not only protect worker health, but reduce the risk of foodborne illness.

Contaminated hands are a significant factor in the transmission of disease. Employee smoking in food establishments or returning to food-handling activities after smoking may result in the contamination of exposed food; clean equipment, utensils, and linens; or other items needing protection. The Federal model Food Code, adopted by most states, prohibits smoking by employees in food preparation areas because of the potential that hands, food, and food-contact surfaces may become contaminated. When food handlers smoke during breaks outside or in break rooms, hands can carry contamination back to the food preparation area unless precautions such as hand washing are strictly adhered to. In 1800 surveys of food establishments, the FDA found failures to comply with hand washing guidelines in 73% of full-service restaurants and 34% of hospitals; so the likelihood of food contamination from employee smoking practices is significant. 1,2

AFDO places a high importance on public health in the enactment of uniform laws and regulations. Here are other considerations in support of smoke-free environments in food establishments:

• According to the American Cancer Society, secondhand smoke is the third leading preventable cause of death in the United States, killing 38,000 to 65,000 nonsmokers every year.
• Smoke causes heart, lung and cancer diseases. According to the U.S. Surgeon General, nonsmokers exposed to secondhand smoke at home or work, increase their risk of developing heart disease by 25 to 30 percent and lung cancer by 20 to 30 percent.
• The U.S. Surgeon General released results from a comprehensive study which concludes that there is no risk-free level of exposure to secondhand smoke and that the only way to completely protect nonsmokers is to eliminate smoking indoors.
• Food service workers are 50% more likely to develop lung cancer than others, because they are exposed to secondhand smoke on the job. 3,4
• The elimination of workplace smoking results in lower health insurance costs, lower Medicaid spending, and lower mortality rates.
• The EPA estimates the cost savings of eliminating secondhand smoke in the workplace to be between $35 and $66 billion a year. 5

To protect public health and reduce the risk of disease transmission, AFDO supports uniform laws that create smoke-free food establishment environments.

Respectfully submitted,

Steve Steingart, President
Association of Food and Drug Officials

1 FDA Report on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice, Restaurants and Retail Food Facility Types (2004)

2 Report of the FDA Retail Food Program Database of Foodborne Illness Risk Factors (2000)

3 Shopland, D.R.; Anderson, C.M.; Burns, D.M.; Gerlach, K.K., "Disparities in smoke-free workplace policies among food service workers," Journal of Occupational and Environmental Medicine, 46(4): 347-356, April 2004.

4 Siegel, M. "Involuntary Smoking in Restaurant Workplace: A Review of Employee Exposure and Health Effects." JAMA, 270: 490-493, 1993.

5 United States Environmental Protection Agency (EPA) (1994). The Costs and Benefits of Smoking Restrictions: An Assessment of the Smoke-Free Environmental Act of 1993 (H.R. 3434). Office of Air and Radiation. Washington, D.C.: U.S. EPA.