From the Public Health Law Program, Office of the Chief of Public Health Practice, CDC
http://www2a.cdc.gov/phlp/

*** 2006 Public Health Law Conference Proceedings. Proceedings from the 2006 CDC public health law conference, "The Public's Health and the Law in the 21st Century," are now available. For a free copy, please contact Andrea Hines, anh1@cdc.gov .

*** Pandemic Influenza Preparedness Guidance. Several U.S. government agencies have released "Federal Guidance to Assist States in Improving State-Level Pandemic Influenza Operating Plans," available at http://www.pandemicflu.gov/news/guidance031108.pdf.

*** 2008 Immunization Legislation. The Association of State and Territorial Health Officials (ASTHO) is tracking state and federal legislation on several immunization topics, including human papillomavirus vaccine and thimerosal/mercury. Please visit http://www.astho.org/pubs/2008ImmunizationLegislationFinal.pdf.

*** Public Health Systems Research Funding. The Robert Wood Johnson Foundation (RWJF) has issued a special topic solicitation on Public Health Systems and Services Research (PHSSR) through its Changes in Health Care Financing and Organization Initiative. PHSSR provides the evidence base for understanding the organizational, financing, and legal infrastructure of the public health system. All applicants are required to submit a brief proposal on or before May 21, 2008. To access the solicitation and application instructions, please visit http://hcfo.net/phsr/2008solicitation.htm. Frequently Asked Questions can be found at http://hcfo.net/phsr/faqs.htm. Questions should be directed to PHSR@academyhealth.org.

*** HIV/AIDS Incarceration Studies. The British Columbia Centre for Excellence in HIV/AIDS recently published the results of two studies concerning the prevalence of injection drug users in prisons. The first study, "HIV Risks Associated with Incarceration Among Injection Drug Users: Implications for Prison-Based Public Health Strategies," is available at http://jpubhealth.oxfordjournals.org/cgi/content/abstract/fdn021v1. The second, "Incarceration Experiences in a Cohort of Active Injection Drug Users," is available at http://www.informaworld.com/smpp/content~content=a791842465~db=all~order=pubdate. Subscriptions are required.

*** Smoking Ban Economic Report. The Michigan-based Campaign for Smokefree Air has released a report entitled, "Smoke-Free Workplaces: The Impact of House Bill 4163 on the Restaurant and Bar Industry in Michigan," available at http://www.makemiairsmokefree.org/docs/Smokefreeworkplaces_Final.pdf. 

*** Pandemic Influenza Webcast (4/30). The U.S. Department of Health and Human Services will present a Webcast on the impact of student dismissal and school closures as a community mitigation intervention during a pandemic influenza event. The Webcast, to be held on April 30, 2008, at 2:00 p.m. ET, is accessible via http://www.pandemicflu.gov/news/panflu_webinar.html.

*** Public Health Emergency Preparedness CLE (5/15). The New York State Bar Association will present a program entitled, "Getting Ready in New York: Public Health Emergency Legal Preparedness," on May 15, 2008, in Yonkers, New York. The day-long continuing legal education course will explore how various players in a public health emergency interact. To register, visit http://www.nysba.org/GettingReadyinNY.

Top Story

1. Iraq: Iraqi officers crack down on seat-belt scofflaws

States and Localities

2. Kansas: Kansas coal dispute seen as important for national policy

National

3. U.S. sets hazardous-material rules

International

4. Canada: Better safe than sorry, Ottawa says of plastic ban

5. Canada: Prisons brace for fallout of smoking ban

6. China: Food hygiene and global health

7. European Union: No fortissimo? Symphony told to keep it down

8. France: French lawmakers target promotion of extreme thinness

Briefly Noted

Alabama pollutant rules · Connecticut pool rules · Florida pet rules · Louisiana trailer suits · Maryland dental care · Nebraska fluoride bill · Parental consent · Nevada baseball injury rule · New Jersey mercury-tainted site · Rhode Island hamster suit · Wisconsin shaken baby ruling · National tobacco funds · Canada school trans fat ban · Kenya plastic bags

Quotation of the Week

Alan Gardner, oboist and English horn player

This Week's Feature

Law Behind the News. This week, we feature a new Nebraska law requiring some cities and towns to add fluoride to their public water systems. See below for more.

_____________________________1_____________________________

"Iraqi officers crack down on seat-belt scofflaws"

New York Times     (04/18/08)     Erica Goode and Ali Hameed

http://www.thestar.com/News/World/article/416547

Traffic police in Iraq will begin issuing tickets to drivers who violate the nation's seatbelt law. The mandate applies only to drivers, not passengers; violators will be fined 15,000 dinars (about $12.50). Despite more urgent problems on Iraq's roads, officials say the enforcement of such a law has a unique purpose. "It is part of the healing process of this country and of Baghdad to enforce the law, law by law," said Brig. Gen. Zuhair Abada Mraweh, traffic commander for Bagdad's Rusafah district. "The citizens are learning the laws step by step. We have applied all the laws concerning traffic, so it's time for the seatbelt law to be practiced," he said. Traffic police have been a constant presence on Iraq's roads during the last five years. But during that time, a high import tax on automobiles was lifted, flooding the country with new drivers. The number of traffic crashes is unknown, but enforcing the seatbelt law could reduce injuries by 70 percent, said Mraweh. Drivers agreed enforcement of the law would be a positive thing. "It is a symbol of civilization," said taxi driver Ahmed Wahayid.

[Editor's note: Learn more about the Iraqi Traffic Police by visiting http://itp.gov.iq/english/enindex.htm.]

_____________________________2_____________________________

"Kansas coal dispute seen as important for national policy"

Associated Press     (04/19/08)     John Hanna

http://www.kansascity.com/news/breaking_news/story/581800.html

Environmentalists and others concerned with the nation's battle over greenhouse gas regulation are closely watching Kansas for the latest developments in a dispute over two proposed coal-fired power plants. In February 2006, Sunflower Electric Power Corp. applied for an air-quality permit from the Kansas Department of Health and Environment. The application was rejected by Secretary Rod Bremby, who described his decision as a step toward reducing greenhouse gas emissions. The two plants are expected to produce up to 11 million tons of carbon dioxide every year. But Sunflower challenged Bremby's action, and the case is now before the Kansas Supreme Court. The power company also took the matter to the state legislature, which passed two bills allowing the plants move ahead, but both were subsequently vetoed by Gov. Kathleen Sebelius. Critics say Bremby acted outside his legal authority, noting that state regulations do not address carbon dioxide, a greenhouse gas. "He's making it up as he goes along," said Brian Moline, chairman of the Alliance for Sound Energy Policy. But Bremby said he has discretionary authority to protect the state's environment and public health. "I'm not a zealot. There's a lot of emerging information that it would have been irresponsible to ignore," he said, citing last year's U.S. Supreme Court decision declaring carbon dioxide a pollutant. Both sides agree that the decision appears to mark the first time a state has denied an air-quality permit specifically because of carbon dioxide, and are awaiting the state Supreme Court's decision.

_____________________________3_____________________________

"U.S. sets hazardous-material rules"

Wall Street Journal     (04/17/08)     Christopher Conkey

http://online.wsj.com/article/SB120839095603121365.html?mod=googlenews_wsj (subscription required)

The U.S. Department of Transportation (DOT) has promulgated new rules dictating when and how railroads transport hazardous materials through cities. DOT's Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration revised the old rules in response to such deadly accidents as the 2005 train crash in Graniteville, South Carolina, where a poisonous cloud of chlorine killed nine people and injured more than 500 others. The regulations require carriers to determine routes by performing a rail risk analysis considering 27 criteria, such as volume of hazardous material transported, population density, emergency response capability along the route, availability of practicable alternative routes, and impact on rail network traffic and congestion. The rules apply to trains hauling Poison Inhalation Hazard commodities such as chlorine and anhydrous ammonia, said DOT Secretary Mary Peters. Some environmental and consumer-protection organizations, such as Friends of the Earth, have criticized the regulations as giving railroads too much leeway in determining routes. Brent Blackwelder, president of Friends of the Earth, called the rules an "abdication of government responsibility." The American Association for Justice, a group representing trial lawyers who have advocated for victims in hazardous-material accidents, has predicted that the new rules will be found to preempt more restrictive local ordinances. However, FRA Administrator Joseph Boardman has dismissed these criticisms as "nonsensical," saying railroads will work with local officials and be held accountable if they do not. The new rules take effect June 1, 2008, and routing decisions based on the risk analysis must be implemented by September 2009.

[Editor's note: To read 49 CFR Parts 172, 174, and 209, "Hazardous Materials: Enhancing Rail

Transportation Safety and Security for Hazardous Materials Shipments; Railroad Safety Enforcement Procedures; Interim Final Rule and Proposed Rule," see http://www.fra.dot.gov/Downloads/Counsel/HM232EIFRRailRouting.pdf. For a summary see http://www.fra.dot.gov/downloads/PubAffairs/RailHazmatRoutingIFRBackgrounder041608.pdf.] 

_____________________________4_____________________________

"Better safe than sorry, Ottawa says of plastic ban"

Globe and Mail     (04/19/08)     Martin Mittelstaedt

http://www.theglobeandmail.com/servlet/story/LAC.20080419.BPA19/TPStory/National

Canada recently announced its intention to list bisphenol A (BPA) as toxic, a designation that would allow a ban on the manufacture, import, or sale of polycarbonate baby bottles. Polycarbonate is a type of shatter-resistant plastic made with BPA, dominating the North American baby bottle market. Baby food manufacturers will also be told to reduce the amount of BPA in resins lining the inside of infant formula cans, according to Federal Minister of Health Tony Clement, who said current exposures to BPA place infants up to 18 months old at possible risk for developmental or neurological problems. Canada would be the first country to ban BPA, which mimics estrogen and has been linked to some hormonally influenced conditions, such as cancer, declining sperm counts, and early onset of puberty in girls. The American Chemistry Council, an industry association that represents BPA manufactures, has funded two studies used by both the European Union and the United States to support the position that BPA does not pose a health threat. However, Clement said Canada "concluded that it is better to be safe than sorry," after Canadian government scientists conducted their own studies and reviewed about 150 research papers. As news of Canada's announcement broke, Wal-Mart ceased selling polycarbonate bottles and the manufacturer of Nalgene water bottles said it would switch to alternative plastics in response to consumer demand. Canada's designation of BPA's as a toxic substance could be declared as early as October, but the ban will probably not take full effect for a year.

[Editor's note: The draft screening assessment outlining Health Canada's concerns regarding BPA became available last week for a 60-day public comment period. To read the assessment, see http://www.ec.gc.ca/substances/ese/eng/challenge/batch2/batch2_80-05-7_en.pdff. For access to more information about Health Canada's decision, visit http://www.chemicalsubstanceschimiques.gc.ca/challenge-defi/bisphenol-a_e.html.] 

_____________________________5_____________________________

"Prisons brace for fallout of smoking ban"

CanWest News Service     (04/21/08)     Phil Couvrette

http://www.nationalpost.com/todays_paper/story.html?id=461481

As the Correctional Service of Canada (CSC) prepares for a total smoking ban in federal prisons, regional staff and inmates are expressing concerns about possible violence and contraband trading. "We can hardly curb access to drugs, how do we think we are going to be able to control access to tobacco, which is a legal substance?" asked a Quebec prison warden. CSC, a federal agency responsible for administering prison sentences of two or more years, banned indoor smoking in its facilities in 2006, and new rules that ban outdoor smoking take effect next month. Since implementation of the 2006 indoor ban, no major incidents have been reported, according to CSC. However, officials had reported about 9,000 indoor smoking offenses by March 2007 -- some 16 percent of all disciplinary charges for the period. According to a 2002 study, about 72 percent of the inmate population smokes. Prison documents obtained by CanWest News Service claimed the indoor ban failed to improve air quality and created new risks because inmates use electrical outlets or wicks to light up, creating noxious fumes and sometimes sparking fires. "Many view the disciplinary system as an ineffective deterrent against an addiction to tobacco and note that tensions have increased between staff and offenders," said one of the obtained documents originally addressed to Public Security Minister Stockwell Day. But federal officials expect controversy over the total ban to die eventually because most provinces and territories have already successfully implemented total smoking bans in their detention facilities.    

_____________________________6______________________________

"Food hygiene and global health"

American Journal of Public Health     (04/08)     Liping Bu and Elizabeth Fee

http://www.ajph.org/cgi/content/extract/98/4/6344 (subscription required)

This article reviews the history of food hygiene and safety efforts in China. Prior to the Food Hygiene Law of 1995, which currently regulates food safety in China, food hygiene and safety was a central concern highlighted by public health education movements of the 1950s through 1980s, according to the authors. The review included over 3,000 health posters at the Chinese Public Health Collection in the National Library of Medicine, which included messages such as 'pay attention to food hygiene' and 'prevent diseases from entering through the mouth.' The educational campaigns culminated in 1960 when China's Ministry of Health and Ministry of Commerce issued advisories instructing food workers to keep food safely stored, clean utensils, and not buy or sell bad food. The first Chinese food hygiene law was enacted in 1982, establishing governmental food inspections and giving citizens the right to report violations by filing charges in court. But despite updates to the 1982 law and the establishment of the Food and Drug Administration (FDA) in 2003, the food safety situation in China has worsened, according to the authors, who noted that "the execution of [the FDA's] former director…for corruption reveals…the serious failure to safeguard the public from harmful foods and drugs." As a step toward remediation, the authors suggest the creation of an international mechanism that guarantees legal standards and ensures public health. 

[Editor's note: To read an English translation of the Food Hygiene Law of 1995, see http://faolex.fao.org/docs/texts/chn23756E.doc.]

_____________________________7_____________________________

"No fortissimo? Symphony told to keep it down"

New York Times     (04/20/08)     Sarah Lyall

http://www.nytimes.com/2008/04/20/arts/music/20noise.html?incamp=article_popular

Across Europe, orchestra companies are taking steps to comply with a law requiring employers to limit workers' exposure to damaging noise. Rock musicians have openly discussed the detrimental effects of noise for years, but classical musicians have been reluctant to accept that their profession can lead to hearing loss, despite studies showing that it can. The law, which is just taking effect for the entertainment industry, has orchestras providing high-tech earplugs, altering repertoires, changing seating arrangements, and strategically placing noise-absorbing panels and anti-noise screens to force noise over the heads of other players. "I have a computer program that gives me a minute-by-minute timeline chart through the whole piece," said Philip Turbett, orchestra manager for the English National Opera. "I can go back to the musicians and say, 'Between bar 100 and bar 200, there's a very loud passage, so please put in hearing protection.'" In one extreme example of the law's impact on the classical music industry, the manager of the Bavarian Radio Symphony Orchestra halted the world premiere of the piece, "State of the Siege," by composer Dror Feiler, after tests showed the average noise level during performance to be 97.4 decibels -- just below the level of a pneumatic drill and a violation of the new noise limits. For their part, conductors have also been asked to tone it down. "I know conductors who have hundreds of shades of fortissimo, but not many in the lower levels. Maybe the whole world is just becoming louder," said Marianne Käch, executive director of the Berne Symphony Orchestra. 

[Editor's note: For a summary of the worker hearing protection legislation, "Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise)," see http://europa.eu/scadplus/leg/en/cha/c11148.htm. To read text of the directive, see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:042:0038:0044:EN:PDF.]

_____________________________8_____________________________

"French lawmakers target promotion of extreme thinness"

Wall Street Journal     (04/16/08)      Christina Passariello and Stacy Meichtry

http://online.wsj.com/article_email/SB120827562089316509-lMyQjAxMDI4MDE4NTIxNzU1Wj.html (subscription required)

Last week, lawmakers in France's lower house of Parliament approved a bill making the incitement of "excessive thinness" a crime. The legislation was introduced in response to the deaths of several international fashion models in recent years. The bill, which mainly targets Internet sites that explicitly encourage anorexia and offer information on food deprivation, will also affect the fashion industry. According to Valérie Boyer, who introduced the bill in Parliament, the proposal was designed to crack down on "social pressure, notably [that] exerted by the media." The bill specifically targets anyone who "promotes abusive food behavior that can turn pathological." But the fashion industry questioned the alleged link between its activities and eating disorders. "Fashion has never been thought of as inciting anorexia," said Didier Grumbach, president of France's Fashion Federation. Grumbach supports steps to target pro-anorexia Websites, but said "[i]f the law is to regulate fashion … then we're against it." If approved by the Senate, the law would allow judges to punish offenders with a fine up to €45,000 (more than $70,000). French Health Ministry officials say between 30,000 and 40,000 people suffer from anorexia, the majority of them women.

[Editor's note: To read the text of the bill, No. 289, visit http://www.senat.fr/leg/ppl07-289.html  (French).]

_____________________BRIEFLY NOTED______________________

Alabama: Environmental regulators restrict pollutants in waterways

"State pollutant rules tightened"

Associated Press     (04/19/08)     Kate Brumback

http://www.accessmontgomery.com/apps/pbcs.dll/article?AID=/20080419/NEWS02/804190338/
0/OPINION02

Connecticut: State pool builders and inspectors provide safety seminars on evolving regs

"After boy's death, pool safety gains urgency"

New York Times     (04/20/08)     Kristin Hussey

http://www.nytimes.com/2008/04/20/nyregion/nyregionspecial2/20poolct.html?_r=1&oref=slogin

Florida: Failing to pay animal-code violations will result in revoked parking permits, liens

"Miami Beach getting tougher on leashless pets, scofflaw owners"

Miami Herald     (04/17/08)     Tania Valdemoro

http://www.miamiherald.com/news/miami_dade/beaches/story/499904.html

Louisiana: Officials will begin filing suits to remove travel trailers

"Parish to start FEMA trailer lawsuits"

Times-Picayune     (04/16/08)     Richard Rainey

http://nola.live.advance.net/news/t-p/index.ssf?/base/news-6/1208323470243710.xml&coll=1

Maryland: New funding increases Medicaid rates paid to dentists

"Dental-care access expands"

Washington Post     (04/17/08)     Mary Otto

http://www.washingtonpost.com/wp-dyn/content/article/2008/04/16/AR2008041601365.html

Nebraska: Lawmakers overturn veto of fluoridation requirement for cities and towns

"Legislature votes fluoride bill back to life"

World-Herald     (04/18/08)     Henry J. Cordes

http://www.omaha.com/index.php?u_page=2798&u_sid=10313167

Nebraska: Notarized parental consent required where alcohol is consumed

"Omaha music venues still open to teen fans"

World-Herald     (04/16/08)     Karen Sloan

http://www.omaha.com/index.php?u_page=2798&u_sid=10310655

Nevada: Supreme Court holds ballpark owners have "limited duty" to fans for injuries

"Baseball rule adopted"

Associated Press     (04/17/08)     Brendan Riley

http://sportsillustrated.cnn.com/2008/baseball/mlb/wires/04/17/2010.ap.bbm.foul.ball.appeal.
0427/index.html

New Jersey: Former Kiddie Kollege site will be demolished

"New Jersey will raze mercury-tainted day care"

Philadelphia Inquirer     (04/18/08)     Sam Wood

http://www.philly.com/inquirer/local/20080418_New_Jersey_will_raze_mercury-tainted_day_care.html

Rhode Island: Company sued for failure to warn of lymphocytic choriomeningitis virus risk

"PetSmart sued for hamster blamed 3 deaths"

Associated Press     (04/17/08)

http://ap.google.com/article/ALeqM5i4jHrKkPKfM3-FA_kqCLeObg_PBQD903BF600

Wisconsin: Supreme Court upholds lower court ruling, citing new research on syndrome

"Wis. high court lets 'shaken baby' ruling stand"

Associated Press     (04/17/08))

http://www.usatoday.com/news/nation/2008-04-17-wis-shaken-baby_N.htm 

National: Cigarette maker pays $4 billion to states, claims not to owe $156 million more

"Philip Morris pays states in full"

Richmond Times-Dispatch     (04/16/08)     John Reid Blackwell

http://www.inrich.com/cva/ric/news.apx.-content-articles-RTD-2008-04-16-0052.html

Canada: Junk food ban eventually to include high schools

"Ontario bans most trans fats from schools"

The Standard     (04/17/08)    

http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=989836

Kenya: Measure taken to keep bags out of sewers to cut down on malaria-carrying mosquitoes

"Parliament passes bill to control plastics"

East African Standard     (04/17/08)

http://allafrica.com/stories/200804161224.html

__________PHL NEWS QUOTATION OF THE WEEK___________

"It's like saying to a racing-car driver that they have to wear a blindfold."

--Alan Gardner, an oboist and English horn  player, on being told that he has to wear earplugs during entire three-hour rehearsals and performances to comply with a new European Union law regulating workplace noise. [See item 7, above.]

__________________LAW BEHIND THE NEWS___________________

Last week, Nebraska Gov. Dave Heineman vetoed Legislative Bill 245, an act "to change provisions relating to fluoridation of drinking water," citing concerns that it amounted to an unfunded mandate. In a 31-4 vote, (one vote more than required), the legislature overturned the veto, citing the bill's opt-out provisions.

The new law requires any "city or village having a population of one thousand or more inhabitants" to add fluoride to the water supply, unless the water supply already has "sufficient amounts of naturally occurring fluoride." The law allows a city or village to opt-out of the mandate by adopting an ordinance to prohibit the fluoride supplements after the effective date of the law but before June 1, 2010.

To read the full text of the legislation, visit http://www2a.cdc.gov/phlp/docs/LB245.pdf .

___________________________________________________________

The CDC Public Health Law News is published each Wednesday except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge.  News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by the original authors of items included in the News, or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions in this document are those of the author(s) and do not necessarily represent the views of CDC. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.

For past issues or to subscribe to the weekly CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

The News is published by the Public Health Law Program, Office of the Chief of Public Health Practice, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D., Editor; Christopher Seely, J.D., Associate Editor; Karen L. McKie, J.D., M.L.S., Editorial Advisor.