*** Built Environment Health Study. The California Center for Public Health Advocacy, the UCLA Center for Health Policy Research, and PolicyLink have released "Designed for Disease: The Link Between Local Food Environments and Obesity and Diabetes," available at http://www.publichealthadvocacy.org/designedfordisease.html.

*** Smog Health Report. The National Research Council of the National Academies recently released "Estimating Mortality Risk Reduction and Economic Benefits from Controlling Air Pollution." The report is available at http://www.nap.edu/catalog.php?record_id=12198.

*** Climate Change Webinars. The Association of State and Territorial Health Officials (ASTHO) recently finished the third and final installment of its Climate Change and Health Webinar series. Access the series at http://www.astho.org/?template=methamphetamine.html.

*** Childhood Injury Prevention Hearing (5/1). The U.S. Senate Committee on Health, Education, Labor, and Pensions will hold a hearing entitled, "Keeping America's Children Safe: Preventing Childhood Injury," on May 1, 2008, at 10:00 a.m. ET, in Room 430 of the Dirksen Senate Building. It is accessible online at http://help.senate.gov/Hearings/2008_05_01/2008_05_01.html.

*** Genomics Conference (5/1-5/3). Case Western Reserve University will host a conference entitled "Translating ELSI: Legal and Social Implications of Genomics," on May 1-3, 2008, in Cleveland, Ohio. For more information, visit http://www.case.edu/med/bioethics/cgreal/elsi/.

*** Canadian Public Health Conference (6/1-6/4). The Canadian Public Health Association will hold its annual conference June 1-4, 2008, in Halifax, Nova Scotia. To register for the conference, "Public Health in Canada: Reducing Health Inequalities through Evidence and Action," visit http://www.cpha.ca/en/conferences/cphaconf.aspx.

*** New York State Public Health Conference (6/6). The New York State Public Health Association will hold its annual meeting and conference on June 6, 2008, with the theme "Evaluating Our Public Health Efforts." To register for the conference in Lake George, New York, visit http://www.nyspha.org/pub/index.php.

Top Story

1. Senate passes genetic nondiscrimination act

States and Localities

2. South Carolina: Schools combat smoking

3. Utah: Records show state-mandated HIV testing of prostitutes, clients is sporadic

National

4. Public response to community mitigation measures for pandemic influenza

5. Sanderson Farms and Perdue Farms v. Tyson Foods

6. William H. Stewart is dead at 86; put first warnings on cigarette packs

International

7. Australia: Govt hikes 'alcopops' tax

Briefly Noted

Arkansas jail food suit · California climate change · Connecticut trans fat ban · Indiana workplace smokers · Maine midwife law · New York menu labeling suit · Oklahoma English-only law · Virginia medication order · National senior health bill · Safeguards for health data · Canada provincial smoking ban · Indonesia pandemic exercise · Russia smoking rules · Singapore infectious disease law · Taiwan suicide encouragement law · Wales sheep rules

Quotation of the Week

Director Francis S. Collins, National Human Genome Research Institute

This Week's Feature

Law Behind the News. This week, the News features a new law in Singapore, designed to strengthen the nation's response to infectious disease. See below for more.

_____________________________1_____________________________

"Senate passes genetic nondiscrimination act"

Chicago Tribune     (04/25/08)     Judith Graham

http://www.chicagotribune.com/features/lifestyle/health/chi-genetic-discrimination_25apr25,1,420
3765.story

Last week, the U.S. Senate unanimously passed the Genetic Information Nondiscrimination Act (GINA), described by one lawmaker as the first civil rights act of the 21st Century. The bill now goes to the House, where it was approved by a wide margin last year, and the President has said he will sign the measure. The bill prevents employers from asking employees for genetic information, and from using such information in the hiring or firing process. GINA will also protect tens of millions of individual consumers who purchase health insurance, effectively expanding protections afforded by the Heath Insurance Portability and Accountability Act (HIPAA) of 1996, which prohibits employers' health insurance plans from using customers' genetic profiles to deny benefits or raise prices. "We are on the leading edge of what very well may be the transformation of medicine, and yet that bright horizon had a cloud over it, which was the potential for genetic discrimination," said Francis S. Collins, director of the National Human Genome Research Institute. "That cloud is going to disappear." Still in its infancy, experts say genetic testing will allow those people at high risk of developing a disease to find out early enough to take preventive steps, or help researchers target treatments to a person's genetic makeup. But researchers say the fear of discrimination based on their genetic predispositions has kept many people from enrolling in studies exploring the genetic basis of disease. That fear has also kept many from being tested for various conditions for fear of being denied health insurance.

[Editor's note: To read the text of the Genetic Information Nondiscrimination Act, H.R. 493, visit http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h493eas.txt.pdf. To learn more about GINA from the National Human Genome Research Institute, of the National Institutes of Health, visit http://www.genome.gov/27026050.]

_____________________________2_____________________________

"Schools combat smoking"

The State     (04/27/08)     Devon Copeland

http://www.thestate.com/123/story/387857.html

Since the passage of the 2006 Youth Access to Tobacco Prevention Act, almost 300 South Carolina public school students have received court orders to enter tobacco cessation programs. Under the Act, anyone 17 or younger in South Carolina is prohibited from possessing or attempting to buy cigarettes or tobacco. In response to the law, some school districts have written their own policies declaring campuses 100 percent tobacco-free and offering cessation programs for employees who smoke and students who are caught smoking. Minors convicted of violating the law have been ordered to attend such state-approved programs as the Alternative to Suspension program  or the South Carolina Tobacco Quit Line Youth Support Program. "Finding good programs (for students) that meet all our needs is hard," said Mary Beth Hill, spokeswoman for Lexington School District 1. One difficulty in modeling successful teen cessation programs is helping them learn the triggers causing them to smoke. "That's a pretty complex activity, even for an adult," said June Deen, vice president of the South Carolina chapter of the American Lung Association. "[Teen] coping skills and their behavior-changing skills are not as developed as adults." According to some health advocates, adults use tobacco out of frustration or stress while minors use it out of boredom, to be cool, or to imitate behavior at home. To date, the South Carolina Department of Health and Environmental Control has approved six programs to target teen smoking.  

[Editor's note: To read "Sale or purchase of tobacco products for minors," S.C. Code of Laws, Section 16-17-500, visit http://www.scstatehouse.net/CODE/t16c017.htm and scroll down.] 

_____________________________3_____________________________

"Records show state-mandated HIV testing of prostitutes, clients is sporadic"

Salt Lake Tribune     (04/28/08)     Erin Alberty

http://www.sltrib.com/ci_9079757

Although Utah law requires HIV testing for convicted prostitutes and their patrons, a review of court records by the Salt Lake Tribune indicates a lack of enforcement by criminal justice and public health agencies. The newspaper's investigation revealed no record of HIV tests being ordered, read by a judge, or filed in nearly 40 percent of solicitation and prostitution convictions handled in state courts in 2006 and 2007. Utah is one of at least six states where penalties for solicitation and prostitution increase if the offender previously tested positive for HIV, but some police officers told the Tribune that they do not always receive test results from prosecutors for use in future cases. Police also reported having difficulty enforcing the increased penalties because many sex workers use aliases, and noted that if an offender leaves a jurisdiction and is arrested elsewhere, there would be no HIV test record in the new jurisdiction. Health officials have found that the HIV-enhanced prosecutions are most effective not because they deter infected offenders, but because of the corresponding HIV counseling and drug treatment required for those convicted of felony prostitution. According to Salt Lake City prosecutor Sim Gill, the irony of the lack of enforcement of the criminal law is that the cost of treating most offenders is less than the cost of punishing them. "We're talking about a criminal justice response to what is otherwise a public health issue," Gill said.

[Editor's note: To read Utah Prostitution Laws dealing with HIV testing and offender status, see http://www.le.state.ut.us/~code/TITLE76/76_0C.htm and scroll to Sections 76-10-1309, 76-10-1310, 76-10-1311, and 76-10-1312.]

_____________________________4_____________________________

"Public response to community mitigation measures for pandemic influenza"

Emerging Infectious Diseases     (05/08)     Robert J. Blendon and others

http://www.cdc.gov/eid/content/14/5/pdfs/778.pdf

This article provides results from a national survey gauging public reaction to community mitigation interventions that could be used during a severe outbreak of pandemic influenza. In particular, the authors examine public reaction to social distancing and other non-pharmaceutical interventions, including a public health recommendation to stay home if they or a member of their household were infected; closure of schools; and a recommendation to stay away from work. According to the authors, if the social distancing measures were implemented, "most respondents would comply with recommendations but would be challenged to do so if their income or job was severely compromised." For example, when asked if they would stay at home for 7-10 days if diagnosed with pandemic influenza, 94 percent said they would comply, but 24 percent of respondents said they would not have someone to take care of them during that time. Of  employed respondents, 29 percent said they would be able to work from home for up to one month, but only 13 percent of low-income workers (<$25,000 per year) said they could work from home for one month compared to 44 percent of high-income workers (>$75,000 per year). With regard to several measures, more low-income workers reported that they would experience problems responding to public health interventions. Similarly, a higher proportion of African Americans and Hispanics than Caucasians believed they would have more difficulty remaining employed or getting care if they are compliant. The authors recommend more planning and public engagement to encourage the public to be better prepared.

[Editor's note: To read the "Community Strategy for Pandemic Influenza Mitigation," see http://www.pandemicflu.gov/plan/community/commitigation.html.]

_____________________________5_____________________________

 Sanderson Farms and Perdue Farms v. Tyson Foods

U.S. District Court for the District of Maryland

Civil Case No. RDB-08-210

Decided April 22, 2008

Opinion by U.S. District Judge Richard D. Bennett

http://www.mdd.uscourts.gov/Opinions/Opinions/SandersonMemoOp.pdf

Last week, the U.S. District Court for the District of Maryland enjoined Tyson Foods, Inc. from continuing all advertising claiming that the company's chicken is "Raised Without Antibiotics" ("RWA"). Sanderson Farms, Inc. and Perdue Farms, Inc., competing poultry producers, brought the suit. In a Memorandum Opinion, the Court found that Tyson uses ionophores -- types of antibiotics that are not used in human medicines and therefore present "only a miniscule threat to antibiotic resistance in humans" -- in its chicken feed. Further, Tyson "injects ... antibiotics into its chicken eggs ... [and] does not inform the consumer public that the term 'Raised' does not refer to the period before hatch." The Court found that the U.S. Department of Agriculture (USDA) erroneously approved Tyson's "Raised Without Antibiotics" label application in May, 2007.  The company was informed of the error in September 2007 and told USDA would revoke the prior approval for the label. In December, USDA approved Tyson's application for a new label with qualifying language: "Raised Without Antibiotics that impact antibiotic resistance in humans." But Tyson continued its advertising campaign with the unqualified RWA claim and un-approved variations of the qualified claim, leading Sanderson and Perdue to file suit. The Court concluded that Tyson's advertising labels were misleading to consumers, including  the qualifying language regarding antibiotic resistance in humans. The Court noted that the phrase, 'that impact antibiotic resistance in humans,' is not understood by a substantial portion of the consumer public...[and] may even reinforce consumer misconception. ... The public interest compels that this advertising stop and that a preliminary injunction be issued in this case."

_____________________________6_____________________________

"William H. Stewart is dead at 86; put first warnings on cigarette packs"

New York Times     (04/29/08)     Douglas Martin

http://www.nytimes.com/2008/04/29/health/29stewart.html?_r=2&scp=1&sq=william+stewart
&st=nyt&oref=slogin&oref=slogin

Former U.S. Surgeon General Dr. William Huffman Stewart, who oversaw the first health warnings on cigarette packs, died on April 23, 2008, at the age of 86. The initial cigarette pack warning, instituted in 1966, stated that cigarette smoking "may be hazardous to your health."  From 1967 to 1969, Stewart prepared a three-part report, "The Health Consequences of Smoking," which followed on the work of his predecessor, Dr. Luther L. Terry. Terry's first report, published in 1964, detailed findings showing that the death rate from lung cancer for men who smoked cigarettes was almost 1,000 percent higher than for nonsmokers. In addition to Stewart's cigarette-warning legacy, he also used federal payments authorized by the new Medicare program as a wedge to force hospitals to integrate. (Under the 1964 Civil Rights Act, Medicare funding could be denied to recipients that racially discriminated.) As public health concerns broadened in the 1960s, Stewart also warned that air pollution contributed to lung disease; suggested noise should be considered a pollutant; and called for health consumers to express "public indignation" at the "glass curtain" separating the poor from quality care.

[Editor's note: To read "The Health Consequences of Smoking: A Public Health Service Review" issued in 1967, see http://profiles.nlm.nih.gov/NN/B/B/K/M/_/nnbbkm.pdf. To access all of the Surgeon General's reports on smoking and tobacco use, including Stewart's 1968 update, see http://www.cdc.gov/tobacco/data_statistics/sgr/.]

_____________________________7_____________________________

"Govt hikes 'alcopops' tax"

ABC Premium News     (04/27/08)

http://www.abc.net.au/news/stories/2008/04/27/2228252.htm

The Australian government has increased the tax rate on pre-mixed alcoholic beverages ("alcopops") by one third in an effort to curb binge drinking among the country's young people. Alcopops, which include beverages such as wine or distilled alcohol to which fruit juice or other flavorings have been added, will now be taxed at the same rate as other spirits, a move which could generate $2 billion in revenue over the next four years. The new tax revenue will be used to address teens' binge drinking through the largest preventative health program ever undertaken in Australia. Prices of "alcopops" will increase by between 30 cents and $1.30 a bottle, depending on alcohol content, according to a spokesman for the federal Finance Minister. "We know young people do change their habits depending on price," said federal Health Minister Nicola Roxon, adding that an excise reduction in 2000 resulted in exploded sales of alcopops. However, the Distilled Spirits Industry Council said that teens will just drink beer and wine instead of alcopops; Drug and Alcohol Research and Training Australia said the new law could lead teen drinkers to liquor because it would be more economical to purchase than alcopops. But Public Health Association CEO Michael Moore said price changes must be paired with educational messages. "We've learnt all these lessons from how we've dealt with tobacco and we've been really successful with tobacco," Moore said. The Australian Institute of Health and Welfare has reported that a quarter of teenagers binge drink at least once per month.

_____________________BRIEFLY NOTED______________________

Arkansas: Prisoner claims jail fails to provide sufficient food

"Benton County inmate says he's not getting enough food"

Morning News     (04/25/08)     Ron Wood

http://www.nwaonline.net/articles/2008/04/25/news/042608fzcourtbrite.txt

California: Survey reveals over 80% of health officials lack experience to address climate change

"Climate change a concern for public health officials"

Sacramento Bee     (04/25/08)     Chris Bowman

http://www.sacbee.com/101/story/889151.html

Connecticut: City ban will take effect July 1

"Stamford restaurants face ban on trans fats"

New York Times     (04/27/08)     Jeff Holtz

http://www.nytimes.com/2008/04/27/nyregion/nyregionspecial2/27transfatct.html?_r=1&ref=nyregion
special2&oref=slogin

Indiana: Workers signed insurance forms claiming not to use tobacco

"Whirlpool suspends 39 workers, says they lied about smoking"

Associated Press     (04/23/08)     Tom Murphy

http://ap.google.com/article/ALeqM5gS1925MZs2EDZweUd7juo-ivrx-gD907C0N80

Maine: New law intended to grant autonomy to lay midwives

"New law allows midwives to buy some medications"

Bangor Daily News     (04/24/08)     Meg Haskell

http://bangornews.com/news/t/news.aspx?articleid=163430&zoneid=500

Maryland: Hygienists granted authority to treat patients sans direct supervision by dentists

"Brushed off no longer"

Washington Post     (04/22/08)     Mary Otto

http://www.washingtonpost.com/wp-dyn/content/article/2008/04/18/AR2008041802853_pf.html

New York: Court denies association's motion for stay pending appeal of menu labeling reg

NY Restaurant Ass'n v. New York City Board of Health

U.S. District Court for the Southern District of New York

08 Civ. 1000 (RJH)

Decided April 18, 2008

Opinion by U.S. District Judge Richard Holwell

http://www.courthousenews.com/2008/04/24/Calorie%20ruling.pdf

Oklahoma: Official language bill makes some exemptions for public health and safety info

"Creeks oppose English-only law"

Tulsa World     (04/27/08)     Clifton Adcock

http://www.tulsaworld.com/news/article.aspx?articleID=20080427_1_A19_hThet65672

National: Bill would bring attention to falls among seniors

"Mikulski effort for senior health no accident"

Baltimore Sun     (04/23/08)     Tanika White

http://www.baltimoresun.com/news/nation/politics/bal-md.falls23apr23,0,4952299.story

National: Authors review safeguards for electronic health data

"Privacy and public health at risk: public health confidentiality in the digital age"

American Journal of Public Health     (05/08)     Julie Myers and others

http://www.ajph.org/cgi/content/abstract/AJPH.2006.107706v1 (subscription required)

Canada: Yukon becomes final province to ban public smoking

"Yukon butting out"

CBC News     (04/23/08)    

http://www.cbc.ca/consumer/story/2008/04/23/yukon-ban.html

Indonesia: Drill included test of methods to prevent infected travelers from leaving country

"Indonesia opens major exercise to prepare for possible bird flu pandemic"

Associated Press     (04/25/08)     Zakki Hakim

http://www.iht.com/articles/ap/2008/04/25/news/Indonesia-Bird-Flu.php

Russia: Russia ratifies WHO Framework Convention on Tobacco Control

"Russia joins global anti-smoking convention"

RIA Novosti     (04/25/08)

http://en.rian.ru/russia/20080425/105915892.html

Singapore: Infectious Disease law increases Health Minister powers, tightens HIV/AIDS rules

"Singapore sees more HIV infections in 07"

Associated Press     (04/29/08)

http://ap.google.com/article/ALeqM5gqAvSHN3HLE06EWvqujDWkojNfFwD90BO9MG0

Taiwan: Law amended to address online suicide pacts

"Encouraging youth online to commit suicide now subject to fine"

Central News Agency     (04/22/08)     Steve Bercic

http://times.hinet.net/times/article.do?newsid=1459758&option=english

Wales: Strict rules on movement in place for sheep grazing radioactive fields

"22 years on, Welsh farms still under Chernobyl shadow"

Western Mail     (04/26/08)     Darren Devine

http://icwales.icnetwork.co.uk/news/wales-news/2008/04/26/22-years-on-welsh-farms-still-under
-chernobyl-shadow-91466-20822842/

__________PHL NEWS QUOTATION OF THE WEEK___________

"This law will protect everyone with DNA -- and that would be all of us."

-- Director Francis S. Collins, National Human Genome Research Institute, on the Genetic Information Nondiscrimination Act recently passed by the U.S. Senate. [See item 1, above.]

__________________LAW BEHIND THE NEWS___________________

The Singapore Infectious Diseases (Amendment) Bill was passed by Parliament on April 22, 2008. Among the new law's provisions are expanded powers for the nation's Health Minister, including the authority to declare a public health emergency if

...the Minister is satisfied that there is an outbreak or imminent outbreak of an infectious disease that poses a substantial risk of a significant number of human fatalities or incidents of serious disability in Singapore...

The law further provides that the Minister may "declare the whole of or such area in Singapore to be a restricted zone;" details the creation, publication, and renewal of orders; outlines the closure and disinfection of premises; allows for the medical examination of any person suspected to harbor an infectious diseases; and establishes the process by which an aggrieved person may appeal an order.

The Infectious Diseases Bill also requires that "a person who knows that he has AIDS or HIV Infection" or "a person who does not know that he has AIDS or HIV Infection, but who has reason to believe that he has, or has been exposed to a significant risk of contracting AIDS or HIV Infection" must inform their sexual partner of the risk of contracting HIV and the other person must voluntarily agree to accept the risk.

To read the text of the Singapore Infectious Diseases (Amendment) Bill No. 5/2008, visit http://www2a.cdc.gov/phlp/docs/080005.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.