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Home My WebLink AboutCOM 0942.146 2006-2008 VIA E-MAIL TO: Council Chairman Pete Hoffmann & Council Members y Hawaii County Council 2008 APR 18 PSI 12 5 RE: WRITTEN TESTIMONY IN SUPPORT OF BILL 224 r' Relating To Smoking in Certain Places in the County of HSUwaiii Motion to Reconsider and Override Veto, Public Hearing Tuesday, April 22, 2008 Testimony of Professor Mark A. Levin in support of Bill 224, Relating to Smoking in Certain Places in the County of Hawai'i Chair Hoffman and Council Members: Aloha. My name is Mark Levin. I am an Associate Professor at the William S. Richardson School of Law. One of my principal areas of study is comparative tobacco law and policy - particularly regarding Japan. I have published in the Stanford Law & Policy Review, the international medical journal Tobacco Control, and worked as a temporary advisor on tobacco control policy for the World Health Organization. Locally, I have served on the Governing Board of the Coalition for a Tobacco Free Hawai'i and I am presently Vice Chair of the State of Hawai'i Tobacco Prevention and Control Trust Fund Advisory Board. My testimony today is submitted based upon my research and personal opinions and not on behalf of any organization or entity. At the outset, I hope I can illustrate to you how Japan is no longer the smoky place that it used to be. For example: ® The percentage of Japanese who smoke has fallen for over ten straight years. Less than one quarter of Japan's entire population now smokes tobacco. ® Consumption of cigarettes in Japan plummeted over 15 percent just since 2002. ® Japan's government was one of the world's first to ratify its obligations under the global Framework Convention on Tobacco Control treaty. ® Japan is changing at lightning speed towards strict regulation relating to smoking. ® There are even smoke-free beaches in Japan. Any visitor to Japan today will see non-smoking areas have become the norm in airports, railways, public buildings, many private businesses (including restaurants, some bars, and countless other workplaces), and private homes. One example of rapid change is taxis since late 2006, smoke-free taxis rules leaped from a being a quirky item in rural Oita to cover over 60%a of the nation's taxis, including all of the Tokyo metropolitan area. While social norms have been one engine for change, Japan's legislators have taken action as well. Japan's first nationwide law to prevent tobacco smoke exposure became effective in May 2002. The changes in Japan's tobacco control landscape in the Comm No. 94LA Ref. To.. r:esea" Ref. Date APR 2 2 2002 six years since Article 25 took effect are more remarkable. All across Japan in public and privately owned facilities, non-smoking areas have been set up where none existed before, and formerly designated smoking areas have been reduced or eliminated. And earlier this month, Governor Shigefumi Matsuzawa of Kanagawa Prefecture announced plans to enact Japan's first comprehensive workplace smoking restriction - covering all hotels, restaurants, and bars in Japan's second largest prefecture with nearly 9 million residents. Moreover, there is no substantive evidence that our state's comprehensive law has been a drag upon Japanese tourism. Please consider: ® Any consideration of Japanese tourism economics is inevitably complicated by the multiple factors affecting tourism. Smoking issues are highly unlikely to be anywhere nearly as significant as Japan's economic vitality, US Dollar exchange rates, air travel prices, flight and hotel availability, etc. ® There has been no evidence of restrictive smoking policies negatively affecting Japanese tourist choices to other popular destinations for Japanese nationals such as Los Angeles, New York, London, Sydney, or Hong Kong. ® There is no data evidencing our state's comprehensive clean-air law harming Japanese tourism since implementation in November 2006. It is well known that monthly Japanese visitor arrivals have been in a steady decline for the past several years. Japanese visitor arrivals have been in negative territory every month since October 2005, excepting only December 2005 and July-August 2007. This is the source of reports that have accurately described Japanese tourism as being "down". The more interesting point is that the attached chart reveals a remarkable trending up in Japanese visitor arrivals beginning around November 2006. This is because even while Japanese visitor arrivals mostly remained in negative territory from November 2006, the depth of the chart points has been getting shallower. The data show that Japanese visitor arrivals began a steady decline around January 2005 and have been negative in the prior year comparison nearly consistently since October 2005. However, please note how the curve bottoms out around November 2006. Since November 2006, even while Japanese visitor arrivals were negative in the prior year comparison, the amount that the Japanese visitor arrivals were negative has substantially improved. Visitor days show a nearly identical trend. In short, Japanese tourism indicators have been "down" from well before the implementation date of our Smoke-Free Workplace Law in November 2006. But, perhaps coincidentally or perhaps not, these indicators have been "less down" since our state's law took effect. In conclusion, with these dynamics, we can confidently understand that more and more of our visitors from Japan desire, and even expect, smoke-free environments when they come to Hawaii. Bill 224 will not only protect our public from the dangers of tobacco smoke exposure, it should make our state more attractive to a substantial and growing majority of Japanese people. I am attaching the above-mentioned chart and some additional sheets that illustrate the points raised here. Mahalo for your consideration. Mark A. Levin (For identification purposes only) t_ Associate Professor The William S. Richardson School of Law The University of Hawaii at Manna 2515 Dole St., Honolulu, HI 96822 Tel: 1-808-956-3302 Attachments: • Trends in Japanese Cigarette Consumption and Smoking Rate by Gender. Trends in Japanese visitor arrivals and visitor days to Hawaii since January 2005. • Kanagawa eyes wide-reaching smoking ban, The Japan Times, April 16, 2008. • Two reports on smoke-free taxis in Japan. • Introducing four smoke-free beaches in Japan. Opinions presented here are personal views and not the official views of the University of Hawaii or any other organization or entity. Japan's Annual Cigarette Consumption Source: Japan Tobacco Inc. business data Japanese Domestic Cigarette Consumption 350.0 rt aktwa S s3~'r x ~o_'~ t 6:x;3 Z". 4,1 X13'",~:g E ,•`~'F' 340.0 330.0 A 6 320.0 - ec 310.0 0 a m 300.0 4 `e 6 R 290.0 V 2 280.0 Note dramatic 69/ single-year decline in FY2007. Also, cumulative 22.54 drop in 270.0 annual consumption since 1996. 9.9 260.0 i 250.0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Fiscal year end (March 30) Contact: Prof. Mark A. Levin (c) 2007 Wm. S. Richardson School of Law Japan's Adult Smoking Rate by Gender Source: Japan Tobacco Inc annual smoking rate surveys Japan Adult Smoking Rates by Gender e 60 :yfP ~~Y .3d e^f+~ 4, ~1.~ L AWE' 55 Y d eq m ; '.e 3 50 45 ry 40 Y 35 A a rA ,Sp. ~P ry9'L I 30 9 O i 25 20 Total female smoke- 15 12.1 10 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Survey year Contact: Prof. Mark A. Levin (c) 2007 Win. S. Richardson School of Law Japanese Visitor Arrivals to Hawaii Percent Difference from prior year 25.0% 20.0°/0 -prior year % difference -4 per. Mov. Avg. (prior year. %difference) -6 per. Mov. Avg. (prior year %difference) 15.0% - 10.0% 5.0% o. m 0,0% A P 9 ,per -5,0 Or u -15.0% a.s..~ rYx..ar urw.Yl.~.a..l o..eo~lr..r u~r.rrx~ano -20.0% Month Contact: Prof. Mark A. Levin Wm. S. Richardson School of Law (c) 2008 Japanese Visitor Days in Hawaii Percent Difference from prior year 25.0% 20.0% -prior year % difference -4 per. Mov. Avg. (poor year' difference) -6 per. Mov. Avg. (poor year 'difference) 15.0° 10.0% 5.0% c u m o. 00% Sp $ p+ 8n 9 9-N ^ CAF -5.04 -10.0% - - - - - -15.0% M1wNS MenYl tys~YY~pa~kbrlT~lTSI~ M>~'+~pwlWwa? 4/®LNMlabi -20.0% Month Contact: Prof. Mark A. Levin Wm. S. Richardson School of Law (c) 2008 The JapmTmies HOME The Japan Times Printer Friendly Articles Kanagawa eyes wide-reaching smoking ban YOKOHAMA (Kyodo) Kanagawa Gov. Shigefumi Matsuzawa said Tuesday the prefecture has compiled a basic plan for an ordinance to ban smoking in hotels, restaurants and other public places to prevent passive smoking. The prefecture will aim to compile a draft for the ordinance after seeking opinions and comments from the public and submit it to the prefectural assembly within the current fiscal year through March 2009. It would be the first such local ordinance in Japan. In 2003, the central government introduced a health promotion law that encourages steps to prevent secondhand smoke in public places. Because the plan is expected to spark opposition from operators of restaurants and bars, however, Matsuzawa also indicated that the prefecture might allow the facilities to introduce completely separate smoking rooms. Likely to be subject to the total smoking ban are schools, hospitals, department stores, government buildings, restaurants and bars, as well as pachinko parlors. The prefecture may consider requiring the owners of such facilities to remove ashtrays and warn smokers. It will also consider establishing penalties for violators, including people who smoke at such facilities. Bungaku Watanabe, representative of the nongovernmental Tobacco Problems Information Center, said Kanagawa's plan for a smoking ban in public spaces could end up being just a slogan unless it carries penalties with real teeth, like fines and business suspensions. The Japan Times: Wednesday, April 16, 2008 (C) All rights reserved Go back to The Japan Times Online Close window uuwnlu iwu nurn wuaccuwrnrur.un~.cwn un o rewuery cuuo News analysis JAPAN: REVOLUTION ON THE STREETS JAPAN: REVOLUTION BESIDE THE STREETS While tobacco control policy often deve-l- countless workplaces in Japan still lack any It, addition to taxis, Japan is showing not ups incrementally, progress occasionally clean air pmtection. When it ernes to only rapid progress but some of the arrives with a "tipping point" tobacco smoke pollution, Japan's govem- world's best practice at implementing dynamic After seemingly fruitless veers mental authorities remain stubbornly or, smoking restrictions at street level, to be of administrative petitions, lawsuits and the sidelines, avoiding the enactment of precise, some 40 cities and districts have public protest, the quick uptake of smoke- mandatory and comprehensive clean indoor now banned smoking in outdoor public free taxi rules in Japan from 8% to over air laws contemplated by Article 8 of the areas such as pavements on its famously 50% in a mere 16 months represents a World Health Organization's framework busy city streets. The bans are dearly great leap forward. Advocates have Convention on Tobacco Control and its signposted and small areas are commonly achieved stunning results as this enhance- implementation guidelines. designated, such as areas outside conveni- ment for dean air for passengers will The 16-month rise from S% to 500% of ence stores and other expedient locations, vitally protect the workplace health of taxis being smoke-free reveals how a as the only places within designated smoke- well over 100 000 taxi drivers. popular tobacco control policy can emerge free zones where people can smoke. The change began quietly when the taxi in Japan, even in a sector which, aside from In Japan, world leader in politeness and association in Oita, a small prefectural smoke-free banners flown over a mere good manners, regulations prohibiting capital on Japan's southern island of handful of vehicles, had seemed impervious street smoking enjoy widespread public Kyushu with a substantial tourism econ- to change. It shows that dean air policies support and compliance is high. Chiyoda, omy, implemented Japan's first smoke-free are economically viable and that they can a business district of Tokyo, has 40 000 taxi rules for its 980 vehicles in April 2006, be implemented with high levels of residents but during the day the population adding an additional 180 taxis in the compliance. Clearly, the Japanese public is expands to around one million. Officials in prefecture's outlying areas in September ready. With the taxi example as a guide, thedistricthave issued40 000infringement deaston makers in both the public and 2006. Then, after May 2007, when notices for smoking in smoke-free areas in Nagoya's taxi association proved this could private sectors should step forward to give the past 4 years, fining people the equiva- work for 8000 taxis in the country's fourth the public more of what it wants and lent of USS20 if they are caught smoking on largest city, Kanagawa prefecture including deserves. smoke-free pavements. Yokohama and Kawasaki, Japan's second Mark Levin and ninth largest cities, and eight other William S Richardson School of Law, The prefectures rapidly joined in. The crown University of Hawaii ai Manoa, Honcluhy jewel was put in place in August 2007 when USA; Levin@hawari.edu the city and metro region taxi associations of the capital, Tokyo, announced smoke- free rules scheduled for implementation in January 2008. Important tasks remain. Taxi regula- tion has come about by local industry self- regulation, attributed to customer demand more than to public health, due to smoke left in too many cabs through- out Japan. Also, while progress is materi- alising from an advisory national law and market-driven private sector policies, Japan: a comprehensive street sign clearly showing what is rot permitted in streets within the area shown on the map. Japan: spnr purled m the pwemrn eatace remits w'.lkras om in Smoke ,n Miee-z m1wP snvA,no is WrhUrPA Tobacco Control February 2008 Vol 17 No 1 Mark Levin, University or Hawaii October 30, 2007 Rapid Adoption of Smoke-Free Taxi Rules in Japan Location Implementation Date Number of taxis Oita City 4/1/06 980 Oita Pref. 9/30/06 180 Nagoya City 5/1/07 8,000 Oita Pref. 6/1/07 2,800 Nagano Pref. 6/15/07 3,500 Kanagawa Pref. 7/11/07 13,700 Shizuoka Pref. 8/5/07 6,100 Yamagata Pref. 10/1/07 1,200 Toyama Pref. 10/1/07 1,300 Chiba Pref. 11/1/07 7,200 Gifu Pref. 11/1/07 2,800 Tokyo City 1/7/08 51,000 Tokyo Metro 1/7/08 3,730 Total 102,4901 Smoke-Free Taxi Policies - Japan Implemented or announced as of 8/25/07 120.000 100,000 _Tokyo 80,000 m E c qi 60,000 E u' 40,000 Kanagawe 20,000 Na a 4/1/06 6/1106 811/06 10/1/06 1211/06 2/1107 4/1/07 611/07 8/1/07 10/1/07 12/1107 Implementation Data source. ttinen ionam, 9 moZ ea SMOKING IS PROHIBITED ON THESE BEACHES. THESE BEACHES ARE ALL IN JAPAN. ..x _ Ate M f ¦f ® Kotobikihama Beach, Kyoto Prefecture ® Sun Beach, Shizuoka Prefecture ® Sunoreso Beach, Miyagi Prefecture ® Takeno Beach, Hyogo Prefecture 02007 Mark A. Levin