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The Public Health Law Center’s publications are written for public health practitioners, legal professionals, advocates, policymakers and the general public. Fact sheets are brief overviews of key topics in public health law, including the Tobacco Control Legal Consortium’s series of materials on issues related to the  federal regulation of tobacco.

The Master Settlement Agreement: An Overview (2015)

This fact sheet provides answers to several common questions about the largest civil litigation settlement in U.S. history, the tobacco Master Settlement Agreement (MSA).

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Everything You Ever Wanted to Know about U.S. v. Philip Morris but Were Afraid to Ask (2015)

Brief overview of historic U.S. v. Philip Morris litigation and remedies imposed by the court. Updated October 2017.

Benefit promotion tool #1: Creating effective health messages

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Benefit promotion tool #2: Behavioral principles underlying effective cessation messages

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Benefit promotion tool #4: Checklist for monitoring a plan for a promotional campaign

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The FDA’s Premarket Review of Tobacco Products Fails to Fully Protect Public Health (2016)

The U.S. Food and Drug Administration (FDA) has the unprecedented authority to regulate tobacco products, including the power to decide whether or not a new tobacco product can be introduced to the market. This fact sheet exposes the unfortunate reality that the FDA is prioritizing the introduction of new tobacco products over the removal of potentially non-compliant products from the market.

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The New FDA Tobacco Regulatory Plan: What You Need to Know (2018)

Overview of FDA's new plan to regulate tobacco products, including best possible outcomes and potential areas of concern.

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Tobacco 21 Ordinance Checklist (2017)

Policy options and considerations when raising the minimum legal sales age for tobacco products to 21 years.

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Food Council Bylaws (2017)

This resource outlines what provisions to include when drafting bylaws and provides specific examples from existing food council bylaws in Kansas.

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Increasing Farm to Institution in Kansas (2017)

Farm to institution policies, also called procurement policies, can be an effective mechanism to improve healthy food access and support local food systems in Kansas.

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Drafting a Resolution to Create a Food Council (2017)

This resource outlines the main components of a successful resolution, providing examples of each component within a sample resolution and steps to consider when creating a food council.

Tobacco Use Among the Homeless Population: Frequently Asked Questions (2016)

Answers to several common questions about tobacco use among members of the homeless population.

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HUD's Rule to Restrict Smoking in Public Housing: An Overview (2017)

On November 30, 2016, the U.S. Department of Housing and Urban Development (HUD) announced a final rule to restrict smoking in public housing. This fact sheet provides an overview of the rule’s smoking restrictions. Updated: August 2017.

Sample Ordinance Creating a Minimum Legal Sales Age of 21 for Tobacco Products (2016)

Sample language for an ordinance prohibiting the sale of tobacco products to those under the age of 21.

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Sidewalks in Kansas (2016)

Sidewalks are designed to support the health of pedestrians by promoting physical activity through active transportation and recreation.This resource provides an overview of Kansas laws impacting the responsibilities of both property owners and local city and county governments in Kansas pertaining to local sidewalks so that pedestrians, particularly pedestrians with disabilities, can safely travel throughout their community.

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Lawsuits Challenging the FDA’s Deeming Rule (2016)

Brief overview of recent lawsuits filed challenging the FDA’s deeming rule as of May 26, 2017.

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State and Local Tobacco Regulation in a Post-Deeming World (2016)

On May 5, 2016, the FDA issued the final rule deeming all existing and future tobacco products to be subject to the agency’s jurisdiction. This factsheet will identify the gaps left by the deeming regulation that can be filled at the state and local levels.

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The Deeming Regulation: FDA Authority Over E-Cigarettes, Cigars, and Other Tobacco Products (2017)

On May 10, 2016, the FDA issued the final rule deeming all existing and future tobacco products to be subject to the agency’s jurisdiction. This factsheet explains what this new rule means for federal tobacco regulation and what steps the FDA must still take to protect public health. Updated Nov. 7, 2017.

Smoke-Free Public Housing: Template Comment for Proposed HUD Rule (2016)

This resource includes ideas for specific content you could consider writing about for each question posed by HUD regarding smoke-free public housing.

HUD’s Proposed Rule to Restrict Smoking in Public Housing: Talking Points (2015)

Guidance on possible areas where public comments might help HUD strengthen or enhance its proposed smoke-free rule.

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Death on a Discount: Regulating Tobacco Product Pricing (2015)

Updated overview of policy approaches for eliminating tobacco product discounting schemes – specifically tobacco product coupons and value-added promotions such as multi-pack offers.

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Key Components of Food Procurement & Vending Policies (2015)

This fact sheet outlines the key components of a food vending or procurement policy and identifies resources to help government and private organizations develop and implement these policies for their buildings and campuses.

What is the “Engle Progeny” Litigation? (2015)

Overview of the groundbreaking Engle v. R.J. Reynolds Tobacco Co. class action litigation and its aftermath.

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Going Beyond School Wellness Policies (2015)

This guide identifies school board policies, rules and regulations that should be analyzed as advocates update school wellness policies.

Promoting Healither Out-of-School Time Settings in Florida using Voluntary Recognition (2015)

Statewide voluntary health recognition programs represent a promising new model for promoting broad implementation of healthy eating and physical activity standards in out-of-school time settings. This resource explains this approach, and highlights some key considerations for implementing this approach in Florida.

Leveraging the Child and Adult Care Food Program in Florida (2015)

This resource provides an overview of the program and how it works in Florida, suggests ideas for how it could be leveraged, and highlights some key considerations.

Using Retailer AVCs as a Tool in Tobacco Control (2015)

Overview of tobacco-related assurances of voluntary compliance (AVCs) and how they can be used to help regulate tobacco advertising and marketing in the retail environment.

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Smoking Marijuana in Multi-Unit Residential Settings (2015)

Answers to common questions about smoking marijuana in multi-unit residences, including federally subsized housing.

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The Problem with Menthol: A Backgrounder (2015)

Key points on the public health risk of menthol in tobacco products and policy options that state and local governments could consider to regulate menthol tobacco products.

The Adoption of Rules & Regulations in Kansas (2015)

Every resident of Kansas is affected directly or indirectly by state “laws,” many of which are actually rules and regulations adopted by a state agency and not the state legislature. If you eat or work in a restaurant, you are affected by food service regulations issued by the Kansas Department of Agriculture. If you are enrolled in a public university in Kansas, state regulations determined whether you qualify for in-state tuition. If you have a child in child care, regulations issued by the Kansas Department of Health and Environment govern all aspects of the way the child care facility is operated. This document discusses the rulemaking process in Kansas.

State & Local Public Health: An Overview of Regulatory Authority (2015)

Answers to common questions about the role of state and local public health departments and local boards of health in public health regulation.

E-Cigarette Taxation: Frequently Asked Questions (2015)

Fact sheet providing answers to several commonly asked questions about taxing e-cigarettes and related products.

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Changing the Rules: Influencing the adoption of state rules & regulations in Kansas (2015)

State rules and regulations govern many aspects of our lives, including: food safety, nutrition, and active play requirements in the child care setting; accessibility of clean water; governance of land; and training standards for teachers and nurses. This document is a brief guide for getting involved with the adoption of state regulations in Kansas. We will start with a quick review of the system of law and government in Kansas, and then look at how regulations fit into that system.

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Regulating Menthol Flavored Tobacco Products: Lessons Learned (2015)

Lessons from U.S. state and local governments that have regulated or attempted to regulate menthol flavored tobacco products.

Policy Options for Local Governments in Kansas: Increasing Access to Healthy Food (2015)

Local governments play a pivotal role in ensuring that community members have access to healthy food through local policies.  For example, local governments can change zoning and taxing laws to make it easier to create new grocery stores, farmers’ markets, and community gardens. This resource describes the different types of policies that local governments can use to increase access to healthy food within their communities.

Policy Options for Local Governments in Kansas: Increasing Walking and Bicycling (2015)

Local governments play a pivotal role in ensuring that communities have a viable transportation and recreation system that supports walking and bicycling through local policy initiatives. Under Kansas law, local governments have the authority to implement a variety of policy levers to increase opportunities for bicycling and walking and to improve health within their communities. This resource describes different types of policies that local governments can use to increase bicycling and walking within their communities.

Laws, Policies and Regulations: Key Terms & Concepts (2015)

Updated 2015 fact sheet explaining the difference between common legislative and administrative tobacco-related terms.

2014 Legislative Spotlight: Electronic Cigarettes E-Liquids and Child-Resistant Packaging

On May 21, 2014, Minnesota Governor Mark Dayton signed legislation that will require any liquids (more commonly known as “juice” or “e-juice”) sold for use in electronic cigarettes must be in child resistant packaging. An important regulation – one of the first of its kind in the United States. But, one that also raises a number of questions.

Kansas Child Care: An Overview (2014)

This fact sheet outlines how child care is defined and regulated in Kansas.  It identifies child care program definitions, who is required to be licensed, how regulations impact child care settings, and how the regulatory process works. 

Litigation Overview: National Association of Tobacco Outlets, Inc. v. City of New York (2014)

Overview of litigation regarding New York City's ordinance prohibiting the use of coupons and discounts for tobacco products.

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Litigation Overview: National Association of Tobacco Outlets, Inc. v. City of Providence (2014)

Overview of litigation regarding Providence's law prohibiting the redemption of coupons and the sale of flavored tobacco products.

Litigation Overview: U.S. Smokeless Tobacco Manufacturing Company LLC v. City of New York (2014)

Brief overview of litigation regarding New York City's law prohibiting the sale of flavored tobacco products.

Minnesota Farm to Child Care

Farm to Child Care strategies support good nutrition and active play in child care settings. The Public Health Law Center has developed a series of resources designed to help child care providers and other early childhood educators understand how Farm to Child Care strategies complement existing licensing, quality ratings, and best practices standards, and can be integrated into child care programs to support healthy child development.

Preemption: The Biggest Challenge to Tobacco Control (2014)

Detailed overview of how preemptive policies and legal challenges can block state and local advances in tobacco control and derail important tobacco control initiatives.

Drafting Effective Policies (2014)

This resource outlines different steps to draft an effective policy. It was developed for specifically for on-going Kansas efforts to improve the food and physical activity environment.  The tool is meant to be used in conjunction with technical assistance, including that provided by the Public Health Law Center. 

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Nutrition, Active Play & Screen Time Child Care Laws in Kansas

Child care providers are in a unique position to address the childhood obesity epidemic and tobacco-related health hazards. The Public Health Law Center has developed a series of resources designed to inform and support Kansas efforts to cultivate child care settings that promote healthy eating, positive exercise habits, and reduced screen time environments. This fact sheet outlines existing child care laws in Kansas dealing with these subjects.

Using Railroad Property for Community Trails (2014)

Converting railroad property to non-motorized trails provides opportunities to encourage and expand walking, bicycling, and other forms of physical activity.

The Food System (2014)

This resource provides a snapshot of how the food system works and how it can impact wellness, equity, the economy and the environment.

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A Dangerous Loophole in the Process for FDA Approval of New Tobacco Products (2015)

Fact sheet explaining the U.S. Food & Drug Administration's process for authorizing new tobacco products and the agency's recent actions on product applications.

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World Health Organization's Recommended Options for Regulating E-Cigarettes (2014)

Overview of the World Health Organization Framework Convention on Tobacco Control's July 21, 2014 report on the health impact of electronic nicotine delivery systems (ENDS) and recommended regulatory options for controlling and preventing their use.

Policy Approaches to Prevent Liquid Nicotine Poisonings (2015)

Overview of recent legislation allowing the sale of e-liquid only if it is in child-resistant packaging.

Using Kansas Roads & Sidewalks for Active Transportation

Bicyclists and pedestrians use roads and sidewalks for active transportation.  Understanding how Kansas laws and traffic regulations impact bicyclists and pedestrians on roads and sidewalks is critical to ensure the safety of these users.

Using Kansas Trails & Shared-Use Paths

Bicyclists and pedestrians use trails and shared-use paths for both recreation and active transportation in Kansas. Understanding how Kansas laws impact bicyclists and pedestrians on trails and paths can support the use of these facilities and promote healthy, active lifestyles.

Differences Between Active Transportation and Recreation Facilities in Kansas

Bicyclists and pedestrians use many different facilities for transportation and recreation in Kansas.  Understanding the difference between recreation and transportation can help bicyclists and pedestrians access available resources to promote walking and bicycling.

Organizational Structure of Kansas Farmers’ Markets

The organization of a farmers’ market can impact how that market is treated by federal, state, and local governments.  This resource provides information on organizational considerations a Kansas farmers’ market may want to evaluate, including: registration with the Central Registry of Kansas Farmers’ Markets; differences between tax exemption of non-profit organizations under federal law and non-profit organization status under Kansas state law; and advantages and disadvantages of a Kansas farmers’ market applying for non-profit status.

Local Government Regulation of Farmers’ Markets in Kansas

Local governments regulate farmers’ markets in different ways. Some local governments use specific language to regulate farmers’ markets while others regulate farmers’ markets in the same way that other types of food establishments or businesses are regulated.  This resource provides an assessment of different ways local Kansas governments regulate farmers’ markets to support community efforts to strengthen and support new and existing farmers’ markets.

State Laws Impacting Farmers’ Markets in Kansas

State laws can impact what happens to food as it travels from the farm to someone shopping at a farmers’ market in Kansas. Understanding how state laws impact a farmers’ market will help ensure that your community farmers’ market follows state law and optimizes state programs promoting farmers’ markets, while also making your market a safe place for vendors and customers.

Farmers Market Vendor and Market Rules (2014)

Farmers’ markets often have handbooks or specific rules for vendors that contribute to market operation.  These requirements are closely tied to the unique characteristics of a specific market as well as the needs of the individual vendors and local communities involved.  This resource provides a detailed list of different considerations a market may want to include in the market and vendor rules.

Kansas Farmers' Market Resources

These Kansas specific resources provide direction to local communities seeking to support the development, growth, and success of local farmers' markets in Kansas.

The Deeming Regulation: The FDA's Questions for the Public Health Community (2014)

This publication lists specific questions the U.S. Food and Drug Administration is asking and information it is seeking from the public related to the agency's proposed Deeming Regulation, expanding federal regulation of tobacco products.

Food and Beverage Pledges for Hospitals and Healthcare Systems

This fact sheet provides a summary for Kansas of national and regional voluntary pledge programs that focus on improving the food and beverage environments within organizational settings.

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Tell the FDA to Strengthen the Deeming Regulation (2014)

The FDA has issued a proposed Deeming Regulation to regulate all tobacco products. View the Consortium’s Deeming Regulation Resources.

The FDA Takes Small Steps to Expand Tobacco Regulation (2014)

Information on the FDA’s proposed Deeming Regulation including what products will be covered and what types of regulation will and will not apply to each product.

A Deeming Regulation: What is Possible Under the Law (2014)

Frequently asked questions about what a deeming regulation is, generally speaking, and what will happen once the U.S. Food and Drug Administration issues a proposed regulation expanding its authority over tobacco products.

The Mental Health Parity and Addiction Equity Act and the Affordable Care Act: Implications for Coverage of Tobacco Cessation Benefits (2015)

Fact sheet that addresses some of the most frequently asked questions about how the Mental Health Parity and Addiction Equity Act and the Affordable Care Act affect insurance coverage for tobacco cessation benefits as a type of substance use disorder.

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How the Affordable Care Act Affects Tobacco Use and Control (2015)

Fact sheet summarizing main provisions of the Affordable Care Act that impact tobacco use and control, including insurance coverage for tobacco cessation treatment.

Creating Accountable Communities for Health Conference Report: A Collaborative, Cross-Sectoral, and Local Approach to Health (2014)

This Report discusses key themes from the Creating Accountable Communities for Health Conference held in Duluth, MN in September 2013. The Report also has a companion piece: Perspectives and Next Steps in Creating a Healthier Healthcare System.

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Perspectives and Next Steps in Creating a Healthier Healthcare System (2014)

This discussion guide is a companion piece to Creating Accountable Communities for Health Conference Report: A Collaborative, Cross-Sectoral, and Local Approach to Health.  It provides additional take-aways and ideas for next steps, based on the Creating Accountable Communities for Health Conference held in Duluth, MN in September 2013. 

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Healthy Healthcare Hospital Pledges Summary Fact Sheet (2014)

This fact sheet provides a summary of national and regional voluntary pledge programs that focus on improving the food and beverage environments within organizational settings.

Rationale for Healthy Eating and Physical Activity Policies

This factsheet explains the rationale for adopting healthy eating and physical activity standards as part of a comprehensive strategy.

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Best Practices Guidelines

This factsheet profiles afterschool and OST guidelines that have been developed by national and regional experts to advance best practices for healthy eating and physical activity as part of a comprehensive strategy.

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Child and Adult Care Food Program (CACFP)

This factsheet provides an overview of the application of the federally funded Child and Adult Care Food Program (CACFP) to afterschool programs that are located within a public school attendance area where at least 50% of the student population qualify for free or reduced lunch.

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21st Century Community Learning Centers

This factsheet provides an overview of the efforts of 21st Century Community Learning Centers (21st CCLC) to incorporate healthy eating and physical activity practices.

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Accreditation Standards and Quality Assessments

This factsheet emphasizes the need to make continuous improvements in the quality of programs, access to programs, and strengthening the field, and examines the pros and cons of applying accreditation standards to OST programs, recognizing that practitioners as well as researchers remain divided over how best to maintain and measure quality.

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Healthy Eating in Summer Programs

This factsheet focuses on opportunities to improve children’s access to healthy snacks and meals during the summer months.

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Integrating OST Guidelines with School Wellness Policies

This factsheet stresses the importance of involving OST program staff in planning, implementing, and evaluating school district and individual school wellness policies, when possible, and provides links to practical resources.

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Policy Opportunities Table

This table provides an overview of policy levers and opportunities addressed in each of the Minnesota Afterschool and Out-of-School Time Toolkit for Healthy Eating and Physical Activity factsheets. The Table includes brief summaries of benefits and barriers, as well as links to guidelines and resources.

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Policy Landscape

This document serves as an accompaniment to the Minnesota Afterschool and Out-of-School Time Toolkit for Healthy Eating and Physical Activity, providing an overview of Minnesota’s legal landscape – laws, funding streams, programs and policy considerations that affect afterschool and out-of-school time programs.  

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Using Local Authority to Create Healthier Child Care Settings: Chicago

This fact sheet describes how Chicago has used its regulatory authority over child care services to improve nutrition and physical activity standards with child care settings.

Using Local Authority to Create Healthier Child Care Settings: New York

This fact sheet describes how New York City has used its regulatory authority over child care services to improve nutrition and physical activity standards with child care settings.

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A Review of Federal and Minnesota Laws on Pedestrian, Bicycle, and Non-motorized Transportation

This report provides a review and analysis of federal and Minnesota state laws and regulations relating to pedestrian, bicycle, and other non-motorized transportation.

Understanding MN Roads (2014)

Minnesota roads make up a substantial and important part of Minnesota’s transportation system. Motorists, bicyclists, and pedestrians use highways, streets, and other roads to get from one place to another on a daily basis. For this reason, Minnesota laws addressing roads apply to pedestrian and bicycle use just as much as they apply to motor vehicle use. This fact sheet discusses who is responsible for establishing and maintaining these roads and how Minnesota’s transportation system is designed to ensure safety and efficiency and meet certain goals.

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Subsidized Housing and Smoke-free Policies: Overview of Subsidized Housing (2013)

This fact sheet provides a basic overview of two types of federally subsidized multi-unit housing and the government’s approach to smoke-free subsidized housing policies.

What is Legal Technical Assistance?

Overview of the Tobacco Control Legal Consortium’s core legal technical assistance:  substantive policy guidance;  legal research and analysis; litigation support; educational resources; and training.

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Pedestrian and Bicyclist Rights and Responsibilities (2013)

Minnesota law specifies how different types of traffic should behave when traveling throughout the state. The ability of pedestrians and bicyclists to safely and effectively travel depends on all forms of traffic understanding and following these laws. This fact sheet identifies essential rights and responsibilities of different types of traffic that support safe pedestrian and bicycle travel. 

Crossing Minnesota Roads (2013)

Minnesota law supports pedestrian and bicycle travel throughout the state as energy-efficient, nonpolluting, and healthy forms of transportation. In doing so, it identifies specific places and ways that pedestrians and bicyclists may safely cross streets, highways, and other roads. This fact sheet discusses laws that impact how pedestrians and bicyclists are allowed to cross Minnesota roads to support safe travel for all users of the transportation system.

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School-Zone Speed Limits in Minnesota (2013)

High speed roads and wide crossings can cause walking or biking to school more dangerous and less enjoyable for students, making students are far less likely to be allowed to walk or bike to school. Establishing safe school-zone speed limits is one way to make walking and biking routes safer, providing students with opportunities for increased physical activity. This fact sheet discusses how school-zone speed limits are established so that local authorities can develop strategies to enforce these speed limits, making roads safer for children to walk or bike to school.

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Liability for Volunteers in the Walking School Bus Program (2013)

A walking school bus program aims to get children to be more physically active and socially engaged by supporting walking to and from school in groups accompanied by adults. Adult volunteers are often responsible for organizing the program and walking the children to and from school. This fact sheet discusses how Minnesota law may protect volunteers from liability claims for accidents that occur while volunteering.

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Minnesota Complete Streets Policy (2013)

Across the United States, states and local communities are pursuing Complete Streets laws and policies to ensure that the state and local transportation system accommodates the needs of all types of traffic. Minnesota adopted a statewide Complete Streets law in 2010. This fact sheet discusses how Complete Streets initiatives provide a framework for bringing attention to the needs of pedestrians and bicyclists, promoting active transportation, and improving public health by increasing physical activity.

Minnesota Complete Streets Variance Process (2013)

Minnesota’s Complete Streets law allows a local government, including a county, city, town, or regional park authority, to request a variance from state aid design standards when using state funding for a local Complete Streets project. The law requires the Minnesota Department of Transportation (Mn/DOT) to evaluate all Complete Streets variance requests using specific Complete Streets guidance publications. This fact sheet provides information about Complete Streets and a basic flow chart of its state aid variance process.

Applying State Aid to Local Road Projects (2013)

Funding roads can be expensive, making it difficult for smaller communities to finance local roads on their own. In these cases, local roads under the control of county, city, or town government may qualify for state aid distributed by the Minnesota Department of Transportation (Mn/DOT). This flow chart provides a basic overview of the project approval process that local governments must use when seeking state aid for a local road project.

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Liability Protection for Minnesota Landowners (2013)

Minnesota law gives liability protection to landowners who allow the public to enter their land for recreational purposes without charging a fee. This fact sheet discusses how Minnesota’s Recreational Use Statute provides landowners with broad liability protection so the public can access and make recreational use of natural resources on private property.

Liability Concerns in Minnesota: Recreational Maps (2013)

Minnesota municipalities may want to provide maps to members of the public for biking, walking, or other recreational uses. These municipalities, however, may be concerned about the liability issues surrounding the use of such maps. This fact sheet discusses ways Minnesota law protects municipalities from liability for claims that arise from inaccuracies in a map which are based on certain decisions and kinds of information.

Liability Issues for Bike Share Programs (2013)

Bike share programs provide the public with the opportunity to rent bicycles for transportation and exercise without the expense and responsibility of owning a bike. However, bike share programs can create liability and safety issues. This fact sheet provides an overview of the liability issues that can arise and how a bike share program owner or operator can minimize risk of liability.

Active Transportation in Minnesota: Resources Dedicated to Pedestrian, Bicycle, and Non-Motorized Transportation

The Public Health Law Center developed a series of resources dedicated to pedestrian, bicycle, and non-motorized transportation to raise public awareness of laws and programs that support these healthy forms of transportation.

Tell the FDA to Regulate All Tobacco Products (2013)

The FDA has opened a docket for public comments on our Citizen Petition urging the agency to assert jurisdiction over and regulate all tobacco products as stringently as it regulates cigarettes and smokeless tobacco.

Five Steps to Food & Beverage Success (2013)

This tip sheet is an introductory roadmap for navigating food and beverage operations such as concession stands and snack bars, and highlights ways to maximize efficiencies as well as incorporate healthier options.

Tips for Better Vending (2013)

This tip sheet provides a high level overview of some of the considerations around making food and beverage vending both healthy and financially successful.

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Highlights of Citizen Petition to FDA on Regulating all Tobacco Products (2013)

Highlights of Citizen Petition on behalf of a coalition of state and local public health organizations and their national membership organizations asking the FDA to assert jurisdiction over and regulate all tobacco products.

International Tobacco Control Organizations & Resources (2013)

Compilation of leading organizations that work to advance tobacco control efforts worldwide, along with links to several of their most useful resources.

Minnesota Recreational Use

This set of resources identifies liability issues, risk management strategies and available resources for Minnesota schools allowing community recreational use of school property.  

Using Waivers and Releases for Activities on School Property

This resource identifies how waivers and releases can be used as part of a comprehensive risk management strategy for liability relating to recreational activities.

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Minnesota School District Facility Use Checklist

This checklist identifies ways to improve existing Minnesota school board policies, rules and regulations relating to recreational use of school property, as well as to update facilities use forms, contracts and agreements to incorporate new liability protections and best practices.

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Minnesota Schools’ New Immunity What Does it Mean?

This resource outlines the 2012 Minnesota Legislature that created a new immunity limiting school district liability for recreational activities on school properties.

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Minnesota’s Joint Powers Law and What it Means for Recreational Use

This fact sheet provides an overview of intergovernmental collaboration in Minnesota.

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Damage Caps and Insurance Requirements for Schools in Minnesota

This resource outlines Minnesota statutory damage cap laws and how these limit how much someone can recover from a municipality.

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How to Pay for Recreational Use of School Property in Minnesota

This resource lists highlights various grant opportunities, many specific to Minnesota, that could potentially be used to fund shared use initiatives.

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Minnesota Foster Care: Glossary of Select Terms (2013)

Glossary containing select Minnesota-specific terms related to foster care regulations and policies, as well as a few legislative terms that may be of interest to parties considering smoke-free foster care initiatives.

Smoke-free Foster Care in Local Minnesota Communities: A Few Policy Considerations (2013)

Fact sheet addressing questions that local communities in Minnesota might have when considering the adoption of smoke-free foster care initiatives.

Thirdhand Smoke: A Select Bibliography of Recent Studies (2013)

Bibliography containing select listing of latest research studies and literature on thirdhand smoke, including brief descriptors and links, where available.

Minnesota Tobacco Tax Legislation: 2013

This fact sheet summarizes legislated changes to Minnesota tobacco tax laws, signed into law by Governor Mark Dayton on May 23, 2013.

Tobacco-Free Policies and Non-Traditional Campuses: Opportunities and Considerations

This factsheet provides basic information for “non-traditional” colleges and universities to consider when implementing tobacco-free policies.

Liability Protection for Food Donation

This fact sheet outlines liability protections at the federal and state level when donating food.

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Promoting Health in Minnesota Schools: The Active Classroom

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for an active classroom.

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Promoting Health in Minnesota Schools: “No Punishment or Reward” Policies

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language to ensure physical activity and food are not used as a punishment or reward.

Promoting Health in Minnesota Schools: School Health Councils

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for creating and sustaining a School Health Council.

Promoting Health in Minnesota Schools: Healthy Classroom Snacks and Celebrations

With daily snacks and frequent holiday and birthday parties, many snack and celebratory foods are served in schools. Usually, though, foods served as snacks and during parties are unhealthy (such as pizza, sugary drinks, cake, ice cream, or candy). Providing healthy classroom snacks and celebrations is a way to take advantage of snacks and parties and create opportunities for students to learn about healthy eating. Updated July 2017.

Promoting Health in Minnesota Schools: Healthy Concessions

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for healthy concessions policies.

Promoting Health in Minnesota Schools: Healthy Fundraising

Healthy fundraising involves the sale of healthy foods and non-food alternatives. This fundraising can support nutrition education that is being taught in the classroom. Updated July 2017.

Promoting Health in Minnesota Schools: School Gardens

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for school garden policies

Promoting Health in Minnesota Schools: Farm to School

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for Farm to School policies.

Promoting Health in Minnesota Schools: Physical Education

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for robust physical education policies.

Promoting Health in Minnesota Schools: Recess

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy. This sample outlines language for active recess policies.

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Promoting Health in Minnesota Schools: Safe Routes to School

Safe Routes to School (SRTS) is a movement focused on increasing the number of children who walk or bike to school. Safe Routes to School initiatives can include both policies and programs that support safe, efficient, and enjoyable opportunities for children to walk or bike to and from school.

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Online Resources for Researching Individuals & Organizations (2013)

Select compilation of online resources for researching individuals and organizations, including front groups, lobbyists, industry-funded organizations, and political organizations.

Disclosure of Smoking Policies in Multi-Unit Housing (2015)

Fact sheet that explains the concept of a smoking policy disclosure ordinance or statute, and reviews benefits and concerns that authorities might want to keep in mind when considering such measures.

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Cigarette Graphic Warning Labels and the Divided Federal Courts (2013)

Fact sheet clarifying two conflicting decisions related to graphic warnings on cigarette packages and advertisements: the 6th Circuit ruling that upholds the Tobacco Control Act’s graphic warning requirement and the D.C. Circuit decision that overturned the FDA’s graphic warning rule.

Encourage the FDA to Reject the Tobacco Industry's GMP Proposal and to Implement Strong, Meaningful Regulations (2013)

Talking points for those interested in commenting on whether the FDA should implement the tobacco industry’s proposal to implement a regulation to govern the manufacturing process for tobacco products.

Encourage the FDA to Implement a Third-Party Governance System for Tobacco Product Research (2013)

Talking points for those interested in commenting on whether the FDA should accept an Institute of Medicine recommendation to implement a system of third-party governance for tobacco product research.

Legal and Practical Considerations in the Operation of Federal School Nutrition Programs

This fact sheet provides an overview of key legal and practical considerations impacting the operation of federal school nutrition programs to support efforts obtain nutritious food for these programs.

Resource Compilation: General Procurement Regulations and Resources

This is a list of key resources providing background information on the operation of federal school nutrition programs, including school procurement practices, collective purchasing, food safety, USDA Foods, Farm to School initiatives, and others. 

Feeding America's Schoolchildren: Resources for Public Health and School Stakeholders

These resources provide public health officials and other school stakeholders with an overview of legal and practical considerations impacting federal school nutrition programs.

Frequently Asked Questions About Healthy Beverage Programs (2013)

This fact sheet provides responses for the questions that have typically come up when healthcare organizations have implemented healthy beverage programs.

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Healthy Beverage Hot Spots—Identifying and Utilizing the Institutional Access Points

This fact sheet identifies the key points of access to drinks within a healthcare facility.

Healthcare Can Lead the Way—Making the Healthy Choice the Easy Choice

This fact sheet explains how healthcare facilities are uniquely situated to both lead and benefit from healthy beverage programs.

Healthy Healthcare

This page identifies MInnesota-specific resources designed to support healthcare organizations in taking up the call to reduce and eliminate sugary drinks and other foods of poor nutritional quality, and promote healthy offerings on their campuses.

Overview of U.S. Smoke-free Foster Care Regulations (2013)

Table summarizing state smoke-free foster care regulations in effect as of December 2012, with hyperlinks.

Regulatory Options for Little Cigars (2013)

Fact sheet providing a brief overview of little cigars, their health risks, gaps in their regulation, and policy approaches that state and local governments might consider to regulate their usage, pricing, and marketing.

Regulatory Options for Snus (2013)

Fact sheet providing a brief overview of snus, its health risks, gaps in its regulation, and some approaches that state and local governments might consider to regulate its use, pricing, sale, and marketing.

Regulatory Options for Dissolvable Tobacco Products (2013)

Fact sheet providing a brief overview of dissolvable tobacco products, their health risks, regulatory gaps, and some approaches that state and local governments might consider to restrict their usage, pricing, and marketing.

Regulatory Options for Electronic Cigarettes (2013)

Fact sheet providing a brief overview of e-cigarettes, their potential health risks, gaps in current federal and state regulation, and some approaches that state and local governments might consider to regulate their use, pricing, sale, and marketing.

Options for Regulating Tobacco in the Retail Environment (2012)

Options that states and local governments could consider in regulating tobacco products at the point of sale.

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Federal Regulation of Tobacco and the Retail Environment (2012)

Summary of federal tobacco restrictions that impact the retail environment and options state and many local governments could consider when regulatling tobacco in retail settings.

The Effect of the 2012 Federal Transportation Reauthorization Bill on State and Local Regulation of Roll Your Own Tobacco Retailers (2012)

Fact sheet describing implications of 2012 federal policy that classifies as tobacco manufacturers retailers who make RYO tobacco machines available to consumers.

Preemption and Movement Building: Checklist for Advocates & Other Decision Makers

When public health legislation is on the table, preemption almost always comes up. This document is a checklist with questions and concepts to consider before the public health community agrees to federal or state preemption.

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Preemption and Movement Building in Public Health: Essentials of Preemption

This fact sheet outlines the essentials of preemption as it relates to public health and grassroots movement building.

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Building a Grassroots Public Health Movement

This graphic outlines the strategies for building a grassroots public health movement.

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Freedom of Information Act and the FDA (2016)

Information on how the public health community can use Freedom of Information Act requests to maximize its impact on the federal regulation of tobacco.

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Citizen Petitions: An Underutilized Tool in Tobacco Regulation (2012)

Overview of how tobacco control advocates can use citizen petitions to influence the FDA's regulation of tobacco.

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Healthy Vending and the Randolph Sheppard Act (2015)

Federal, state, and local governments can increase access to healthy foods and beverages by requiring all vending service providers to sell healthier options in vending machines on public property. Legally blind vendors can be particularly influential in what is sold in vending facilities located on government property because of the Randolph Sheppard Act. This fact sheet discusses the Randolph Sheppard Act and what the law means for healthy vending efforts.

Checked at the Check-Out Counter: Preemption at the Tobacco Point-of-Sale (2012)

Overview of preemption and how it applies in the tobacco point-of-sale context.

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Modified Risk Tobacco Products: Suggested Talking Points for Comments to FDA (May 2012)

Potential arguments to make in comments to the FDA on the draft guidance on modified risk tobacco products.

Tobacco in Adult Correctional Facilities: A Policy Overview (2012)

Overview of problems of tobacco use in U.S. adult correctional facilities, cost impact of tobacco use by the correctional population, challenges and obstacles faced by facilities in implementing tobacco-free policies, and guidelines for developing effective tobacco policies in U.S. correctional facilities.

Tobacco in Juvenile Facilities: A Policy Overview (2012)

Overview of tobacco use among youth in the juvenile justice system, the types of tobacco cessation programs available in juvenile facilities and the challenges that exist in providing these programs, and possible approaches to reducing tobacco use by high-risk youth.

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Tobacco Tax Basics: An Introduction to Key Considerations for States (2012)

Basic information about the taxation of cigarettes and non-cigarette tobacco products, including the public health rationale for tobacco tax increases, policy options for raising taxes, and tobacco industry political and marketing tactics in reaction to tax increases.

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PDF icon tclc-fs-tobaccotax-basics-2012.pdf272.98 KB

Telling the Public Health Story to the FDA: How the FDA Regulates Tobacco through the Rulemaking Process (2012)

Overview of the rulemaking process under the FDA's Family Smoking Prevention and Tobacco Control Act.

Federal Regulation of Tobacco and Its Impact on the Retail Environment (2012)

Overview of the federal tobacco restrictions that impact the retail environment, with a focus on provisions in the Family Smoking Prevention and Tobacco Control Act and related regulations. This fact sheet also includes policy options that states and many local governments can consider to further restrict tobacco in retail settings.

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PDF icon tclc-fs-fedreg-retail-environ-2012.pdf202.77 KB

Ballot Measures and Tobacco Control: Lessons Learned and Strategic Considerations (2012)

Overview of what ballot measures are, how they have been used in tobacco control, and some of the legal and strategic considerations related to using them.

Roll Your Own Tobacco Machines: An Overview (2012)

Basic information regulating "roll your own" tobacco machines, its impact on public health, and some of the options communities might consider in regulating these products.

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First Steps Towards Making Affordable Housing Smoke-free (2012)

Answers to common questions the public health community and others may have about smoke-free housing policies in low-income or subsidized multi-unit housing, including suggestions on how to find affordable housing providers and educate them about smoke-free policies.

Eliminating Barriers for Community Recreational Use of School Property: Policy Guidance on Liability & Shared Use (2012)

One key strategy for promoting increased physical activity is to open school property for recreational use by the community during non-school hours.  Whether real or misplaced, liability can be a key perceived barrier.  State laws relating to school liability are complex, and vary from one state to another. This document was created to outline key concepts to consider when assessing whether to clarify or change state liability protections and provides sample language to use as a staring place for state policy change.  

Comparison of Smoke-free Housing Policy Factors - Chart (2015)

A comparison of smoke-free housing policy factors, with an examination of private market rate versus publicly subsidized multi-unit housing.

The Federal Trade Commission and Tobacco (2012)

Overview of the Federal Trade Commission's role in enforcing tobacco product laws.

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PDF icon tclc-fs-ftc-and-tobacco-2012.pdf235.11 KB

Tobacco Control Act and SAMHSA Synar Program Comparison (2012)

Overview of the collaboration between the U.S. Food and Drug Administration (FDA) and the Substance Abuse and Mental Health Services Administration (SAMHSA), to ensure that their separate programs work together to help reach the shared goal of reducing youth access to, and use of, tobacco products.

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PDF icon tclc-fs-tcasynar-comparison-2012.pdf199.75 KB

Tips on Using The Verdict Is In: Findings from U.S. v. Philip Morris (2012)

This fact sheet is designed to take a brief look back at the tobacco case that made history – U.S. v. Philip Morris – and to provide tips on using resources such as the Consortium’s "The Verdict Is In" to locate critical evidence from the findings about the tobacco industry’s fifty-year conspiracy to defraud America and the world about the health risks of tobacco products.

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School Breakfast: A Necessity for Good Health and Academic Achievement in Minnesota Schools (2011)

The School Breakfast program, a program of the U.S. Department of Agriculture (USDA), has played an important role in the American school system for nearly fifty years. This fact sheet provides a summary of this program in Minnesota.

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Novel Non-Cigarette Tobacco Products: An Overview of Regulatory Options (2011)

Answers to basic questions about options communities might consider in regulating novel non-cigarette tobacco products.

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PDF icon tclc-fs-novelotps-2011.pdf377.25 KB

Framework for Analyzing Tobacco Policy Interventions (2011)

Tool to help organizations evaluate their own capacity, especially when they are pursuing grant funding that offers opportunities for strategic health policy change.

Tobacco Litigation Update: U.S. Smokeless Tobacco Manufacturing Co. v. NYC (2011)

Update on U.S. Smokeless Tobacco Manufacturing Co. v. New York City, where court upheld NYC’s law prohibiting sale of flavored smokeless tobacco products.

Tobacco Litigation Update: R.J. Reynolds Tobacco Co. v. FDA (2011)

Update on R.J. Reynolds Tobacco Co. v. FDA, the legal challenge to new graphic warning labels for cigarette packages.

Legal Considerations in Implementing a Tobacco Cessation Program in the Workplace (2011)

Answers to a few legal questions that employers may have when setting up a tobacco cessation program in the workplace.

Federal Regulation of Menthol Tobacco Products: Frequently Asked Questions (2011)

Answers to frequently asked questions about the status of menthol tobacco product regulation.

Price-Related Promotions for Tobacco Products: An Introduction to Key Terms & Concepts (2011)

Answers to frequently asked questions about the terms used to describe the tobacco industry's price-related marketing strategies.

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Taxation of Tobacco Products: An Introduction to Key Terms & Concepts (2011)

Answers to frequently asked questions about tobacco taxation terminology and concepts.

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School liability in MN (2011)

Concerns about liability can keep schools from implementing policies that might be beneficial to students or community members. This fact sheet provides an overview of liability and how Minnesota schools can use the law to protect themselves when implementing healthy eating and physical activity policies.

Legal Issues Impacting Farm to School and School Gardens in Minnesota (2011)

This legal synopsis provides an overview of the key legal issues involved in farm to school and school garden programs in Minnesota.

Bike Share Program Liability (2011)

Bike share programs can create liability and safety issues. This fact sheet provides an overview of the liability issues that can arise and how a bike share program can minimize risk of liability.

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Worksite Wellness and Affordable Care Act (2011)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet outlines how the Affordable Care Act updates current laws and regulations as it relates to worksite wellness programs.

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Sample School Wellness Policy Language: Healthy Fundraising (2011)

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to Healthy Fundraising.

Creating And Sustaining A School Health Council (2011)

Developing a School Health Council is a critical step to promote health and wellness in the school setting. A School Health Council can play a critical role in monitoring the school’s environment to ensure that health and wellness concepts are consistently reinforced and to ensure community partnership in these efforts.

Jennifer's Tool & Die: Worksite Wellness Policy (2011)

This sample policy was used in a July 2011 presentation relating to worksite wellness, and includes sample worksite wellness policy language.

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School Zone Speed Limits in Minnesota (2011)

This fact sheet provides an overview of how school zone speed limits are established, and information on how communities can develop strategies to enforce these speed limits, making roads safer for children who choose to walk or bike.

Federal Menu Labeling Law (2011)

This fact sheet provides an overview of the menu labeling law, which was part of the Patient Protection and Affordable Care Act. This law requires that large chain restaurants and similar retail food establishments, and certain owners and operators of vending machines, post calorie information on their menus or machines, and make other nutrition information available on request. The law also restricts what menu labeling laws state and local governments may adopt.

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Community Gardens: Model Resolution Language (2011)

The Public Health Law Center developed model language to be used as a tool for cities and counties to use in the promotion of community gardens on both public and private land.

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Waivers and Releases: Managing Liability Risk For Youth Recreational Activities in Minnesota (2011)

This fact sheet provides an overview of liability and how waivers and releases can be used as a risk management strategy to limit liability exposure.

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Sugar Drinks: A Policy Overview Fact Sheet (2011)

This fact sheet highlights the scientific evidence linking consumption of surgar drinks to obesity and highlights pricing policies available to reduce consumption of sugar drinks.

Laws Restricting the Sale of Tobacco Products in Pharmacies (2011)

Overview of the two lawsuits that have challenged the legality of local laws that prohibit the sale of tobacco products in pharmacies. 

Strategic Policy Change Checklist (2011)

Strategic policy change can often place significant strain on an organization. As a result, organizations need to give critical thought to key aspects related to such changes. This checklist is designed to help organizations evaluate their own capacity, especially when they are pursuing grant funding that offers opportunities for strategic change.

Kids, Cars and Cigarettes: A Brief Look at Policy Options (2011)

Overview of findings from Public Health Law Center policy brief on regulating secondhand smoke in vehicles with children present.

Healthy, Hunger-Free Kids Act of 2010: Submitting Comments to the USDA (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including how to submit comments to the United States Department of Agriculture (USDA).

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Healthy, Hunger-Free Kids Act of 2010: A Summary (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act.

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PDF icon ship-fs-hhka-summary-2011.pdf315.19 KB

New York City Graphic Warning Sign Requirement & Litigation - Fact Sheet (2011)

A fact sheet that provides a brief overview of the ongoing litigation in NYC regarding graphic tobacco warning signs at the point of sale, and the trial court decision's impact on state and local tobacco control efforts.

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PDF icon tclc-fs-nyposwarnings-2011_0.pdf191.76 KB

Local Board of Health Authority for Tobacco Control (2014)

Overview of common regulatory powers of local boards of health and legal challenges regarding the authority of local boards to pass tobacco control policies.

Smoke-free Child Care: A Policy Overview Fact Sheet (2011)

An overview of how children are affected by tobacco smoke, and some smoke-free child care policy guidelines for states, localities, and child care providers to follow.

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Subsidized Housing and Smoke-free Policies (2011)

Overview of two types of federally subsidized multi-unit housing and the government's approach to smoke-free policies.

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Model Policy for a Tobacco-free Environment in Minnesota's K-12 Schools - Questions and Answers (2011)

A detailed analysis, in question/answer format, which explains the reasoning behind the model policy created to assist Minnesota school districts in their efforts to create tobacco-free environments.

Model Policy for a Tobacco-free Environment in Minnesota's K-12 Schools (2011)

A model policy created to assist Minnesota school districts in their efforts to create tobacco-free environments.

Applying State Aid to Local Road Projects - Flowchart (2010)

This flow chart portrays the project approval process used by local governments who qualify for State-Aid distributed by the Mn/DOT (the Minnesota Department of Transportation).

Mn/DOT Variance Process - Flowchart (2010)

This flow chart summarizes the Mn/DOT State-Aid variance process, whereby a local government can request a variance to support a Complete Streets project.

Submitting Comments on Tobacco Products to the FDA (2010)

Brief explanation of the process of submitting comments on proposed rules, notes and other topics (including tobacco products) to the Food and Drug Administration.

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Liability Concerns in Minnesota: Recreational Maps (2010)

This fact sheet provides an overview of liability protections for municipalities (including cities and school districts) when creating recreational maps.

Checklist for Improving Your School Wellness Policy (2010)

An effective policy is tailored to a school’s individual needs, goals, and resources. Because of the unparalleled access schools.

Minnesota Healthy Kids / Physical Education Law (2010)

This fact sheet provides an overview of the Minnesota Healthy Kids/Physical Education Law which aims to ensure that more children have access to high quality physical education.

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Nursing Home Smoking Exemptions and Compliance with Federal Regulation (2010)

Explanation of why it is wrong to assume that federal regulations, including the Older Americans Act, require that smoke-free laws exempt nursing homes.

Drifting Tobacco Smoke & Legal Solutions for Business Owners (2010)

General information on a few legal options for a business owner confronted with drifting secondhand smoke from a neighboring establishment.

Liability for Minnesota Landowners Who Open Their Land for Public Use (2010)

Minnesota’s Recreational Use Statute provides the landowner with broad liability protection so the public can access, and make recreational use of, natural resources on private property.

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Smoke-free Common Interest Communities: Legal Fact Sheet (2010)

This fact sheet addresses some of the legal-related questions that may arise when homeowners’ associations consider adopting smoking restricted or smoke-free policies.

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Smoke-free Common Interest Communities: Results of a Survey of Minnesota Property Managers (2010)

Results of a survey of 17 property managers of owner-occupied common interest
communities (condos, townhomes, and other owner-occupied attached housing) in Minnesota.

Smoke-free Common Interest Communities: Results of a Survey of Minnesota Owner-Occupants (2010)

Survey of a random sample of 495 owner-occupants living in common interest communities (condos, townhomes, and other owner-occupied attached housing) in Minnesota.

Fines or Fees: Enforcement of Smoke- or Tobacco-free Policies / Minnesota State Colleges and Universities System (2010)

This fact sheet addresses the issue of using fines or fees as options to enforce smoke-free or tobacco-free policies at colleges and universities in the Minnesota State Colleges and Universities System.

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Employee Consent or Waiver Provisions for Smoke-free Workplace Regulations (2010)

Overview of a few typical employee consent/waiver provisions in smoke-free laws, legal and policy difficulties that can result from such provisions, and mitigating language to protect employee rights if these provisions are enacted.

Temporary Restraining Orders and Injunctive Relief in Challenges to Smoke-free Laws and Regulations (2010)

Explanation of the differences between common pretrial motions in challenges to tobacco litigation, the basic legal processes courts use to address these motions, and requirements that must be met for the courts to grant requests for the most common of these motions: temporary restraining orders or preliminary injunctions.

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U.S. v. Philip Morris: Key Tobacco Industry Admissions (2010)

Summary of key tobacco company admissions resulting from U.S. v. Philip Morris - admissions likely to be of vital interest to other countries considering tobacco litigation.

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Policy Drafting Checklists (2010)

These checklists are useful tools in the policy drafting and review process. The first checklist contains the steps in policy planning and drafting. The second checklist contains the elements that should be included in a policy. The final checklist contains questions for review of the policy to ensure that it is effective and comprehensive. Not every item will be relevant to every policy, but all should be considered.

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Consumer Protection: An Overview of State Laws and Enforcement (2010)

NPLAN & Public Health Law Center
PDF, 272.79 KB

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State AG Enforcement of Food Marketing Laws: A Brief History (2010)

NPLAN & Public Health Law Center
PDF, 234.48 KB

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Connecting with State AG Offices (2010)

NPLAN & Public Health Law Center
PDF, 235.69 KB

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State AGs: Who They Are and What They Do (2010)

NPLAN & Public Health Law Center
PDF, 216.36 KB

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Minnesota's Tobacco Modernization and Compliance Act of 2010 - Information Sheet

A summary of Minnesota's Tobacco Modernization and Compliance Act of 2010, which expanded the reach of Minnesota laws related to the sale and use of tobacco products and related devices.

Liability for Volunteers in the Walking School Bus Program (2010)

This fact sheet provides an overview of liability and how a Minnesota statute provides liability protection for volunteers who may supervise a Walking School Bus Program.

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Regulating Tobacco Product Pricing: Guidelines for State and Local Governments (2010)

An overview of common price-related marketing strategies used by tobacco manufacturers, and a summary of regulatory tools that state and local governments might want to consider to limit these strategies, such as tobacco taxation, coupon restriction, and minimum price requirements.

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Regulating Tobacco Retailers: Options for State and Local Governments

A summary of guidelines and drafting tips to help state and local governments identify strategies for regulating tobacco retailers (such as face-to-face only transactions; out-of-sight requirements for tobacco products; and tobacco-free buffer zones around schools and playgrounds), as well as potential ways these strategies might be limited by law.

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PDF icon tclc-fs-retailers-2010.pdf1.52 MB

Understanding Road Design in Minnesota (2010)

This document identifies different types of roads within Minnesota and explains how the Complete Streets legislation impacts municipal state-aid streets and county state-aid highways.

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Bicyclist and Pedestrian Rights and Responsibilities in Minnesota (2010)

This fact sheet provides a summary of bike and pedestrian laws in Minnesota.

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Regulating Tobacco Advertising and Promotion: A "Commerce Clause" Overview for State & Local Governments

An overview of potential ways in which state and local regulation of tobacco product marketing and promotion might be limited by the U.S. Constitution's Commerce Clause, as well as a summary of key considerations and drafting tips for local authorities in constructing and enforcing tobacco advertising and promotion policies.

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PDF icon tclc-fs-regadvert-2010.pdf1.65 MB

Minnesota Complete Streets Policy (2010)

This fact sheet describes Minnesota’s Complete Streets policy.

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Preemption by Any Other Name

New policies preempting local or state regulation can have a profound effect on public health, and language indicating “preemptive intent” can appear in many different forms. This fact sheet is designed to help advocates spot preemptive intent so that they can address it as new policies are negotiated. Developed in partnership with Public Health Law & Policy (now ChangeLab Solutions).

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Negotiating Preemption: Strategies and Questions to Consider

This fact sheet is designed to help advocates and policymakers negotiate preemption as new policies are drafted and make their way through the legislative process. Developed in partnership with Public Health Law & Policy (now ChangeLab Solutions).

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Fundamentals of Preemption

This fact sheet explains what the legal concept of preemption means and how to spot it in a proposed law so that advocates can participate fully in policy discussions. Developed in partnership with Public Health Law & Policy (now ChangeLab Solutions).

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The Consequences of Preemption for Public Health Advocacy

This fact sheet is designed to help policymakers and public health advocates consider whether the benefits of a new policy creating a “one-size-fits-all” standard outweigh the benefits of state and local control. Developed in partnership with Public Health Law & Policy (now ChangeLab Solutions).

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Benefit promotion tool #3: Example of a 6- or 12-month promotional campaign

PDF, 78 Kb

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Function and Role of Amicus Briefs in Public Health Litigation (2010)

PDF, 253 Kb

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PDF icon phlc-fs-amicus.pdf252.48 KB

Regulating Tobacco Marketing: A “Commercial Speech” Factsheet for State and Local Governments

An overview of how courts analyze different laws restricting tobacco marketing and promotion, which includes guidelines to state and local governments for tailoring new laws to meet the requirements of the Federal Cigarette Labeling and Advertising Act and the First Amendment, and a chart outlining legislation drafting tips.

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PDF icon tclc-fs-speech-2010.pdf177.97 KB

An overview of tobacco cessation medications

An overview of the seven currently available FDA-approved tobacco cessation medications that increase long-term tobacco use quit rates.

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PDF icon ws-fs-medications-2009.pdf130.37 KB

Nicotine dependence, relapse, and quitting smoking

Quick facts on nicotine dependence, relapse, and quitting smoking. Fact sheet also includes information on factors that make quitting more challenging, and keys to successfully quitting.

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PDF icon ws-fs-dpendence-2009.pdf123.7 KB

An overview of tobacco cessation counseling

An overview of tobacco cessation counseling, a key strategy for providing support to individuals during their attempts to quit smoking.

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PDF icon ws-fs-counseling-2009.pdf111.07 KB

Promoting Health in Minnesota Schools: School Wellness Policies

Strong school wellness policies can help schools achieve their health and wellness goals. The Public Health Law Center developed a series of sample school wellness policies to fit in the Minnesota School Boards Association’s model school wellness policy.

Healthy, Hunger-Free Kids Act of 2010: Afterschool Meal Program (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including the afterschool meal program.

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PDF icon ship-fs-hhka-afterschoolmeal-2011.pdf397.69 KB

Worksite Wellness and the Americans with Disabilities Act Medical Information (2010)

This fact sheet provides an overview of the American with Disabilities Act’s regulation of medical information as it applies to worksite wellness programs.

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PDF icon ship-fs-ww-adamedinfo-2010.pdf294.69 KB

Healthy Vending in Kansas and the Randolph-Sheppard Act (2016)

Establishing policies that support healthy vending and food service in public spaces in Kansas can increase community access to healthy food and beverages. Successfully implementing a healthy vending policy on public property, however, requires an understanding of the federal Randolph-Sheppard law and its Kansas counterpart. These laws give legally blind vendors a preference in operating food outlets, such as vending machines and concessions, on some government property. This resource explains these laws and how they can influence initiatives to provide healthier food environments on public property in Kansas.

U.S. Assisted Living Smoke-free Regulations: Frequently Asked Questions (2016)

Answers to several common questions about assisted living residences, including adult foster care homes and facilities, and policies to address tobacco use and secondhand smoke exposure in these settings.

E-Cigarettes and Other Tobacco Products Online: Preventing Sales to Kids (2016)

Overview of state and federal laws and other measures that attempt to prevent the online sale of tobacco to youth.

Minnesota Tobacco Point-of-Sale: Compliance and Enforcement Programs (2016)

The sale of tobacco is regulated by laws adopted at the federal, state, and local levels. A number of enforcement programs exist to monitor retailer compliance with these different laws and to provide consequences when violations occur.

Minnesota Tobacco Point-of-Sale: Product Samples and Sampling

Federal and state laws restrict the distribution of some tobacco product samples and limit the smoking and use of these products in some locations. However, not all retailers and products are subject to these restrictions. Fortunately, local governments can adopt more restrictive regulations that address samples and sampling.

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PDF icon phlc-fs-MDH-POS-Sampling-2016.pdf444.75 KB

Minnesota Tobacco Point-of-Sale: Violations and Penalties

We expect people to follow our tobacco laws. But when they don’t, there can be consequences. Effective licensing penalties encourage compliance and reduce the need for costly enforcement actions. Penalties should be reasonable, and an enforcement program must be administered responsively.

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PDF icon phlc-fs-MDH-POS-Penalties-2016.pdf506.65 KB

Minnesota Tobacco Point-of-Sale: Retail License Fees

Licensing is a tool that local governments use to regulate businesses to help ensure compliance with the law. Cities and counties incur costs when administering and enforcing those regulations. A retail tobacco license fee allows cities and counties to recover their costs by placing the financial burden on those creating them – the retailers and their customers. When the fee isn’t sufficient, community residents are essentially subsidizing the sale of tobacco.

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PDF icon phlc-fs-MDH-POS-License-Fees-2016.pdf467.23 KB

Minnesota Tobacco Point-of-Sale: Establishing a Minimum Clerk Age

Peers can be a key source of tobacco for minors. Underage clerks can feel pressured to sell tobacco to their friends or others that they know. Those closer to age 18, or more physically mature youth may be more successful buying tobacco from younger clerks. Setting or increasing the minimum age for those who sell tobacco is one way to reduce illegal sales to minors.

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PDF icon phlc-fs-MDH-POS-min-clerk-age-2016.pdf535.19 KB

How Other Countries Regulate Flavored Tobacco Products (2015)

Summary of select flavored tobacco restrictions from around the world.

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PDF icon tclc-fs-global-flavored-regs-2015.pdf140.88 KB

Partnerships to Ensure Safe Handling and Disposal of Electronic Smoking Devices (2015)

Suggestions on how public health professionals can partner with occupational and environmental health and safety agencies to ensure the safe handling and disposal of electronic smoking devices and related waste.

Florida's Child Care Licensing Laws (2015)

This resource outlines how the current child care licensing laws in Florida address nutrition, breastfeeding, active play, and screen time.

Drafting Tribal Public Health Laws and Policies (2015)

This publication is designed to assist Tribal leaders, health departments, public health advocates, and community members in thinking about how to draft written public health laws or policies for their Tribes.

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PDF icon fs.tribal.health.policies.July2015.pdf545.87 KB

Healthy, Hunger-Free Kids Act of 2010: Farm to School and Organic Foods (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including Farm to School and Organic Foods.

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PDF icon ship-fs-hhka-farmtoschool-2011.pdf333.42 KB

Worksite Wellness and the Americans with Disabilities Act Reasonable Accommodation (2010)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet provides an overview of the American with Disabilities Act’s requirement that persons with disabilities be provided reasonable accommodations as it applies to worksite wellness programs.

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PDF icon ship-fs-ww-adareasonableacc-2010.pdf366.49 KB

Healthy, Hunger-Free Kids Act of 2010: Food Service Requirements (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including Food Service Requirements.

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PDF icon ship-fs-hhka-foodservicereq-2011.pdf299.33 KB

Worksite Wellness and Federal Income Tax (2010)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet provides an overview of federal income tax law as it applies to worksite wellness programs.

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PDF icon ship-fs-ww-fedincometax-2010.pdf458.91 KB

Healthy, Hunger-Free Kids Act of 2010: Nutrition Standards (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including the Nutrition Standards.

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PDF icon ship-fs-hhka-nutritionstds-2011.pdf352.47 KB

Worksite Wellness and Genetic Information Nondiscrimination Act (GINA) (2010)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet provides an overview of the Genetic Information Nondiscrimination Act (GINA) as it applies to worksite wellness programs.

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PDF icon ship-fs-ww-gina-2010.pdf347.43 KB

Healthy, Hunger-Free Kids Act of 2010: School Wellness Policies (2011)

The Act strengthens school food nutrition standards, increases access to and funding for school meals, and increases technical assistance to schools. It also strengthens school wellness policies, improves farm to school programs, expands afterschool meals programs for at-risk children, and establishes certification standards for food service personnel. In addition to this summary, the Public Health Law Center has created a set of fact sheets outlining several key areas of the Act, including requirements for school wellness policies.

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PDF icon ship-fs-hhka-schoolwellnesspol-2011.pdf481.67 KB

Worksite Wellness and HIPAA Nondiscrimination Regulations (2010)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet provides an overview of the Health Insurance Portability and Accountability Act (HIPAA) nondiscrimination regulations as they apply to worksite wellness programs.

Worksite Wellness and HIPAA Privacy (2010)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet provides an overview of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule as they apply to worksite wellness programs.

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PDF icon ship-fs-ww-hipaaprivacy-2010.pdf355.61 KB

Worksite Wellness and the Minnesota Consumable Products Act (2010)

Minnesota employers who establish worksite wellness programs must comply with certain legal requirements. The Public Health Law Center has developed a series of fact sheets describing the various legal issues. This fact sheet provides an overview of the Minnesota Consumable Products Act as it applies to worksite wellness programs.

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PDF icon ship-fs-ww-mnconsumprodact-2010.pdf330.86 KB

Select Bibliography on Menthol Tobacco Products & Related Regulatory Resources (2015)

A select compilation of recent scientific studies, advocacy resources, and similar material related to the regulation of menthol tobacco products.

Sample School Wellness Policy Language: Healthy Classroom (2011)

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to Healthy Classrooms.

Sample School Wellness Policy Language: Healthy Concessions (2011)

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating Healthy Concessions.

Sample School Wellness Policy Language: No Food as a Reward/Punishment (2011)

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to No Food as a Reward/Punishment.

Sample School Wellness Policy Language: School Gardens (2011)

The Public Health Law Center has created a series of fact sheets with sample language for school wellness policies, specifically for Minnesota school districts and langauge relating to School Gardens.

Designing Effective Tobacco Control Programs for Blue Collar Workers

Information on designing effective tobacco control programs for blue collar workers.

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PDF icon ws-fs-programs-2004.pdf37.33 KB

The Tobacco Industry: The Fight against Secondhand Smoke

A fact sheet describing some of the methods the tobacco industry uses to weaken the case for indoor air policies.

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PDF icon ws-fs-industry-2004.pdf23.25 KB

Secondhand Smoke: The Health Consequences

An overview of secondhand smoke and its health consequences.

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PDF icon ws-fs-health-2004.pdf18.14 KB

Costs and Benefits of Smoking and Smoke-Free Policies in the Workplace

Information regarding the costs of smoking at work, how smoke-free policies are associated with smoking cessation, and the economic benefits of a smoke-free workplace.

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PDF icon ws-fs-costs-2004.pdf32.01 KB

Blue-Collar Workers and Tobacco

Information on how blue-collar workers are disproportionately affected by tobacco use, and how smoking multiplies the risk of lung cancer from asbestos exposure.

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PDF icon ws-fs-blue-collar-2004.pdf26.07 KB

Secondhand Smoke in Bars & Restaurants

Information on how bar and restaurant workers are exposed to secondhand smoke, and the economic impact of smoke-free ordinances for bars and restaurants.

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PDF icon ws-fs-bars-2004.pdf27.75 KB