Guides & toolkits

The Public Health Law Center’s publications are written for public health practitioners, legal professionals, advocates, policymakers and the general public. Guides and toolkits are educational resources in public health law areas, written for a general audience.

  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.

  A Guide to Operating Farmers' Markets in Kansas

Farmers’ markets often have handbooks or specific rules for vendors and market operations. This resource provides a list of different considerations a market may want to include in the market and vendor rules.

  Farmers Market Vendor and Market Rules

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.

  Point-of-Sale Strategies: A Tobacco Control Guide (2014)

A 52-page guide with a wealth of practical information on selecting and implementing strategies to limit the sale, display, and advertising of tobacco products in the retail environment.  (Center for Public Health Systems Science at Washington University in St. Louis and Tobacco Control Legal Consortium) 

  Regulating Electronic Cigarettes and Similar Devices (2013)

Updated policy guide with options and pointers for communities and policymakers to consider when drafting or implementing laws or policies that regulate e-cigarettes and similar devices.

  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.

  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.

  Pricing Strategies - Tobacco Control Guide (2014)

A 32-page guide on how to implement policies that effectively raise the cost of tobacco products, such as excise tax increases, as well as other price-related policies and enforcement measures.  (Center for Public Health Systems Science at Washington University in St. Louis and Tobacco Control Legal Consortium)

  Policy Strategies - Tobacco Control Guide (2014)

A 32-page guide on how to work with the media, coalitions, decision makers, business owners, and communities to create smoke-free environments, increase the cost of tobacco products, and restrict access to tobacco products.  (Center for Public Health Systems Science at Washington University in St. Louis and Tobacco Control Legal Consortium)

  Regulating Smoking in Multi-Unit Housing - Tips & Tools (2013)

This updated guide provides basic guidelines to communities about policies that address secondhand smoke infiltration in multi-unit housing

  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.

  Regulating Price Discounting in Providence, RI: Case Study (2013)

Case study by Center for Public Health Systems Science at Washington University in St. Louis that describes Providence, Rhode Island's experiences passing the first U.S. law prohibiting tobacco product coupon redemption and multi-pack discounts and that highlights the critical role that legal technical assistance played in making this law possible.

  Policy Approaches to Restricting Tobacco Product Coupons and Retail Value-Added Promotions (2013)

Overview of tobacco industry price discounting practices, price-related regulatory tools that state and local governments might consider, legal considerations related to these options, and examples of select legislation and regulations restricting tobacco coupons and retail value-added promotions, with comments on the benefits and limitations of each approach.

  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.  

  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.

  Policy Tools for Minimizing Public Health and Environmental Effects of Cigarette Waste (2014)

Tips and tools for governmental authorities and organizations interested in implementing measures to minimize public health and environmental effects of cigarette waste.

  Healthy Beverages in Healthcare Toolkit Collection (2013)

Collection of resources designed to inform and support efforts to promote healthy beverage choices and reduce consumption of unhealthy products within workplace settings in Minnesota, with a special focus on healthcare settings.

  Tobacco Cessation Toolkit for Taft-Hartley Funds (2011)

This WorkSHIFTS toolkit includes 21 fact sheets that provide user-friendly information about best practices for providing and promoting cessation benefits for blue-collar workers in Taft-Hartley Health and Welfare Funds.

  Family Smoking Prevention and Tobacco Control Act: Litigation Update (May 2014)

Guide to recent and pending ligation that challenges or implicates the Family Smoking Prevention and Tobacco Control Act.

  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.

  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.

  Location, Location, Location: Regulating Tobacco Retailer Locations for Public Health - Tips & Tools (2012)

Overview of how regulating tobacco retailer locations benefits public health, policy options for regulating retailer locations, and legal issues to consider.

  Prohibiting the Sale of Tobacco Products in Pharmacies -- Tips & Tools (2014)

Policy options for restricting tobacco sales in pharmacies and related legal implications and possible challenges to such policies.

  Cause and Effect: Findings from the 2012 Surgeon General's Report on Youth Tobacco Use (2012)

A compilation of excerpts summarizing key findings from the 2012 Surgeon General's Report, Preventing Tobacco Use Among Youth and Young Adults.

  Finding Space to Play (2012)

Increasing physical activity is important to promote individual and public health.  Whether or not someone is physically active is closely tied to one’s access to a safe, affordable, and convenient place to be physically active.  School recreational facilities can provide valuable space for community recreational activity.  However, schools and communities must navigate a number of policy and legal considerations when schools open their property for community recreational use.  This report provides a comprehensive overview of the key legal and policy issues impacting community recreational use of school property along with a review of the current policy initiatives being pursued at the state and local levels to promote community recreational use of school property. 

  Sample Language to Restrict the Sale of Flavored Non-Cigarette Tobacco Products -- Tips & Tools (2012)

Sample language that a local government can adapt in restricting the sale of flavored non-cigarette tobacco products, along with detailed commentary on the concepts addressed.

  State Taxation of Cigarettes -- Tips & Tools (2012)

Policy background information about state cigarette taxation, including policy rationale, options, elements, challenges, and resources, as well as an overview of current federal and state cigarette excise tax rates. 

  State Taxation of Non-Cigarette Tobacco Products -- Tips & Tools (2012)

Policy considerations related to state taxation of non-cigarette tobacco products, including information on federal and state non-cigarette tobacco product excise tax rates, policy rationale, options, elements, challenges, and resources.

  Regulating Tobacco Products Based on Pack Size - Tips & Tools (2012)

Basic information for state and local policymakers and others on regulating tobacco products based on pack size; includes policy benefits, options, elements, legal considerations, select legislation and policies, and resources.

  Raising the Minimum Legal Sale Age for Tobacco and Related Products - Tips and Tools (2014)

Basic information for state and local policymakers, advocates, and others on policy implications related to raising the minimum legal sale age for tobacco and related products as a tobacco control strategy.

  Sunshine Laws: Requiring Reporting of Tobacco Industry Price Discounting & Promotional Allowance Payments to Retailers and Wholesalers - Tips and Tools (2012)

Basic information for state and local policymakers, advocates, and others who are considering requiring disclosure or reporting of industry price discounting and promotional allowance payments (i.e. "sunshine laws") as a tobacco control strategy.

  Regulating Roll Your Own Tobacco Machines - Tips & Tools (2012)

Basic information for state and local policymakers, advocates, and others on regulating "roll your own" tobacco machines; includes policy benefits, policy options, legal challenges, select legislation and policies and resources.

  PHLC Community Garden Policy Guide (2012)

This resource provides local governments, community garden groups, individual gardeners, and other interested stakeholders a practical tool to navigate the various policy and legal issues impacting local community garden efforts. This Guide provides a snapshot of a broad range of legal and policy considerations impacting community gardens. Some policy issues addressed include land use planning and zoning considerations; the creation and implementation of new gardens; the availability of resources and land for community gardens; and liability concerns impacting landowners opening land for community gardens.

  Creating Smoke-free Affordable Housing - Tips and Tools (2012)

Basic information for communities to consider when implementing affordable housing policies, including policy benefits, types of affordable housing, challenges, examples of affordable housing policies, and resources.

  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.  

  Tobacco Control and the Takings Clause - Tips and Tools (2011)

Overview of common takings challenges to tobacco control policies, explanations of how courts typically view such claims, and tips on how to draft policies to make them more likely to withstand such challenges.

  Regulating Flavored Tobacco Products - Tips & Tools (2011)

Pointers that communities and policymakers might want to consider in drafting and implementing policies that regulate flavored tobacco products.

  Cigarette Minimum Price Laws - Tips and Tools (2011)

Pointers on state cigarette minimum price statutes and regulations, including policy benefits and considerations, potential legal challenges and select legislation.

  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.
  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.

  Tobacco Control and the Void for Vagueness Doctrine - Tips and Tools (2011)

Tips and tools on common vagueness claims in tobacco legislation, as well as pointers for drafting tobacco control policies to be as defensible as possible against such legal challenges.

  Tobacco Control and the Equal Protection Clause - Tips and Tools (2011)

Overview of the most common equal protection challenges to tobacco control laws and advice on how to draft policies to make them less vulnerable to such challenges.

  Adopting Tobacco-free Policies on Campuses - Tips and Tools (2014)
Guidelines to assist local and governmental units, private corporations, health care institutions and educational providers in creating effective and enforceable policies that restrict the use of tobacco products.
  Restricting Tobacco Advertising - Tips and Tools (2011)
An overview of policy considerations for communities interested in placing restrictions on tobacco advertising, including drafting guidelines on how to prepare for possible legal challenges to such restrictions.
  Placement of Tobacco Products - Tips and Tools (2011)
Pointers that communities might want to keep in mind when considering policies restricting the placement of tobacco products in retail stores.
  Tobacco Coupon Regulations and Sampling Restrictions - Tips and Tools (2011)
Overview of strategies that communities might consider to regulate the price of tobacco products and combat tobacco use, such as coupon regulations and sampling restrictions, and a review of potential legal challenges.
  Regulating Smoking in Multi-Unit Housing - Tips and Tools (2011)
Basic guidelines for communities on policies that address secondhand smoke infiltration in multi-unit housing.
  Content-Neutral Advertising Laws - Tips and Tools (2011)
An overview of ways in which communities can use content-neutral advertising laws as a tobacco control measure.
  Using Licensing and Zoning to Regulate Retailers - Tips and Tools (2011)
Pointers on how state and local governments can use licensing and zoning to control the locations of tobacco retailers and increase compliance with tobacco control laws.
  Regulating Hookah and Waterpipe Smoking - Tips and Tools (2010)
Information for communities to consider when addressing the health concerns associated with hookah smoking.
  Regulating Tobacco Use Outdoors - Tips and Tools (2014)
Pointers that communities and policymakers might want to consider when drafting and implementing tobacco-free policies for outdoor areas, such as parks, recreational facilities, beaches, outdoor workplaces, restaurant and bar patios, transit waiting areas, and public events such as county fairs and farmers' markets.
  WorkSHIFTS Toolkits for Employers and Unions

Resource guides and educational tools for union leaders and employers who want to address tobacco-related workplace issues from the perspective of labor-management cooperation

  Federal Regulation of Tobacco: A Summary
A series of fact sheets summarizing by topic key elements of the federal Family Smoking Prevention and Tobacco Control Act signed into law in 2009.
  Federal Regulation of Tobacco: Impact on State and Local Authority
A series of fact sheets that describe how the new federal legislation affects the tobacco control authority of state and local governments.
  Federal Regulation of Tobacco Collection

Fact sheets and other materials addressing complex legal issues raised by the new federal tobacco legislation.

  Regulating Tobacco Marketing: “Commercial Speech” Guidelines for State and Local Governments
Overview of potential ways that state and local tobacco product marketing and promotion might be limited by the provisions of the Federal Cigarette Labeling and Advertising Act or the First Amendment to the U.S. Constitution, describing key considerations to help governments avoid potential legal pitfalls and draft new tobacco marketing laws.
  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.
  Regulating Tobacco Marketing: A “Commercial Speech” Flowchart for State and Local Governments
A one-page flowchart, a companion to the two publications on "Regulating Tobacco Marketing: Commercial Speech", illustrates the ways courts might view a proposed tobacco marketing law should it ever be legally challenged.
  A Union Guide to Tobacco: Tobacco and Labor Unions
A WorkSHIFTS resource, developed in collaboration with union leaders, that provides critical information about health harms and costs associated with tobacco use and exposure to secondhand smoke among blue-collar workers, as well as legal guidance and policy tools for developing and implementing workplace policies.
  An Employer Guide to Tobacco
A WorkSHIFTS resource that provides management personnel with information about health harms and costs associated with tobacco use and exposure to secondhand smoke among blue-collar workers, as well as legal guidance and policy tools for developing and implementing workplace policies.
  Legal Resources for Tobacco Control
Technical Assistance Legal Center (2001). This guide provides legal resources for public policy initiatives. Some of the resources are applicable to individuals and private litigants, but the main focus of the guide is on legal tools to change the social norms regarding smoking and tobacco use.
  Tracking Tobacco Laws
The definitive digest of major tobacco-related laws and regulations that affect the State of Minnesota, including overviews of, and hyperlinks to, federal laws, state statutes and regulations, and other legal restrictions on the tobacco industry - current as of January 2009.
  Tobacco Products Sales & Display: A Legal Resource for Minnesota Business Owners
A quick reference guide summarizing laws and legal restrictions that affect how tobacco products can be advertised, particularly in or outside retail stores in Minnesota, and including legal agreements that impose nationwide restrictions, as well as Minnesota laws and provisions from the city codes of Brooklyn Center, Crystal, and New Hope.
  The Verdict Is In: Findings from United States v. Philip Morris
A compilation of select quotes from the 2006 landmark decision in the U.S. government's massive racketeering case against cigarette manufacturers. This compilation is divided into seven sections relating to specific topics in the decision of Judge Gladys Kessler of the United States District Court for the District of Columbia.
  O Veredicto Final
Aliança de Controle do Tabagismo (Portuguese), The Verdict Is In: Findings from United States v. Philip Morris (2006) in Portuguese.