Private Right of Action Provision

Model Provision

Private Right of Action Provision TALC drafted this model provision to assist advocates who are interested in enforcing tobacco control laws directly, without relying on state or local enforcement officials. The provision can be added to any existing or new tobacco control ordinance that supplements state law, including ordinances pertaining to secondhand smoke, land use, or licensing. The provision is annotated with comments that explain the meaning and importance of the various clauses. For a further explanation of the rationale behind and potential impact of this model provision, please see TALC’s companion memorandum entitled The Benefits of Adding a Private Right of Action Provision to Local Tobacco Control Ordinances.

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Private Right of Action Provision (DOC, Updated 7/06) 213.5 KB
  • Policy Area:
    • Enforcement