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Home My WebLink AboutPRESENTATION - #39Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 1 Ordinance Prohibiting the Sale of Flavored Tobacco Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 2 Background Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 3 Councilmember Requested Item •At the November 16, 2021 meeting, Councilmember Mendoza added the following Councilmember requested item: –Discuss and Consider Directing City Manager to Direct Staff to Introduce an Ordinance to Ban the Sale of Flavored Tobacco Products. •There was consensus among a majority of the City Council to proceed with this item. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 4 Current Regulations Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 5 Tobacco Retailer License Ordinance •Adopted in 2006 •Establishes definitions for terms such as “tobacco paraphernalia”, “tobacco product”, and “tobacco retailer”. •Declares that a person who acts as a tobacco retailer may only do so in a fixed business location and must obtain and maintain a valid tobacco retailer license by following the application procedure set forth in the ordinance. •Outlines provisions relating to application, renewal, suspension or revocation, appeal, seizure, and enforcement procedures. •The current ordinance does not reference flavored tobacco. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 6 Flavored Tobacco Products Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 7 What is Flavored Tobacco? •Flavored tobacco means any tobacco product with added flavorings. –This can mean tobacco products that contain a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. –Tobacco products may be flavored to mask the taste or odor of tobacco smoke, enhance tobacco flavor, or decrease the social stigma associated with smoking. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 8 Health Impacts of Tobacco Use Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 9 Tobacco Use •According to the U.S. Centers for Disease Control and Prevention (CDC), tobacco use is the leading cause of preventable death in the United States and worldwide. –More than 16 million U.S. residents are living with a disease caused by smoking. –Worldwide, tobacco use causes more than 7 million deaths per year. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 10 Tobacco Use among Youth •A 2016 U.S. Surgeon General report found that while nicotine is a highly addictive drug at any age, youth and young adults are uniquely vulnerable to the long-term consequences of exposing the brain to nicotine. •In 2018, the Surgeon General’s Advisory on E- Cigarette Use among Youth noted that e-cigarette use increased 78 percent among high school students during the past year, and one in five high school students and one in 20 middle school students currently use e-cigarettes. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 11 Actions Taken by the FDA •In 2009, the FDA banned cigarettes with characterizing flavors other than menthol (which have been proven to appeal to youth and young adults). •More recently, in April 2021, the FDA announced plans to propose tobacco product standards to ban menthol as a characterizing flavor in cigarettes, as well as to ban all flavors in cigars—including menthol. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 12 Proposed Ordinance Banning the Sale of Flavored Tobacco Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 13 Definition of “Tobacco Product” •Any product or substance containing, made of, or derived from tobacco or nicotine that is intended for human consumption leaf, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; or •An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, pipe or hookah •Any component, part, accessory of the above, whether or not any of these contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps; any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the exception that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 14 Prohibition on the Sale of Flavored Tobacco •The proposed ordinance makes it unlawful for a tobacco retailer, or any of the tobacco retailer’s agents or employees, to sell, offer for sale, possess with intent to sell or offer for sale, a flavored tobacco product. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 15 Enforcement Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 16 •To enforce the proposed ordinance, SAPD would need to expand its current enforcement operations: –Weekly business compliance checks to ensure no flavored tobacco products are sold on premises. –Increased use of undercover decoy programs to identify businesses selling prohibited tobacco products. –Additional infraction citations issued when illicit products are located. –Increased permit staff time to revoke tobacco retailer licenses for habitual business offenders. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 17 Options Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 18 •Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products. •Adopt an urgency ordinance prohibiting the sale of flavored tobacco products. Ordinance Prohibiting the Sale of Flavored Tobacco City Manager’s Office December 21, 2021 Slide 19 Questions?