HomeMy WebLinkAboutCM Flavored Tobacco Product Ban PPTInformational Report on a Potential Flavored
Tobacco Ban
April 15, 2019
San Rafael City Council
August 16, 1999-Ordinance
No. 1741 enacted creating
Tobacco Retailer License
February 18, 2003-Ordinance No. 1797 creates definition for
“Significant Tobacco Retailer” as a business:
1.Devoting over 20% of sales/display area for tobacco
sales, or
2.75% of gross receipts coming from tobacco sales
Ordinance also, prohibits Significant Tobacco Retailers from
1,000ft of a designated spaces frequented by youth and
families (i.e. schools, churches, movie theaters, etc.).
2012-Council amends
smoking ordinance to
enhance outdoor and indoor
air regulations
2016-Council further amends smoking
ordinance to prohibit public e-cigarette
use, eliminates smoking exception for
Downtown, adds pedestrian-friendly
signage to Downtown.
Legislative History
Informational Report on Flavored Tobacco
April 15, 2019
Tobacco Bans in Marin Jurisdictions
Informational Report on Flavored Tobacco
April 15, 2019
Jurisdiction Ban Type Effective Date
County of Marin Flavored Tobacco Ban
Pharmacy Tobacco Retail Ban
July 1, 2019
San Anselmo Flavored Tobacco Ban
Pharmacy Tobacco Retail Ban January 1, 2020
Fairfax Flavored Tobacco Ban
Pharmacy Tobacco Retail Ban
January 1, 2019
Larkspur Flavored Tobacco Ban
Pharmacy Tobacco Retail Ban January 1, 2020
Corte Madera Flavored Tobacco Ban
Pharmacy Tobacco Retail Ban January 1, 2020
Sausalito Flavored Tobacco Ban November 1, 2018
Novato Flavored Tobacco Ban
Pharmacy Tobacco Retail Ban
January 1, 2019
State and Federal Legislation
Informational Report on Flavored Tobacco
April 15, 2019
Legislation Summary Status
California
S.B. 38
A.B. 739
Prohibits retail stores and vending machines from
selling flavored tobacco products, including
nicotine cartridges.
S.B. 38
•Approved in Health Committee set for
Appropriations Committee hearing on 4/22.
A.B. 739
•Introduced but not been heard in any committee
Federal
S.B. 655
H.R. 1498
Stop Appealing Flavors in E-Cigarettes
for Kids (SAFE Kids) Act
Prohibits flavored e-cigarettes and cigars after one
year, but allows e-cigarette manufacturers one year
to prove flavors:
1.Help adults quit smoking cigarettes;
2.Do not increase youth initiation of nicotine or
tobacco products; and
3.Do not increase the risk of harm to the person
using the flavor.
S.B. 655
•Introduced in 2018 and referred to the
Committee on Health, Education, Labor, and
Pensions. No action taken.
•Re-introduced March 5th, 2019 and referred to
the Committee on Health, Education, Labor, and
Pensions.
H.R. 1498
•Introduced March 5th, 2019 and referred to the
House Committee on Energy and Commerce.
ALA State of Tobacco Control 2018-California
Informational Report on Flavored Tobacco
April 15, 2019
Tobacco Retailer Licenses (as of 12.31.18)
Informational Report on Flavored Tobacco
April 15, 2019
Business Type Total
Bakery (Retail)1
Cocktail Lounge 2
Drug Store 5
Grocery 15
Liquor Store 5
Motor Vehicle
Repair 1
Restaurant 5
Service Station 15
Take Out Food 2
Tobacco 2
Warehouse 1
Total 54
California Healthy Kids Survey-San Rafael City SD
Informational Report on Flavored Tobacco
April 15, 2019
SY15/16 to SY17/18
Current e-cigarette use:
-400% increase among 9th
grade students (3% to 12%)
-175% increase among 11th
grade students (8% to 14%)
Source: California Department of Education
SY15/16 to SY17/18
Current cigarette use:
-75% decrease among 9th
grade students (3% to 1%) &
11th grade students (6% to
2%)
E-Cigarette use for Smoking Cessation
Informational Report on Flavored Tobacco
April 15, 2019
From CDC:
•E-cigarettes are not approved by the FDA for smoking cessation, but are used more frequently than FDA -
approved smoking cessation aides by individuals trying to quit smoking.
•E-cigarettes are not safe for youth, young adults, pregnant women, or adults who do not currently use
tobacco products.
•E-cigarettes have the potential to benefit adult smokers who are not pregnant if used as a complete
substitute for regular cigarettes and other smoked tobacco products.
•Only a few studies with mixed results on the effectiveness of e-cigarettes as long-term smoking cessation
tool.
Potential Amendments to SRMC 8.15
Informational Report on Flavored Tobacco
April 15, 2019
Changes required for a Flavored Tobacco Ban include:
Update Section 8.15.005-Definitions.
•Add definition for “Characterizing Flavor”
•Expanding the definition of “Tobacco Product” to include products from both tobacco leaf and
nicotine.
New Section 8.15.110-Prohibition Against Sale or Offer for Sale of Flavored Tobacco Products.
•A new section to Chapter 8.15 will be required specifically outlining the ban on sale or offer for sale
of Flavored Tobacco Products.
Changes required for a Flavored Tobacco Ban include:
Update Section 8.15.005-Definitions.
•Add Definition for “Pharmacy”
New Section 8.15.110-Prohibition Against Tobacco Products Sales at Pharmacies.
•A new section to Chapter 8.15 will be required specifically outlining the ban on sale of Tobacco
Products at Pharmacies.
Council Options
Informational Report on Flavored Tobacco
April 15, 2019
Recommended Action:Accept report regarding draft ordinance and
provide direction to staff.
Options
1.Direct staff to return with draft ordinance as written.
2.Direct staff to return with draft ordinance with modifications.
3.Direct staff to return with more information.
4.Take no action.