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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.