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Home My WebLink AboutCM Flavored Tobacco Product Ban Ordinance PPTFlavored Tobacco Ban Ordinance May 20, 2019 San Rafael City Council April 15th City Council Meeting City Council directed Staff to return with the following: •Consider modifications to the presented draft ordinance to include language providing exemptions for businesses that are primarily tobacco retailers and do not permit individuals under twenty-one (21) years of age on their premises; •Provide additional data on analyzing the effectiveness of flavored tobacco bans and methods for youth access to flavored tobacco. Flavored Tobacco Ban Ordinance May 20, 2019 Legislation Update Legislation Summary Status California S.B. 38 A.B. 739 Prohibits retail stores and vending machines from selling flavored tobacco products, including nicotine cartridges. Amended to exempt: •Tobacco Products with patent before Jan 1. 2000 and is not a menthol flavored product, •Tobacco products for “non-electric hookah” S.B. 38 •Awaiting Senate Floor vote on amended bill A.B. 739 •If SB38 passes Senate, amended bill would go through Assembly Committee process. 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. Flavored Tobacco Ban Ordinance May 20, 2019 Marin County Grand Jury Report Flavored Tobacco Ban Ordinance May 20, 2019 Vaping: An Under-the-Radar Epidemic Released May 16th, 2019 Recommend a Four-Pronged Approach to address youth tobacco use: •Limit the availability of flavored tobacco, •Education students, teachers, and parents, •Enforce the new tobacco sales ban, and •Support students already addicted to nicotine. Effectiveness of Flavored Tobacco Ban Flavored Tobacco Ban Ordinance May 20, 2019 Flavored Tobacco Product Use among Youth and Young Adults: What if Flavors Didn’t Exist? •University of Texas School of Public Health •Analyzed two surveys of 2,483 youth and 4,326 young adults answering e-cigarette related questions Findings: •Restricting flavors in tobacco products would not eradicate e-cigarette or other tobacco use among young people, •Potential for substantial reductions in the prevalence of young peoples’ e- cigarette and other tobacco use seems high if flavors were removed. Influence of Flavored Cigarette Ban on Adolescent Tobacco Use •National Institute of Health •Analyzed impact of 2009 nationwide ban on flavored cigarettes and youth tobacco use from data from National Youth Tobacco Survey from 1999-2013. Findings: •While the 2009 flavored cigarette ban did reduce youth tobacco use, •The level of the decrease in youth tobacco use was likely hampered due to the availability of menthol cigarettes and other flavored tobacco products. Youth Access to Flavored Tobacco Flavored Tobacco Ban Ordinance May 20, 2019 How Do Adolescents Get Their E-Cigarettes and Other Electronic Vaping Devices? •78.2% of youth own a vaping device; •72.8% had used someone else’s device in last 30 days Common Sources: •31.1% purchased from store or online, •16.3% buy from another person, •15% gave someone money to purchase for them. FDA Undercover Enforcement during Summer 2018 •More than 1,300 warning letters and civil money penalty complaints to retailers illegally selling flavored tobacco to minors •Results indicate that age restrictions alone on flavored tobacco products do not act as a significant deterrent to access of these products. Amendments to SRMC 8.15 Changes required for a Flavored Tobacco Ban include: Update Section 8.15.005-Definitions. •Add several new definitions pertaining to flavored tobacco products •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 Pharmacy Ban on Tobacco Sales 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. Flavored Tobacco Ban Ordinance May 20, 2019 Exemption of Certain Businesses-Section 8.15.110(C) Exemption from Flavored Tobacco Ban for businesses meeting all of the following criteria: 1.Does not permit anyone under 21 years of age to be present on or enter the premises at any time; 2.Verify the age of all persons upon entry to the premises; and 3.Generate more that 50% of gross receipts annually from the sale of tobacco products and paraphernalia. Flavored Tobacco Ban Ordinance May 20, 2019 Effective Date Proposed ordinance includes an effective date six months after the ordinance enacted. Purpose of delay: •Allow retailers seeking exemption to make any changes necessary to be in compliance; •Allow retailers not-seeking exemption to sell existing inventory. Flavored Tobacco Ban Ordinance May 20, 2019 Fiscal Impact-Enforcement No additional cost to City for increased enforcement Enforcement conducted as part of MOU with Marin County Sheriff’s Department Funds for enforcement provided through county general fund monies Flavored Tobacco Ban Ordinance May 20, 2019 Fiscal Impact-Economic Burden The Cost of Smoking in California, 2009 $139 million estimate for economic burden associated with smoking in Marin County •$551 per resident •$4,814 per smoker Note: Report is not adjusted for inflation or increases in health care costs since 2009 Flavored Tobacco Ban Ordinance May 20, 2019 Fiscal Impact-Tax Revenue Reduction California Department of Tax and Fee Administration-SB38 Analysis Estimated tax revenue loss (FY2020-2021) •$237 million in excise taxes statewide •$54.5 million in sales taxes statewide San Rafael Staff Estimated Tax Revenue Loss: $25,000 (with exemption) to $100,000 (without exemption) Limitations with Analysis: •Flavored tobacco users may switch from affected retailers to exempted retailers or out-of-town retailers; •Existing flavored tobacco users may replace flavored tobacco consumption with non-flavored products; •Reduction in tobacco use would like lead to corresponding reduction in economic burden associated with lower health care costs. Flavored Tobacco Ban Ordinance May 20, 2019 Council Options Recommended Action:Conduct a public hearing and pass the ordinance to print Options 1.Adopt ordinance as written. 2.Adopt ordinance with modifications. 3.Direct staff to return with more information. 4.Take no action. Flavored Tobacco Ban Ordinance May 20, 2019 Dr. Matt Willis County of Marin Public Health Officer Flavored Tobacco Ban Ordinance May 20, 2019