Item 27 - Flavored Tobacco - Laserfiche WebLink

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Flavored Tobacco March 1, 2022 Page 2 2 4 7 7 The item was considered at the December 21, 2021 City Council meeting. The City Council gave direction to staff to come back with revised options including the following: An ordinance banning flavored tobacco products including a choice of definitions of “tobacco product” that included the SB 793 definition and the American Lung Association definition; An ordinance banning flavored tobacco products including a choice of definitions of “tobacco product” that included the SB 793 definition and the Public Health Law Center and American Lung Association California definition. This ordinance would contain an exemption for hookah products; and Look into enforcement and/or security options already utilized by the City for cannabis businesses that may be able to be applied to tobacco retailers. Background On November 20, 2006, the City Council enacted Ordinance No. NS-2729 (“Tobacco Retail License ordinance”), amending Chapter 18, Article III of the Santa Ana Municipal Code to establish a permitting process for tobacco retail sales and to regulate their issuance. Below are some of the core elements of the Tobacco Retail License ordinance: 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. As currently written, the Tobacco Retail License ordinance does not address the topic of flavored tobacco products. 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. Tobacco Products There is a wide array of tobacco products. In addition to substances that are made or derived of tobacco (such as cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, and bidis), tobacco products may also consist of electronic smoking devices, any substances that may be aerosolized or vaporized by