Item 39 - Ordinance Prohibiting the Sale of Flavored Tobacco Products

Home Browse Search

Ordinance No. NS - ____ Page 3 of 7 WHEREAS, the staff report for this ordinance dated December 21, 2021, shall be incorporated herein by this reference, and together with this ordinance, any amendments or supplements, and oral testimony, shall constitute the necessary findings for this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The recitals and statements of fact set forth in the Recitals to this ordinance are true and correct, constitute a substantive part of this ordinance, and a re incorporated herein by this reference and adopted by the City Council. Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled “Tobacco Retail License” of Chapter 18 of the Santa Ana Municipal Code are hereby amended to read in their entirety as follows (new language is underlined and deleted language is stricken): Sec. 18-90. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the Santa Ana Police Department. (b) “Characterizing flavor” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary consumer either prior to, or during 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. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as descri bed in the first sentence of this definition, that constitutes characterizing flavor. (b)(c) "Chief" means the Chief of Police or designee. (d) “Flavored tobacco product” means any tobacco product that imparts a characterizing flavor. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.