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Ordinance Prohibiting the Sale of Flavored Tobacco Products
<br />December 21, 2021
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<br />The Tobacco Retail License ordinance does not address the topic of flavored tobacco
<br />products.
<br />Flavored Tobacco
<br />Flavored tobacco means any tobacco product with added flavorings. This can mean
<br />tobacco products that contain a taste or smell, other than the taste or smell of tobacco,
<br />that is distinguishable by an ordinary consumer either prior to, or during the consumption
<br />of, a tobacco product, including, but not limited to, any taste or smell relating to fruit,
<br />menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy,
<br />dessert, alcoholic beverage, herb, or spice. Tobacco products may be flavored to mask
<br />the taste or odor of tobacco smoke, enhance tobacco flavor, or decrease the social stigma
<br />associated with smoking.
<br />Tobacco Products
<br />There is a wide array of tobacco products. In addition to substances that are made or
<br />derived of tobacco (such as cigarettes, cigars, pipe tobacco, hookah tobacco, snuff,
<br />chewing tobacco, dipping tobacco, and bidis), tobacco products may also consist of
<br />electronic smoking devices, any substances that may be aerosolized or vaporized by
<br />such devices, and any component of substances made of tobacco or electronic smoking
<br />devices (such as filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and
<br />pipes).
<br />Tobacco Retailer Licenses; Enforcement
<br />Santa Ana businesses that sell tobacco must obtain a Tobacco Retailer License, which
<br />is issued by the Santa Ana Police Department (SAPD). As such, SAPD is responsible for
<br />the administration, oversight, and enforcement of said Tobacco Retailer Licenses. There
<br />are 261 active tobacco retailer licenses. Within the permitting process, SAPD personnel
<br />verifies with the California Department of Tax and Fee Administration (CDTFA) that each
<br />business’ retail license is valid and correct on an annual basis. Once the information is
<br />verified and payment is received, a permit is issued. To enforce the issuance of Tobacco
<br />Retailer Licenses, SAPD conducts weekly enforcement operations that target the illegal
<br />use, sales, and distribution of tobacco-related products. In 2021 (YTD), SAPD personnel
<br />conducted 25 operations, which netted 91 citations for tobacco-related infractions.
<br />U.S. Surgeon General Declares Tobacco Use as a Public Health Priority
<br />According to the U.S. Centers for Disease Control and Prevention (CDC), tobacco use is
<br />the leading cause of preventable death in the United States and worldwide. More than 16
<br />million U.S. residents are living with a disease caused by smoking. Worldwide, tobacco
<br />use causes more than 7 million deaths per year. A 2016 report by the U.S. Surgeon
<br />General entitled E-Cigarette Use Among Youth and Young Adults: A Report of the
<br />Surgeon General. - PDF finds that while nicotine is a highly addictive drug at any age,
<br />youth and young adults are uniquely vulnerable to the long-term consequences of
<br />exposing the brain to nicotine. The report also finds that secondhand aerosol exhaled into
<br />the air by e-cigarette users can expose others to potentially harmful chemicals. In 2018,
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