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HomeMy Public PortalAbout2022-07-12 Item 11 Prohibit Sale of Flavored Tobacco Products Staff ReportCITY COUNCIL AGENDA REPORT 1r 1 0 CITY OF MILLBRAE 621 Magnolia Avenue Millbrae, CA 94030 SUBJECT: Informational Update Report on Status of the Preparation of an Ordinance to Prohibit the Sale of Flavored Tobacco Products. ATTACHMENTS: Report No. 6999 Agenda Item: 11 For Agenda of: July 12, 2022 Department: Administration Originator: Isabel Carlos, Interim Director of Human Resoyrc^s /^/ Approved:^'^^Finance Review:Budget Action Yes:No:x REPORT TYPE: ACTION INFORMATIONAL X ITEM TYPE: CONSENT PUBLIC HEAMNG _EXISTING BUSINESS NEWBUSINESS X RECOMMENDATION: Receive a Status Report on the Preparation of an Ordinance of the City of Millbrae to Prohibit the Sale of Flavored Tobacco Products. BACKGROUND: Sustained efforts across all levels of government to carry out proven tobacco control policies and strategies, including banning the sale of flavored tobacco products, are necessary to prevent all forms of tobacco and nicotine addiction. Studies show that tobacco products, including flavored tobacco disproportionately affect minority groups including communities of color, people with low socioeconomic status, people with mental disabilities, and LGBTQ+ communities. Given the large usage of flavored tobacco products among youth and minorities, comprehensive tobacco control and prevention strategies are critical to equitable public health and safety. Individual members of the City Council of the City of Millbrae ("City") have voiced concern for this public health issue and have expressed their desire to enact local policies that would prohibit the sale of flavored tobacco in their governing jurisdiction. Prohibiting the sale of flavored tobacco products will save lives, help reduce unjust disparities in tobacco use, and will prevent young people from becoming addicted to nicotine. ANALYSIS: Federal law bans the manufacture of cigarettes with characterizing flavors, other than the flavor of menthol and tobacco. Federal law does not ban the manufacture of menthol cigarettes or flavored tobacco products other than cigarettes. Senate Bill No. 793 Hill (SB 793), approved by the Governor on August 28, 2020, enacted a prohibition of flavored tobacco products. Existing Page 1 of 2 18694972.4 law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. SB 793 prohibits a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. By its own terms, SB 793 does not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill. The California Flavored Tobacco Products Ban Referendum, which is on the ballot in California as Proposition 31 on November 8, 2022, would overturn Senate Bill 793. However, it would not affect locally enacted measures banning flavored tobacco products. On June 19, 2018, the San Mateo County Board Supervisors ("Board") approved an ordinance to restrict, in unincorporated areas of the County, the sale of tobacco products in pharmacies and flavored tobacco products. The ordinance took effect in July 2018, with enforcement starting January 1, 2019. On July 1, 2022, the County of San Mateo ("County") notified stakeholders of the County's intent to place an item on the July 12, 2022 agenda for consideration by Board of Supervisors to consider updating the Tobacco Retailer Permit Ordinance to include several amendments. These include new definitions for "Tobacco Product" and "Electronic Smoking Device", restrictions for new tobacco retailers within 1,000 feet of youth-populated areas, restrictions for new tobacco retailers within 500 feet of another tobacco retailers, and increased fines for violations of the Ordinance. The aforementioned County Ordinance was scheduled to be heard by the Board on July 12, 2022 but was thereafter postponed and awaiting a new date. The City currently participates in the County of San Mateo's Tobacco Retailer Permit Program. In communications with County Staff, they conveyed that the proposed Ordinance amendments would require the City to adopt a policy to mirror the County's Ordinance or to enact by reference the inclusion and enforcement of the County policy, should the City wish to continue its participation under the Retailer Permit Program. Staff recommends that the City Council direct staff to continue following the activities and actions of the County and bring back a future Ordinance that mirrors the County Ordinance after it is heard and adopted by the Board. This will ensure both efficiency in administrative enforcement and that the County maintain enforcement responsibilities. Should the City Council desire to provide specific direction on this issue, staff requests such direction, and staff will return with the appropriate documents. FISCAL IMPACT: No fiscal impact is associated with this item. REQUESTED COUNCIL ACTION: To Receive an Informational Update Report on Status of the Preparation of an Ordinance to Prohibit the Sale of Flavored Tobacco Products. Page 2 of 2 18694972.4