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The presence of flavors such as menthol in tobacco products can make it more difficult for
<br /> youth, young adults, and adult tobacco users to quit.
<br /> This ordinance is intended to regulate the sale of tobacco, tobacco-related devices, electronic
<br /> delivery devices, and nicotine or lobelia delivery products to protect the public, especially youth
<br /> and young adults, and to further the official public policy of the state in regard to preventing
<br /> young people from starting to smoke as stated in Minn. Stat. § 144.391, as it may be amended
<br /> from time to time.
<br /> In making these findings, the City Council accepts the conclusions and recommendations of the
<br /> U.S. Surgeon General reports, "B-cigarette Use Among Youth and Young Adults" (2016), "The
<br /> Health Consequences of Smoking-50 Years of Progress"(2014)and"Preventing Tobacco Use
<br /> Among Youth and Young Adults" (2012); a BlueCross BlueShield of Minnesota report, "Health
<br /> Care Costs and Smoking in Minnesota: The Bottom Line" (2017); the Institute of Medicine in
<br /> their study, "Public Health Implications of Raising the Minimum Age of Legal Access to
<br /> Tobacco Products"(2015); the Centers for Disease Control and Prevention in their studies,
<br /> "Tobacco Use Among Middle and High School Students—United States, 2011—2015,"and
<br /> "Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students,
<br /> United States, 1997"; and of the following scholars in these scientific journals: Xin Xu et al.,
<br /> Annual Healthcare Spending Attributable to Cigarette Smoking: An Update,Am. J. Prev. Med.
<br /> 48(3): 326-33 (Mar. 2015); Giovino GA, "Epidemiology of Tobacco Use in the United States,"
<br /> Oncogene (2002) 21, 7326-40; Khuder SA, et al., "Age at Smoking Onset and its Effect on
<br /> Smoking Cessation,"Addictive Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et
<br /> al., "Age at Starting Smoking and Number of Cigarettes Smoked,"Annals of Epidemiology
<br /> 4(6):455- 59,November 1994; Chen, J &Millar, WJ, "Age of Smoking Initiation: Implications
<br /> for Quitting,"Health Reports 9(4):39-46, Spring 1998; and Everett SA, et al., "Initiation of
<br /> Cigarette Smoking and
<br /> Subsequent Smoking Behavior Among U.S. High School Students,"Preventive Medicine,
<br /> 29(5):327- 33, November 1999; copies of which are adopted by reference.
<br /> (amd. 3/25/19)
<br /> 350.02 Defmitions.
<br /> Except as may otherwise be provided or clearly implied by context, all terms shall be given
<br /> their commonly accepted definitions. For the purpose of this section, the following definitions
<br /> shall apply unless the context clearly indicates or requires a different meaning. The term "shall"
<br /> means mandatory and the term "may" means permissive. The following terms shall have the
<br /> definitions given to them:
<br /> • Child-Resistant Packaging. Packaging that meets the definition set forth in Code of Federal
<br /> Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in
<br /> accordance with the method described in Code of Federal Regulations,title 16, section 1700.20,
<br /> as in effect on January 1, 2015.
<br /> • Compliance Checks. A system used to investigate and ensure that those authorized to sell
<br /> licensed products are following and complying with the requirements of this ordinance.
<br /> Compliance checks shall involve the use of persons under the age of 21 as authorized by this
<br /> ordinance. Compliance checks shall also mean the use of persons under the age of 21 who
<br /> attempt to purchase licensed products for educational,research, and training purposes as
<br /> authorized by state and federal laws. Compliance checks may also be conducted by other units of
<br /> government for the purpose of enforcing appropriate federal, state, or local laws and regulations
<br /> relating to licensed products.
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