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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, "E-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 B1ueCross B1ueShield 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 Definitions.
<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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