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It should be noted that e- cigarettes are NOT regulated under the State's Minnesota Clean Indoor Act of <br />1975 or the Freedom to Breathe Act of 2007 — both of which, along with other statutory provisions, <br />provide explicit authority for local governments to impose their own regulations on tobacco - related <br />products. Nor are they regulated by the U.S. Food and Drug Administration like tobacco is, although the <br />FDA itself is suggesting that it is moving in that direction. <br />39 <br />40 In the event that the City Council desires to regulate all e- cigarettes and similar devices, Staff has <br />41 developed proposed language that would modify City Code Chapter 306. It is included in the draft <br />42 ordinance shown below in Attachment A. <br />43 POLICY OBJECTIVE <br />The Council is asked to consider the attached ordinance that includes a revised definition of tobacco <br />45 products to include all e- cigarettes and similar devices. <br />46 FINANCIAL IMPACTS <br />47 Not applicable. <br />46 STAFF RECOMMENDATION <br />49 Not applicable. <br />5o REQUESTED COUNCIL ACTION <br />r Consider an ordinance amending City Code Chapter 306 to expand the definition of tobacco products to <br />E7 ^ include all e- cigarettes and similar devices. <br />51 <br />54 <br />Prepared by: Chris Miller, Finance Director <br />Attachments: A: Proposed Ordinance to amend City Code Chapter 306 <br />B: Current City Code Chapter 306 <br />55 <br />Page 2 of 2 <br />