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File #: 15-5917   
Type: Staff Briefing - Without Ordinance
In control: Neighborhoods and Livability Committee
On agenda: 11/16/2015
Posting Language: Briefing and possible action on a request to amend Chapter 36, Smoking Ordinance, of the City Code of San Antonio, Texas to restrict the sale and possession of e-cigarettes to anyone under the age of 18. [Erik Walsh, Deputy City Manager; Vincent R. Nathan, PhD, MPH, Interim Director, Health]
Indexes: F&E, Smoking Ordiance
Attachments: 1. CCR-Banning Sale and Possession of Electronic Cigarettes to Persons Under 18
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DEPARTMENT: Health


DEPARTMENT HEAD: Vincent Nathan, PhD, MPH


COUNCIL DISTRICTS IMPACTED: City Wide


SUBJECT:

Proposed Changes to City Code Chapter 36, "Smoking"


SUMMARY:

On June 26, 2014, Councilman Cris Medina submitted a Council Consideration Request (CCR) asking City staff to review adding restrictions to the sale and possession of electronic cigarettes (e-cigarettes), nicotine cartridges, nicotine infused liquids, and their implements to anyone under the age of 18 to the City Code, in addition to penalties for the sale of traditional tobacco products to minors. During the 84th Legislative Session, the Texas Legislature passed, and the Governor signed into law, Senate Bill 97 which prohibited the possession and sale of e-cigarettes to anyone less than 18 years of age.


BACKGROUND INFORMATION:

At the request of the CCR submitted by Councilman Cris Medina, Metro Health provided a briefing to the Governance Committee on April 15, 2015 to discuss the issue of restricting the sale and possession of e-cigarettes to persons under the age of 18. At that time, Metro Health recommended to place the item on hold pending the outcome of Senate Bill 97 which was introduced during the most recent Legislative Session and addressed the issue raised in the CCR.

On May 28, 2015, Governor Greg Abbot signed Senate Bill 97 which banned the sale and possession of e-cigarettes to persons under the age of 18 and provided for penalties for the sale of e-cigarettes to minors. In addition to the restrictions imposed by the new law, recently the Food and Drug Administration (FDA) forwarded their proposed rule, which would add several additional tobacco products under their authority to regulate, to the White House Office of Management and Budget (OMB) for review. Currently, only e-cigarettes that are marketed for therapeutic purposes are regulated by the FDA.


ISSUE:

Based on the recent passage of Senate Bill 97 which effectively banned...

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