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CITY OF OKEECHOBEE (863) 763-3372 Ext. 9812 FAX (863) 763-1686 EMAIL: rbrock@cityofokeechobee.com CITY COUNCIL AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOR 55 SE 3PDAVENUE, Room 201 OKEECHOBEE, FLORIDA 34974 ATTN: Robin Brock, Executive Assistant NAME: _ ADDRESS: (1—, 10b aCCo .Free VCLj neK hi49 . j) TELEPHONE: alp 3. 961, 9d Il Email: Grn p y &t C & 1,UWOC.: (.Orn MEETING: REGULAR it SPECIAL ❑ WORKSHOP ❑ DATE: A arch I1,— '?0"'n Please state the item you wish to have place on the agenda: %QC c R i L C- c eos n a betau Free ChAleKhi o Ok eco -hobs e T Please state what department(s) you have worked with: Please state desired action by the City Council: TU%i5 P -n Please summarize pertinent information concerning your request and attach applicable documents: (hed dil ©deryl�to on Nba(« recti( h(tn(lhl CLnd n F`"l a- A- to �h+t Agty TO lxtcto 2I lav &IhZ [I -a t'm tela 4 t LU Sl -lens 00', 0- 4-kww) - If a presentation is to be made, please limit the time to ten minutes unless otherwise approved by the Mayor. SIGNED BY:�9MAI In DATE: '� I zl a O'gb TOBACCO RETAIL LICENSING Responsible businesses. A healthier future for kids. No matter where you are, you're likely to find a tobacco retailer nearby—even near schools. Tobacco products are sold in an array of businesses, including convenience stores, gas stations, pharmacies, and supermarkets. While retailers must abide by state regulations, these regulations are minimal and are not heavily enforced. This lack of enforcement is concerning for many reasons, most significantly the ability for minors to purchase addictive tobacco products. In Okeechobee County, 1 in 3 youth have used tobacco. To protect youth and improve public health, local governments are turning to tobacco retail licensing as a means to directly control the sale of tobacco products in their community, What is tobacco retail licensing (TRL)? With a local tobacco retail licensing law, the city or county government requires all businesses that sell tobacco products to obtain a license from the government in exchange for the privilege of selling these products. On an annual basis, retailers must fill out an application, pay a pre -determined fee, and meet any other requirements outlined in the ordinance. This fee allows for the retail licensing program to be self -financed, so all activity necessary to implement, administer, and maintain the licenses is fully funded by the money collected. How can tobacco retail licensing benefit the community? A tobacco retail licensing policy not only ensures businesses comply with responsible retailing practices, but it provides local governments greater oversight over tobacco -related activity in their own community. They can oversee 1) who can sell tobacco products, 2) what types of tobacco products can be sold, and 3) the penalty structure for illegally selling to minors or for being noncompliant with other tobacco -related policies. Tobacco retail licensing has also been used to promote other innovative policy solutions, such as limiting the density of retailers per city square mile, banning establishments in close proximity to schools, and imposing additional restrictions on the sale and promotion of certain types of tobacco products that are particularly attractive to kids. What about electronic cigarettes? In Florida, the sale of e -cigarettes to minors has been prohibited since 2014. Beyond this law, e -cigarette sales are unregulated. Though 1 in 4 youth in Okeechobee County have used e -cigarettes, there are no restrictions on who can sell them or where they can be sold. Local cities and counties throughout the nation have taken steps to ensure that e -cigarettes are regulated and monitored in their communities by including e -cigarettes in the definition of a tobacco product when establishing a local tobacco retail licensing ordinance. By incorporating e -cigarettes into the policy, retailers selling e -cigarettes must abide by the same requirements and penalty structure as those selling other tobacco products. Tobacco retail licensing in Okeechobee County Okeechobee County does not yet have a tobacco retail licensing ordinance. The Tobacco Free Partnership of Okeechobee is actively discussing the ways such an ordinance could benefit our community. For more information about tobacco retail licensing or if you would like to collaborate on this initiative, please contact Tobacco Free Okeechobee program manager, Courtney Moyett at (863)801-8277 or cmovett@quitdoc.com More information about Tobacco Free Okeechobee is found by visiting: www.tfp-okeechobee.org Acknowledgement: This document was adapted from the Placer County, CA Tobacco Prevention Program. B een twenty-one FEDERAL TOBACCO 21: THE LAW OF LAND In December 2019, Congress passed a $1.37 trillion spending bill that included a provision to raise the minimum legal sales age for all tobacco products from 18 to 21 nationwide. The age change became effective immediately, according to the Food and Drug Administration (FDA). Fast Facts: • Effective immediately, it is now illegal to sell tobacco products to anyone under the age 21. • FDA will continue to enforce the minimum legal sales age. The law does not increase fines/penalties for violations. • Federal funds are meant to "supplement" state -funded tobacco control efforts not "supplant" state funding to that effect. • No exemptions or phase in were included, including no military exemption or grandfathering in of age groups. • The law does not preempt states or localities from passing their own age restriction laws. • The federal law does not place any penalties for youth who are caught attempting to purchase, purchasing, or using tobacco products. However, state and local laws often place a penalty on youth for such activity. • Flavored e -cigarettes were NOT banned through this law; however, as of January 2, 2020 the FDA issued guidance on unauthorized flavored cartridge -based e -cigarettes that appeal to children, available here: https://www.fda.gov/media/133880/download To assist with understanding the new Federal Tobacco 21 law, Preventing Tobacco Addiction Foundation/Tobacco 21.org prepared the following Q&A: 1. What was the Tobacco 21 landscape prior to the Federal Legislation? Over 540 local jurisdictions and 19 states had passed a Tobacco 21 law. 2. Where can I find the Federal Tobacco 21 Legislation? The bill is available here and the Tobacco 21 provisions begin on page 1492: https://docs.house.aov/bi llsthisweek/20191216/BILLS-116H R1865SA-RCP116-44.PDF Disclaimer: The information presented is not legal representation or advice, is not to be acted on as such, may not be current and is subject to change. This information is for educational purposes only. If you require legal advice or a legal opinion, we encourage you to consult with legal counsel 3. What does the Federal Tobacco 21 bill do? 0 Amends the Federal, Drug, and Cosmetic Act 906(d) to include anew subsection, 906(d)(5), which states: "Minimum Age of Sale It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age." Note: This amendment makes it clear that the retailer is responsible, rather than the sales clerk or youth purchaser. 0 Amends Federal, Drug and Cosmetic Act 906(d)(3)(ii) to restrict the FDA from establishing a minimum legal sales age above age 21. 0 FDA will continue to enforce the minimum legal sales age. The law does not increase fines/penalties for violations. 0 Amends the Public Health Services Act Sec. 1926 (42 U.S.C. 300x-26) (the Synar Amendment) with respect to grant monies, enforcement, implementation, and compliance rates (discussed more in depth in Question 9). 0 Enables the Secretary of Health and Human Services to promulgate regulations for tobacco product sales to increase the minimum age of sales from 18 to 21 and update the ID verification age from 27 to 30. 0 Federal funds are meant to "supplement" state -funded tobacco control efforts not "supplant" state funding to that effect. 0 Health and Human Services will provide technical assistance to the states. 0 No exemptions or phase in were included, including no military exemption or grandfathering in of age groups. 0 The law does not preempt states or localities from passing their own age restriction laws. 0 Congress appropriated $18.5 million in grant money available to support states in their transition, with a sunset period until September, 2024. NOTE: This summary does not include every change to current law based on the Tobacco 21 provisions of the spending bill but rather serves as an overview. The bill language, in full, can be found in the link in Answer 2 (above). 4. When is Federal Tobacco 21 effective? The age change became effective immediately, according to the Food and Drug Administration: "On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product — including cigarettes, cigars and e -cigarettes — to anyone under 21. FDA will provide additional details on this issue as they become available." 2 Disclaimer: The information presented is not legal representation or advice, is not to be acted on as such, may not be current and is subject to change. This information is for educational purposes only. If you require legal advice or a legal opinion, we encourage you to consult with legal counsel Retailers can visit the FDA website for guidance: https://www.fda.gov/tobacco-products/compliance-enforcement-training/retail-sales-tobacco- products NOTE: The legislation enables the Secretary of Health and Human Services to promulgate rules to carry out the new law no later than 180 days after the date of enactment of the Act. The Secretary is required to publish the final rule to update the regulations under Chapter 9 of the Federal Food, Drug, and Cosmetic Act to carry out the amendments, to update all references to persons under 18, and to update the relevant age verification requirements to require age verification for individuals under the age of 30. This final rule will take effect no later than 90 days after the date on which the final rule is published. 5. What is 'Synar' and how does the Federal bill amend Synar? The original Synar Amendment, named for the Oklahoma Senator who introduced the amendment, required, among other things, states to adopt state laws setting the tobacco sale age at 18 in order to receive their Substance Abuse Prevention and Treatment Block (SAPTB) grant money. However, that part of the Synar amendment was repealed in the new legislation, and states are not required to pass their own laws to update their tobacco sales age to 21. States will still need to demonstrate compliance with the federal age of 21 as a condition of the grant. Specifically, under 42 U.S.C. 300x-26, a funding agreement for the SAPTB under Section 1921 requires the states involved to (1) annually conduct random, unannounced inspections to ensure that retailers do not sell tobacco products to individuals under the age of 21, and (2) report such findings to the federal government annually. If states do not demonstrate a compliance rate determined by the Secretary, they risk losing up to 10% of their SAPTB monies. The new law grants a 3 -year grace period following enactment to come into compliance with the reporting and enforcement requirements before the Secretary may withhold any funds, with a further 2 -year period for Secretary to exercise discretion in enforcement. 6. Does the Federal Tobacco 21 law include a Military Exemption? No. The Federal Tobacco 21 law does not exempt anyone from the age requirement. It is now illegal for retailers to sell tobacco product to anyone under the age of 21. 7. What does this mean for states and localities that have a military exemption in their Tobacco 21 laws? Does this Federal law overturn all military exemptions that are currently in effect? The Federal Tobacco 21 law does not exempt anyone or group from the age restriction requirements. that exempt members of the military from their Tobacco 21 laws are in violation of federal law. In other words, because the federal law does not have a military exemption all such sales to persons under 21, regardless of military status, are illegal. Disclaimer: The information presented is not legal representation or advice, is not to be acted on as such, may not be current and is subject to change. This information is for educational purposes only. If you require legal advice or a legal opinion, we encourage you to consult with legal counsel 8. Can a law exempting the military from the new age of sale of 21 be enacted before this law starts to be enforced? No. The federal law became effective when it was signed by President Trump. The law does not have a military exemption. Therefore, sales to any persons under the age of 21, including military personnel, are illegal. States cannot authorize something that is illegal under federal law. 9. Does the Federal Tobacco 21 law include a phase-in period? No. Per the FDA website, the law is effective immediately and it is illegal for a retailer to sell tobacco products to persons under the age of 21. 10. Is there more to be done? Should my state/city continue to pass Tobacco 21 laws independently? Yes, absolutely! In many states and localities, outdated and uninformed youth access laws remain on the books. Many of these laws were written and lobbied for by the tobacco industry. These antiquated laws consistently place penalties on kids rather than the retailer who profits from sales, and lack real enforcement mechanisms or penalties that deter bad behaviors. Even with a Federal Tobacco 21 law, there is much work that needs to be done around age restriction laws at a state and local level. The federal Tobacco 21 law does not preempt states and localities from adopting their own Tobacco 21 laws. In fact, changes to the Synar Amendment require states, as a condition of their grant funding, to demonstrate compliance with the federal age of 21. Specifically, under 42 U.S.C. 300x-26, a funding agreement for the SAPTB under Section 1921 requires the states involved to (1) annually conduct random, unannounced inspections to ensure that retailers do not sell tobacco products to individuals under the age of 21, and (2) report such findings to the federal government annually. If states do not demonstrate a compliance rate determined by the Secretary, they risk losing up to 10% of their SAPTB monies. Therefore, the federal law inherently encourages state and local action. Moreover, state and local enforcement will help improve the effectiveness of a Tobacco 21 law. States and localities should continue passing policies at the local and state level to make their age restriction laws align with federal law. Effective sales regulations also include requiring a tobacco retail license, mandating a minimum number of compliance checks, and updating their penalty structure to incentivize compliance. Again, states and cities are not preempted from passing or enforcing their own Tobacco 21 laws. Therefore, in locations that already have Tobacco 21, we recommend continued enforcement. In locations that do not have a Tobacco 21 taw, we recommend updating laws and enforcing the new age. 4 Disclaimer: The information presented is not legal representation or advice, is not to be acted on as such, may not be current and is subject to change. This information is for educational purposes only. If you require legal advice or a legal opinion, we encourage you to consult with legal counsel 11. What are the penalties for youth who are caught trying to purchase or those who are using tobacco products? The federal law does not place any penalties for youth who are caught attempting to purchase, purchasing, or using tobacco products. However, state and local laws often place a penalty on youth for such activity. We recommend you monitor your local and state laws for these provisions. If your jurisdiction does place a penalty on the youth for purchase, use, or possession of tobacco products, we recommend that the jurisdiction update its laws to align with federal standards that place the penalties on the retailers, not the youth purchaser. 12. What are the penalties for selling to those under 21? The FDA enforces the minimum legal sales age contracting with the states or a third party to conduct compliance checks at retail locations. Maximum penalties for violating regulations issued under Section 906(d) of the Food, Drug, and Cosmetic Act, including the restrictions on the sale and distribution of covered tobacco products in 21 CFR part 1140, are set forth at Section 103(q)(2) of the Tobacco Control Act and have since been adjusted for inflation. The penalty structure is available at: https://www.fda.eov/tobacco-products/compliance-enforcement-trai niniz/ctP-com pliance-enforcement The first time a retailer with an approved training program violates the regulations issued under Section 906(d) of the FD&C Act, FDA will send the retailer a Warning Letter. The maximum civil money penalty amounts for such retailers range from $292 (for a second violation within a 12 -month period) to $11,698 (for a sixth or each subsequent violation at the same retail location within a 48 -month period)." The FDA may also pursue a No -Tobacco -Sale Order (NTSO) against retailers that have a total of five or more repeated violations of certain restrictions within 36 months. Retailers are prohibited from selling regulated tobacco products at the specified location during the period of the NTSO.''' Per guidance from the FDA, "Repeated violations" is defined to mean "at least 5 violations of particular requirements over a 36 -month period at a particular retail outlet that constitute a repeated violation." In addition, states and localities may have their own age restriction enforcement mechanism. These programs vary by state and we recommend you research your own jurisdiction to learn about your state or locality's age restriction enforcement program. 5 Disclaimer: The information presented is not legal representation or advice, is not to be acted on as such, may not be current and is subject to change. This information is for educational purposes only. If you require legal advice or a legal opinion, we encourage you to consult with legal counsel 13. Did flavored e -cigarettes become illegal with this new law? No. This legislation does not prohibit or restrict the sale of flavored products. Note: Prior to this legislation and under the authority granted by the Family Smoking Prevention and Tobacco Control Act, the FDA prohibited cigarettes from containing any "characterizing flavor," including candy, fruit, and alcohol flavors. This regulation was not impacted by the new legislation. Also, please consult your state and local laws as some jurisdictions have prohibited the sale of (or further restricted) flavored tobacco products. Postscript: Information on the January 2, 2020 FDA ban of flavored e -cigarette cartridges can be found here: https://www.fda.p,ov/news-events/press-announcements/fda-finalizes-enforcement-policy- unauthorized-flavored -ca rtridge-based-e-cigarettes-appeal-children I' The Civil Money Penalty amounts listed in this guidance reflect the amounts listed in the statute. FDA is required to update these amounts annually to reflect inflation by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. No. 101- 410, 104 Stat. 890 (1990) (codified as amended at 28 U.S.C. 2461 note 2(a)), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of the Bipartisan Budget Act of 2015, Pub. L. No. 114-74, November 2, 2015). For the most up-to-date amounts, please see 45 CFR §102.3 or the CTP website at: http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatorylnformation/ucm232109. htm i° Products, Center for Tobacco. `Tobacco Compliance & Enforcement." U.S. Food and Drug Administration, FDA, https://www.fda.gov/tobacco-products/compliance-enforcement-training/ctp-compliance-enforcement. "' Department of Health and Human Services, Food and Drug Administration Center For Tobacco Products, "Civil Money Penalties and No -Tobacco -Sale Orders for Tobacco Retailers (Revised), Guidance for Industry." Published Dec. 2016, available at https://www.fda,pov/media/80888/download, FDA understands this to mean that there is a "repeated violation" if: There are at least five violations of requirements issued under Section 906(d) of the FD&C Act at a particular outlet; Each of the five violations represents the second or subsequent violation of a particular requirement; and Each of the five violations occurs within 36 months. C.1 Disclaimer: The information presented is not legal representation or advice, is not to be acted on as such, may not be current and is subject to change. This information is for educational purposes only. If you require legal advice or a legal opinion, we encourage you to consult with legal counsel