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6.c Washington County comments on proposed tobacco ordinanceRECEIVED MAY 17 2019 Council Members, QTY OF SCANDIA Please include the following comments as a part of the public record in the public hearing on your proposed Ordinance to regulate the possession, sale, and consumption of tobacco products within the City of Scandia. The Washington County Board of Commissioners has not established a formal policy position related to the topic of tobacco sales. Its past practice has been to support efforts to prevent the use of tobacco products by youth. The County is an active member in the Minnesota Inter -County Association, the Association of Minnesota Counties and one of its affiliate organizations, and the Local Public Health Association (LPHA). Each of these organizations support legislative and policy initiatives to reduce youth access to tobacco and nicotine and other prevention strategies to reduce tobacco's impact on public health. The proliferation of e -cigarette use, or vaping, and the potential for increasing nicotine addiction especially among youth is alarming. The Minnesota Department of Health recommends preventing youth access to e -cigarettes and all tobacco products. Licensing and other regulations related to tobacco, tobacco products, nicotine or other tobacco related devices play a critical role in prevention strategies. I commend you on your progressive stance to limit the sale of tobacco products to those of and over the age of 21. By increasing the age eligibility, you will protect not only those age 18-20 but also those students in schools ages 12-17 who presumably have closer contact with 18 years olds in high school. I would like to draw specific attention to Section 10: B, C, and D which are specific to possession, use and procurement by minors and Section 13: C(3) which addresses Administrative Penalties. Public health agencies generally discourage the use of possession, use, and purchase (PUP) laws as they are unlikely to significantly reduce youth smoking. The Public Health Law Center (at Mitchell Hamline School of Law) and other organizations in our state including the Minnesota Department of Health, Clear Way, and the American Lung Association, do not recommend regulatory ordinances that penalize people under the age of 21 for the attempted or actual purchase or possession of tobacco. PUP penalties may undermine other conventional, more -effective avenues of youth discipline, divert attention from other effective tobacco control strategies, and relieve the tobacco industry of responsibility for its marketing practices. Therefore it is recommend that all PUP language be removed from local ordinances. If a community finds it desirable to include some aspect of PUP content a phrase with an alternative action such as, "Individuals under the age of 21 who unlawfully purchase or attempt to purchase tobacco products may be subject to completing tobacco -related education classes, diversion programs, or community service programs" is considered a better approach. Your ordinance already includes similar language. Should you decide to retain some aspect of PUP — I would recommend this language. For more information on PUP language see the Public Health Law Center's Tobacco 21 Sample Ordinance which can be found on their website: lift )s: ublictiealthlawceiitei-.or sites default files resources hic-Tobacco-21-Ordinance-2016. df. I hope you will consider these comments as your develop your Ordinance. Please feel free to reach out to our Department if we might assist you in any way. Lowell Johnson I Director Washington County Public Health and Environment 14949 62nd Street North, Stillwater, MN 55082 651-430-6725