_BcAgenda Item No:Bc.
City Commission Agenda Item Report
Meeting Date: June 19, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: ADD-ON ITEM(S)
Subject:
A Resolution of the Mayor and City Commission for the City of South Miami to encourage the Miami-Dade
County Board of County Commissioners to ban County-wide the sale of flavored tobacco products.
3/5 (Commissioner Welsh)
Suggested Action:
Attachments:
Reso re ban on flavored tobacco.docx
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RESOLUTION NO. _________________________1
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A Resolutionof the Mayor and City Commission for the City of South Miami 3
to encouragethe Miami-Dade County Board of County Commissioners to 4
ban County-wide the sale of flavored tobacco products5
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WHEREAS,on December 6, 2011, the City of South Miami banned the sale or 8
possession with the intent to sell or for the purpose of selling any tobacco products (including 9
but not limited to snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, snus, shisha 10
tobacco, smoking or snuffing tobacco, cigarettes, cigars, smokeless tobacco products and blunt 11
wraps prepared in such a manner and with the purpose of ingesting tobacco or nicotine by 12
chewing, inhaling or smoking) that contain any additional substance ("additive"), including, but 13
not limited to, natural or artificial favoring (other than tobacco or menthol) that masks or reduces 14
the natural characteristics of tobacco by affecting its flavor, smell or taste; and15
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WHEREAS,Florida Department of Healthwebsitefor a "Tobacco Free Florida" states:17
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There’s berry, vanilla, chocolate, and green apple. There are flavored cigars, tobacco 19
leaves, smokeless, chew, snuff, snus, hookah and dissolvable tobacco. In short, a wide 20
variety of candy and fruit flavored tobacco products are available in communities 21
throughout Florida despite overwhelming evidence that these deadly products appeal to 22
youth and can lead to a lifetime of tobacco addiction.23
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In recent years, the emergence of new flavored tobacco products, presented in colorful 25
and playful packaging and backed by hefty marketing budgets, have parents, teachers, 26
health advocates, physicians, and communities rightly concerned. Flavored tobacco 27
appeals to younger audiences. In Florida, one in six kids between the agesof 11 and 17 28
had ever tried flavored tobacco.29
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Many of these kids erroneously believe these products are less harmful than their non-31
flavored counterparts. Using any kind of tobacco product increases the risk of developing 32
serious health problems, including various types of cancer, heart disease and lung 33
disease.34
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Youth have always been an important target for the tobacco industry. Numerous internal 36
tobacco industry documents reveal that companies perceive youth as a key market. In 37
April 2009, the Family Smoking Prevention and Tobacco Control Act, H.R. 1256, a U.S. 38
federal law that gave the Food and Drug Administration (FDA) power to regulate the 39
tobacco industry, paved the way to ban production and marketing of fruit and candy 40
flavored cigarettes. However,the ban does not currently include menthol cigarettes or 41
other types of flavored tobacco such as smokeless tobacco and cigars.42
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WHEREAS,in 2017 the San Francisco Board of Supervisors enacted an ordinance to 44
prevent marketing of (candy) flavored tobacco products to minors, which would be sold in 45
brightly colored packaging and taste like bubblegum, mango or chicken and waffles; and46
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Page 2 of 3
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WHEREAS,in 2018, a petition drive put a ballot question before the voters of San 2
Francisco to determine if the voters were in favor of the ban on flavored tobacco products; and3
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WHEREAS, it was reported that a 12M$ campaign, primarily funded by RJ Reynolds 5
was instituted to convince voters to overturn the ban on flavored tobacco products; and6
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WHEREAS, 68%to 70%of San Francisco voters voted to uphold the ban on flavored 8
tobacco products; and9
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WHEREAS,a person experiencing non-flavored tobacco for the first time has a 11
significant chance of gagging on the smoke and never trying tobacco again; and12
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WHEREAS,theFlorida Department of Healthhas reported that:14
Candy and fruit flavors mask the bad taste of tobacco, making it easier for 15
kids to start using tobacco products. Once they start using one tobacco 16
product, they are more likely to experiment with others.17
The FDA is currently examining options for regulating both menthol 18
cigarettes and flavored tobacco products other than cigarettes, including 19
chewing tobacco, cigars, cigarillos, bidis, dip, shisha, snuff, snus and other 20
smokeless tobacco products. Most of these products can currently be 21
purchased at any convenience store.22
In 2011, 19.7 percent of Florida high school students had tried a flavored cigar 23
and 9.8percent had smoked a flavored cigar on one or more occasions during 24
the past 30 days.25
In 2011, 7.9 percent of Florida high school students had tried flavored 26
smokeless tobacco and 4.6 percent of high school students had used flavored 27
smokeless tobacco in the past 30 days.28
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 29
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:30
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Section 1.The Mayor and City Commission for the City of South Miamihereby 32
encouragethe Miami-Dade County Board of County Commissioners to ban County-wide the 33
sale of flavored tobacco products.34
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Section 2.The City Clerk shall send a copy of this resolution to each member of the 36
County Commission, the League of Cities, and each municipality in Miami-Dade County.37
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Section 3.Severability.If any section clause, sentence, or phrase of this resolution is for 39
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 40
not affect the validity of the remaining portions of this resolution.41
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Section 4.Effective Date.This resolution shall become effective immediately upon2
adoption by vote of the City Commission.3
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PASSED AND ADOPTED this ____ day of ______________, 2018.5
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ATTEST:APPROVED:7
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________________________________________________9
CITY CLERK MAYOR10
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READ AND APPROVED AS TO FORM:COMMISSION VOTE:12
LANGUAGE, LEGALITY AND Mayor Stoddard:13
EXECUTION THEREOF Vice Mayor Harris: 14
Commissioner Welsh:15
Commissioner Liebman:16
________________________Commissioner Gil:17
CITY ATTORNEY18
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