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RESOLUTION 97- 31
RESOLUTION AUTHORIZING AN APPLICATION FOR WAIVER
OF FDA PREEMPTION OF TOBACCO ORDINANCE PROVISIONS
Motion By KEDROWSKI
Seconded By MADER
WHEREAS, The Food and Drug Administration has promulgated new
restrictive regulations on retail sales of tobacco, which regulations have the goal of
reducing youth access to tobacco by restricting a number of practices perceived to
influence a minor's decision to smoke; and,
WHEREAS, The federal statute authorizing the FDA to promulgate regulations
also inadvertently created issues regarding preemption of some forms of local
regulations; and,
WHEREAS, A review of the Prior Lake Tobacco Ordinance, Code Section 3-
13, reveals requirements that may conflict with the FDA regulations; and,
WHEREAS, To resolve possible preemtpion issues, a preemption waiver
process has been developed, through which the City can obtain permission from the
FDA to enforce its own ordinance provisions,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Prior Lake that is authorized to submit an
application to the Food and Drug Administration to obtain a waiver of preemption of
the City's tobacco ordinance provisions.
PASSED and ADOPTED this 21 day of APRIL , 1997.
YES NO
x
Greenfield SENT Greenfield
Kedrowski x Kedrowski
Mader x Mader
x
(Seal)
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