HomeMy WebLinkAbout8D - Tobacco Ordinance Provisions
AGENDA #:
PREPARED BY:
8D
CITY ATTORNEY
SUBJECT:
CONSIDER APPROVAL OF RESOLUTION 97-XX
AUTHORIZING AN APPLICATION FOR WANER
OF FDA PREEMPTION OF TOBACCO ORDINANCE
PROVISIONS
DATE:
APRIL 21. 1997
INTRODUCTION:
The Food and Drug Administration has promulgated new
restrictive regulations on tobacco. These regulations have
the goal of reducing youth access to tobacco by restricting a
number of practices perceived to intluence a minor's
decision to smoke. The new rules will impose additional
restrictions on the retail sale of tobacco materials, including
restrictions on advertising, sales displays. proof of age
requirements and brand name sponsorship.
BACKGROUND:
The federal statute authorizing the FDA to promulgate
regulations governing retail tobacco sales inadvertently
created a preemption issue with respect to some forms of
local regulations. To resolve possible preemption issues, a
preemption waiver process has been developed. Though
this process the City can obtain permission from the FDA
to enforce its own ordinance provisions. If the City does
not obtain a waiver, the FDA regulations apply. Without a
waiver, any provision of the City Ordinance that conflicts
with the FDA regulations would not be enforceable (but the
remaining local provisions would continue to apply).
DISCUSSION:
. A review of the Prior Lake Tobacco Ordinance, Ordin:a"ce No.
96-16, as recently amended, reveals the following sections which
may conflict with the FDA regulations:
1. Section 3-13-5(1)(b) prohibits sales of tobacco, "By means
of any type of vending machine. "
The FDA regulations provide an exception (allows) for vending
machln~s in "adult-only" establishments such as tobacco shops.
liquor stores, or bars.
AN EQL'AL OPPORTUNITY E:v1PLOYER
1
2. Section 3-13-5(1)(c) prohibits sales of tobacco, "By means
of self service methods..." an Section 3-13-5(2) creates an
excc:ption (allows) for self service merchandising in an
"establishment that sells only tobacco related products... "
The FDA regulations provide an exception (allows) for self
service methods in "adult-only" establishments such as tobacco
shops and liquor stores or bars.
The FDA bas informed the League of Minnesota Cities that
waivers will be granted on a routine basis when a local ordinance
is more restrictive than the FDA regulations. The Prior Lake
ordinance is more restrictive than the FDA regulations and
according to the information we received from the League, the
Application for Waiver will likely be granted.
ISSUES: U nIess a waiver is obtained, these Sections of the City Ordinance
will be preempted by the new FDA regulations which become
effective on August 28. 1997. If the City Council decides not to
apply for a waiver, the FDA regulations will apply instead of the
local ordinance regulations. This would have the effect of
allowing vending machines and self service methods in "adult-
only" establishments in the City of Prior Lake.
ALTERNATIVES: The Council has the following options:
1. Adopt proposed resolution 97-XX.
2. Defer action pending more information.
3. Do nothing.
RECOMMENDATION: Alternative 1. Adopt Resolution 97-XX.
ACTION REQUIRED:
50065
RESOLUTION 97-XX
RESOLUTION AUTHORIZING AN APPLICATION FOR WAIVER
OF FDA PREEMPTION OF TOBACCO ORDINANCE PROVISIONS
Motion By
Seconded By
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 [0 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
day of
. 1997.
YES
NO
.. . . .
a
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
. - . .
(Seal)
Frank Boyles, City Manager