Legislative Matter

Miami-Dade Legislative Item
File Number: 121262

Clerk's Official Copy

File Number: 121262

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-520-12

Control: Board of County Commissioners

File Name: EXTND FED PROHIBITION SALE & MANUFACTURE FLAVORED CIGARETTES

Introduced: 6/19/2012

Requester: NONE

Cost:

Final Action: 6/19/2012

Agenda Date: 6/19/2012

Agenda Item Number: 11A3

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 120956.

Title:

RESOLUTION URGING CONGRESS TO PROHIBIT PACKAGING OF TOBACCO PRODUCTS THAT RESEMBLES CANDY, MINTS AND BREATH STRIPS THAT APPEAR TO BE DESIGNED TO ENTICE AND ENCOURAGE YOUTHS TO USE TOBACCO; FURTHER URGING THE FLORIDA LEGISLATURE TO PROHIBIT SUCH PRODUCT PACKAGING (SEE ORIGINAL ITEM UNDER FILE 120956)

Indexes:

LEGISLATURE

Sponsors:	Sally A. Heyman, Co-Prime Sponsor
	Barbara J. Jordan, Co-Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	6/19/2012		Assigned	Jess M. McCarty

Board of County Commissioners	6/19/2012	11A3 AMENDED	Adopted as amended				P
REPORT:	Commissioner Sosa expressed concern that the prohibition not only geared to minors but would prevent adults from purchasing these products as well, noting that many sports players used these products. Commissioner Heyman clarified the intent of the foregoing proposed resolution was an urging of congress to extend the current federal prohibition on the manufacture and sale of flavored cigarettes to include all candy flavored tobacco products. She noted these items were marketed, designed and packaged to resemble candy which encouraged use and made it enticing to children. Commissioner Sosa noted that she was okay with preventing children from using tobacco products however she was concerned with the impact of this on adults that used tobacco product. Commissioner Heyman addressed Commissioner Sosa’s concerns, noting this was not an enforcement issue but is geared towards the products that are packaged to entice children. She noted that the tobacco products that were not packaged to entice or encourage children would not be affected. Commissioner Heyman noted most tobacco shops did not sell the tobacco products that were packaged to entice children, most of these were sold at corner stores. Commissioner Bell noted that her staff had received calls from cigar manufacturers with concerns regarding the prohibition. She noted they pointed out that they sold many flavored tobacco cigars and inquired whether they would be affected by the prohibition. Commissioner Bell noted that she was concerned with affecting adults that used flavored tobacco products. Assistant County Attorney Jess McCarty explained that this resolution would urge congress to extend the existing prohibition to also include tobacco products other than cigarettes. Chairman Martinez stated he was concerned that this urging would include other tobacco products in the federal ban that were not currently included and it would also be extended to the Florida Legislature which was not involved in this issue. He indicated that he believed this urging would affect adult tobacco users. Commissioner Barreiro indicated that he did not have an issue with the candy type products geared towards children, but expressed concern in relation to the other flavored tobacco products that have been on the market for a substantial amount of time and how they would be affected by this urging and he stated for that reason he could not support the item. Commissioner Bovo asked for clarification regarding the foregoing resolution was geared towards the packaging of the items. He noted that these products were found behind the counter and inquired whether children could simply pick up and purchase these tobacco products without showing identification. In response to Commissioner Bovo’s inquiry, Commissioner Heyman explained that the tobacco products were usually on display and on shelves and did not need an attendant to access these products. Commissioner Bovo further inquired whether the intent of the foregoing resolution was to make the product illegal or would it only affect the advertising and packaging of particular products. Commissioner Heyman noted this resolution was an extension on the marketing of cigarettes to any candy flavored tobacco product as well as the packaging of these products made to resemble candy and entice children. Commissioner Bovo noted that he was in support of the foregoing proposed resolution however he did not want to affect adults that wanted to purchase and use these products. He noted the Cigar makers within the community employed many people and this would greatly affect their businesses. Chairman Martinez noted that the foregoing resolution would apply prohibition to adults as well and suggested making an amendment to insert language that excluded adults from this prohibition. Commissioner Jordan noted that she felt the intent of the foregoing resolution was simply to change the packaging so that it is not designed to attract children, and was not prohibiting adults from purchasing these products. In response to Commissioner Jordan’s comments, Assistant County Attorney McCarty pointed out that the language within the resolution currently placed a ban on cigarettes that are flavored with the exception of menthol; he suggested if the board wished to solely target the packaging of the products an amendment would be required to do so. Commissioner Heyman noted that she was in support of amending the foregoing proposed resolution in an effort to discourage children from obtaining these tobacco products. Assistant County Attorney Jess McCarty advised the Board members that the amendment to section 1 could be revised as “Urges the U.S. Congress to prohibit the packaging of tobacco products that resembles candy, mints, and breath strips that appear to be designed to entice and encourage youths to use tobacco." Further discussion ensued among the Board members regarding the amendment. Assistant County Attorney Jess McCarty clarified the suggested amendment for the record. Hearing no further questions or comments, the Board amended the foregoing proposed resolution to delete the following wording contained within Section l on handwritten page 5: “…to extend the existing federal prohibition on the manufacture and sale…” so that the paragraph reads as follows: “Urges the U.S. Congress to prohibit the packaging of tobacco products that resemble candy, mints and breath strips that appear to be designed to entice and encourage youths to use tobacco."

Legislative Text

TITLE
RESOLUTION URGING CONGRESS TO PROHIBIT PACKAGING OF TOBACCO PRODUCTS THAT RESEMBLES CANDY, MINTS AND BREATH STRIPS THAT APPEAR TO BE DESIGNED TO ENTICE AND ENCOURAGE YOUTHS TO USE TOBACCO; FURTHER URGING THE FLORIDA LEGISLATURE TO PROHIBIT SUCH PRODUCT PACKAGING

BODY
WHEREAS, candy-flavored tobacco products have become increasingly common in the U.S.; and
WHEREAS, these products, containing flavors like chocolate, vanilla, orange, grape and cherry, are especially attractive to youth; and
WHEREAS, tobacco products are being sold that resemble candy, mints, breath strips and twisted sticks the size of toothpicks that often include fruit or candy flavors that appeal to youth; and
WHEREAS, these products are widely considered to be �starter� products, that could establish tobacco habits that can lead to a lifetime of addiction; and
WHEREAS, almost 90 percent of adult smokers began smoking as teenagers, according to the Florida Department of Health fact sheet on candy-flavored tobacco, a copy of which is attached and incorporated by reference; and
WHEREAS, like all tobacco products, candy-flavored tobacco products have serious health risks and are not considered safe by the U.S. Food & Drug Administration (FDA); and
WHEREAS, in 2004, 22.8 percent of 17-year-old smokers reported using flavored cigarettes over the past month, as compared to 6.7 percent of smokers over the age of 25, according to the FDA; and
WHEREAS, a poll conducted in March 2008 found that one in five youngsters between the ages of 12 and 17 had seen flavored tobacco products or ads, while only one in ten adults reported having seen them; and
WHEREAS, according to one study of youth smokers between the ages of 13 and 18, 52 percent of smokers who had heard of flavored cigarettes reported an interest in trying them, and nearly 60 percent thought that flavored cigarettes would taste better than regular cigarettes; and
WHEREAS, tobacco industry documents reveal patterns of designing flavored cigarettes to target youth, according to the FDA; and
WHEREAS, all tobacco products, including candy-flavored tobacco products, are equally addictive and carry the same health risks as regular tobacco products; and
WHEREAS, an estimated 443,000 Americans die prematurely each year due to smoking and exposure to second-hand smoke; and
WHEREAS, in 2009, Congress passed H.R. 1256, the Family Smoking Prevention and Tobacco Control Act of 2009 (Public Law 111-31), which, among other provisions, prohibited the manufacture and sale of flavored cigarettes; and
WHEREAS, while the Family Smoking Prevention and Tobacco Control Act prohibits flavored cigarettes, no comparable federal prohibition exists for non-cigarette flavored tobacco products,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the U.S. Congress to prohibit packaging of tobacco products that resembles candy, mints and breath strips that appear to be designed to entice and encourage youths to use tobacco.�
Section 2. Urges the Florida Legislature to prohibit the packaging of products as set forth in section 1 above.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, Florida Governor, Florida Senate President, Florida House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 4. Directs the County�s federal and state lobbyists to advocate for the legislation set forth in Section 1 and 2 above and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 Federal Legislative Package to include this item, and to include this item in the 2013 federal and state legislative packages when they are presented to the Board.