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HomeMy WebLinkAboutMINUTES - 07212015 - D.8RECOMMENDATION(S): ACCEPT the report on Policy Options to Protect Youth from Tobacco Influences in the Retail Environment from the Health Services Department and DIRECT staff to work with effected County Departments to evaluate modifications to the County's existing ordinances as recommended by the Family and Human Services Committee. FISCAL IMPACT: Minimal fiscal impact. A portion of the Prop 99 funding Contra Costa Health Services receives for its Tobacco Prevention Project could be allocated to implementing direction provided by the Board of Supervisors. Tobacco Retailer Licensing Fees could also be increased to absorb the cost of implementation and enforcement of any new requirements for Tobacco Retailers. BACKGROUND: While we have made good progress in Contra Costa in reducing both adult and youth tobacco use, youth are still exposed to tobacco industry influences in their communities. In 2011, the tobacco industry spent $605 million[1] advertising and promoting tobacco products in California, with 90% of its marketing budget spent in the retail store environment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/21/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Denice Dennis, 925-313-6825 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 21, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 8 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:July 21, 2015 Contra Costa County Subject:Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment BACKGROUND: (CONT'D) [2] Exposure to tobacco marketing in stores increases tobacco experimentation and use by youth[3] and is more powerful than peer pressure.[4] Research also shows that the number of stores selling tobacco in a community can lead to higher rates of youth smoking. In addition to advertising and marketing influences, some Contra Costa jurisdictions have illegal tobacco sales rates to youth that are as high as 26%.[5] On 5/5/15, Health Services staff were directed to develop and present a report and recommendations for Policy Options to Protect Youth from Tobacco Influences in the Retail Environment, which was presented to the Family and Human Services Committee on 6/8/15. The Committee forwarded the report to the full Board for discussion and direction. The Committee asked staff to investigate two issues related to the recommended policy options: 1) the number of pharmacies that would be impacted by prohibiting tobacco sales in pharmacies; and 2) how much the tobacco retailer licensing fees would need to be increased in order to cover all associated administrative and enforcement costs for the tobacco retailer licensing program. The 6/8/15 report was revised to address these questions, and is included as an attachment here. [1] Based on the 2011 Federal Trade Commission Report and California state estimate methodology used by Campaign For Tobacco Free Kids: http://www.tobaccofreekids.org/facts_issues/toll_us/california [2] U.S. Federal Trade Commission (FTC), Cigarette Report for 2007 and 2008 , 2011, http://www.ftc.gov/os/2011/07/110729cigarettereport.pdf. FTC, Smokeless Tobacco Report for 2007 and 2008, 2011, http://www.ftc.gov/os/2011/07/110729smokelesstobaccoreport.pdf. Data for top 6 manufacturers only. [3] DiFranza, J.R., Wellman, R.J., Sargent, J.D., Weitzman, M., Hipple, B.J., Winickoff, J.P., Tobacco promotion and the initiation of tobacco use: assessing the evidence for causality. Pediatrics, 2006. 117(6): p. e1237-1248. http://pediatrics.aappublications.org/content/117/6/e1237.abstract%20(25 and National Cancer Institute, The Role of the Media in Promoting and Reducing Tobacco Use: TobaccoControl Monograph No. 19, 2008, U.S. Department of Health and Human Services, National Institutes of Health: Bethesda, MD. http://cancercontrol.cancer.gov/brp/tcrb/monographs/19/index.html [4] Campaign for Tobacco-Free Kids. Toll of Tobacco in the United States of America. 2011. http://www.tobaccofreekids.org/research/factsheets/pdf/0072.pdf. [5] California Department of Public Health, Food and Drug Branch, youth decoy operation results 2009. CONSEQUENCE OF NEGATIVE ACTION: If recommendations are not approved, the public's health may not be protected to the extent possible. CHILDREN'S IMPACT STATEMENT: Tobacco products are still being promoted to children through availability of youth-friendly flavored tobacco products and inexpensive small packs of these products; exposure to tobacco marketing in the retail environment; and the sale and marketing of tobacco products near schools and other youth sensitive areas. Policies options to address these issues will discourage youth from tobacco use and promote healthier communities. CLERK'S ADDENDUM Speakers:  Mary Jaccodine, CC Tobacco Prevention Project; Doug Sibley, Chair of County Alcohol and Other Drug Advisory Board; Phillip Gardiner, African-American Tobacco Control Leadership Council; Alexander Nelson, American Lung Association; ; Supervisor Piepho requested that the returning report include: • specific responses to the questions raised in the letters received from the American Petroleum and Convenience Store Association (APCA) and the National Association of Tobacco Outlets; • The distance from youth-sensitive areas of each of the retailers potentially impacted by the proposed ordinance • The actual distance of a newly opened tobacco shop from the Byron Excelsior Middle School • What additional resources law enforcement may need to enforce any new provisions of the ordinance Supervisor Mitchoff stated that if the licensing fee is increased that those funds should be directed toward covering enforcement costs such as the Sheriff’s youth-decoy sting operations and site compliance checks. Chair Gioia noted that the incorporated cities often parallel ordinances adopted by the County. Supervisor Piepho mentioned that if that is so, the issue of the retailers associations regarding forcing businesses in the unincorporated areas to relocate into the cities may not be the case. It may instead force some establishments to close altogether. Supervisor Piepho suggested that County staff may need to speak with the city managers via the Managers Association or at the Mayors Conference, whichever venue is most appropriate. All Supervisors concurred that ‘menthol’ cigarettes be included in the classifications of tobacco products and should be specified in writing in any proposed ordinance. ACCEPTED the report; DIRECTED staff to return to the Board with information on issues discussed today and to work with effected County Departments to evaluate modifications to the County's existing ordinances as recommended by the Family and Human Services Committee.  ATTACHMENTS Staff Report to FHS Attachment I - Health Stores Healthy Communities Summary 2013 Attachment II - Policy Options Addressing Youth Tobacco Influences ∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎ ∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎ WILLIAM B. WALKER, M.D. HEALTH SERVICES DIRECTOR WENDEL BRUNNER, M.D. DIRECTOR OF PUBLIC HEALTH C ONTRA C OSTA P UBLIC H EALTH 597 CENTER AVENUE, SUITE 125 MARTINEZ, CALIFORNIA 94553 PH (925) 313-6808 FAX (925) 313-66840 To: Family and Human Services Committee, Contra Costa Board of Supervisors From: Wendel Brunner, MD, Public Health Director, Contra Costa Health Services Re: Report on Policy Options to Protect Youth from Tobacco Influences in the Retail Environment Date: June 8, 2015 (updated 7/7/15 by Tobacco Prevention Project Staff to address Family and Human Service Committee questions/concerns) I. Background At their 5/5/15 meeting, the Board of Supervisors accepted the Health Services 2013 Healthy Stores for a Healthy Community Report, (Att. I) and directed staff to develop and present a report on recommendations for Policy Options to Protect Youth from Tobacco Influences in the Retail Environment , and referred the report to the Family and Human Services Committee for recommendations to the full Board. II. The Problem of Youth Tobacco Use and the Retail Environment In summer, 2013, in order to get a picture of what tobacco industry influences look like in Contra Costa, Public Health’s Tobacco Prevention Project participated in a county-wide tobacco survey. Over 300 stores were part of the randomized sample for the Contra Costa Store Survey, including convenience, supermarket, liquor, tobacco, small market, discount, drug and big box stores. Stores that prohibited youth from entry or that require membership were excluded from the survey. The Contra Costa Store Survey1 findings confirmed that tobacco is still being promoted to youth and that: Over 80% of stores near schools in Contra Costa sell flavored (non-cigarette) tobacco products like ―watermelon‖ and ―tropical blast‖ flavored cigarillos and little cigars. Many of these products sell for under a dollar, making them very attractive and affordable for youth. Over eight in 10 stores sell packs of 5 or less of cigarillos/little cigars, and close to 70% of stores sell these products as "singles". These products are also available very cheaply, making them affordable for youth. Eighty-five percent of tobacco retailers sell the most popular brand of cigarillos for under $1. Close to half of all stores in Contra Costa sell e-cigarettes. The number of stores that are selling e-cigarettes statewide has quadrupled, from just over 10% in 2011 to over 45% in 2013. The percentage of high school students who reported ever using e-cigarettes doubled between 2011 and 2012. Many of these products are attractive to youth because they are relatively cheap and come in flavors like cherry-limeade and mint. Seven in 10 stores in Contra Costa have exterior advertising for unhealthy products like tobacco, alcohol and sugary drinks. This compares with 1 in 10 stores with exterior advertising for healthy items including fruits, vegetables and non-fat/low-fat milk. More information on the Store Survey is attached to this report. Information on the location and density of stores selling tobacco across the county was also collected and mapped. (See page 6 of Att. I.) This information found that: 34% of stores selling tobacco throughout the County are located within 1000 feet of a school. One-third of youth who buy tobacco purchase these products within 1000 feet of school.2 1 2013 Healthy Stores for a Healthy Community (HSHC) Survey, California Department of Public Health. 2 Lipton R, Banerjee A, Levy D, Manzanilla N, Cochrane M., The spatial distribution of underage tobacco sales in Los Angeles. ∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎ ∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎ Every school day, youth are exposed to tobacco influences such as advertising and product promotions on their way to and from school. Many of the Contra Costa communities with high numbers of stores selling tobacco near schools are low- income. Low-income communities have high rates of smoking and tobacco-related diseases like heart disease, cancers and stroke. The 2013 Contra Costa Store Survey provides concrete, scientific evidence on how the tobacco industry continues to target youth and lower-income communities through the retail environment. III. Policy Options to Reduce Tobacco Influences in the Community Communities across the Country and state have increasingly adopted laws to address youth tobacco influences in the retail environment. The following policy provisions are recommended by staff to reduce youth tobacco influences in the retail environment. These policies are also highlighted in the American Lung Association’s 2015 Report on the State of Tobacco Control for CA. A. Prohibit the sale of flavored (non-cigarette) tobacco products, such as candy, fruit and spice characterizing flavors in little cigars, hookah tobacco and dissolvable tobacco products, as well as in electronic smoking devices and vapor solutions for these devices. Under the federal Family Smoking Prevention and Tobacco Control Act, it is illegal for manufacturers to make cigarettes that contain ―characterizing flavors‖ other than that of tobacco, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa or chocolate. (Menthol flavoring in cigarettes was exempted and is discussed below.) The Act was enacted in 2009 largely because these flavored products were marketed to youth and young adults,3 and younger smokers were more likely to have tried these products than older smokers.4 Flavored non-cigarette tobacco products have become increasingly common and are available in a variety of flavors that appeal to children and young adults.5 The U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be ―starter‖ products for youth and help establish smoking habits that can lead to long-term addiction.6 Adding flavorings to tobacco products such as little cigars, cigarillos, and smokeless tobacco can mask the natural harshness and taste of tobacco, making these products easier to use and increasing their appeal among youth.7 Subst Use Misuse. 2008;43(11):1594-614. 3 Carpenter CM, Wayne GF, Pauly JL, et al. 2005. ―New Cigarette Brands with Flavors that Appeal to Youth: Tobacco Marketing Strategies.‖ Health Affairs. 24(6): 1601–1610; Lewis M and Wackowski O. 2006. ―Dealing with an Innovative Industry: A Look at Flavored Cigarettes Promoted by Mainstream Brands.‖ American Journal of Public Health. 96(2): 244–251; Connolly GN. 2004. ―Sweet and Spicy Flavours: New Brands for Minorities and Youth.‖ Tobacco Control. 13(3): 211–212; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General . Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 537, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf. 4 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf. 5 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 164, 205, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf; Morris DS and Fiala SC. 2013. ―Flavoured, Non-cigarette Tobacco for Sale in the USA: An Inventory Analysis of Internet Retailers.‖ Tobacco Control. [Electronic publication ahead of print], http://tobaccocontrol.bmj.com/content/early/2013/08/08/tobaccocontrol -2013-051059.full. 6 Food and Drug Administration. 2011. Fact Sheet: Flavored Tobacco Products, www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214.pdf ; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General . Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf. 7 King BA, Dube SR, and Tynan MA. 2013. ―Flavored Cigar Smoking Among U.S. Adults: Findings from the 2009–2010 National Adult Tobacco Survey.‖ Nicotine & Tobacco Research. 15(2): 608–614; Nelson DE, Mowery P, Tomar S, et al. 2006. ―Trends in Smokeless Tobacco Use Among Adults and Adolescents in the United States.‖ American Journal of Public Health. 96(5): 897–905. ∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎ ∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎ The U.S. Centers for Disease Control and Prevention has reported that electronic cigarette use among middle and high school students doubled from 2011 to 2012.8 Nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and bubble gum.9 The California Attorney General has stated that electronic cigarette companies have targeted minors with fruit-flavored products.10 In the Bay Area, Santa Clara County, Hayward and Sonoma have adopted similar laws, and Berkeley and El Cerrito are currently considering such regulations. B. Require a minimum pack size for sale of cigars, including cigarillos and little cigars. Small packages of tobacco products make these products more accessible to youth, who are generally a more price-sensitive market. Although federal and state law ban the sale of individual cigarettes, neither restrict the sale of individual little cigars, cigarillos and cigars. Many retailers sell little cigars and cigars individually, making them more affordable and appealing to youth.11 The cities of Hayward, Huntington Park and Sonoma currently regulate pack size, and El Cerrito is considering doing so. C. Prohibiting the sale of tobacco within at least 1000 feet of schools and other area youth sensitive areas. Research has demonstrated that youth are more likely to experiment with tobacco products when retailers are located near schools, and that the number of tobacco retailers in a community affects youth smoking behaviors as well as access to tobacco products.12 The density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates.13 Restricting the location of all tobacco retailers near schools and other youth sensitive areas, as well as within a certain distance to each other, creates tobacco-free zones and reduces tobacco influences in the community. Twenty-four California cities and counties have adopted similar laws, including Santa Clara County and Union City. Sonoma recently adopted law that would prohibit any new retailers anywhere in the city. A map showing the Number of Tobacco Retailers within 1,000 Feet of a School, by City or Place in Contra Costa can be found in Attachment I. D. Reduce the density of tobacco retailers by prohibiting the location of new tobacco retailers within 500 feet of existing tobacco retailers (density relative to other retailers), or capping the total number of tobacco retailer licenses issued. High density of tobacco retailers has been associated with 8 Centers for Disease Control & Prevention. 2013. ―Electronic Cigarette Use Among Middle and High School Students—United States, 2011–2012,‖ Morbidity and Mortality Weekly Report (MMWR) 62(35): 729–730. 9 Cameron JM, Howell DN, White JR, et al. 2013. ―Variable and Potentially Fatal Amounts of Nicotine in E -cigarette Nicotine Solutions.‖ Tobacco Control. [Electronic publication ahead of print], http://tobaccocontrol.bmj.com/content/early/2013/02/12/tobaccocontrol -2012-050604.full; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 549, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf. 10 Press Release, State of California Department of Justice, Office of the Attorney General, Brown Announces Electronic Cigarett e Maker's Agreement to Stop Deceptive Marketing and Sales to Minors (Aug. 3, 2010), oag.ca.gov/news/press-releases/brown-announces- electronic-cigarette-makers-agreement-stop-deceptive-marketing. 11 California Department of Public Health. (2012). Tobacco in the Retail Environment, www.cdph.ca.gov/programs/tobacco/Documents/Tobacco%20Retail%20Environment%20Fact%20Sheet_Easy%20Print.pdf 12 McCarthy, W.J., Mistry, R., Lu, Y., Patel, M., Zheng, H., Dietsch, B., Density of tobacco retailers near schools: effects on tobacco use among students. American Journal of Public Health, 2009. 99(11): p. 2006 2013. 13 Henriksen L, Feighery EC, Schleicher NC, et al. 2008. ―Is Adolescent Smoking Related to Density and Proximity of Tobacco Outlets and Retail Cigarette Advertising Near Schools?‖ Preventive Medicine 47: 210-214. ∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎ ∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎ increased smoking rates, particularly among youth.14 A study of California neighborhoods found that the density and proximity of tobacco retailers influence smoking behaviors, including number of cigarettes smoked per day.15 Of additional concern, widespread presence of tobacco in retail settings normalizes the use of tobacco products and triggers smoking urges among former smokers and those attempting to quit.16 California law limits alcohol licenses based on density, and this policy applies that same rationale to tobacco retailers. Nine cities and counties in CA have adopted similar laws.17 E. Create Tobacco Free Pharmacies. A recent gallop poll showed Pharmacists are perceived by many as among the most trusted of health care professionals. Research indicates that by selling tobacco products, pharmacies reinforce positive social perceptions and send a message that it is not so dangerous to smoke. Children and young people are particularly influenced by cues suggesting that smoking is acceptable. The American Pharmacists Association, the California Pharmacists Association, and the California Medical Association have called for state and local laws prohibiting tobacco sales in drugstores and pharmacies because doing so supports the public health and social welfare of the communities in which they practice. In the Bay Area, Richmond, San Francisco and Santa Clara County prohibit the sale of tobacco products in all pharmacies. Of the nine (9) licensed pharmacies in the unincorporated county, there are currently six (6) that currently sell tobacco products. F. Increase the Tobacco Retailer License Fee to fully cover the cost of education, enforcement and monitoring of all tobacco control laws, including youth decoy operations and any new provisions that are adopted. The current Tobacco Retailer License fee was set in 2010, and reflects cost related to administration of the license and some site compliance checks. It does not cover the cost of youth decoy operations through the Sheriff’s Office for enforcement of the ―no sales to minors‖ law, which are funded at approximately $18,000 annually (about $180 per retailer) with County general funds. One policy option for consideration is to increase the current annual Tobacco Retailer License fee of $287 to better reflect the actual cost of the program. The American Lung Association reports that as of September, 2013, ninety-eight of 110 jurisdictions in CA with tobacco retailer licensing were able to fully fund enforcement programs through tobacco retailer license fees. Further analysis would be needed in order to calculate any additional education, enforcement and implementation costs related to adoption of the specific provisions discussed in this report. IV. The County’s Tobacco Retailer Licensing Ordinance and the Retail Environment The County’s Tobacco Retailer Licensing Ordinance requires all tobacco retailers to purchase a local license before they may sell tobacco in the community, and provides for suspension of that license if a violation of any local, state or federal law occurs. This has proven to the only effective model of reducing illegal sales to minors. The sales rate in the unincorporated areas of the County decreased from 37% to 7% upon adoption and enforcement of its tobacco retailer licensing ordinance. As strong Tobacco Retailer Licensing laws include compliance checks and enforcement including suspension for violations of tobacco laws, it is also a mechanism for effective management of other tobacco regulations, such as those discussed in this report. Location and density restrictions, as well as regulations of products 14 Henriksen L, Feighery EC, Schleicher NC, et al. 2008. ―Is Adolescent Smoking Related to Density and Proximity of Tobacco Outlets and Retail Cigarette Advertising Near Schools?‖ Preventive Medicine 47: 210-214. 15 Chuang YC, Cubbin C, Ahn D, et al. 2005. ―Effects of Neighbourhood Socioeconomic Status and Convenience Store Concentration on Individual Level Smoking.‖ Journal of Epidemiology and Community Health 59: 568-573. 16 McDaniel PA and Malone RE. 2011. “Why California Retailers Stop Selling Tobacco Products, and What Their Customers and Employees Think About It When They Do.” BMC Public Health 11: 848. 17 ―Matrix of Local Ordinances Restricting Tobacco Retailers Near Schools, July 2013‖, Center for Tobacco Policy and Organizing. ∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎ ∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎ that can be sold, can be a condition of the license. Enforcement of these regulations has been most effective under tobacco retailer licensing laws, rather than a combination of regulatory mechanisms. Since adoption of the County’s law in 2003 and the last update to the ordinance in 2013 to regulate electronic smoking devices, several ―best practices‖ have emerged to increase its effectiveness in reducing illegal tobacco sales to minors and to act as an enforcement mechanism for other tobacco control laws. Staff recommends two other additional provisions be added to strengthen and update the current Tobacco Retailer Licensing Ordinance. These are to: 1) Require retailers to remove tobacco advertising during the license suspension period. Over 60 jurisdictions require this provision during license suspension period, when sales of tobacco products are prohibited. 2) Expand the time period reviewed for prior violations of the license from 24 months (2 years) to 60 months (5 years) when considering the length of the license suspension. Close to 70 other CA jurisdictions include this provision, as it can be more of an incentive for retailers to fully comply with tobacco control laws over time. The above provisions are included in the Attachment II grid, Policy Options for Addressing Youth Tobacco Influences in The Retail Environment. The grid indicates those policies recommended as the most effective in the shaded boxes, and also includes other policy options that have been adopted by CA jurisdictions for consideration. Policy Options for Addressing Youth Tobacco Influences in the Retail Environment Contra Costa Health Services, Public Health Division For Presentation to Family and Human Services Committee 6/8/15 (updated 7/7/15) (over) Tobacco Retailer Requirements: Provision Description CA Jurisdictions with this Protection Update the definition of “Tobacco Product” to clarify when a Tobacco Retailer License is required. Revise definition of “Tobacco Product” to include all “emerging products” including any electronic smoking devices (whether or not they contain nicotine) which mimic smoking or can be used to deliver a dose of nicotine or other substances, and all components, parts or accessory of a tobacco product. Concord, El Cerrito, Oakley, Pittsburg, and Walnut Creek, as well as close to 90 other jurisdictions in CA. Family and Human Services Committee directed staff to develop updated definition for current ordinance at 4/13/15 Committee Meeting. Prohibit the sale of flavored (non-cigarette) tobacco products Prohibits the sale of flavored (non-cigarette) tobacco products within certain distance of schools and youth-sensitive areas or within whole jurisdiction. The Food and Drug Administration has banned candy, fruit and spice as characterizing flavors in cigarettes only. Other tobacco products (smokeless, little cigars, hookah tobacco, and dissolvable tobacco products) with these flavors are exempt from this federal ban. Santa Clara County, Hayward and Sonoma (Also New York City; Providence Rhode Island, and Chicago.) Berkeley and El Cerrito currently considering. Require minimum pack size for cigars Although federal and state law ban the sale of individual cigarettes, neither restrict the sale of individual cigars, including cigarillos and little cigars. Options include requiring minimum pack size (5 or more; current regulation for cigarettes is 20) for all cigars. Could exempt premium cigars that cost $5 or more. Hayward, Sonoma, Huntington Park, Gardena Restrict location of tobacco retailers near schools and other youth sensitive areas. Prohibits a license to new tobacco retailers if located within a certain distance (e.g., 500-1000 feet) of a school or other area frequented by youth (e.g., playground, church, recreation center, park, etc.). Near Schools and other Youth Sensitive Areas: Dublin, Union City, Vallejo, Albany, Oakland, Marin County, Berkeley and San Rafael (plus 14 other jurisdictions). Near schools only: Santa Barbara County, Sacramento, Santa Clara County plus 5 other jurisdictions. El Cerrito currently considering. Prohibit new tobacco retailers from locating within certain proximity of other retailers Restricts new tobacco retailers from locating within at least 500 feet of another new or existing tobacco retailer. Dublin, Santa Clara County, Union City, Vallejo plus six other jurisdictions. El Cerrito currently considering. Prohibit sale of tobacco products in pharmacies The American Pharmacists Association, the California Pharmacists Association, and the California Medical Association have called for state and local laws prohibiting tobacco sales in drugstores and pharmacies, because doing so supports the public health and social welfare of the communities in which they practice. Prohibiting the sale of tobacco products in pharmacies is consistent with the public’s perception of pharmacies as a place to go for health advice. Richmond, San Francisco, Santa Clara County Prohibit the sale of menthol flavored cigarettes near schools Would prohibit the sale of menthol flavored cigarettes within a certain distance of a school. The Food and Drug Administration has exempted “menthol” flavor from its ban on “characterizing flavors” in cigarettes. None currently in CA. Chicago (within 500 feet of schools) Violations of storefront signage laws is violation of license Allows for suspension of retailer’s license if a retailer violates the state law or local law setting a maximum percentage of window space that can be covered by signs at retail tobacco outlets. Another way to bring retailers into compliance with health and safety laws. Santa Clara County Prohibit new “Significant Tobacco Retailers” Prohibits a new “Significant Tobacco Retailer”—a business that primarily sells tobacco products—from obtaining a tobacco retailer license. Definition of “Significant Tobacco Retailer” is based on either amount of floor space or percentage of sales devoted to tobacco products. Would also apply to retailers selling Electronic Smoking Devices and paraphernalia if definition of “tobacco products” is revised. This provision would effectively prohibit any new ‘vape’ shops, hookah bars, or tobacco shops. Carpenteria, Dublin (no vapor lounges or hookah bars), Hayward (no vapor lounges), (Huntington Park, Richmond, and Union City (no vapor lounges or hookah bars). El Cerrito currently considering. Sale of drug paraphernalia is violation of license Makes violations of state laws regarding drug paraphernalia or controlled substances a violation of a tobacco retailer license. Oakland, Richmond, Union City plus 8 other cities and counties (Firebaugh, Grass Valley, Huntington Park, Montebello, Parlier, Riverbank, Santa Cruz County, and Watsonville) (as of June, 2012) Check ID of customers who appear younger than 27 Requires retailers to check the age of purchasers who appear to be under the age of 27. Concord, Richmond, Albany, Oakland, Santa Clara (age 30) plus 35 other jurisdictions. Limit or “cap” the number of retailers that can sell tobacco products. Limits the total number of tobacco retailer licenses that are issued in any one year, or “caps” the licenses issued based on population. Sonoma, Orville, Lynwood, Huntington Park Increase the Tobacco Retailer License Fee to full cover the cost of education, enforcement and monitoring of any new provisions adopted by the County. The current Tobacco Retailer License was set at $287 in 2010. It reflected the cost at that time related to the administration of the license and some site compliance checks. 98 of 110 jurisdictions in CA have Tobacco Retailer Licensing enforcement programs, including youth decoy operations, that are fully funded through tobacco retailer licensing fees (as of September, 2013) Conditions of License Suspension if violation of law occurs: Provision Description CA Jurisdiction with these provisions Remove tobacco advertising during license suspension Requires retailers to remove or cover all tobacco-related advertising, in addition to tobacco products, during the period that their tobacco retailer license is suspended. Would also apply to Electronic Smoking Devices and paraphernalia if definition of “tobacco products” is revised. Richmond, Concord, Albany, Oakland, Pacifica, Santa Clara plus 56 other jurisdictions Expand time period reviewed for prior violations of license Would expand time period reviewed for prior violations of license from 24 months (2 years) to 60 months (5 years) when considering length of license suspension. Richmond, Albany, Oakland plus 64 other jurisdictions.