SIPP Phase II: Vaping and Vapor Devices

SIPP Phase II:
Vaping and Vapor Devices
Subcommittee Briefing and Discussion
August 19, 2015
Welcome and
INTRODUCTIONS
Subcommittee and Staff
Sam Low (Lake Stevens City Council)
Linda Grafer (Mukilteo City Council)
Karen Guzak (Mayor, City of Snohomish)
Sid Roberts (Lynnwood City Council)
Donna Wright (Marysville City Council)
Dr. Jiho Bryson (The Everett Clinic)
Dr. Gary Goldbaum, Health Officer
Pete Mayer, Deputy Director
Margaret Shield, Health Policy Analyst
Heather Thomas, Communications & Public Affairs
Wendy Burchill, Healthy Communities Specialist
Jeff Ketchel, Environmental Health Director
Brown and Caldwell
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Today’s Agenda
 Welcome & Introductions
 Preliminary Public Comment Process
 Staff Policy Options
 Subcommittee Discussion & Development of
Policy Recommendation
 Chair Wrap-up and Next Steps
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Materials Available
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Preliminary Public Comment
PROCESS
Reminder of Questions Asked
 Do you support expanding the Smoking in
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Public Places law to prohibit vaping?
How would prohibiting vaping in public
places impact you?
What do you think should be included in the
ordinance to be most effective in preventing
youth from smoking and vaping?
Are there any specific issues that you would
like the Board of Health to evaluate while
considering this regulation?
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Multiple Outreach Channels
 Press Releases
 Social Media
 Email Lists
 Editorial(s)
 Postcards
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Public Comments Received in July
 Online Survey – 744 received (+ 10 received
after 7/31)
 Emails – 36 received
 Mailed Letters – 5 received
 Voicemail – 1 anonymous message (prior to
7/6)
 Listening Session – 12 speakers
(approximately 25 attendees + 3 media
outlets)
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Summary of Comments
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Variety of feedback as expected
General themes:
 Opposed to policy – want to keep ability to sample
products and use in vape stores
 Supportive of policy – concerned about air quality,
health risks and message to youth
 People tended to agree on the need to prevent
youth use
 Effective enforcement is needed
 More education is needed on how vaping devices
work and what the potential risks are
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Staff Policy
OPTIONS
Update on Status of Federal
Regulatory Action
Status of FDA Deeming Rule
FDA seeking pre-rulemaking comments on
nicotine exposure warnings and child resistant
packaging.
Various bills before Congress, not passed yet
None of the proposed federal actions address
use of vapor products in public places.
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Update on Status of State Legislation
No vapor product legislation passed during 2015
session
2015 bills “carry forward” into 2016 session
Sole state law = No sales of nicotine vapor
products to minors < 18.
(no requirements for signage or ID checks)
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Policy Options List For Discussion
1.
To address key public health concerns
• Potential health effects from use and/or
exposure, especially to most vulnerable
• Potential increased addiction to nicotine through
rapidly increasing use by teens and young adults
• Vaping other drugs in the devices
• High poisoning risk to children
2.
To address policy approaches raised during
preliminary comment period
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Policy Options by Group
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Addressing Potential Health
Effects from Exposure to
HARMFUL CHEMICALS
1. Prohibit vaping in public places and places
of employment
• Define vapor products as all
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•
•
•
vaping devices and e-liquids containing
nicotine or any other substance.
Exempt any smoking cessation drugs or
devices approved by the FDA.
Prohibit vaping in same places smoking
is prohibited under Snohomish Smoking
in Public Places law.
Vaping prohibition would include all
schools.
Require No Vaping signage.
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Snohomish County SIPP Law
Smoking of any lighted or burning cigarette, pipe, cigar, hookah, or
other smoking equipment using tobacco, flavored tobacco, or
marijuana.
Prohibited in all public places and places of employment, including:
• any building or vehicle open to the public or employees;
• outdoor venues connected to a business where employees work
• within 25 feet of all doorways, entryways, windows, and
ventilation intakes of public places and workplaces;
• membership-only clubs with employees and/or allowing guests;
• break rooms, parking garages and covered entryways; and
• no less than 75% of sleeping quarters in all hotels and motels.
Signage required at all building entrances and in prominent
locations.
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2. Potential exception to vaping in public:
Allow tastings in “vape-only” retail stores
under specific requirements
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•
•
•
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Free tastings to test flavors or devices
No free samples leaving store
No consumption of purchased products in store
To protect youth: no minors admitted/ID check
To protect others: separate ventilation system
Only at permitted locations – education/
compliance
Warning signs requirements
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3. Require retailer permit for all nicotine vapor
product retailers
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Permitting allows identification of retailers for
education, compliance, enforcement with state law
(no sales to minors) and any Snohomish law
Permits limited to retailer’s permanent physical
location – no event booths or trucks
Permit fee reflect costs of necessary notifications,
inspections, education and enforcement
Currently no permits/licenses, but multiple counties
considering
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Number of Snohomish County Retailers
City
Everett
Lake Stevens
Lynnwood
Marysville
Snohomish
Arlington
Bothell
Monroe
Woodinville
Total
Vapor Product Only
Retailers (based on
name)
12
1
6
2
1
1
1
2
1
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State Licensed Tobacco
Retailers, likely to also
sell vapor products
610
Estimate of vapor product retailers is based on internet search of
store names.
Also, marijuana retailers sell THC e-cartridges for vapor devices.
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Address Rapidly Increase Use By
YOUTH/YOUNG ADULTS
4. Prohibit vapor product sales to minors and
require ID checks
State law prohibits sales of tobacco and nicotinecontaining vapor products to minors under 18.
(RCW 26.28.080)
State does not specify any compliance activities for
vapor products.
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Require No Sales to Minors signs in all stores
Require ID checks for sales to anyone < 26
Enable education, compliance, enforcement
through permit process
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5. Increase age to 19 for sale of vapor
products
• Would better protect high school age youth
• But local laws cannot raise age of sales of
tobacco, creating disparity
6. Prohibit possession of vapor products by
minors
• State law prohibits tobacco possession < 18
• Enforcement tool, including on school grounds
• Enforcement would rely on others, not SHD
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7. Require sales restrictions to reduce youth
access
•
Keep vapor products behind the counter.
•
Option: allow exception for vapor product only
stores who do not permit minors to enter.
•
No self-service/vending machines, except where
minors prohibited.
•
No distribution of free samples.
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Option: allow free tastings at permitted vape-only
store that exclude minors.
No coupons or rebates except in a direct interaction
between retailer and customer = ID check.
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8. Prohibit internet sales to minors and
require age verification upon delivery
• Federal law defines mechanisms to prevent
internet sales to minors, including ID checks
upon delivery
• Research has found easy for minors to
purchase e-cigarettes/vapor products online
• Local regulation and enforcement
challenges
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9. Restrict retailer permits in school zones
•
To protect youth, define area around schools where
sales of vapor products prohibited
•
Disparities under state law on tobacco and MJ sales
10. Prohibit sales of flavored e-cigarettes/eliquids; or restrict those sales in school zones
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Flavorings are attractive to youth
Chicago law bans sales near schools
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11. Advertising restrictions or requirements
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Tobacco advertising – content and types – restricted
under Master Settlement Agreement & package
warning labels required under federal law.
Currently no federal or state restrictions on ecigarette/vapor product advertising
Possible options for local governments:
• Restrict “time, manner, and place” of advertising
• Require additional retailer signage
• Prohibit advertising with “false or misleading claims”
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Address High Poisoning Risks to Children
FROM E-LIQUIDS
12. Require use of child-proof packaging for
nicotine e-juice
•
Concentrated nicotine e-juices are toxic; potentially
fatal to child through ingestion or skin contact.
•
Local law could reference federal child-proof
packaging standards.
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13. Require warning labels on all nicotine
containing vapor products and nicotine e-juice
containers
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Currently, any package warning labels are voluntary
with no requirements on content or visibility
Require warning label on harmful effects of nicotine
and keep away from children
14. Require e-liquid retailer point-of-sale
signage on harmful effects of nicotine and
keep away from children
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Enforcement
• Compliance and enforcement processes to
be recommended by staff and legal counsel.
• Amounts of enforcement fines will align with
penalties for non-compliance with smoking
and tobacco product laws and rules.
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Subcommittee Discussion About
POLICY OPTIONS
Recap of Policy Options
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Next Steps
 Board of Health Meeting –
3:00 p.m. on September 8, 2015
 Staff will help craft a summary report to be
included in the Board packet
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Discussion/
Questions