04-23-1997 Council Agenda - Laserfiche WebLink

Home Browse Search

515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 April 17, 1997 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Tobacco Regulations MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Attached is correspondence from the League of Minnesota Cities regarding recently adopted FDA regulations on tobacco. The FDA regulations preempt local ordinances which contain different regulations. Since the FDA feels that enforcement of local ordinances is an effective way of reducing underage access to tobacco, a waiver process has been developed to re- authorize preempted ordinances. The League is coordinating this waiver process on behalf of cities. It is my understanding from reading the materials submitted by the League that should a waiver be granted by the FDA, the City's ordinance provisions which differ from the FDA's would be re- authorized. Any regulations imposed by the FDA which are not addressed in the City's ordinance would remain in effect. I have compared the City's Tobacco Ordinance with the FDA regulations and have listed below the areas where there are differences between the two: Proof of Age - FDA regulations require retailers to check photographic identification as proof of age for any customer twenty -six years of age or younger. The Little Canada Ordinance has no proof of age requirement. Vending Machines — FDA prohibits vending machines except in locations where persons under 18 are, at all times, prohibited. Little Canada prohibits vending machines unless operable by an electronic switch or token, or in plain view and control of a responsible employee. Self- Service Displays - FDA prohibits self - service displays (sales) except in locations where persons under 18 are, at all times, prohibited. Our ordinance prohibits self - service displays of less than a carton. Page 126