04-23-1997 Council Agenda - Laserfiche WebLink

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FDA tobacco regulations affect city ordinances Kent Sulent In October 1996, President Clinton signed into law the most restrictive regulations on tobacco ever adopted. Promulgated by the Food and Drug Administration (FDA), these regulations (all 250+ pages of them) seek to reduce youth access to tobacco and underage smoking by restricting a number of practices perceived to influence a minor's decision to smoke. The new rules impose a number of new requirements and restrictions on retailers, ranging from proof of age requirements - -to banning certain types of sales - -to restricting the location of tobacco advertising. In addition, by -- • fireSCUM1=121 Another way to stay in touch Remember, you can reach LMC staff using their e -mail addresses. Staff e -mail and phone numbers are listed in the Directory of Minnesota City Officials and on the LMC home page www.lmnc.org. For more information call the League of Minnesota Cities Communications Team (612) 281 -1200. August 1998, tobacco companies will be barred from brand -name sponsor- ship of sporting and entertainment events. Two of these new federal regula- tions are of immediate importance to cities. Effective February 28, 1997, it will be unlawful for any retailer to sell cigarettes or smokeless tobacco to any person under the age of 18. In addi- tion, retailers will be specifically required to check photographic identification as proof of age for any person under the age of 26. These two regulations give cities additional tools to combat the problem of underage smoking. It is important cities that have adopted their own tobacco ordinances to now update these ordinances to include the new federal regulations. A court challenge has been made to the FDA regulations in the fourth federal district in North Carolina. A hearing was held on Monday, February 10, seeking a preliminary injunction on the enforcement of the two regula- tions set to take effect on February 28. Even if granted, however, the injunc- tion would not apply to Minnesota. It could, however, lead to an injunction by the U.S. Supreme Court, or to local challenges. Further, the ultimate ruling on the FDA's authority to regulate tobacco and whether or not the adopted regulations are constitutional will have a major impact regardless of the final verdict. Cities also need to be aware that the federal statute authorizing the FDA regulations inadvertently created a preemption of some forms of local regulations. It is not, nor has it been, the intent of the FDA to prohibit local regulations. To resolve possible problems, a preemption waiver process is being developed. Unfortunately, final approval has not yet been given, therefore, the League cannot provide any specific information at this time. FDA sources, however, have indicated that a waiver will essentially be automatically granted to any local ordinance that is at least as restrictive, or which is essentially similar to, the new FDA regulations on tobacco. To ease the process, the League is working with the Minnesota Attorney General's office to coordinate all waiver applications. The League will inform cities when the waiver process is ready to begin. In the meantime, cities with existing ordinances should continue to enforce them. and cities considering adopting a new tobacco ordinance should not abandon the process. The FDA recently mailed a preliminary compliance guide for the new regulations to major retailers across the nation. A more comprehen- sive guide is expected to be available this week. The FDA is posting all publications on their Internet site, www.fda.gov. In addition. publications can be ordered by calling (888) FDA - 4KID [(888) 332 - 4543]. The League will continue to monitor all developments and will provide cities with updated informa- tion as it becomes available. In the meantime, the next date to be aware of is August 28, 1997, when the follow- ing regulations become effective: Ban on free samples and the sale of individual cigarettes or packets of fewer than 20. Ban on vending machines and self- service displays, except for limited "adults- only" establishments. Ban on outdoor advertising within 1,000 feet of schools and publicly owned playgrounds. Only black -and -white text advertising allowed for any other outdoor advertising and all point - of -sale advertising. Ban on the sale or giveaway of promotional materials such as caps and gym bags containing product brand names or logos for cigarettes or smokeless tobacco. If you have any questions about the FDA regulations or other issues relating to tobacco and youth access, please call Kent Sulem, LMC Codifi- cation Attorney, at (612) 281 -1245. t • Page 6 FEBRUARY 12, 1997 LMC Cities Bulletin Page 128 4x