04-23-1997 Council Agenda - Laserfiche WebLink

Home Browse Search

League of Minnesota Cities Cities promoting excellence .,n,7 145 University Avenue West, St. Paul, MN 55103 -2044 Phone: (612) 281-1200 • (800) 925 -1122 Fax: (612) 281 -1299 • TDD (612) 281 -1290 April 2, 1997 To: Cities with "High- Risk" Tobacco Ordinances From: League of Minnesota Cities Re: FDA Preemption Waiver Dear City Official: As you are most likely aware, the recently adopted FDA regulations on tobacco have the effect of preempting local ordinances that regulate in a different manner those items specifically regulated by the FDA regulations. As the FDA recognizes that enforcement of local ordinances is one of the most effective means of reducing underage access to tobacco, a waiver process has been developed to re- authorize otherwise preempted ordinances. The League of Minnesota Cities and the Minnesota Attorney General's office have developed a coordinated waiver application process. As part of this process, a waiver application was developed by the League with the assistance of Bob Kline of the Tobacco Control Resource Center. In addition, using the results of a recent survey conducted by the Minnesota Department of Health, cities with ordinances appearing to contain preempted provisions were identified to receive a direct mailing of this waiver application. Your city is on this list. Therefore, enclosed please find a copy of the waiver application, a model cover letter, and a set of instructions on how to complete the application. If your city would like to participate in the coordinated application process, please complete the enclosed application, make the required number of copies, and return the application packet to the League as directed in the enclosed instruction pages. Because the waiver application is a formal document, cities should authorize their participation in the process by adopting a resolution to that effect. Completed applications and the supporting documentation must be received in the League's offices no later than Thursday, May 1, 1997. Any application received after that date will not be included in the coordinated mailing and will likely miss the FDA imposed deadline of May 7, 1997 for priority review. This could have the effect of blocking enforcement of the local ordinance until such later date as a waiver can be obtained. If your city has questions about the type of ordinance provisions that are actually preempted by the FDA regulations, please contact the League of Minnesota Cities or see the February 12 and March 5 editions of the Minnesota Cities Bulletin, as well as the waiver application itself. AN EQUAL OPPC Page 130 ON EMPLOYER