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Public Health <br />good Law Center <br />nr Pon unn< mina a u. Cou"n GI I Rw <br />Improving health through the power of law <br />ELECTRONIC DELIVERY DEVICE SAMPLE LANGUAGE FOR LOCAL <br />GOVERNMENT REGULATION <br />The Public Health Law Center has developed the following sample language regarding <br />regulation of electronic delivery devices in Minnesota under local tobacco retailer license <br />ordinances and local smoke -free workplace ordinances. The Public Health Law Center /League <br />of Minnesota Cities (PHLC /LMC) Model Tobacco Licensing Ordinance was used as the starting <br />point /template for drafting purposes, such that the new sample language would amend the model <br />ordinance. <br />Please note that the Public Health Law Center provides information and legal technical <br />assistance on issues related to public health, but does not provide legal advice, and does not <br />enter into attorney - client relationships. <br />Sample language for a tobacco retailer license ordinance: <br />Definition section: <br />Electronic Delivery Devices: The sample language would delete the model ordinance definition <br />of "nicotine or lobelia delivery device" and add a broader definition of an "electronic delivery <br />device" to include all such products no matter what their foam (electronic cigarettes, cigars, <br />pipes), as well as component parts (heating elements /cartridges), which can used independently <br />by a person to inhale vapors. The definition would continue to exclude any product that is FDA - <br />approved for cessation treatment or other medical purposes. <br />Suhd. XX. Electronic Delivery Device. "Electronic Delivery Device" shall mean any product <br />containing or delivering nicotine, lobelia, or any other substance intended for human <br />consumption that can be used by a person to simulate smoking in the delivery of nicotine or any <br />other substance through inhalation of vapor from the product. Electronic delivery device shall <br />include any component part of such a •roduct whether or not sold se,aratel . Electronic delive <br />device shall not include any product that has been approved or otherwise certified by the United <br />States Food and Drug Administration for legal sales for use in tobacco cessation treatment or <br />other medical purposes, and is being marketed and sold solely for that approved purpose. <br />Smoking: The sample language would modify the model ordinance definition of "smoking" to <br />specifically include inhaling and exhaling vapor front an electronic delivery device. <br />Subd. XX. Smoking. "Smoking" shall mean inhaling or exhaling smoke from any lighted or <br />heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product, or inhaling <br />or exhalin_ va or from an electronic deliver device. Smoking shall include carrying a lighted <br />or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended <br />for inhalation. <br />Publi:: Iicahb Lem Cooler - R75 S"uuni1 Avenue • Rain) Pawl, hlinnestne 55105 USA <br />'Fe): 051.290.7500 • Fcx: 051.290.7.515. ,wrw.publichealthh weetnee01g <br />6 <br />