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Public Health <br />Law Centex Improving health through the power of law <br />AT WILLIAM AIITCHRL COLLEGE 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 form (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 />Subd 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 />L1li1LILLV [Ell VVla vaay..r ».. �— �— <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 from 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 exhaling vapor fiom any electronic delivery 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 />P"blic Heullb LaW Cutter R755unutut AvenueStinC Pnul, blinne>otn 55105 USA <br />T,L• 651.290.7506• Eu: 651.290.7515- mwrpublichealtLlmvE ntu:org <br />