The council members of Del Norte County, California have unanimously approved restrictions on the advertising of tobacco products by retailers. However, they have not halted the ban on flavored tobacco products.
Starting from January 1st, 2023, every retailer selling tobacco products must obtain a tobacco retail license. The retailer must have been in operation starting from July 1st, 2022 in order to apply for the license, which is non-transferable.
The regulation prohibits pharmacies from selling tobacco products and restricts retailers from advertising these products within 500 feet of schools, parks, libraries, or youth centers. According to county officials, retailers must also maintain a 5-foot buffer zone between tobacco advertisements and displays of candy, snacks, and non-alcoholic beverages.
According to Joel Campbell-Blair, the county legal advisor, the license application also includes an application fee, which will be listed separately on the county fee schedule. Despite the unanimous desire of the board to keep children away from tobacco, Gerry Hemmingsen and Darrin Short noted that if California voters approve Proposition 31 in November, retailers will no longer be able to sell flavored tobacco products.
According to Ballotpedia, approving Proposition 31 would support Senate Bill 793, which would ban the sale of flavored tobacco products statewide. If it fails, SB 793 would be overturned and the sale of flavored tobacco would remain legal in California. Hemmingsen noted that if voters support SB 793, the county's ban on flavored tobacco may not have practical significance. He added that he would strongly oppose a county-wide ban on flavored tobacco if it does not extend to businesses on tribal land or within the city of Crescent.
Chris Howard, the supervisor of District 3, has suggested focusing on the "delivery systems," particularly after Amber Wier, the project director of NorCal4Health, learned that an e-cigarette can contain over seven times the amount of nicotine that can cause addiction in young people. Howard stated, "The use of tobacco through traditional smoking methods has been replaced by these new e-cigarettes.
According to Wier, the U.S. Food and Drug Administration is considering establishing a regulatory oversight program for electronic cigarettes. She stated that Del Norte County could obtain a tobacco retail permit from this perspective, but it would require a significant amount of resources. When asked about whether banning flavored electronic cigarettes in the county would cause people to go to tobacco retailers in the city, Wier said that the county's actions may put pressure on Crescent City to make better decisions. She pointed out that the Mendocino County Board of Supervisors banned flavored tobacco, which sparked similar proposals in Ukiah, Willits, and Fort Bragg.
Staki reported that she met with representatives from the county public health department, as well as with Jeff Harris, the principal and head of schools for Del Norte County. While Harris declined to comment on the matter on Tuesday, he did leave the e-cigarette devices with Amira Long, the executive director of First 5 Del Norte, to show to officials. Principal Tony Fabrizio said the devices were confiscated from students at a local high school. "You can see they come in all shapes and sizes. They're puff bars, they can look like USB drives, zip drives, they can look like anything," he said.
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