(a) Credible studies have demonstrated that there are health concerns regarding the use of electronic smoking devices by users of the devices and bystanders.
(b) The Centers for Disease Control and Prevention has reported that from 2011-2012, the use of electronic cigarettes by U.S. middle and high school students more than doubled.
(c) Despite the potential use of electronic smoking devices as an aid to quitting smoking, the products are not approved by the U.S Food and Drug Administration (FDA) for smoking cessation or treatment of any health concerns. An analysis by the FDA found that e-cigarettes do contain carcinogens, including nitrosamines as well as toxic chemicals such as diethylene glycol. Although electronic smoking devices do not produce the same smoke as conventional tobacco product cigarettes, they do produce a cloud of vapors containing unknown substances and sometimes produce unpleasant odors. The possible health effects of bystanders breathing or absorbing these vapors through their skin is unknown.
(d) Nicotine is contained in most electronic smoking devices. Nicotine is a highly addictive neurotoxin included in the Proposition 65 list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity and is known to cause birth defects. Nicotine is a component of the emissions from electronic smoking devices containing nicotine and involuntarily exposes non-users to nicotine.
(e) Scientific studies and FDA testing demonstrated that the solutions in electronic smoking devices contained toxic chemicals and that labelling often misrepresented nicotine content contained in the devices.
(f) There are products approved by the FDA for smoking cessation. To date, scientific studies have not demonstrated the benefit of electronic smoking devices for smoking cessation and these devices are not approved by the FDA for smoking cessation.
(g) With certain exceptions, state law prohibits smoking inside an enclosed space at a place of employment.
(h) The use of electronic smoking devices in locations where the smoking of tobacco is prohibited may cause confusion and uncertainty, and make it more difficult to enforce smoke free environments and other prohibitions on smoking tobacco.
(i) It is the intent of the County Board of Supervisors in enacting the Ordinance that adds this Chapter to the County Code of Regulatory Ordinances to provide for the public health, safety and welfare, by prohibiting the use of electronic smoking devices in the unincorporated area of the County in locations where state law or regulation prohibits the use and smoking of tobacco products.
(Added by Ord. No. 10339 (N.S.), effective 6-19-14)