CHAPTER 123: ELECTRONIC DELIVERY DEVICE
Section
   123.01   Purpose and intent
   123.02   Definitions
   123.03   Prohibition
   123.04   Other applicable laws
 
   123.99   Penalty
Cross-Reference:
   Tobacco regulations, see Ch. 111
§ 123.01 PURPOSE AND INTENT.
   (A)   Unregulated electronic delivery devices, commonly referred to as electronic cigarettes, or e- cigarettes, closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine or other substances created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA’s testing also suggested that quality control processes used to manufacture these products are inconsistent or non-existent. (“Summary of results: Laboratory analysis of electronic cigarettes conducted by FDA,” Food and Drug Administration (FDA), July 22, 2009.)
   (B)   E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions.
(Ord. 1019, passed 3-18-14)
§ 123.02 DEFINITIONS.
   Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply:
   ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to stimulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. ELECTRONIC DELIVERY DEVICE shall include any component part of such a product, whether or not sold separately. ELECTRONIC DELIVERY DEVICE shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
   USE. The inhaling or exhaling of vapor from any electronic delivery device. USE shall also mean carrying an electronic delivery device that is turned on or otherwise activated.
(Ord. 1019, passed 3-18-14)
§ 123.03 PROHIBITION.
   The use of any electronic delivery device is prohibited anywhere smoking is prohibited by the Minnesota Clean Indoor Air Act.
(Ord. 1019, passed 3-18-14)
Loading...