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1. What is the new law on flavored tobacco products?

On October 20, 2020, the Napa City Council adopted Ordinance O2020-011 prohibiting the sale of flavored tobacco products within the City of Napa limits, with certain exceptions. The new law coincides with State regulation changes effective January 1, 2021 resulting from the adoption of SB 793.

Retailers are now prohibited from the sale or distribution of any flavored tobacco products and flavored cigarettes, including menthol cigarettes. Certain exceptions are allowed for premium cigars, loose leaf tobacco, and hookah products. 

This law affects only retailers – not the use or possession of these products by individuals.

2. When does the flavored tobacco products sales prohibition go into effect?

The law will go into effect on January 1, 2021.

3. Why is the City of Napa enacting this ban?

The new municipal ordinance language mirrors SB 793, which was approved by Governor Newsom in September and will become state law effective January 1, 2021. In addition to mirroring the State law, the City Council supports these restrictions which will help the public health, safety, and welfare of the residents and visitors to the City of Napa. The Council expressed interest in reducing underage tobacco use, including e-cigarette and vaping devices.  

4. Why are flavored tobacco products, including flavored cigarettes, a public health concern?

This law represents an important step in reducing health disparities and smoking incidence rates since the tobacco industry has historically targeted sales of flavored products to youth and communities of color. Most youth who start using tobacco products start with a flavored product. Research shows that the flavors keep people using the product even if they desire to quit. This law was passed to limit youth exposure to flavored tobacco products and to support quitting tobacco product use to reduce the burden of the number one cause of death and disease in the country. 

5. How are “tobacco product” and “characterizing flavor” defined in the law?

Napa Municipal Code 8.20.020 provides the following definitions:

• “Tobacco product” shall have the meaning set forth in California Business and Professions Code Section 22950.5. “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. “Tobacco product” includes any of the following:
  
  A. A product containing, made, or derived from tobacco or nicotine that is intended
  for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
  inhaled, snorted, sniffed, or ingested by any other means, including, but not
  limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
  
  B. An electronic device that delivers nicotine or other vaporized liquids to the person
  inhaling from the device, including, but not limited to, an electronic cigarette,
  cigar, pipe, or hookah.
  
  C. Any component, part, or accessory of a tobacco product, whether or not sold
  separately.
  
  D. A substance regulated by California Penal Code Section 308, including any
  tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of
  tobacco, or any other instrument or paraphernalia that is designed for the
  smoking or ingestion of tobacco, tobacco products, or any controlled substance.
  
  “Characterizing flavor” means a distinguishable taste or aroma, or both, other than the
  taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by
  the tobacco product. Characterizing flavors include, but are not limited to, tastes or
  aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
  beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be
  determined to have a characterizing flavor solely because of the use of additives or
  flavorings or the provision of ingredient information. Rather, it is the presence of a
  distinguishable taste or aroma, or both, as described in the first sentence of this
  definition, that constitutes a characterizing flavor.

6. What is a flavored tobacco product?

Flavored tobacco product means any product that contains a constituent that imparts a characterizing flavor.

7. Which flavored products fall into the exemption category?

Ordinance 0202-011 allows for exceptions to the prohibition of flavored tobacco products for specific products. These are limited to:

• Flavored shisha tobacco products sold by a hookah tobacco retailer meeting State licensing and other requirements
• Premium cigars meaning those that are handmade, not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
• Loose leaf tobacco

8. How will this new law be enforced?

Retailers should note that compliance with State law for flavored tobacco sale restrictions will result in compliance with the Napa Municipal Code as well. 

Additionally, the City of Napa’s goal is compliance on all Municipal Code requirements, and will work in partnership with retailers to meet these new requirements. The new code does allow the City to enforce the provisions with methods including administrative penalties and citations if necessary. 

9. Where can I go for more information on this new ordinance?

You can view the full ordinance text here.