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CC SR 20200804 D - SB793 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/04/2020 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to authorize the Mayor to sign a letter in support of SB 793. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter in support of SB 793 to prohibit the retail sale of flavored tobacco products. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Megan Barnes, Senior Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft letter in support of SB 793 (page A-1) B. SB 793 Fact Sheet (page B-1) C. Text of SB 793 (as amended July 27, 2020) (page C-1) D. PVPUSD California Healthy Kids Survey data (Page D-1) BACKGROUND AND DISCUSSION: In response to an alarming rise in vaping among teens, in January 2020, Senator Jerry Hill of San Mateo introduced legislation that would ban the retail sale of flavored tobacco products across the state. Senate Bill No. 793 would prohibit retailers from selling flavored e-cigarettes, e-pipes, and other vaping devices, as well as flavored smokable and non-smokable tobacco products, such as cigars, cigarillos, pipe tobacco, chewing tobacco, snuff, and tobacco edibles. The bill would also prohibit the sale of “flavor enhancer” e-liquids sold separately from e-cigarettes to enhance or add candy, fruit, menthol, or other flavors. 1 The bill would establish a civil penalty of $250 per violation, and would not prevent local jurisdictions from enacting stricter prohibitions on the sale of flavored tobacco products. SB 793 follows previous legislation authored by Senator Hill in 2018, SB 38, which was ultimately withdrawn because numerous revisions weakened it. SB 793 passed the Senate in June after it was amended to exempt hookah products. The bill is now in the Assembly. SB 793 is supported by a coalition of health, youth, and community advocates, and is opposed by tobacco retailers and the e-cigarette industry. For some background on the prevalence of teen vaping, in November 2018, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) released data showing more than 3.6 million middle and high school students are using e-cigarettes — an increase of 1.5 million compared to 2017 and almost 13 times higher than the number of youths using e-cigarettes in 2011 (Attachment B). The growth between 2017 and 2018 amounted to a 78% increase in e- cigarette use by high school students and a 48% increase by middle school students. By 2018, one in five high school students were using e-cigarettes and one in 20 middle school students were doing the same. The year-over-year spike in e-cigarette use also drove up the use of tobacco products overall to almost 4.9 million students in 2018. These rates continued to rise in 2019, with the overwhelming majority of youths citing the use of popular fruit and menthol or mint flavors. According to data released by FDA and CDC, there are now 5.3 million young Americans who vape regularly, an increase of 1.7 million youth compared to 2018. A 2015 study led by the FDA researchers showed that 80% of young people who have ever used tobacco started with a flavored product. Flavored cigarettes, except for menthol, are banned under federal law, but these rules do not apply to other tobacco products, such as e-cigarettes, cigars, and cigarillos. As a result, a variety of flavored tobacco products, such as cotton candy, bubble gum, and mango, are widely available. These products often mimic popular candies, drinks, or snacks in both packaging and flavor, making them particularly appealing to youths. Locally, according to the California Healthy Kids Survey, in the 2018-19 school year, 23% of Palos Verdes Peninsula Unified eleventh graders reported using e-cigarettes on one or more days in the past month — an increase of 8% since 2013-14. Usage increased from 6% of ninth graders in 2013-14 to 11% in 2018-19 and hovered from 1- 2% among seventh graders. Due to these trends, both nationally and locally, Staff recommends the City Council authorize the Mayor to sign a letter to Senator Hill, as drafted, or with revisions, supporting SB 793. ALTERNATIVES: 2 In addition to the Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Identify revised language to add to the letter. 2. Do not authorize the Mayor to sign the letter. 3. Take other action as deemed appropriate by the City Council. 3 August 4, 2020 Via Email The Honorable Jerry Hill California State Senate State Capitol, Rm. 5035 Sacramento, CA 95814 SUBJECT: Notice of Support for SB 793 Dear Senator Hill: The City of Rancho Palos Verdes supports SB 793, which would ban the sale of flavored tobacco products and protect youths from the harms of nicotine addiction. Citing an alarming rise in e-cigarette use among youths, the U.S. Food and Drug Administration (FDA) and the U.S. Centers for Disease Control and Prevention (CDC) released a report in November 2018 showing that more than 3.6 million middle and high school students were using e-cigarettes. By 2018, one in five high school students were using e-cigarettes and one in 20 middle school students were doing the same. The disturbing rates of teen e-cigarette use continued to rise in 2019 with the overwhelming majority of youths citing the use of popular fruit and menthol or mint-flavored products. According to data released by the FDA and CDC, there are now 5.3 million young Americans who use e-cigarettes regularly. Eighty percent of young people who have ever used tobacco started with a flavored product. These products often mimic popular candies, drinks, or snacks in both packaging and flavor, making them particularly appealing to youths. A variety of flavored tobacco products, such as cotton candy, bubble gum, and mango are widely available on retail shelves. In 2018, the CDC found that 67 % of high school students and 49% of middle school students who used tobacco products in the past 30 days reported using a flavored tobacco product during that time. According to the California Healthy Kids Survey, in the 2018-19 school year, 23% of eleventh graders in our local school district, Palos Verdes Peninsula Unified, reported using e-cigarettes on one or more days in the past month — an increase of 8% since 2013-14, and usage increased from 6% of ninth graders in 2013-14 to 11% in 2018-19. A-1 Senator Jerry Hill August 4, 2020 Page 2 With the recent surge in youth tobacco usage and associated public health risks, California needs to take action. While the FDA recently announced a partial ban on certain flavored electronic cigarette products, its action does not go far enough to protect the health and safety of California children and youth by making dangerous exemptions. For these reasons, the City of Rancho Palos Verdes supports SB 793. Sincerely, John Cruikshank Mayor cc: Assemblymember Jim Wood, Chair, Health Committee Ben Allen, Senator, 26th State Senate District Al Muratsuchi, Assembly Member, 66th Assembly District Jeff Kiernan, League of California Cities Meg Desmond, League of California Cities Marcel Rodarte, California Contract Cities Association Rancho Palos Verdes City Council Ara Mihranian, City Manager Karina Bañales, Deputy City Manager A-2 Page 1 of 4 SB 793 – Protecting Youth from Flavored E-Cigarettes and Tobacco Products IN BRIEF SB 793 will prohibit the retail sale of flavored tobacco products – including flavored electronic cigarettes – to address an unprecedented surge in youth nicotine consumption. SURGE IN YOUTH TOBACCO USE Citing an alarming rise in e-cigarette use among youth the U.S. Food and Drug Administration (FDA) and the U.S. Centers for Disease Control and Prevention released a report in November 2018 showing that more than 3.6 million middle and high school students are using e-cigarettes. This is an increase of 1.5 million compared to 2017 and almost 13 times higher than the number of youth using e-cigarettes in 2011.1 The stunning growth between 2017 and 2018 amounted to a 78 percent increase in e-cigarette use by high school students and a 48 percent increase by middle school students. By 2018, 1 in 5 high school students were using e-cigarettes and 1 in 20 middle school students were doing the same.2 The year-over-year spike in e- cigarette use also drove up use of tobacco products overall to almost 4.9 million students in 2018, erasing decades of declining youth tobacco use.3 The disturbing rates of teen e-cigarette use continued to rise in 2019 with the overwhelming majority of youth citing use of popular fruit and menthol or mint flavors.4 According to data released by FDA and CDC, there are now 5.3 million young Americans who vape regularly, an increase of 1.7 million youth compared to 2018.5 Image Source: FDA - 2019 National Youth Tobacco Survey HEALTH IMPACTS Flavored tobacco products are a gateway to harder nicotine use. 80 percent of young people who have ever used tobacco started with a flavored product.6 Flavored cigarettes, except for menthol, are banned under Federal Law, but these rules do not apply to other tobacco products like e-cigarettes, cigars, and cigarillos. As a result, a variety of flavored tobacco products like cotton candy, bubble gum, and mango are widely available. These products often mimic popular candies, drinks, or snacks in both packaging and flavor, making them particularly appealing to youth. Candy or Tobacco? Image Source: Campaign for Tobacco Free Kids Flavors mask the naturally harsh taste of tobacco, making these products easier to use and more appealing to youth. 7 Not only are flavored tobacco products more appealing, but the presence of flavors in tobacco products like menthol make it more difficult for users to quit.8 Prohibiting the sale of flavored products, including menthol, is also a social justice issue. Targeted marketing to communities of color, low income communities, and LGBTQ communities adds to the health disparities in populations already impacted by social inequities. African American neighborhoods have disproportionately higher numbers of tobacco retailers and tobacco marketing, particularly of menthol products.9 Flavored e-cigarettes are falsely marketed as a “safe tobacco alternative,” yet they pose a significant public health risk, particularly to youth. One vape pod from JUUL, a leading e-cigarette manufacturer, is equivalent to the nicotine in 20 cigarettes.10 Exposure to nicotine during adolescence can harm brain development and predispose youth to future tobacco use.11 Senator Jerry Hill, 13th Senate District B-1 Page 2 of 4 Image Source: Campaign for Tobacco Free Kids Kids who use e-cigarettes are more likely to begin smoking traditional cigarettes as well as increase the frequency and intensity of smoking and vaping.12 “These results bolster findings for vaping as a one-way bridge to cigarette smoking among adolescents,” said the authors of the study.13 “To the best of our knowledge, the risk for future cigarette smoking is currently one of the strongest, scientific-based rationales for restricting youth access to e-cigarettes.”14 “These results bolster findings for vaping as a one-way bridge to cigarette smoking among adolescents.” - Richard Miech, MPH, PhD, University of Michigan A growing body of evidence suggests that teens are more likely to use flavored e-cigarettes than adults. One model even found that for every adult who quits smoking using e-cigarettes, 80 additional youth initiate daily tobacco use through e-cigarettes.15 The American College of Cardiology found that compared with nonusers, e-cigarette users were 56 percent more likely to have a heart attack and 30 percent more likely to suffer a stroke. E-cigarette users were also twice as likely to suffer from depression, anxiety, and other emotional problems.16 The first long-term study on the health effects of using e-cigarettes found that they significantly increase the risk of developing chronic lung disease.17 Image Source: Parents Against Vaping E-Cigarettes CURRENT LAW __ Flavored cigarettes, except for menthol, are banned under Federal Law, but these rules do not apply to other tobacco products. In 2016, California enacted the Stop Tobacco Access to Kids Enforcement Act, which regulates e-cigarettes in the same manner as other tobacco products and prohibits the sale of any tobacco products to a person under 21 years of age. On January 2, 2020 the FDA announced a plan to restrict the sale of flavored cartridge-based e-cigarettes. Unfortunately, The Trump Administration’s policy exempts all menthol and tobacco flavored e-cigarettes and only restricts flavors in some cartridge-based e- cigarettes, leaving flavored e-liquids in every imaginable flavor widely available. While there is no state law restricting the sale of flavored tobacco products, nearly 80 California local governments have taken action to restrict youth access to flavored tobacco products. THE SOLUTION Under SB 793, retail stores and vending machines in California would be prohibited from selling flavored tobacco products. The legislation covers flavored e- cigarettes, e-hookahs, e-pipes, and other vaping devices as well as flavored smokable and nonsmokable tobacco products, such as cigars, cigarillos, pipe tobacco, chewing tobacco, snuff, and tobacco edibles. SB 793 would also prohibit the sale of “flavor enhancer,” e-liquids sold separately from e-cigarettes to enhance or add candy, fruit, menthol, or other flavors. Flavor enhancers are used to make DIY vape juices and undermine local and federal tobacco control policies. Tobacco retailers that violate the law would face a civil penalty of $250 per violation. SB 793 creates a threshold for restrictions and prohibitions regarding tobacco product sales and would not prevent local jurisdictions from taking further steps. B-2 Page 3 of 4 SUPPORT  Lieutenant Governor Eleni Kounalakis (Cosponsor)  American Cancer Society Cancer Action Network (Cosponsor)  American Heart Association (Cosponsor)  American Lung Association (Cosponsor)  Campaign for Tobacco Free Kids (Cosponsor)  Common Sense (Cosponsor)  State Superintendent of Public Instruction, Tony Thurmond  African American Tobacco Control Leadership Council  African Communities Public Health Coalition  American Academy of Pediatrics, California Chapter  American College of Cardiology, California Chapter  Americans for Nonsmokers’ Rights  Anti-Vaping Alliance  Association of California Healthcare Districts  Association of California School Administrators  Association of Northern California Oncologists  Black Arts Los Angeles, Inc  Black Caucus of Health Workers  Breast Cancer Prevention Partners  BREATHE California of Los Angeles County  BREATHE California, Sacramento Region  Butte County Department of Public Health  California Academy of Child and Adolescent Psychiatry  California Academy of Family Physicians  California Academy of Preventive Medicine  California Alliance of Boys and Girls Clubs  California Alliance of YMCAs  California Black Health Network  California Children’s Hospital Association  California Dental Association  California Emergency Nurses Association  California Medical Association  California Optometric Association  California Pan-Ethnic Health Network  California School Boards Association  California School-Based Health Alliance  California Society of Addiction Medicine  California State Parent Teacher Association  CALPIRG  Change for Justice  City of Alameda  City of Berkeley  City of Beverly Hills  City of Encinitas  City of Oakland  City of Orinda  City of Palo Alto  City of San Jose  City of San Leandro  City of San Pablo  Community Action Service Advocacy  Coastal Communities Drug Free Coalition  County Health Executives Association of California  County of Alameda  County of Contra Costa  County of Lake Health Services Department  County of Los Angeles  County of San Bernardino  County of San Diego  County of San Mateo  County of Santa Clara  County of Solano  CVS Health  Cynthia Perry Ray Foundation  Emphysema Foundation of America  Equality California  First 5 Association of California  Flavors Addict Kids – Livermore  The G.R.E.E.N. Foundation  Green Technical Education and Employment  Health Access  Health Officers Association of California  International Youth Tobacco Control  Kaiser Permanente  L.A. Families Fighting Flavored Tobacco  Latino Coalition for a Health California  Los Angeles Unified School District  Lucile Packard Children's Hospital Stanford  Medical Oncology Association of Southern California  Parents Against Teens Vaping E-Cigarettes (PAVE)  Providence St. Joseph Health  Public Health Advocates  Public Health Institute  Redwood City  San Bernardino County District Advocates for Better Schools  San Diego Unified School District B-3 Page 4 of 4  San Francisco Bay Area Pediatric Nurse Practitioner Association  San Marcos Prevention Coalition  San Mateo County Office of Education  Santa Cruz County Tobacco Education Coalition  Sierra Club  Siskiyou County Public Health  Thirdhand Smoke Research Center  Tobacco Education and Research Oversight Committee  USC Health, Emotion, and Addiction Laboratory  Vista Community Clinic  Wellness & Prevention Center FOR MORE INFORMATION Jano Dekermenjian 916-651-4013 Jano.Dekermenjian@sen.ca.gov 1 Cullen KA, Ambrose BK, Gentzke AS, Apelberg BJ, Jamal A, King BA. Notes from the Field: Use of Electronic Cigarettes and Any Tobacco Product Among Middle and High School Students — United States, 2011–2018. MMWR Morb Mortal Wkly Rep 2018;67:1276– 1277. DOI: http://dx.doi.org/10.15585/mmwr.mm6745a5 2 Ibid. 3 Ibid. 4 U.S. Department of Health and Human Services. Press Release. “Trump Administration Combating Epidemic of Youth E -Cigarette Use with Plan to Clear Market of Unauthorized, Non -Tobacco-Flavored E-Cigarette Products.” 11 Sep 2019. https://www.hhs.gov/about/news/2019/09/11/trump-administration-combating-epidemic-youth-ecigarette-use-plan-clear-market.html 5 Cullen KA, Gentzke AS, Sawdey MD, et al. e -Cigarette Use Among Youth in the United States, 2019. JAMA. Published online November 05, 2019. doi:https://doi.org/10.1001/jama.2019.18387 6 California Department of Public Health. The Truth about Flavored Tobacco Info Graphic. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/Policy/FlavoredTobaccoAndMenthol/FinalFl avoredTobaccoInfographic.pdf. 7 King, B. A., et al. “Flavored Cigar Smoking Among U.S. Adults: Findings From the 2009 -2010 National Adult Tobacco Survey.” Nicotine & Tobacco Research, vol. 15, no. 2, 2012, pp. 608–614., doi:10.1093/ntr/nts178. 8 Delnevo, Cristine D, et al. “Smoking-Cessation Prevalence Among U.S. Smokers of Menthol Versus Non-Menthol Cigarettes.” American Journal of Preventative Medicine, vol. 41, no. 4, Oct. 2011, pp. 357–365., www.sciencedirect.com/science/article/pii/S0749379711004624?via=ihub. 9 Lee, Joseph G. L., et al. “A Systematic Review of Neighborhood Disparities in Point -of-Sale Tobacco Marketing.” American Journal of Public Health, vol. 105, no. 9, Sept. 2015, doi:10.2105/ajph.2015.302777. 10 Truth Initiative. “6 Important Facts about JUUL.” Truth Initiative, Truth Initiative, 29 Aug. 2018, truthinitiative.org/news/6-important- facts-about-juul. 11 Goriounova, N. A., and H. D. Mansvelder. “Short - and Long-Term Consequences of Nicotine Exposure during Adolescence for Prefrontal Cortex Neuronal Network Function.” Cold Spring Harbor Perspectives in Medicine, vol. 2, no. 12, 2012, doi:10.1101/cshperspect.a012120. 12 Miech, Richard, et al. “E-Cigarette Use as a Predictor of Cigarette Smoking: Results from a 1-Year Follow-up of a National Sample of 12th Grade Students.” Tobacco Control, vol. 26, no. e2, Jun. 2017, doi:10.1136/tobaccocontrol-2016-053291. 13 Ibid. 14 Ibid. 15 Soneji, Samir S., et al. “Quantifying Pop ulation-Level Health Benefits and Harms of e-Cigarette Use in the United States.” Plos One, vol. 13, no. 3, 2018, doi:10.1371/journal.pone.0193328. 16 “E-Cigarettes Linked to Heart Attacks, Coronary Artery Disease and Depression.” 7 Mar. 2019, www.acc.org/about -acc/press- releases/2019/03/07/10/03/ecigarettes-linked-to-heart-attacks-coronary-artery-disease-and-depression. 17 Bhatta, Dharma N., and Stanton A. Glantz. “Association of E-Cigarette Use With Respiratory Disease Among Adults: A Longitudinal Analysis.” American Journal of Preventive Medicine, 2019, doi:10.1016/j.amepre.2019.07.028. B-4 AMENDED IN ASSEMBLY JULY 27, 2020 AMENDED IN SENATE JUNE 18, 2020 AMENDED IN SENATE MAY 5, 2020 SENATE BILL No. 793 Introduced by Senators Hill, Glazer, McGuire, Pan, Skinner, and Wiener (Principal coauthor: Senator Durazo) (Principal coauthors: Assembly Members Bauer-Kahan, Berman, Bloom, Gonzalez, McCarty, Muratsuchi, Robert Rivas, and Wood) (Coauthors: Senators Allen, Archuleta, Beall, Caballero, Dodd, Lena Gonzalez, Hertzberg, Jackson, Leyva, Monning, Nielsen, Portantino, and Rubio) (Coauthors: Assembly Members Boerner Horvath, Bonta, Chiu, Chu, Cooley, Frazier, Cristina Garcia, Holden, Levine, Limón, Low, Mullin, O’Donnell, Petrie-Norris, Quirk-Silva, Luz Rivas, Blanca Rubio, Santiago, Mark Stone, Ting, and Wicks) January 6, 2020 An act to add Article 5 (commencing with Section 104559.5) to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, relating to tobacco products. legislative counsel’s digest SB 793, as amended, Hill. Flavored tobacco products. Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, 96 C-1 on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions not be construed to preempt or prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. The bill would state that its provisions are severable. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Article 5 (commencing with Section 104559.5) line 2 is added to Chapter 1 of Part 3 of Division 103 of the Health and line 3 Safety Code, to read: line 4 line 5 Article 5. Tobacco Sale Prohibition line 6 line 7 104559.5. (a)  For purposes of this section, the following line 8 definitions apply: line 9 (1)  “Characterizing flavor” means a distinguishable taste or line 10 aroma, or both, other than the taste or aroma of tobacco, imparted line 11 by a tobacco product or any byproduct produced by the tobacco line 12 product. Characterizing flavors include, but are not limited to, line 13 tastes or aromas relating to any fruit, chocolate, vanilla, honey, line 14 candy, cocoa, dessert, alcoholic beverage, menthol, mint, line 15 wintergreen, herb, or spice. A tobacco product shall not be line 16 determined to have a characterizing flavor solely because of the 96 — 2 — SB 793 C-2 line 1 use of additives or flavorings or the provision of ingredient line 2 information. Rather, it is the presence of a distinguishable taste or line 3 aroma, or both, as described in the first sentence of this definition, line 4 that constitutes a characterizing flavor. line 5 (2)  “Constituent” means any ingredient, substance, chemical, line 6 or compound, other than tobacco, water, or reconstituted tobacco line 7 sheet, that is added by the manufacturer to a tobacco product during line 8 the processing, manufacture, or packing of the tobacco product. line 9 (3)  “Flavored shisha tobacco product” means any shisha tobacco line 10 product that contains a constituent that imparts a characterizing line 11 flavor. line 12 (4)  “Flavored tobacco product” means any tobacco product that line 13 contains a constituent that imparts a characterizing flavor. line 14 (5)  “Hookah” means a type of waterpipe, used to smoke shisha line 15 or other tobacco products, with a long flexible tube for drawing line 16 aerosol through water. Components of a hookah may include heads, line 17 stems, bowls, and hoses. line 18 (6)  “Hookah tobacco retailer” means a tobacco retailer that is line 19 engaged in the retail sale of shisha tobacco products, hookah, and line 20 hookah smoking accessories. line 21 (7)  “Labeling” means written, printed, pictorial, or graphic line 22 matter upon a tobacco product or any of its packaging. line 23 (8)  “Packaging” means a pack, box, carton, or container of any line 24 kind, or, if no other container, any wrapping, including cellophane, line 25 in which a tobacco product is sold or offered for sale to a consumer. line 26 (9)  “Retail location” means both of the following: line 27 (A)  A building from which tobacco products are sold at retail. line 28 (B)  A vending machine. line 29 (10)  “Sale” or “sold” means a sale as that term is defined in line 30 Section 30006 of the Revenue and Taxation Code. line 31 (11)  “Shisha tobacco product” means a tobacco product smoked line 32 or intended to be smoked in a hookah. “Shisha tobacco product” line 33 includes, and may be referred to as, hookah tobacco, waterpipe line 34 tobacco, maassel, narghile, and argileh. “Shisha tobacco product” line 35 does not include any electronic devices, such as an electronic line 36 hookah, electronic cigarette, or electronic tobacco product. line 37 (12)  “Tobacco product” means a tobacco product as defined in line 38 paragraph (8) of subdivision (a) of Section 104495, as that line 39 provision may be amended from time to time. 96 SB 793 — 3 — C-3 line 1 (13)  “Tobacco product flavor enhancer” means a product line 2 designed, manufactured, produced, marketed, or sold to produce line 3 a characterizing flavor when added to a tobacco product. line 4 (14)  “Tobacco retailer” means a person who engages in this line 5 state in the sale of tobacco products directly to the public from a line 6 retail location. “Tobacco retailer” includes a person who operates line 7 vending machines from which tobacco products are sold in this line 8 state. line 9 (b)  (1)  A tobacco retailer, or any of the tobacco retailer’s agents line 10 or employees, shall not sell, offer for sale, or possess with the line 11 intent to sell or offer for sale, a flavored tobacco product or a line 12 tobacco product flavor enhancer. line 13 (2)  There shall be a rebuttable presumption that a tobacco line 14 product is a flavored tobacco product if a manufacturer or any of line 15 the manufacturer’s agents or employees, in the course of their line 16 agency or employment, has made a statement or claim directed to line 17 consumers or to the public that the tobacco product has or produces line 18 a characterizing flavor, including, but not limited to, text, color, line 19 images, or all, on the product’s labeling or packaging that are used line 20 to explicitly or implicitly communicate that the tobacco product line 21 has a characterizing flavor. line 22 (c)  Subdivision (b) shall not apply to the sale of flavored shisha line 23 tobacco products by a hookah tobacco retailer if all of the following line 24 conditions are met: line 25 (1)  The hookah tobacco retailer has a valid license to sell line 26 tobacco products issued pursuant to Chapter 2 (commencing with line 27 Section 22971.7) of Division 8.6 of the Business and Professions line 28 Code. line 29 (2)  The hookah tobacco retailer does not permit any person line 30 under 21 years of age to be present or enter the premises at any line 31 time. line 32 (3)  The hookah tobacco retailer shall operate in accordance with line 33 all relevant state and local laws relating to the sale of tobacco line 34 products. line 35 (4)  If consumption of tobacco products is allowed on the line 36 premises of the hookah tobacco retailer, the hookah tobacco retailer line 37 shall operate in accordance with all state and local laws relating line 38 to the consumption of tobacco products on the premises of a line 39 tobacco retailer, including, but not limited to, Section 6404.5 of line 40 the Labor Code. 96 — 4 — SB 793 C-4 line 1 (d)  A tobacco retailer, or agent or employee of a tobacco retailer, line 2 who violates this section is guilty of an infraction and shall be line 3 punished by a fine of two hundred fifty dollars ($250) for each line 4 violation of this section. line 5 (e)  This section does not preempt or otherwise prohibit the line 6 adoption of a local standard that imposes greater restrictions on line 7 the access to tobacco products than the restrictions imposed by line 8 this section. To the extent that there is an inconsistency between line 9 this section and a local standard that imposes greater restrictions line 10 on the access to tobacco products, the greater restriction on the line 11 access to tobacco products in the local standard shall prevail. line 12 SEC. 2. The provisions of this act are severable. If any line 13 provision of this act or its application is held invalid, that invalidity line 14 shall not affect other provisions or applications that can be given line 15 effect without the invalid provision or application. line 16 SEC. 3. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 the only costs that may be incurred by a local agency or school line 19 district will be incurred because this act creates a new crime or line 20 infraction, eliminates a crime or infraction, or changes the penalty line 21 for a crime or infraction, within the meaning of Section 17556 of line 22 the Government Code, or changes the definition of a crime within line 23 the meaning of Section 6 of Article XIIIB of the California line 24 Constitution. O 96 SB 793 — 5 — C-5 Follow Steps 1-5 below to select the categories to be displayed on the charts. Step 1: Choose District or State Palos Verdes Peninsula Unified Step 2: Choose Domain Substance Use and Mental Health Step 3: Choose Measure Current electronic cigarette use Step 4: Choose Student Characteristic All Students Afterschool Participation English Language Proficiency Free/Reduced-price Meal Eligi.. Gender Gender Identity Living Situation Parent/Guardian Military Stat.. Parental Education Race/Ethnicity Sexual Orientation Step 5: Select the Most Recent view or the Trends Over Time view by clicking on the corresponding tab in the upper left corner of the dashboard. '14 '15 '16 '17 '18 '19 All Students 2%1%1%2% '14 '15 '16 '17 '18 '19 9%9% 6% 11% '14 '15 '16 '17 '18 '19 22% 15% 23% 14% '14 '15 '16 '17 '18 '19 50% Palos Verdes Peninsula Unified | Trends Over Time Current electronic cigarette use | One or more days in the past 30 days Results based on: All Students Grade 7 Grade 9 Grade 11 Non. Trad. D-1