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10/5/2015 9:28:46 AM
Electronic Nicotine Delivery Devices
State Filed Date
Merchandising of Tobacco Products
Official Document Type
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ORDINANCE NO. 2013 - 016 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA CONCERNING ELECTRONIC <br />NICOTINE DELIVERY DEVICES, AMENDING SECTION 313.02 <br />(DEFINITIONS) OF CHAPTER 313 (MERCHANDISING OF TOBACCO <br />PRODUCTS) TO DEFINE ELECTRONIC NICOTINE DELIVERY <br />DEVICES AND TO APPLY THE REGULATIONS ON THE SALE OF <br />TOBACCO PRODUCTS TO ELECTRONIC NICOTINE DELIVERY <br />DEVICES, AND MAKING FINDINGS AND PROVIDING FOR <br />SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. <br />WHEREAS, new unregulated high-tech electronic nicotine delivery devices, often <br />containing a combination of pure nicotine, which are commonly referred to as electronic <br />cigarettes or e -cigarettes, have recently been made available to consumers; and <br />WHEREAS, these devices closely resemble and mimic smoking with users inhaling <br />vaporized liquid nicotine; and <br />WHEREAS, nicotine is a known neurotoxin that is also one of the most highly addictive <br />substances available for public consumption; and <br />WHEREAS, the nicotine content in electronic nicotine delivery devices is unknown; and <br />WHEREAS, the appeal of these electronic nicotine delivery devices can lead young <br />people into a lifetime of nicotine addiction; and <br />WHEREAS, young people who become addicted to nicotine can then become likely to <br />utilize more traditional forms of smoking such as cigarettes; and <br />WHEREAS, electronic nicotine delivery devices are not currently regulated by the <br />United States Food and Drug Administration; and <br />WHEREAS, it is necessary for the Board of County Commissioners to regulate the <br />access of young people to electronic nicotine delivery devices similar to ways that access to <br />other tobacco products is regulated. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: <br />Section 1. Enactment Authority. <br />Article VIII, § 1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home <br />rule powers in counties to enact ordinances, not inconsistent with general or special law, for the <br />purpose of promoting the public health, safety and welfare of the residents of the county. The <br />Board specifically determines that the enactment of this ordinance is consistent with general or <br />F:Uuomey\Linda\GENERAL\Resolutions & Ordinances\Ordinances\E-Cigarettes\Ordinance 10.10.13 (amended).docx Page I of 3 <br />
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