2021-008 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2021- 008 WHEREAS, in 2015, the National Academy of Medicine concluded that raising the minimum legal sales age for tobacco products nationwide would reduce tobacco initiation, particularly among adolescents aged 15 to 17, improve health across the lifespan, and save lives; and that raising the minimum legal sales for tobacco products nationwide to age 21 would, over time, lead to a 12 percent decrease in smoking prevalence; and WHEREAS, 33 states and over 555 cities and counties have enacted minimum legal sales age 21 policies to further restrict access to commercial tobacco; and WHEREAS, the federal government has raised the age to 21; and WHEREAS, raising the age for tobacco sales in Indian River County, Florida, would lessen the accessibility of tobacco to minors and further the County's interest in protecting the health, safety, and general welfare of the residents of the County; and WHEREAS, the use of high-tech nicotine dispensing devices, commonly referred to as electronic cigarettes or e -cigarettes, is becoming more prevalent and wide -spread; and WHEREAS, nationwide 40% of high school seniors have vaped in the last 30 days; and WHEREAS, e -cigarettes are the most common tobacco product used by 18 to 24 - year -olds. As of 2020, e -cigarette use has increased 24.6% since 2011; and WHEREAS, a laboratory test conducted by the U.S. Food and Drug Administration (FDA) has shown that e -cigarette vapors contain carcinogens, and FDA tests showed that e -cigarette vapors were found to contain toxic chemicals such as diethylene glycol, a common ingredient in antifreeze; and WHEREAS, the Florida Legislature has addressed the effects of smoking conventional tobacco products and second-hand smoke by adoption of the "Florida Clean Indoor Air Act," section 386.201, Florida Statutes et seq., which Act prohibits smoking in specified indoor areas; and WHEREAS, while the regulation of smoking is preempted to the state, per section 386.209, Florida Statutes, local governments can impose more restrictive regulations on the use of vapor -generating devices, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or 2 f