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MINIMUM AGE FOR SALE AND DISTRIBUTION OF TOBACCO PRODUCTS BE IT ENACTED BY THE TOWN COUNCIL IN SESSION: §
-1. Findings of Fact and Purpose.
1. Tobacco use is one of the foremost preventable causes of premature death in America. 2. About ninety-five percent (95%) of adult smokers began smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. 3. Young people are particularly susceptible to the addictive properties of tobacco products. Tobacco industry documents show that individuals who start smoking by the age of 18 are almost twice as likely to become lifetime smokers as those who start after they turn 21. 4. Most people who are not smokers by 21 years of age do not start smoking later in their lives. 5. Electronic smoking device use among minors has recently tripled. 6. Most e-cigarettes contain nicotine. Nicotine is highly addictive and may harm the development of the adolescent brain into the early to mid-20s. 7. Increases in adolescent vaping from 2017 to 2018 were the largest adolescent substance use recorded in 43 years. 8. The e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances, including: • • • • • • •
Nicotine Ultrafine particles that can be inhaled deep into the lungs Flavoring such as diacetyl, a chemical linked to a serious lung disease Volatile organic compounds Cancer-causing chemicals Heavy metals such as lead, chromium, cadmium Ethanol
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1/31/2019 9. The Institute of Medicine predicted in a 2015 report that raising the minimum legal sales age for tobacco products to 21 nationwide will have a substantial positive impact on public health and provide long-term declines in smoking rates by reducing tobacco initiation among adolescents aged 15 to 17 by twenty-five percent (25%) and overall prevalence of tobacco use by twelve percent (12%). This report also projects that 4.2 million young people alive today would be protected from premature death related to tobacco use as a result of raising the minimum legal sales age for tobacco products to 21.
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-2. Definitions.
"Tobacco product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, chewing or pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other product or device that relies on vaporization or aerosolization; "tobacco product" includes any component, part or accessory used in the consumption of a tobacco product such as filters, rolling papers, pipes, e-cigarettes, e-cigars, e-pipes, vape pens, e-hookahs and liquids used in the electronic smoking devices, whether or not they contain nicotine. "Tobacco product" shall not include drugs, devices or combination products approved by the U.S. Food and Drug Administration as a tobacco cessation product and is marketed and sold exclusively for the approved purpose. "Distribute" means to furnish, give, provide or to attempt to do so, whether gratuitously or for any type of compensation.
ยง -3. Minimum Legal Sales Age. No person, seller, seller's agents or employees shall give, sell or otherwise distribute any Tobacco Product to any person under twenty-one (21) years of age. No seller, seller's agent or employee shall give, sell or otherwise distribute any Tobacco Products without viewing proof of age demonstrating the recipient is at least twenty-one (21) years of age, except that no such verification is required for a recipient over the age of thirty (30). That a person appeared to be over the age of thirty (30) shall not constitute a defense to a violation of this section. If a person fails to provide proof of age, the tobacco product shall not be sold or otherwise provided to them.
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1/31/2019 ยง -4. Signage. The Town of Wallingford Health Department shall provide retailers with signs to be posted at points of transaction (cash registers, sales counter) and on any display of tobacco products. Signage must include the following: 1. Language, approved by the Health Department, stating that the sale of tobacco products to a person under 21 years of age is prohibited; and 2. Language, approved by the Health Department, stating that nicotine is highly addictive. Signage shall be prominently displayed and shall not be obscured. The Town of Wallingford Health Department may change the signs, or add signs, in its discretion, and the retailers shall post them as directed by the Department. Signs shall be posted within 30 days of the effective date of this Ordinance.
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-5. Enforcement.
The Wallingford Police Department is authorized to enforce this Ordinance in accordance with law.
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-6. Penalties. 1. Sign Violations
A person who violates the sign requirements of this Ordinance shall first be issued a written warning of the violation and shall have five (5) days to come in to compliance. After receiving a written warning, a violation of the sign requirements shall result in a fine, as follows: (a) $50.00 for first offense after notice; (b) $100.00 for the second offense; (c) $250.00 for each offense thereafter. 2. Sale Violation A person who violates the sale restriction by selling to a person under the age of 21 shall first be issued a written warning. Once a written warning has been issued, subsequent violations shall result in a fine as follows: (a) $100.00 for first offense after notice; (b) $250. 00 for each offense thereafter.
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1/31/2019 3. Appeal A person may appeal the civil penalties within ten (10) days of the issuance of the citation by filing an appeal with the Police Department. The appeal shall be heard in accordance with Connecticut General Statutes ยง7-152c.
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-7. Nuisance.
Violations of this Ordinance are deemed to be a threat to the public health, safety and welfare of the community. Three (3) violations by the same seller within a two-year period shall constitute a public nuisance. The Town may initiate legal action to enforce the requirements of this Ordinance in addition to civil penalties.
I HEREBY CERTIFY that this Ordinance was enacted by the Town Council of the Town of Wallingford this day of February, 2019, in accordance with the provisions of the Charter of the Town of Wallingford.
Barbara Thompson Town Clerk
APPROVED:
--------------William W. Dickinson, Jr., Mayor
DATE: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __