SIPP Phase II: Vaping and Vapor Devices Subcommittee Briefing and Discussion August 19, 2015
Welcome and INTRODUCTIONS
Subcommittee and Staff Sam Low (Lake Stevens City Council) Linda Grafer (Mukilteo City Council) Karen Guzak (Mayor, City of Snohomish) Sid Roberts (Lynnwood City Council) Donna Wright (Marysville City Council) Dr. Jiho Bryson (The Everett Clinic) Dr. Gary Goldbaum, Health Officer Pete Mayer, Deputy Director Margaret Shield, Health Policy Analyst Heather Thomas, Communications & Public Affairs Wendy Burchill, Healthy Communities Specialist Jeff Ketchel, Environmental Health Director Brown and Caldwell 3
Today s Agenda Welcome & Introductions Preliminary Public Comment Process Staff Policy Options Subcommittee Discussion & Development of Policy Recommendation Chair Wrap-up and Next Steps Snohomish Health District 4
Materials Available Snohomish Health District 5
Preliminary Public Comment PROCESS
Reminder of Questions Asked Do you support expanding the Smoking in Public Places law to prohibit vaping? How would prohibiting vaping in public places impact you? What do you think should be included in the ordinance to be most effective in preventing youth from smoking and vaping? Are there any specific issues that you would like the Board of Health to evaluate while considering this regulation? Snohomish Health District 7
Multiple Outreach Channels Press Releases Social Media Email Lists Editorial(s) Postcards Snohomish Health District 8
Public Comments Received in July Online Survey 744 received (+ 10 received after 7/31) Emails 36 received Mailed Letters 5 received Voicemail 1 anonymous message (prior to 7/6) Listening Session 12 speakers (approximately 25 attendees + 3 media outlets) Snohomish Health District 9
Summary of Comments Variety of feedback as expected General themes: Opposed to policy want to keep ability to sample products and use in vape stores Supportive of policy concerned about air quality, health risks and message to youth People tended to agree on the need to prevent youth use Effective enforcement is needed More education is needed on how vaping devices work and what the potential risks are Snohomish Health District 10
Staff Policy OPTIONS
Update on Status of Federal Regulatory Action Status of FDA Deeming Rule FDA seeking pre-rulemaking comments on nicotine exposure warnings and child resistant packaging. Various bills before Congress, not passed yet None of the proposed federal actions address use of vapor products in public places. Snohomish Health District 12
Update on Status of State Legislation No vapor product legislation passed during 2015 session 2015 bills carry forward into 2016 session Sole state law = No sales of nicotine vapor products to minors < 18. (no requirements for signage or ID checks) Snohomish Health District 13
Policy Options List For Discussion 1. To address key public health concerns Potential health effects from use and/or exposure, especially to most vulnerable Potential increased addiction to nicotine through rapidly increasing use by teens and young adults Vaping other drugs in the devices High poisoning risk to children 2. To address policy approaches raised during preliminary comment period Snohomish Health District 14
Policy Options by Group Snohomish Health District 15
Addressing Potential Health Effects from Exposure to HARMFUL CHEMICALS
1. Prohibit vaping in public places and places of employment Define vapor products as all vaping devices and e-liquids containing nicotine or any other substance. Exempt any smoking cessation drugs or devices approved by the FDA. Prohibit vaping in same places smoking is prohibited under Snohomish Smoking in Public Places law. Vaping prohibition would include all schools. Require No Vaping signage. Snohomish Health District 17
Snohomish County SIPP Law Smoking of any lighted or burning cigarette, pipe, cigar, hookah, or other smoking equipment using tobacco, flavored tobacco, or marijuana. Prohibited in all public places and places of employment, including: any building or vehicle open to the public or employees; outdoor venues connected to a business where employees work within 25 feet of all doorways, entryways, windows, and ventilation intakes of public places and workplaces; membership-only clubs with employees and/or allowing guests; break rooms, parking garages and covered entryways; and no less than 75% of sleeping quarters in all hotels and motels. Signage required at all building entrances and in prominent locations. Snohomish Health District 18
2. Potential exception to vaping in public: Allow tastings in vape-only retail stores under specific requirements Free tastings to test flavors or devices No free samples leaving store No consumption of purchased products in store To protect youth: no minors admitted/id check To protect others: separate ventilation system Only at permitted locations education/ compliance Warning signs requirements Snohomish Health District 19
3. Require retailer permit for all nicotine vapor product retailers Permitting allows identification of retailers for education, compliance, enforcement with state law (no sales to minors) and any Snohomish law Permits limited to retailer s permanent physical location no event booths or trucks Permit fee reflect costs of necessary notifications, inspections, education and enforcement Currently no permits/licenses, but multiple counties considering Snohomish Health District 20
Number of Snohomish County Retailers Vapor Product Only Retailers (based on name) State Licensed Tobacco Retailers, likely to also sell vapor products City Everett 12 Lake Stevens 1 Lynnwood 6 Marysville 2 Snohomish 1 Arlington 1 Bothell 1 Monroe 2 Woodinville 1 Total 27 610 Estimate of vapor product retailers is based on internet search of store names. Also, marijuana retailers sell THC e-cartridges for vapor devices. Snohomish Health District 21
Address Rapidly Increase Use By YOUTH/YOUNG ADULTS
4. Prohibit vapor product sales to minors and require ID checks State law prohibits sales of tobacco and nicotinecontaining vapor products to minors under 18. (RCW 26.28.080) State does not specify any compliance activities for vapor products. Require No Sales to Minors signs in all stores Require ID checks for sales to anyone < 26 Enable education, compliance, enforcement through permit process Snohomish Health District 23
5. Increase age to 19 for sale of vapor products Would better protect high school age youth But local laws cannot raise age of sales of tobacco, creating disparity 6. Prohibit possession of vapor products by minors State law prohibits tobacco possession < 18 Enforcement tool, including on school grounds Enforcement would rely on others, not SHD Snohomish Health District 24
7. Require sales restrictions to reduce youth access Keep vapor products behind the counter. Option: allow exception for vapor product only stores who do not permit minors to enter. No self-service/vending machines, except where minors prohibited. No distribution of free samples. Option: allow free tastings at permitted vape-only store that exclude minors. No coupons or rebates except in a direct interaction between retailer and customer = ID check. Snohomish Health District 25
8. Prohibit internet sales to minors and require age verification upon delivery Federal law defines mechanisms to prevent internet sales to minors, including ID checks upon delivery Research has found easy for minors to purchase e-cigarettes/vapor products online Local regulation and enforcement challenges Snohomish Health District 26
9. Restrict retailer permits in school zones To protect youth, define area around schools where sales of vapor products prohibited Disparities under state law on tobacco and MJ sales 10. Prohibit sales of flavored e-cigarettes/eliquids; or restrict those sales in school zones Flavorings are attractive to youth Chicago law bans sales near schools Snohomish Health District 27
11. Advertising restrictions or requirements Tobacco advertising content and types restricted under Master Settlement Agreement & package warning labels required under federal law. Currently no federal or state restrictions on e- cigarette/vapor product advertising Possible options for local governments: Restrict time, manner, and place of advertising Require additional retailer signage Prohibit advertising with false or misleading claims Snohomish Health District 28
Address High Poisoning Risks to Children FROM E-LIQUIDS
12. Require use of child-proof packaging for nicotine e-juice Concentrated nicotine e-juices are toxic; potentially fatal to child through ingestion or skin contact. Local law could reference federal child-proof packaging standards. Snohomish Health District 30
13. Require warning labels on all nicotine containing vapor products and nicotine e-juice containers Currently, any package warning labels are voluntary with no requirements on content or visibility Require warning label on harmful effects of nicotine and keep away from children 14. Require e-liquid retailer point-of-sale signage on harmful effects of nicotine and keep away from children Snohomish Health District 31
Enforcement Compliance and enforcement processes to be recommended by staff and legal counsel. Amounts of enforcement fines will align with penalties for non-compliance with smoking and tobacco product laws and rules. Snohomish Health District 32
Subcommittee Discussion About POLICY OPTIONS
Recap of Policy Options Snohomish Health District 34
Next Steps Board of Health Meeting 3:00 p.m. on September 8, 2015 Staff will help craft a summary report to be included in the Board packet Snohomish Health District 35
Discussion/ Questions