§ 13-2. E-cigarettes and liquid nicotine declaration of policy; legislative findings.

It is hereby ascertained, determined and declared that:

(a)

The board of county commissioners is concerned about a potential public health crisis caused by the use of e-cigarettes and by passage of the ordinance from which this chapter derives intends to implement measures to curb the use of e-cigarettes until reliable scientific studies and data are available on the potential health risks to e-cigarette users and the impact of secondhand emissions caused by the use of e-cigarettes.

(b)

The dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking.

(c)

New, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes or e-cigarettes, have recently been made available to consumers. These devices closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid created through an electronic heating system. The vapors are expelled via a cartridge that usually contains a concentration of pure nicotine. The cartridge and heating element are housed in a device that is typically created to look exactly like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated vapors producing a "cloud" of undetermined substances that is virtually indistinguishable from traditional cigarettes, cigars and pipes.

(d)

Nicotine is one of the most highly addictive substances available for public consumption.

(e)

The manufacturers and marketers of e-cigarettes advertise their products as safe nicotine delivery devices and smoking cessation modalities.

(f)

The FDA has not approved the use of e-cigarettes as smoking cessation devices.

(g)

The FDA has publicly expressed concerns over the safety of these devices.

(h)

Studies show that adolescents can become addicted to nicotine after ingesting the equivalent of twenty (20) traditional cigarettes, the amount traditionally available in a single pack. The appeal created by the flavored e-cigarette can lead young people into a lifetime of nicotine addiction.

(i)

The nicotine content in e-cigarettes is unknown and unspecified and presents a significant risk of addiction.

(j)

Other governments and public health organizations have joined the FDA in speaking out about the potential dangers posed by e-cigarettes. These entities are also calling on e-cigarette manufacturers to discontinue their safety claims until these products have been independently tested, including definitive studies on the potential harm of secondhand e-cigarette emissions. These groups include the World Health Organization and the Canadian government's FDA equivalent, the Health Products and Food Branch Inspectorate.

(k)

Every year tobacco products siphon off more than two hundred sixty-eight billion dollars ($268,000,000,000.00) in directly related healthcare and lost worker productivity costs and lead to the deaths of almost one-half million (500,000) Americans.

(l)

Protecting Osceola County residents against an untested product like e-cigarettes represents sound public health and fiscal policy. The purpose of this chapter is to ban the sale of e-cigarettes and like products in Osceola County to persons under the age of eighteen (18), to prohibit the use of e-cigarettes and like products in public places where traditional forms of smoking are already disallowed, and to prohibit self-service merchandising in the retail sale of e-cigarettes and like products in order to minimize the physical accessibility of e-cigarettes and like products to minors.

(Ord. No. 2016-39, § 1, 4-18-15)