presents
Voter’s Edge California
Conozca la información antes de votar.
Presentado por
MapLight
League of Women Voters of California Education Fund
California Common Cause@CommonCauseCA
November 5, 2019 — Local Elections
Local

City of San Francisco
Proposition C Ordinance - Majority Approval Required

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Resultados electorales

Failing

36,654 votos si (18.2%)

164,865 votos no (81.8%)

Shall the City overturn the law passed by the Board of Supervisors suspending the sale of electronic cigarettes that lack required FDA authorization, and adopt new regulations on the sale, manufacture, distribution and advertising of electronic cigarettes in San Francisco?

¿Qué es esta propuesta?

Pros y Contras — Explicación objetiva con argumentos a favor y en contra

Fuente: League of Women Voters of San Francisco

La pregunta

Shall the City overturn the law that prohibits the sale of electronic cigarettes that have not been approved by the FDA, and adopt new regulations on the sale, advertising and distribution of electronic cigarettes in San Francisco, and require further regulations to be authorized by a ballot vote?

Note: This Pro/Con information is also available in Spanish and Chinese.

La situación

Tobacco use is the leading preventable cause of early death in the United States, particularly among those who begin using tobacco products in adolescence.  Tobacco products include vapor products such as flavored and unflavored electronic cigarettes, (e-cigarettes), which vaporize liquid nicotine and deliver it to the user.  The California Department of Public Health reported that 20.8% of high schoolers in San Francisco and San Mateo use e-cigarettes, the highest percentage of any region in California. The U.S. Centers for Disease Control reported an 80% increase in e-cigarette use among high schoolers in 2018, and 20% of high schoolers are addicted to nicotine.

In 2018, 68% of voters approved a ban on flavored tobacco products, which went into effect in January 2019.  In June of 2019, the San Francisco Board of Supervisors and Mayor London Breed unanimously passed a law--to take effect in January 2020--that will ban the sale, in stores and online, of any electronic cigarettes that have not been reviewed by the FDA.  As of July 2019, no applications for pre-market review of any electronic cigarette products had been submitted to the FDA.

City and State laws currently regulate the sale of electronic cigarettes:

       the City and State prohibit the sale of tobacco products to people under 21 and the State prohibits the sale of tobacco products on the internet to people under 21

       the sale of electronic cigarettes is prohibited everywhere the sale of other tobacco products is prohibited

       the City prohibits the sale of flavored tobacco products, including flavored electronic cigarettes

        the City prohibits the sale, manufacture and distribution of electronic cigarettes and other tobacco products on City property

       advertising certain tobacco products on billboards and public signs is prohibited

       tobacco retailers must obtain City permits, and distributors must be licensed by the state

       tobacco retailers must check the ID of anyone who looks under 21, and store electronic cigarettes out of reach by customers

       sellers of electronic cigarettes on the internet must verify that customers are 21 or older.

La propuesta

       Proposition C would repeal the City law passed by the Board of Supervisors which bans the sale of electronic cigarettes not reviewed and cleared by the FDA.

       It would partially repeal City law that prohibits the sale, manufacture and online sale of tobacco products on City property by allowing the sale of electronic cigarettes there.

       The measure may repeal other City laws, including those prohibiting the sale of flavored electronic cigarettes.

       The measure would require further regulations or changes to regulations to be authorized by a ballot vote.

The measure would apply new regulations on the sale and distribution of electronic cigarettes in San Francisco:

       Require retailers to scan customers’ government-issued photo identification, and online retailers to use third-party verification of IDs to confirm that customers are at least 21 years old.

       Require each in-store transaction not to exceed 2 devices and/or 5 packages of liquid nicotine and each online sale not to exceed 2 devices and/or 60 milliliters of liquid nicotine per person per month.

       Require retailers to provide at least one hour of training to employees twice a year regarding the law and health code.

       Require online retailers to obtain a permit from the City and County of San Francisco.

       Require the San Francisco Department of Public Health to enforce permit requirements and develop an education and outreach program for parents, young adults, and children on the effects of electronic cigarettes.

       Prohibit manufacturers and retailers from targeting minors with their marketing, packaging, or labeling.

       Prohibit advertising on media primarily used by people under 21 years old.

A “YES” Vote Means: You want to overturn the law passed by the Board of Supervisors which bans the sale of electronic cigarettes that have not been reviewed and authorized by the FDA, you want to adopt new regulations on the sale, manufacture, distribution and advertising of electronic cigarettes in San Francisco, and you want to require further regulations to be put to a ballot vote.

A “NO” Vote Means: You want to keep the ban on the sale of electronic cigarettes that have not yet been authorized by the FDA, you want to keep existing laws regulating electronic cigarettes in place, and you want to continue to allow the Board of Supervisors to enact further regulations.

Sus partidarios dicen

       The measure would apply additional regulations to the sale and distribution of electronic cigarettes in brick-and-mortar stores, thus limiting youth access while preserving adult choice, and it would close a loophole in online sales, preventing access to electronic cigarettes for anyone under 21 years of age.

       Passing this measure allows adults who are addicted to cigarettes to access electronic cigarettes, which may aid in the transition away from traditional combustible cigarettes.

       Proposes public education programs and age/identification requirements that reflect a more common-sense and comprehensive approach to youth vaping and supplement, not repeal, existing regulations.

       New regulations on online retailers would limit bulk sales of vaping products which end up on the black market and resold to teenagers.

       The measure applies new regulations without substantially financially impacting San Francisco businesses that sell tobacco products, according to the San Francisco Office of Small Business.

Sus oponentes dicen

       The proposition may effectively repeal the ban on the sale of flavored tobacco products that was passed by 68% of voters in 2018 and would not curb the epidemic of youth vaping: according to a Dartmouth study, for every adult who potentially quits cigarettes because they converted to e-cigarettes, 80 new youth and young adults would start using e-cigarettes.

       Passing this measure, and therefore overturning current legislation by the Board of Supervisors and passed by voters prohibiting the sale of electronic cigarettes, would allow products that have not been approved by the FDA back on store shelves.

       If passed, the proposition would block the Board of Supervisors from enacting new legislation that would further protect youth from addiction to electronic cigarettes because any new regulations or changes to the law would have to be authorized by a ballot vote.

       The proposition would benefit the vaping and tobacco companies who wrote and funded this measure, and adversely affect the teenagers who use the products.

       Current San Francisco law will allow local businesses to sell electronic cigarettes once the products get FDA authorization.

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

If you vote "yes," you want to overturn the law passed by the Board of Supervisors that suspends the sale of electronic cigarettes until they receive FDA authorization and to adopt new regulations on the sale, manufacture, distribution and advertising of electronic cigarettes in San Francisco.

Un voto por el NO significa

If you vote "no," you want to keep existing laws regulating electronic cigarettes.

Resumen

Ballot Simplification Committee

The Way It Is Now: The City and the State of California regulate the sale of tobacco products. The term “tobacco products” includes vapor products such as electronic cigarettes, their cartridges and other parts, and liquid nicotine. Electronic cigarettes are battery-operated devices that vaporize liquid nicotine and deliver it to the user. 

City and State laws regulate the sale of electronic cigarettes in San Francisco in the following ways: 

• The City and State prohibit the retail sale of tobacco products to people under age 21 and the State prohibits the sale of tobacco products on the internet to people under age 21; 

• The City prohibits the sale of electronic cigarettes everywhere the sale of other tobacco products is prohibited; 

• The City prohibits the sale of flavored tobacco products, including flavored electronic cigarettes; 

• The City prohibits the sale, manufacture and distribution of electronic cigarettes and other tobacco products on City property; and 

• The City prohibits advertising of certain tobacco products on billboards or other publicly visible signs in San Francisco and on City property. Federal and State law impose additional advertising restrictions on tobacco products. 

The City and State regulate the sale of electronic cigarettes as follows: 

• Tobacco retailers must obtain permits from the City and the State, and tobacco distributors must obtain a license from the State; 

• State law requires tobacco retailers to check the identification of any customer who appears to be under age 21, and to store electronic cigarettes where customers cannot access them without assistance; and 

• State law requires sellers and distributors of electronic cigarettes on the internet to verify that customers are at least 21 years old. 

The U.S. Food and Drug Administration (FDA) has the authority to authorize or refuse to authorize the sale of electronic cigarette products in the United States. Sellers of electronic cigarette products have until May 11, 2020, to apply to the FDA for authorization and the FDA has one year from the date of an application to decide whether to authorize the sale of the products covered by the application. Electronic cigarette products may be sold without FDA authorization until the earlier of the date the FDA denies authorization of the sale of the products covered by the application or one year after the date of the application. As of May 2019 no applications had been submitted to the FDA seeking authorization to sell electronic cigarette products and the FDA had not authorized the sale of any such products. Beginning in late January 2020, the City will suspend the sale of electronic cigarette products that have not been authorized by the FDA. 

The Proposal: Proposition C would authorize and regulate the retail sale, availability and marketing of electronic cigarettes in San Francisco. The measure would: 

• Repeal the City law passed by the Board of Supervisors that suspends the sale of electronic cigarettes until they receive authorization by the FDA; and 

• Partially repeal City law to allow the sale, manufacture and online retail sale of electronic cigarettes on City property. 

 

Proposition C may repeal other City laws that apply to electronic cigarettes, including the City law that prohibits the sale of flavored electronic cigarettes. 

Proposition C would impose new regulations on the sale and distribution of electronic cigarettes in San Francisco as follows: 

• Require retailers to scan photo identification to verify that customers are 21 years or older; 

• Prohibit retailers from selling more than two electronic cigarette devices or five finished product packages of liquid nicotine in each transaction; and 

• Require retailers to train their employees twice a year. 

Proposition C would also require individuals and entities that sell more than 100 electronic cigarettes per year on the internet to San Francisco customers to: 

• Obtain a permit from the City; 

• Verify that customers are at least 21 years old; and 

• Sell no more than two electronic cigarette devices or 60 milliliters of liquid nicotine, per month, to each customer. 

Proposition C would prohibit advertising electronic cigarettes designed to appeal to minors or using an advertising medium known to be seen primarily by people under 21 years old.

Efectos fiscales

City Controller Ben Rosenfield

Should the proposed initiative ordinance be approved by the voters, in my opinion, it would have a moderate impact on the cost of government for outreach and education programs. 

The proposed ordinance would amend San Francisco’s Health code to authorize and regulate the retail sale, availability and marketing of electronic cigarettes in San Francisco under certain conditions. The Board of Supervisors passed legislation to go into effect January 2020 to prohibit the sale of electronic cigarettes that have not gone through required pre-market review by the U.S. Food and Drug Administration. The proposed ordinance would repeal this provision of the law and partially repeal City law to allow the sale, manufacture and online retail sale of electronic cigarettes on City property. Advertising electronic cigarettes to appeal to minors would be prohibited. 

The proposed ordinance would require online retailers that sell more than 100 electronic cigarette products per year to obtain a permit from the City to sell these items, with certain conditions. Permitted brick-and-mortar establishments would be required to scan valid customer identification and limit the number of electronic cigarette products sold per transaction. The Board of Supervisors would be able to establish a reasonable regulatory fee for purposes of the permits required in the proposed ordinance. The proposed ordinance would require the Department of Public Health to develop outreach and education programs for youth on the effects of nicotine consumption and vaping, estimated to be $500,000 to $725,000 per year, though these costs may be allowable when determining tobacco permit fees. I project the impact on City tax revenue would be de minimus.

Published Arguments — Arguments for and against the ballot measure

¿Quién está a favor y en contra de esta iniciativa de ley?

Sí por Proposition C
Organizaciónes (0)
Funcionarios electos y designados (0)
No por Proposition C

Organizaciónes (6)

Funcionarios electos y designados (0)

Más información

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