Rancho Cordova City Council
January 18, 2022

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, January 18, 2022
5:30 PM – Regular Meeting

NO PHYSICAL LOCATION FOR PUBLIC ATTENDANCE
Meetings are currently teleconference meetings only to align with the Sacramento County Public Health Order dated January 6, 2022.

Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

Join the Meeting Via Zoom Link:
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No Physical Location for Public Attendance
Instructions to Make Public Comment
Submitting Public Comment via Email
Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 3:00 p.m. on Tuesday, January 18, 2022. All comments submitted later than 3:00 p.m. will be sent to the City Council for their review and may not be read during the meeting.

Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, January 18, 2022

Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.

All public comments will be limited to three-minutes.

If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 Tuesday, January 18, 2022, before 3:00 p.m.

AGENDA

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The Clerk will announce the meetings video recording and playback schedules.

3. PLEDGE OF ALLEGIANCE

The Mayor will call on someone in attendance to lead the Pledge.

4. INVOCATION

Andy Gee with River City Christian Church will give the invocation.

5. PRESENTATIONS

5.1. Introduction of New Employees; Tina Colonnello, Customer Service Representative I, Heather Cook, Code Enforcement Officer I, Kristy Acuna, Animal Services Officer I and Andrew Thomas, Code Enforcement Officer I by Russ Ducharme, Neighborhood Services Manager.

6. PUBLIC COMMENT

Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference.

If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.

For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.

Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, January 18, 2022

the posting of the agenda.

7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of January 3, 2022.

Recommendation: Adopt the Minutes.

9.2. Subject: A Resolution Declaring the Results of the Mail Ballot Election for the Imposition of the Annual Stormwater Fee on a portion of The Ranch Project.

Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the annual Stormwater Utility Fee on a portion of The Ranch project.

9.3. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract No. 2022-01 in an Amount not to Exceed $839,995.00 with FBD Vanguard Construction, Inc. to Construct Safety Improvements at Six Elementary Schools in the Cordova School Zones Project that will Improve Safety and Promote the Positive Image of Rancho Cordova.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Re-authorizing Remote Teleconference Meetings of the City for the Period from January 18, 2022 to February 16, 2022.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

None.

11. PUBLIC HEARING ITEMS
None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: An Urgency Ordinance of the City Council of the City of Rancho Cordova Establishing a Temporary Moratorium on the Establishment and Operation of Electronic Cigarette Retailers and Electronic Cigarette Lounges and Vapor Bars.

Recommendation: Introduce and adopt the Urgency Ordinance.

12.2. Subject: Discussion and Approval of Council Member Appointments to Regional Boards, Commissions, and Committees.

Recommendation: That Council confirms commitments to serve on other agency boards, commissions, and committees.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, January 18, 2022

14. ADJOURN TO CLOSED SESSION

Mayor Terry will adjourn the meeting to closed session.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

16. CLOSED SESSION

Council will meet in closed session to discuss the following item:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager: Pursuant to Government Code Section 54957(b)(1).

17. OPEN SESSION - REPORT OUT FROM CLOSED SESSION

The City Attorney will report on action taken in closed session.

18. ADJOURNMENT

ADDITIONAL INFORMATION

SPECIAL MEETINGS LISTED BELOW ARE SUBJECT TO CHANGE/CANCELLATION WITHOUT FURTHER NOTICE.

UNLESS THE COUNCIL ADOPTS A MOTION TO EXTEND THE MEETING, ANY ITEM THAT IS NOT INITIATED BEFORE 11:00 PM WILL BE CONTINUED TO THE NEXT DAY AT 5:30 PM OR SCHEDULED ON THE NEXT REGULAR MEETING AGENDA OF THE COUNCIL.

Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.

The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.

UPCOMING MEETINGS
January 25, 2022 5:30 PM Special Meeting/Work Session
February 7, 2022 4:00 PM Special Meeting/Regular Meeting February 15, 2022 5:30 PM Special Meeting/Work Session
February 22, 2022 5:30 PM Regular Meeting
March 7, 2022 4:00 PM Special Meeting/Regular Meeting
March 21, 2022 5:30 PM Regular Meeting
March 29, 2022 5:30 PM Special Meeting/Work Session

Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, January 18, 2022

April 4, 2022 4:00 PM Special Meeting/Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.

In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.

CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the January 18, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on January 14, 2022 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.

Signed January 14, 2022 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 9.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, January 3, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing. City Council members and members of the public may participate in the meeting in person or via video/teleconferencing.

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:32 p.m.

Council Members Present: Linda Budge, Garret Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner, Persephonie Riley, and Kelly Thompson

2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE
Diann Rogers led the pledge.

4. INVOCATION
Council Member Garrett Gatewood gave the invocation.

5. PRESENTATIONS

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, January 3, 2022

5.1. Presentation of Proclamation Recognizing Diann Rogers, CEO & President of the Rancho Cordova Chamber of Commerce.

5.2. Presentation of Proclamation Recognizing January 2022 as "Tamil Heritage Month."

6. PUBLIC COMMENT

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Angel Ball
Mayor Terry closed the public comment period.

7. COUNCIL REPORTS

Council reported on events since the last meeting.

8. CITY MANAGER'S REPORT

City Manager Cyrus Abhar gave his report.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

ACTION: Motion to approve item 9.1 through 9.7 by Budge second by Gatewood; Motion passed with a 5:0 vote.

9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2021-334 in an Amount not to Exceed $308,176.00 with Bear Construction, Inc. to Construct the 2022 ADA Sidewalk Improvement Project to Improve Safety and Promote a Positive Image.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2021-337 with R.E.Y. Engineers, Inc. for On-Call Engineering and Design Services in an Amount not to Exceed $616,948 for the Countryside Neighborhood Street Rehabilitation Project to Increase Safety and Promote Livability.

Recommendation: Adopt the Resolution.

9.4. Subject: Second Reading of an Ordinance Amending the Rancho Cordova Municipal Code Amending Title 23 (Zoning), Article 1 Administration, Article 3 Zoning District, Allowable Uses, and General Development Standards, Article 7 Site Planning and Development Standards, Article 9 Specific Use Provisions and Article 11 Definitions.

Recommendation: Waive the second reading and adopt the Ordinance amending Title 23 (Zoning), Article 1 Administration, Article 3 Zoning District, Allowable Uses, and General Development Standards, Article 7 Site Planning and Development Standards, Article 9 Specific Use Provisions and Article 11 Definitions of the Rancho Cordova Municipal Code.

9.5. Subject: Second Reading of an Ordinance Amending Title 2 Administration and Personnel, Chapter 2.30 Planning Commission of the City of Rancho Cordova Municipal Code.

Recommendation: Waive the second reading and adopt the Ordinance amending Title

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, January 3, 2022

2 Administration and Personnel, Chapter 2.30 Planning Commission, Section 2.30.120 Compensation of the City of Rancho Cordova Municipal Code related to the compensation for the Planning Commission.

9.6. Subject: Resolutions of Intention to Establish the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1, to Levy a Special Tax Therein, and to Incur Bonded Indebtedness in and for the District to Finance the Acquisition and Construction of Certain Public Facilities in and for such District
Recommendation: Adopt the Resolutions.

9.7. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Re- authorizing Remote Teleconference Meetings of the City for the Period from January 3, 2022 to February 2, 2022.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: City Council Work Session Priorities for 2022.

Recommendation: Receive information and provide direction as needed.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Angel Ball
Mayor Terry closed the public comment period.

ACTION: Input was received regarding the City Council Work Session Priorities for 2022.

12.2. Subject: A Resolution of the City Council of the City of Rancho Cordova Approving a 5% Performance Incentive Payment for Cyrus Abhar for Service as City Manager.

Recommendation: Adopt the Resolution.

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

ACTION: Motion to approve item 12.2. by Gatewood second by Budge; Motion passed with a 5:0 vote.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

14. ADJOURN TO CLOSED SESSION

Mayor Terry adjourned the meeting to closed session at 6:50 p.m.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, January 3, 2022

Mayor Terry called closed session to order at 6:50 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar and Adam Lindgren

16. CLOSED SESSION

Council will meet in closed session to discuss the following item:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (One Case).

17. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that no reportable action was taken in closed session.

18. ADJOURNMENT

Mayor Terry adjourned the meeting at 8:01 p.m..
_________________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.2.

DATE: January 18, 2022

TO: Honorable Mayor and Council Members

FROM: Elizabeth Sparkman, Community Development Director

SUBJECT: A RESOLUTION DECLARING THE RESULTS OF THE MAIL BALLOT

ELECTION FOR THE IMPOSITION OF THE ANNUAL STORMWATER FEE ON

A PORTION OF THE RANCH PROJECT

RECOMMENDATION

Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the annual Stormwater Utility Fee on a portion of The Ranch project.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution will declare the results of the ballot tabulation for the proposed imposition of the annual Stormwater Utility Fee on a portion of The Ranch project. Since majority approval exists, the City Council may impose the annual Stormwater Utility Fee on a portion of The Ranch project pursuant to the Fee Ordinance.

BACKGROUND

The City Council adopted a Resolution on November 15, 2021 declaring its intention to impose the annual Stormwater Utility Fee (“Fee”) pursuant to Ordinance No. 7-2014 on a portion of The Ranch project. A protest hearing was conducted on December 6, 2021 at which time no written protest was received from the property owners representing a majority of the parcels subject to the fee. Council then adopted a Resolution authorizing the mailing of property owner ballots for the purpose of submitting the Fee to a vote of the owners, subject to the Fee.

The Clerk has tabulated the ballots returned by the property owners for a portion of the Ranch project. The majority vote of the owners of the parcels approved the imposition of the annual fee on a portion of The Ranch project pursuant to the Ordinance. The Council action tonight is to adopt the Resolution declaring the results of the mail ballot election.

FISCAL IMPACT AND FUNDING SOURCE

There is no Fiscal Impact to the City's General Fund.

ATTACHMENT(S)

1. Resolution SWF- Ballot Results

2. Exhibit A to the Resolution

3. Exhibit B to the Resolution

Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, DECLARING THE RESULTS OF A MAIL BALLOT ELECTION RELATING

TO THE IMPOSITION OF THE ANNUAL STORMWATER UTILITY FEE FOR A PORTION OF

THE RANCH PROJECT IN THE CITY OF RANCHO CORDOVA
WHEREAS, on November 15, 2021, the City Council adopted a Resolution declaring its intention to impose the Annual Stormwater Utility Fee (“Fee”) for a portion of The Ranch project; and
WHEREAS, Article XIII D of the California Constitution (Proposition 218) requires the City to follow certain procedural and substantive requirements relating to the imposition of property-related fees and charges (as defined in Proposition 218); and WHEREAS, the City has determined that the Fee is a property related fee, subject to the provisions of Proposition 218; and
WHEREAS, before imposing the Fee, the City Council is required to hold a noticed public hearing on a written report (the "Written Report") containing a description of each parcel of real property within the City to which the Fee is applicable and the amount of the Fee for each such parcel for Fiscal Year 2021- 2022 and to consider protests to the Fee and, if a majority protest is not received at the public hearing, the Council must submit the question of the imposition of the Fee to a vote of the owners of the property subject to the proposed Fee for approval before the proposed Fee may be levied; and
WHEREAS, in accordance with Proposition 218 the City Council held a duly noticed public hearing on the matter of the Written Report and the proposed Fee on December 6, 2021 and took testimony, both written and oral; and
WHEREAS, having determined a written protest was not received from property owners representing a majority of the parcels subject to the Fee, the City Council adopted a Resolution authorizing the mailing of the property owner ballot s (the “Ballot Measure”) for the purpose of submitting the Fee to a vote of the owners of parcels subject to the Fee, and subject to approval by a majority vote of the owners of parcel subject to the Fee; and WHEREAS, pursuant to the terms of Ordinance No. 7-2014 and the unanimous consent of the property owner, the Property Owner Balloting was conducted and completed, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Ballot Return in Connection with the Proposed Stormwater Utility Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and by this reference incorporated herein.

NOW, THEREFORE , BE IT IS HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:

1. The above recitals are true and correct.

2. The Certificate is hereby accepted into the records of the City.

ITEM 9.2.

ATTACHMENT 1

`
Resolution No. XX-2022 Page 2 of 2

3. The Ballot Measure is authorized as set forth in Exhibit A attached hereto and by this reference incorporated herein.

4. The results of the Ballot Measure are as set forth in the Certificate on file with the City Clerk and attached to this Resolution as Exhibit B ("Certificate").

5. T he City Clerk is authorized to declare the results of the mail ballot election relating to the imposition of the Stormwater Utility fee on a portion of The Ranch project.

6. Pursuant to said Certificate, the Ballot Measure submitted was approved by a majority vote of the owner s of parcels subject to the Fee, the Fee is hereby imposed pursuant to Ordinance No. 7-2014 on the Rio Del Oro project.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova this 18 th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

______________________________
Donald Terry, Mayor

ATTEST:

________________________________
Stacy Leitner, CMC
City Clerk

ITEM 9.2.

ATTACHMENT 1

Rancho Cordova Stormwater Utility Fee - Official Property Owner Ballot The person completing and submitting this Property Owner Ballot must be the owner of the property identified above or the representative of the owner of such property who is legally authorized to complete and submit this ballot for and on behalf of the owner. The enclosed "Summary of Property Owner Ballot Procedures" has been provided to assist you in filling out the ballot. If there are two or more property owners, only one needs to sign and return the ballot. One ballot will be counted per property.

Assessor's Parcel Numbers: 067-0242-002, 067-0241-004,
067-0241-005
Property Address: Chrysanthy and Rancho Cordova Parkway.

Designation: Vacant Land
Total Parcel(s) Area (acres): 33.42
Assessor's Parcel Numbers: 067-0242-002, 067-0241-004, 067-0241-005 Owner Name: AG EHC II (HOV) CA 1 L.P, a Delaware limited partnership Proposed Maximum FY 2021-2022 Annual Fee Amount: $137.62 per DMU 00 In order to provide the City of Rancho Cordova with a dedicated funding source to repair, reconstruct and maintain the storm 00 drain system and to protect water quality, shall the City impose an annual Stormwater Utility Fee as shown in the Rate Analysis i:=;-p Report, dated 8/7/2014? c:::!b
� YES I support the proposed annual Stormwater Utility Fee D NO I oppose the proposed annual Stormwater Utility Fee I hereby declare, under penalty of perjury under the laws of the State of California, that I am the owner, or the authorized representative of the owner, of the parcel identified above. Your ballot will not be counted if you do not sign below. ,1../11/1,1
Date Printed Name Signature
If approved by a majority of the returned ballots, the proposed maximum annual Storm Drain User Fee rate for FY 2021-2022 will be $137.62 per Drainage Measurement Unit (DMU). The maximum rate per DMU will increase annually by the amount of the increase of the CPI. However, each year the City Council will hold a public hearing and determine the actual rate per DMU that will be charged. At the annual public hearing, the City Council will set the actual rate for the next year, which would be equal to or less than the annual maximum rate. The Council may decide to reduce the rate or set the rate to $0 per DMU in any fiscal year.

Please mark your ballot in ink and return the entire page.

Upon completion, fold the ballot, place it in the addressed, return envelope and seal the envelope. Pursuant to the enclosed instructions, mail the ballot to the address shown on the return envelope, or deliver to the City Clerk at City Hall located at 1 :30 Thursday, December 30, 2021.

Project: The Ranch (Market Rate Portion)
Return to:

City of Rancho Cordova
Attn: City Clerk
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ITEM 9.2.

ATTACHMENT 2
Exhibit A to the Resolution

ITEM 9.2.

ATTACHMENT 2
Exhibit A to the Resolution

Exhibit B

CERTIFICATE OF THE CITY CLERK AS TO

THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS

IN CONNECTION WITH THE PROPOSED STORMWATER UTILITY FEE

IN THE CITY OF RANCHO CORDOVA
I, Stacy Leitner, City Clerk of the City of Rancho Cordova, hereby certify that I canvassed the returns of the election in connection with the imposition of an annual stormwater utility fee that the day for the return of mailed ballot, December 30, 2021. The election was concluded on that date and that the total number of ballots cast in said election and the total number of votes cast for and against the ballot measure, as specified below, are full, true and correct.

Total of Ballots Received: 2
Total "Yes" Ballots: 2-
Total "No" Ballots: 0
Project: The Ranch (Market Rate Portion)
ITEM 9.2.

ATTACHMENT 3
Exhibit B to the Resolution

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.3.

DATE: January 18, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Edgar Medina, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT NO. 2022-01 IN AN AMOUNT NOT TO
EXCEED $839,995.00 WITH FBD VANGUARD CONSTRUCTION, INC.

TO CONSTRUCT SAFETY IMPROVEMENTS AT SIX ELEMENTARY

SCHOOLS IN THE CORDOVA SCHOOL ZONES PROJECT THAT

WILL IMPROVE SAFETY AND PROMOTE THE POSITIVE IMAGE OF

RANCHO CORDOVA

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2022-01 in an amount not to exceed $839,995 with FBD Vanguard Construction, Inc. to construct safety improvements at six elementary schools in the Cordova School Zones Project.

BACKGROUND

The City of Rancho Cordova has been awarded a State Active Transportation Program (ATP) grant for the construction phase of safety improvements for the Cordova School Zones Project.

The Cordova School Zones project consists of the following six elementary schools in the Folsom-Cordova Unified School District: White Rock Elementary, Cordova Villa Elementary, Abraham Lincoln Elementary, Cordova-Meadows Elementary, Rancho Cordova Elementary and Cordova-Gardens Elementary (Refer to Attachment 2). Improvements include high- visibility school crosswalks, curb ramps, solar-powered pedestrian-actuated rectangular rapid flashing beacons and solar-powered speed feedback signs, signage and minor drainage improvements. The project will increase safety for students and all users, encourage walking and a healthy lifestyle, and promote the positive image of Rancho Cordova.

The construction project was publicly advertised/solicited on the City’s Website, CIPList.com and the Sacramento, Placer and El Dorado County Builders Exchanges on November 2, 2021. The project bids were publicly opened on Tuesday, December 2, 2021. A total of four bids were received and staff determined that FBD Vanguard Construction Inc to be the lowest responsive and responsible bidder. The bid summary sheet is provided as Attachment 3.

City Council Staff Report - Page 2 of 2
The lowest responsive and responsible total bid amount was $839,995.00. Staff recommends awarding a construction contract for the total bid amount of $839,995.00 to FBD Vanguard Construction, Inc.

The tentative project schedule is to begin construction in spring 2022 and end construction in summer 2022.

FISCAL IMPACT AND FUNDING SOURCE

Funding for this project consists of $358,544 in Measure A Construction Funds, $219,456 in Gas Tax and $1,122,000 in State ATP Grant Funds.

This project is included in the City’s current approved Capital Improvement Plan and in the 2021/22 budget.

ATTACHMENT(S)

1. Resolution

2. Location Map

3. Bid Summary

4. Construction Contract

ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT NO. 2022-01 IN AN AMOUNT NOT TO EXCEED $839,995.00 WITH FBD VANGUARD CONSTRUCTION, INC. TO CONSTRUCT SAFETY

IMPROVEMENTS AT SIX ELEMENTARY SCHOOLS IN THE CORDOVA SCHOOLS ZONES

PROJECT THAT WILL IMPROVE SAFETY AND PROMOTE THE POSITIVE IMAGE OF

RANCHO CORDOVA

WHEREAS, the City solicited bids for the Cordova Schools Zones Project under the requirements of state law and publicly opened bids on December 2, 2021; and

WHEREAS, the lowest responsive and responsible bidder is FBD Vanguard Construction Inc.; and

WHEREAS, the Project will make improvements at six elementary schools that include high-visibility school crosswalks, curb ramps, solar-powered pedestrian-actuated rectangular rapid flashing beacons and solar-powered speed feedback signs, signage and minor drainage improvements; and

WHEREAS, adoption of this Resolution will award construction contract no. 2022-01 with FBD Vanguard Construction, Inc. in an amount not to exceed $839,995.00 for the Cordova School Zones Project; and

WHEREAS, the project funding consists of $1,122,000 in State ATP Grant Funds, Measure A Construction and Gas Tax. The contract does not impact the General Fund; and WHEREAS, the project was reviewed under the requirements of the California Environmental Quality Act and a Notice of Exemption was filed on March 10, 2021 with the County of Sacramento.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute contract no. 2022-01 in an amount not to exceed $839,995.00 with FBD Vanguard Construction, Inc. and in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of January 2022 by following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

CORDOVA SCHOOL ZONES PROJECT
FEDERAL/STATE ID ATPSB1L 5482(044)
CITY PROJECT NO. CP20-2200
A

BRAHAM LINCOLN ELEMENTARY

CORDOVA GARDENS ELEMENTARY

CORDOVA MEADOWS ELEMENTARY

CORDOVA VILLA ELEMENTARY

RANCHO CORDOVA ELEMENTARY

WHITE ROCK ELEMENTARY
ITEM 9.3.

ATTACHMENT 2

ITEM 9.3.

ATTACHMENT 3

CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND [CONTRACTOR NAME] FOR THE

CORDOVA SCHOOL ZONES PROJECT
FEDERAL/STATE ID ATPSB1L 5482(044)
CITY PROJECT NO. CP20-2200
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and FBD Vanguard Construction, Inc. (“Contractor”) as of January 18, 2022.

W I T N E S S E T H:

WHEREAS, the City Council for the City heretofore caused plans and specifications for the CORDOVA SCHOOL ZONES PROJET (“Project”) to be pre pared, and therefore did approve and adopt said plans and specifications; and
WHEREAS, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and WHEREAS, the notice was published on November 02, 2021 on CIPList.com and the City Webpage (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Pro ject and award to a contract therefore.

NOW THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:

Section 1. CONTRACT DOCUMENTS . The following documents are by this reference incorporated in and ma de a part of this Agreement: The State of California Standard Specifications and Standard Plans dated 2018; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the Plans and Specifications.

Section 2. SCOPE OF WORK . The Contra ctor will furn ish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2022- 01, as provided for and set forth in said Plans and Specifications, or in either of them, which said Plans and Specifications are hereby referred and by such reference incorporated herein and made a part of this Agreement. All of the said work done under this Agreement shall be under the supervision ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

of and performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by the C ontractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.

Section 3. COMPLETION. Said work shall be completed and ready for acceptance.

Section 4. PAYMENT . Attached hereto as Exhibit “A” and b y reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to with: Eight Hundred Thirty Nine Thousand Nine Hundred Ni nety Five Dollars ($839,995.00). Said sum shall be paid in accordance with Section 8 of the St andard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon c ompletion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.

Section 5. PREVAILING WAGES. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations.

Section 6. INSURANCE . The Contractor shall carry and maintain during the life of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.

Section 7. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions befor e commencing the performance of the work of this contract.”

Section 8. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work for the Project, file two bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bon d required by ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

California Civil Code Section 3247 et seq.,, and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.

Section 9. INDEMNIFICATION

9.1 Contractor’s Performance. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employees and volunteers from and against a ny and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, including cost of defense, settlement, arbitration, and reasonable attorneys’ fees arising out of, pertaining to, or resulting from the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the Contractor is legally liable under law, regardless of whether caused in part by a party indemnified hereunder.

9.2 No Limitation of Liability for Indemnification. The indemnities set fo rth in this Section shall not be limited by the insurance requirements set forth in the Contract.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contrac t documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.

10.2 Contract Administ ration. This A greement shall be administered by Edgar Medina ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.3 Notices. Any written notice to Contractor shall be sent to:

Dominic Sposeto
FBD Vanguard Construction, Inc.
550 Greenville Road
Livermore, Ca. 94550
[email protected] (used for insurance update requests)]

Any written notice to City shall be sent to:

Edgar Medina
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
[email protected]

10.4 IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

Section 11. REQUIRED CONTRACT PROVISIONS – FHWA 1273 – REVISED MAY 1, 2012

FEDERAL-AID CONSTRUCTION CONTRACTS

10.4.1 General

10.4.2 Nondiscrimination

10.4.3 Nonsegregated Facilities

10.4.4 Davis-Bacon and Related Act Provisions

10.4.5 Contract Work Hours and Safety
Standards Act Provisions

10.4.6 Subletting or Assigning the Contract

10.4.7 Safety: Accident Prevention

10.4.8 False Statements Concerning Highway
Projects

10.4.9 Implementation of Clean Air Act and
Federal Water Pollution Control Act

10.4.10 Compliance with Governmentwide
Suspension and Debarment Requirements

10.4.11 Certification Regarding Use of
Contract Funds for Lobbying

ATTACHMENTS

A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA -1273 must be physically incorporated in each construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excludi ng purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA -1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal -aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services). The design- builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider.

Contracting agencies may reference Form FHWA -1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, r ental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the con tract by the c ontractor's own
organization and with the assistance of workers under the contractor's immediate superintendence and to all work
performed on the contract by piecework, station work, or bysubcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment,
termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION

The pr
ovisions of this section related to 23 CFR Part 230 are applicable to all Fede ral-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all s ubcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceedi ng $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Se cretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title V I of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625- 1627, 41 CFR 60 and 49 CFR 27) and
orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract.

In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect toall of its terms and conditions of employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy the following statement:

"It is the policy of t his C ompany to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or trans fer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the- job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who must be assigned adequate authority and respons ibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. P eriodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings wi ll be conducted by the EEO Officer.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the cont ractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed i n p ublications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and dir ect recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the pr ovisions of that agreement to the extent that the system meets thecontractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referr ing such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and t ermination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such ot her persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. In the event a special provision for train ing is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to incre ase opportunities for minorities and women. Actions by the
contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.

The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approv ed DBE program are incorporated by
reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance w ith the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by aut horized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women;

b. T he contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391.

The staffing data should
represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor
ITEM 9.3.

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Contract No. 2022-01

will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by e mployee custom . The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt.

Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Con tract provisions and related matters” with minor revisions to conform to the FHWA - 1273 format and FHWA program requirements.

1. Minimum wages

a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not l ess often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds , or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wa ge
rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determinati on.

The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and

(ii) The classification is utilized in the area by the
construction industry; and

(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropri ate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.

(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where ap propriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The
Wage and Hour Administrator, or an aut horized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or
ITEM 9.3.

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Contract No. 2022-01

will notify the contracting officer within the 30- day period that additional time is necessary.

(4) The wage rate (including fringe benefi ts where
appropriate) determined pursuant to paragraphs 1.b.(2) or

1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding

The contracting agency shall upon its own action or upon written request of an authorized representative of the Depa rtment of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relati ng thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is fi nancially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprent ices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information requ ired to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (
e.g.
, the last four digits of the employee's social security number).

The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web si te at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor f or purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for i ts own records, without weekly submission to the contracting agency..

(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being mainta ined under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and
complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

c. The contractor or subcontractor shall make the records required under pa ragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her f irst 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determinati on for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in t he contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the f ull amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the t rainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the t rainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corres ponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Empl oyment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the rat io permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. The straight time hourly wage r ates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA -1273 in any subcontracts and also require the subcontractors to include Form FHWA -1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis -Bacon and Related Act
requirements. All rulings an d interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contrac t s hall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and

7. Disputes within the meaning of this clause include d isputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies th at neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such w orkweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek.

2. Violation; liability for unpaid wages; liquidat ed damages.

In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages.

The FHWA or the contacting agency shall upon its own action or upon written request of an aut horized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontract or for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounti ng to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by su bcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR
635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be incl uded in this term if the prime contractor meets all of the following conditions:

(1) the prime contractor maintains control over the
supervision of the day -to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wage s, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the f irm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of thecontract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design- build contracts; however, contra cting agencies may establish their own self -performance
requirements.

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.

1. In the performance of this contract t he contractor sh all comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in
accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pur
suant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract perform ance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS C ONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

"Whoever, being an officer, agent, or employee of the Uni ted States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to b e used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnis hed or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND

FEDERAL WATER POLLUTION CONTROL ACT

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bi dder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section Xin every subcontract, and further agrees to take s uch action as the contracting agency may direct as a means of enforcing such requirements.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal -aid construction contracts, design-b uild contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall subm
it an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d. The prospective first tier participant shall prov ide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.

e. The terms " covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transa ction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts ). “First Tier P articipant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall n ot knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions, " provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A part icipant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the cert ification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website ( https://www.epls.gov/),
which is
compiled by the General Services Administration.

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

i. Not hing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a l ower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

* * * * *

2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency;

(2) Have not within a three- year period precedin g t his proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 an d 1200)

a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this trans action was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or
subgrantee of Feder al funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who ha s e ntered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.

f. The prospective l ower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwis e ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System we bsite ( https://www.epls.gov/),
which is
compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction may
pursue available remedies, including suspension and/or
debarment.

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

* * * * *
Certification Regarding Debarment, Suspens ion,
Ineligibility and Voluntary Exclusion --Lower Tier
Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).

1. The prospect ive p articipant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appr opriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congr ess in connect ion with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

2. This certification is a material r epresentation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of thi s certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY

SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS

This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the cl assification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

Compliance with Cargo Preference Act of 1954, 46 CFR Part 381

"Use of United States-flag vessels: The contractor agrees-

"(I) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equ ipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

"(2) To furnish within 20 days following the date of loading for shipments origi nating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on- board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

"(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract." Section 12. REQUIRED CONTRACT PROVISIONS – TITLE VI ASSURANCES IN CONTRACTS Appendix E
During the performance of this contract, t he contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisiti on Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

(prohibits discrimination based on race, creed, color, national origin, or sex); • The Ci vil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definit ion of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Exec utive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin di scrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to - ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the E ducation Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.

CITY OF RANCHO CORDOVA: FBD Vanguard Construction, Inc.

Cyrus Abhar, City Manager [NAME, TITLE]

Date Date
Attest:

Stacy Leitner, City Clerk

Date

Approved as to Form:

Adam U. Lindgren, City Attorney

Date

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

ITEM 9.3.

ATTACHMENT 4
Contract No. 2022-01

MEMORANDUM
City Council Staff Report - Page 1 of 3

ITEM 9.4.

DATE: January 18, 2022

TO: Honorable Mayor and Council Members

FROM: Adam Lindgren, City Attorney

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CORDOVA AND ON BEHALF OF COMMISSIONS AND COMMITTEES

CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT
CODE SECTION 54952(B) CONFIRMING THE STATE OF
EMERGENCY UNDER GOVERNMENT CODE SECTION 8625,

RECOGNIZING CONTINUED MEASURES TO PROMOTE SOCIAL

DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY FOR THE PERIOD FROM JANUARY 18,
2022 TO FEBRUARY 16, 2022

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the attached Resolution would allow the City Council and the City’s other legislative bodies to continue to meet via teleconference (“virtually”) in a manner substantially similar to the manner in which they have met during the COVID-19 pandemic, if a proclaimed State of Emergency remains in effect and other requirements are satisfied.

BACKGROUND

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct virtual meetings to slow the spread of COVID-

19. As a result of Executive Order N-29-20, City Staff set up virtual meetings for the City Council and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.

On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which allows local legislative bodies to continue to conduct meetings via teleconferencing under specified

City Council Staff Report - Page 2 of 3
conditions. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. On September 20, 2021, the City Council held a meeting in compliance with AB 361’s requirements for remote meetings.

In order for AB 361 to remain effective for meetings of the City’s legislative bodies, the City Council is required to make specified findings every 30 days. AB 361 allows a legislative body to continue holding meetings utilizing teleconferencing without complying with the standard teleconferencing requirements if a State of Emergency is proclaimed under Government Code section 8625, the City has reconsidered the emergency conditions, and if the local Public Health Officer continues to recommend social distancing measures to protect the public’s health and safety during local government meetings. These conditions are present.

Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. The potential spread of COVID-19 continues to threaten public health and safety during indoor public gatherings, including indoor gatherings of the Rancho Cordova City Council and other Rancho Cordova legislative bodies. In addition, the Sacramento County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.

SUMMARY

The attached Resolution makes the required findings that the current conditions exist to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the legislative bodies commissions and committees created by the City Council pursuant to Government Code section 54952(b). This will allow members of the public to safely observe and participate in local government meetings during the pandemic.

If a meeting is held via teleconference under AB 361, the following requirements apply:

1.Notices and agenda requirements remain the same under the Brown Act;

2.No physical location is required for public attendance or public comment.However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;

3.Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;

4.If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;

5.Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;

6.If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and

7.When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.

City Council Staff Report - Page 3 of 3

FISCAL IMPACT AND FUNDING SOURCE

The cost of continued remote access to Council meetings and the meetings of other City committees.

ATTACHMENT(S)

1. Resolution - AB 361 Rancho Cordova

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 3

CITY OF RANCHO CORDOVA
CITY COUNCIL RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AND ON

BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO GOVERNMENT CODE SECTION 54952(b) CONFIRMING THE STATE OF EMERGENCY UNDER GOVERNMENT CODE SECTION 8625, RECOGNIZING CONTINUED

MEASURES TO PROMOTE SOCIAL DISTANCING, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY FOR THE PERIOD FROM JANUARY 18, 2022 TO FEBRUARY 16, 2022
WHEREAS, the City is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 20, 2021 the City held a meeting during a state of emergency under Government Code section 8625 and during a period of recommended social distancing by state and local officials while complying with Government Code section 54953(e)(2); and WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City continues to experience emergency conditions due to COVID-19, specifically, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) continues to threaten public health and safety during indoor public gatherings; and WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3 WHEREAS, on July 30, 2021, the Sacramento County Health Officer issued an order requiring all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS, the Sacramento County Health Officer’s order incorporates the CDC’s guidance for vaccinated and unvaccinated people; and
WHEREAS, the State has issued an order in effect to February 15, 2022 requiring everyone in California to wear a mask in indoor public spaces and workplaces; and WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953 as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency pursuant to Government Code section 8625 and proclaims that a local emergency persists throughout the City, affirms the Sacramento Health Order’s required and recommended measures to promote social distancing, and finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow the Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

Section 3. Remote Teleconference Meetings. City Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) February 16, 2022 or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova, this 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donald Terry, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 12.1.

DATE: January 18, 2022

TO: Honorable Mayor and Council Members

FROM: Adam Lindgren, City Attorney

SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF RANCHO CORDOVA ESTABLISHING A TEMPORARY

MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF

ELECTRONIC CIGARETTE RETAILERS AND ELECTRONIC

CIGARETTE LOUNGES AND VAPOR BARS

RECOMMENDATION

Introduce and adopt the Urgency Ordinance.

RESULT OF RECOMMENDED ACTION

The Urgency Ordinance, if adopted, would immediately go into effect, which would be a temporary moratorium on the establishment and operation of electronic cigarette retailers and electronic cigarette lounges and vapor bars. An Ordinance amending the Municipal Code to ban the sale of flavored tobacco will be brought to the City Council at a future regular meeting for consideration and adoption.

BACKGROUND

In 2019, an estimated 4.31 million middle and high school students in the U.S. used flavored tobacco products within a given 30-day period. This included flavored e-cigarettes, menthol cigarettes, flavored cigars and hookah and flavored pipe tobacco. While the Food and Drug Administration (FDA) has announced that they have begun the process of adopting regulations to prohibit the sale of menthol cigarettes and all flavored cigars, to date, FDA has not issued any proposed rules.

When previously discussed at a regular Council meeting, it was thought that the Federal Government would be passing additional legislation on the sale of flavored tobacco products.

At that time, the City Council decided to wait and see what regulations were adopted before enacting a City ordinance to prohibit these types of tobacco products. No Federal or State prohibitions have been adopted, yet the use of these products is on the rise.

ANALYSIS
The Rancho Cordova Municipal Code currently regulates electronic cigarette retailers the same as tobacco retailers, and it imposes the same land use controls on electronic cigarette lounges and vapor bars as smokers’ lounges and hookah bars. Under state law, electronic cigarettes

City Council Staff Report - Page 2 of 2
cannot be sold to anyone under the age of 18. Electronic cigarette retailers, electronic cigarette lounges and vapor bars are typically adults-only uses in a commercial setting and may not be appropriate in all zoning districts or near uses where minors and other sensitive receptors are present.

Pursuant to California Government Code Section 65858(a), the City Council may, to protect public safety, health and welfare, adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council is considering or studying or intends to study within a reasonable time; that adoption of such urgency measure requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum of two times and have a maximum total duration of two years.

Although the severity of long-term effects of using electronic cigarettes are still unknown, initial studies have found carcinogens and toxic chemicals in electronic cigarette vapors, including ingredients used to make anti-freeze. Due to the unknown and potentially dangerous long-term health effects of electronic cigarettes, the City wishes to treat establishments that permit the use and sale of electronic cigarettes separate from tobacco establishments. There are several electronic cigarette retailers, electronic cigarette lounges and/or vapor bars presently operating in the City. City staff anticipates additional requests for similar businesses in the immediately foreseeable future. The establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars in the City before the City can adopt regulations presents a current and immediate threat to public health, safety and welfare.

The Urgency Ordinance will provide additional time to: (1) address the community concerns regarding the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars, (2) study the potential impacts that electronic cigarette retailers, electronic cigarette lounges and vapor bars may have on the public health, safety and welfare, (3) study and determine what local regulations may be appropriate or necessary for electronic cigarette retailers, electronic cigarette lounges and vapor bars, (4) study and determine the appropriate zoning and location for electronic cigarette retailers, electronic cigarette lounges and vapor bars, and (5) determine appropriate controls for protection of public health and welfare. Staff will return to the City Council at a future meeting with an Ordinance amending the Rancho Cordova Municipal Code once the items above have been thoroughly studied and addressed.

ENVIRONMENTAL
Under Title 14 of the California Code of Regulations, Section 15061(b)(3), this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential to cause a significant effect on the environment.

FISCAL IMPACT AND FUNDING SOURCE

There is no Fiscal Impact.

ATTACHMENT(S)

1. Urgency Ordinance

2. News Articles

ITEM 12.1. ATTACHMENT 1 Ordinance No. XX-2022 Page 1 of 4

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2022

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RANCHO CORDOVA ESTABLISHING A TEMPORARY MORATORIUM ON

THE ESTABLISHMENT AND OPERATION OF ELECTRONIC CIGARETTE

RETAILERS AND ELECTRONIC CIGARETTE LOUNGES AND VAPOR BARS

THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1.This interim Ordinance is adopted under the provisions set forth in Government Code Section 65858 and imposes a 45 day moratorium on issuing any and all City approvals, including, but not limited to, business tax-certificates, building permits, variances, and conditional use permits, for the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars, as those terms are hereinafter defined, within the City of Rancho Cordova.

Section 2. Findings.

The City Council hereby finds as follows:

A. Under Article XI, Section 7 of the California Constitution, the City of Rancho Cordova may make and enforce within its limits all local police, sanitary and other ordinances and regulations not in conflict with general laws; and
B. Under California Government Code Section 65858(a), the City Council may, to protect public safety, health and welfare, adopt as an urgency measure, an interim Ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council is considering or studying or intends to study within a reasonable time; that adoption of such urgency measure requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from adoption, and may be extended a maximum of two times and have a maximum total duration of two years; and C. The purpose of this Ordinance is to protect the public safety, health and welfare by adopting, as an urgency measure, an interim prohibition/moratorium on land use approvals, business tax certificate and building permit issuance for the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars; and D. The Rancho Cordova Municipal Code currently regulates electronic cigarette retailers the same as tobacco retailers, and imposes the same land use controls on electronic cigarette lounges and vapor bars as smokers’ lounges and hookah bars; and E. Under state law, electronic cigarettes cannot be sold to anyone under the age of

18. Electronic cigarette retailers, electronic cigarette lounges and vapor bars are typically adults- only uses in a commercial setting and may not be appropriate in all zoning districts or near uses where minors and other sensitive receptors are present; and F. Although the long-term effects of using electronic cigarettes are still unknown, initial studies have found carcinogens and toxic chemicals in electronic cigarette vapors, including

ITEM 12.1. ATTACHMENT 1 Ordinance No. XX-2022 Page 2 of 4
ingredients used to make anti-freeze. Youth and young adults are specifically targeted by the sale of electronic cigarettes, and studies have linked the use of electronic cigarettes to developmental harm of the adolescent brain. The establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars in the City before the City can adopt regulations presents a current and immediate threat to the public health, safety and welfare; and G. Due to the unknown and potentially dangerous long-term health effects of electronic cigarettes, the City wishes to treat establishments that permit the use and sale of electronic cigarettes separate from tobacco establishments; and H. There are several electronic cigarette retailers, electronic cigarette lounges and/or vapor bars operating in the City. City staff anticipates additional requests for similar businesses in the foreseeable future; and
I. Electronic cigarette retailers, electronic cigarette lounges and vapor bars can create undesirable effects on surrounding commercial establishments, residential areas and on those who participate in such activities. Studies have found that local policies restricting the availability of electronic cigarettes around sensitive groups, including youth and young adults, reduces their access to these products. Until the City institutes additional land use controls over electronic cigarette retailers, electronic cigarette lounges and vapor bars, the community is at risk in that such businesses could be established, operated, modified or expanded, before the adoption of measures necessary to protect public health, safety and welfare; and J. The City needs additional time to (1) address the community concerns regarding the establishment and operation of new electronic cigarette retailers, electronic cigarette lounges and vapor bars, (2) study the potential impacts that electronic cigarette retailers, electronic cigarette lounges and vapor bars may have on the public health, safety and welfare, (3) study and determine what local regulations may be appropriate or necessary for electronic cigarette retailers, electronic cigarette lounges and vapor bars, (4) study and determine the appropriate zoning and location for electronic cigarette retailers, electronic cigarette lounges and vapor bars, and (5) determine appropriate controls for protection of public health and welfare; and K. For the reasons set forth above, this Ordinance is necessary to preserve the public health, safety and welfare and to avoid a current and immediate threat to the health, safety and welfare of the community.

Section 3. Scope.

Under the authority granted the City of Rancho Cordova under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, after the effective date of this Ordinance, no permit or any other applicable license or entitlement for use, including but not limited to issuing a business tax certificate, building permit, conditional use permit, or other land use approval, shall be approved or issued for the establishment or operation of electronic cigarette retailers, electronic cigarette lounges and vapor bars in the City of Rancho Cordova. Additionally, new electronic cigarette retailers, electronic cigarette lounges and vapor bars are hereby expressly prohibited in all areas and zoning districts of the City.

Section 4. Definitions.

ITEM 12.1. ATTACHMENT 1 Ordinance No. XX-2022 Page 3 of 4

1. For this Ordinance, “electronic cigarette retailers” means any establishment that sells electronic cigarettes or any products used in conjunction with electronic cigarettes, including but not limited to kits, e-liquids and “juice”.

2. For this Ordinance, “electronic cigarette” means any electronic or battery- operated device, the use of which resembles smoking, that can be used to deliver an inhalable dose of nicotine or other substances by delivering a vaporized solution. “Electronic cigarette” includes any such electronic smoking device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic cigarette” does not include any product specifically approved by the United States Food and Drug Administration for the mitigation, treatment, or prevention of disease.

3. For this Ordinance, “electronic cigarette bars/lounges” and “vapor bars/lounges” are any facility, building, structure or location, including a patio, whether fixed or mobile, where customers utilize an electronic cigarette, including use of an electronic cigarette to sample e-liquids and/or vapor products.

Section 5.The City Manager, or his or her designee, is hereby authorized to administer and interpret the provisions of this Urgency Ordinance, including but not limited to, review of specific use permits applications, variance requests, building permit applications, and other land use approvals, to determine whether the requested use permit, variance, building permit or other land use approval is subject to this Ordinance.

Section 6.The City Manager, or his or her designee, shall review and consider options for regulating electronic cigarette retailers, electronic cigarette lounges, and vapor bars/lounges in the City and provide the City Council a written report at least ten (10) days prior to expiration of this Ordinance describing the measures that the City has taken to address the conditions which led to the adoption of this interim Ordinance.

Section 7.Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.

To this end, provisions of this Ordinance are severable. The City Council of the City of Rancho Cordova hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

Section 8.Effective Date and Duration.

This Ordinance shall become effective immediately upon passage and adoption if passed and adopted by at least four-fifths vote of the City Council and shall be in effect for 45 days there from unless extended by the City Council under California Government Code Section 65858.

Section 9. CEQA.

ITEM 12.1. ATTACHMENT 1 Ordinance No. XX-2022 Page 4 of 4
The City Council finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because it is not a Project which has the potential for causing a significant effect on the environment.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Donald Terry, Mayor
ATTEST:
________________________
Stacy Leitner, CMC
City Clerk

1/10/22, 3:30 PM FDA Commits to Evidence-Based Actions Aimed at Saving Lives and Preventing Future Generations of Smokers | FDA https://www.fda.gov/news-events/press-announcements/fda-commits-evidence-based-actions-aimed-saving-lives-and-preventing-future-generations-s… 1/3

FDA NEWS RELEASE
FDA Commits to Evidence-Based Actions Aimed at Saving Lives and Preventing Future Generations of Smokers
Efforts to ban menthol cigarettes, ban flavored cigars build on previous flavor ban and mark significant steps to reduce addiction and youth experimentation, improve quitting, and address health disparities For Immediate Release:

April 29, 2021
Español (/news-events/press-announcements/la-fda-se-compromete-tomar-medidas-basadas-en-la-evidencia-dirigidas-salvar-vidas-y-prevenir-futuras) Today, the U.S. Food and Drug Administration announced it is committing to advancing two tobacco product standards to significantly reduce disease and death from using combusted tobacco products, the leading cause of preventable death in the U.S. The FDA is working toward issuing proposed product standards within the next year to ban menthol as a characterizing flavor in cigarettes and ban all characterizing flavors (including menthol) in cigars; the authority to adopt product standards is one of the most powerful tobacco regulatory tools Congress gave the agency. This decision is based on clear science and evidence establishing the addictiveness and harm of these products and builds on important, previous actions that banned other flavored cigarettes in 2009.
“Banning menthol—the last allowable flavor—in cigarettes and banning all flavors in cigars will help save lives, particularly among those disproportionately affected by these deadly products. With these actions, the FDA will help significantly reduce youth initiation, increase the chances of smoking cessation among current smokers, and address health disparities experienced by communities of color, low-income populations, and LGBTQ+ individuals, all of whom are far more likely to use these tobacco products,” said Acting FDA Commissioner Janet Woodcock, M.D. “Together, these actions represent powerful, science-based approaches that will have an extraordinary public health impact. Armed with strong scientific evidence, and with full support from the
Administration (https://www.hhs.gov/about/news/2021/04/29/statement-hhs-secretary-xavier-becerra-fda-tobacco- actions-menthol-cigarettes-flavored-cigars.html), we believe these actions will launch us on a trajectory toward ending tobacco- related disease and death in the U.S.”
The agency is taking urgent action to reduce tobacco addiction and curb deaths. There is strong evidence that a menthol ban will help people quit.

Studies show that menthol increases the appeal of tobacco and facilitates progression to regular smoking, particularly among youth and young adults. Menthol masks unpleasant flavors and harshness of tobacco products, making them easier to start using. Tobacco products with menthol can also be more addictive and harder to quit by enhancing the effects of nicotine. One study
(https://tobaccocontrol.bmj.com/content/early/2021/03/31/tobaccocontrol-2020-056259)  (http://www.fda.gov/about-fda/website- policies/website-disclaimer) suggests that banning menthol cigarettes in the U.S. would lead an additional 923,000 smokers to quit, including 230,000 African Americans in the first 13 to 17 months after a ban goes into effect. An earlier study (https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2011.300179)  (http://www.fda.gov/about-fda/website-policies/website-disclaimer) projected that about 633,000 deaths would be averted, including about 237,000 deaths averted for African Americans. “For far too long, certain populations, including African Americans, have been targeted, and disproportionately impacted by tobacco use. Despite the tremendous progress we’ve made in getting people to stop smoking over the past 55 years, that progress hasn’t been experienced by everyone equally,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products. “These flavor standards would reduce cigarette and cigar initiation and use, reduce health disparities, and promote health equity by addressing a significant and disparate source of harm. Taken together, these policies will help save lives and improve the public health of our country as we confront the leading cause of preventable disease and death.” If implemented, the FDA’s enforcement of any ban on menthol cigarettes and all flavored cigars will only address manufacturers, distributors, wholesalers, importers and retailers. The FDA cannot and will not enforce against individual consumer possession or use of menthol cigarettes or any tobacco product. The FDA will work to make sure that any unlawful tobacco products do not make their way onto the market.

These actions are an important opportunity to achieve significant, meaningful public health gains and advance health equity. The FDA is working expeditiously on the two issues, and the next step will be for the agency to publish proposed rules in the Federal Register allowing an opportunity for public comment.

The agency also recognizes the importance of ensuring broad and equitable access to all the tools and resources that can help currently addicted smokers seeking to quit, including those who smoke menthol cigarettes and would be impacted by these public health measures. The FDA will work with partners in other federal agencies to make sure the support is there for those who are trying to quit. Smokers interested in quitting today should visit
smokefree.gov (https://smokefree.gov/) or call 1-800-QUIT-NOW to learn about cessation services available in their state.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:30 PM FDA Commits to Evidence-Based Actions Aimed at Saving Lives and Preventing Future Generations of Smokers | FDA https://www.fda.gov/news-events/press-announcements/fda-commits-evidence-based-actions-aimed-saving-lives-and-preventing-future-generations-s… 2/3 The FDA also remains focused on its regulatory oversight of e-cigarettes and other electronic nicotine delivery systems (ENDS). The Center for Tobacco Products recently provided an update (/tobacco-products/ctp-newsroom/perspective-fdas-progress-review-tobacco-product-applications- submitted-sept-9-2020-deadline) on its ongoing work of conducting the premarket review of ENDS and other tobacco product applications, and has issued warning letters to ENDS product manufacturers and retailers who continue to sell products that are illegally on the market. The FDA has also made a significant investment in a multimedia e-cigarette public education campaign. The campaign targets nearly 10.7 million youth aged 12-17 who have ever used e-cigarettes or are open to trying them, and highlights information about the potential risks of e-cigarette use.

Background on Today’s Actions
Menthol Product Standard
Today, the FDA granted a citizen petition requesting that the agency pursue rulemaking to prohibit menthol in cigarettes, affirming its commitment to proposing such a product standard.

The 2009 Tobacco Control Act (TCA) did not include menthol in its ban on characterizing flavors in cigarettes, leaving menthol cigarettes as the only flavored combusted cigarettes still marketed in the U.S. The law instructed the FDA to further consider the issue of menthol in cigarettes.

Since then, the FDA sought input from an independent advisory committee as required by the TCA (https://wayback.archive- it.org/7993/20170404143901/https:/www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/u  (http://www.fda.gov/about-fda/website-policies/website-disclaimer), and further demonstrated its interest by issuing an Advance Notice of Proposed Rulemaking (https://www.federalregister.gov/documents/2013/07/24/2013-17805/menthol-in-cigarettes-tobacco-products-request-for- comments), undertaking an independent evaluation (https://www.fda.gov/media/86497/download) and supporting broader research efforts—all to better understand the differences between menthol and non-menthol cigarettes and the impact of menthol on population health.

In the U.S., it is estimated that there are nearly 18.6 million current smokers of menthol cigarettes. But use of menthol cigarettes among smokers is not uniform: out of all Black smokers, nearly 85% smoke menthol cigarettes, compared to 30% of White smokers who smoke menthols. In addition, among youth, from 2011 to 2018, declines in menthol cigarette use were observed among non-Hispanic White youth but not among non-Hispanic Black or Hispanic youth.

Cigar Flavor Product Standard
After the 2009 statutory ban on flavors in cigarettes other than menthol, use of flavored cigars increased dramatically, suggesting that the public health goals of the flavored cigarette ban may have been undermined by continued availability of these flavored cigars.

Flavored mass-produced cigars and cigarillos are combusted tobacco products that can closely resemble cigarettes, pose many of the same public health problems, and are disproportionately popular among youth and other populations. In 2020, non-Hispanic Black high school students reported past 30-day cigar smoking at levels twice as high as their White counterparts.

Nearly 74% of youth aged 12-17 who use cigars say they smoke cigars because they come in flavors they enjoy. Among youth who have ever tried a cigar, 68% of cigarillo users and 56% of filtered cigar users report that their first cigar was a flavored product. Moreover, in 2020, more young people tried a cigar every day than tried a cigarette.

Related Information
Statement by HHS Secretary Xavier Becerra on FDA Tobacco Actions on Menthol Cigarettes and Flavored Cigars (https://www.hhs.gov/about/news/2021/04/29/statement-hhs-secretary-xavier-becerra-fda-tobacco-actions-menthol-cigarettes-flavored- cigars.html)
###
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

Inquiries
Media:

Alison Hunt (mailto:[email protected])
 202-308-5496
Consumer:
 888-INFO-FDA
ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 1/19 It is well established that flavors play a significant role in enticing youth and young adults to try and use tobacco products.

Federal law bans flavors in cigarettes — excluding menthol — and currently the U.S.

Food and Drug Administration (FDA) prioritizes enforcement against non-menthol flavors in cartridge-based e-cigarettes, but not in other tobacco products, such as open system e-cigarettes, disposable e-cigarettes, smokeless tobacco, cigars, and hookah.

These products come in an array of candy, fruit, dessert and cocktail flavors, such as sour apple, cherry, grape, chocolate, strawberry margarita, appletini, pina colada, cotton candy and cinnamon roll. Flavored tobacco products also typically have bright, colorful packages and are often sold individually and cheaply, making them even more appealing to youth and young adults. In April 2021, the administration and FDA announced they will begin the process within the year for rulemaking to prohibit the sale of menthol cigarettes and all flavored cigars. To date, FDA has not issued any proposed rules.

Research on national use patterns, perceptions, marketing and existing policies makes clear that the United States must ban all flavored tobacco products to protect public health and keep tobacco products out of the hands of young people.

Flavored tobacco use among youth and
young adults
Jun. 28, 2021 | 15 min read
ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 2/19 Flavored Tobacco Product Use
Youth and young adults use flavored tobacco products more than other age groups.

Additionally, flavored products are often the first tobacco products youth and young adults ever use.

YOUTH
In 2019, an estimated 4.31 million middle and high school students in the U.S. used a flavored tobacco product in the past 30 days.

13.8% of middle and high school students used flavored e-cigarettes in the past 30 days.

2.0% smoked menthol cigarettes

2.2% smoked flavored cigars

1.7% used smokeless tobacco

0.8% used flavored hookah

0.3% smoked flavored pipe tobacco
In 2019, nearly 7 out of 10 youth who were current tobacco users reported they used a flavored tobacco product. Among students who reported they were currently using a ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 3/19 tobacco product, 72.8% of high school students and 59.6% of middle school students reported using flavored products, including:

68.8% of current e-cigarette users,

46.7% of current cigarette smokers,

41.9% of current cigar smokers,

48.0% of current smokeless tobacco users,

31.2% of current hookah users, and

31.4% of pipe tobacco users.

In 2020, an estimated 2.93 million middle and high school students in the U.S. used flavored e-cigarettes within the past 30 days. From 2019 to 2020, the proportion of current e-cigarette users using flavored e-cigarettes increased from 68.8% to 82.9%.

In 2020, among high school students who currently use any type of flavored e- cigarette, the most commonly used flavor types were:

Fruit (73.1%),
Mint (55.8%),
Menthol (37.0%), and
Candy, desserts, or other sweets (36.4%).

In 2019, the year for which we have the most recent data, flavored tobacco product use was highest among non-Hispanic white youth (76.8%), compared with students of other non-Hispanic races (68.1%), Hispanics (63.1%), and non- Hispanic blacks (48.0%), though there is variability among type of tobacco product.

Nearly 81% of youth ages 12 to 17 who had ever used a tobacco product reported that the first product they used was flavored, including:

88.7% of ever hookah users,

81.2% of ever snus pouch users,

81.0% of ever e-cigarette users,

68.9% of ever smokeless tobacco users,

65.4% of ever users of any cigar type, and

50.1% of ever cigarette smokers.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 4/19

YOUNG ADULTS
More than four out of five young adults ages 18 to 24 who have ever used tobacco reported that their first product was flavored.

Flavored tobacco product use is higher in younger adults than in older adults. Nearly three-quarters — 72.7% — of young adult current tobacco users report flavored tobacco use, compared to just 28.6% of adults over 65.

Among young adult non-cigarette tobacco users, 83.5% report that they use a flavored product. Hookah users reported the most flavored product use — with nearly 86% — followed closely by e-cigarette users with 85.2%.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 5/19

YOUTH AND YOUNG ADULT

PERCEPTIONS OF FLAVORED

PRODUCTS
Research shows that youth highly prefer sweet tastes and sweet odors, which may explain the appeal of flavored products, especially the most preferred flavor categories of fruit and candy. Youth and young adults perceive flavored tobacco products as more appealing, better tasting and less harmful than non-flavored tobacco products. Flavors, especially sweet and fruit flavors, play a role in influencing tobacco use or experimentation in youth and young adults. For example, a 2016 study using a national sample of youth 13 to 17 years old found that they were more likely to try menthol-, candy- or fruit-flavored e-cigarettes if a friend offered, compared to tobacco- and alcohol-flavored e-cigarettes. Youth also perceived fruit-flavored and menthol-flavored e-cigarettes as less harmful than tobacco-flavored e-cigarettes.

Flavors, especially sweet and fruit flavors, play a role in influencing tobacco use or experimentation in youth and young adults. For example, a 2016 study using a national sample of youth 13 to17 years old found that they were more likely to try menthol-, candy- or fruit-flavored e-cigarettes if a friend offered, compared to tobacco- and alcohol-flavored e-cigarettes. Youth also perceived fruit-flavored and menthol-flavored e-cigarettes as less harmful than tobacco-flavored e-cigarettes.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 6/19 All e-cigarettes have a characterizing flavor, such as tobacco, menthol, fruit or candy. A 2017 study found 15,586 distinct e-cigarette flavors on the market. Additional evidence indicates that people view flavors as an attractive characteristic of e-cigarettes, and youth and young adults cite flavors as a reason for e-cigarette use.

Youth who regularly use tobacco also report that flavoring is a leading reason for using a range of tobacco products. Among youth, non-cigarette users who had used a product in the last 30 days, a large majority cited flavoring as a primary reason they used the products.

Many hookah companies offer multiple flavors in their product lineup, which may entice hookah use among young people. A focus group of young adult hookah smokers showed that participants found the wide variety of hookah flavors appealing and liked that they could personalize their smoking experience by mixing and customizing flavors. Additionally, young adults perceive hookah as less harmful and less addictive than cigarettes.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 7/19 Youth also may perceive cigars more favorably than cigarettes and consider cigars more natural, less harmful, cheaper and better smelling. The use of flavors in cigar products, including little cigars and cigarillos, may play a role in leading youth and young adults to believe that they are less harmful than cigarettes.

MARKETING OF FLAVORED TOBACCO

PRODUCTS
Tobacco product manufacturers aggressively market flavored products in several ways, including emphasizing flavors in advertisements, paying to place them on store countertops, using colorful imagery on packaging and introducing new and limited- edition flavors.

The packaging and other marketing of flavored products, little cigars, cigarillos and e- cigarettes often emphasize their flavors with bright colors and descriptors such as ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 8/19 “bold wintergreen,” “crisp apple” or “refreshing citrus.”65 Companies also release new, seasonal or limited-edition flavors, such as “harvest blend,” “summer fusion,” “sticky sweets” and “spiced rum.”
In some states, these flavored products are often found on counter tops, or next to candy displays, where they are visible and easily accessible to youth. While the 2009 Family Smoking Prevention and Tobacco Control Act requires that cigarettes and smokeless tobacco products be located behind the counter, the restriction does not apply to other tobacco products. Some states, but not all, have required that all tobacco products be behind the counter.

Companies have also increased their flavor offerings to attract new users. For example, a study of internal tobacco industry documents found that smokeless tobacco product manufacturers added flavors to their products to attract new users, especially young males. The proportion of magazines that included advertising for flavored smokeless products has also increased — it rose from 17% of magazines in 1998 to 71% in 2005.

Cigar manufacturers have also relied on flavors to increase the appeal of their products. After the release of the 1964 Surgeon General’s report focusing on the health effects of cigarette smoking, major cigar manufacturers aimed to increase the appeal of little cigars and cigarillos to cigarette smokers. They added flavors to these products to mask the harsh and heavy taste of cigar tobacco, reduce throat irritation and make the smoke easier to inhale. They also used flavors to make little cigars and cigarillos more appealing to new and younger smokers and to recruit women and minorities to become users of these products. In addition, manufacturers have made little cigars visually almost identical to cigarettes, including packaging them in the traditional 20- cigarette soft pack.

Truth Initiative conducted several studies about the availability and marketing of cigars.

One found that more than 80% of stores selling tobacco in Washington, D.C., sold little cigars and cigarillos, and of those stores that sold little cigars and cigarillos, 95% sold them in flavors such as fruit, candy and wine. A separate study of YouTube videos promoting little cigars and cigarillos found that they often advertised their candy flavors. A third Truth Initiative study of direct-to-consumer marketing of cigar products found that many of the advertisements featured flavored cigar products.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 9/19 POLICY IN THE U.S.

FEDERAL POLICY
The 2009 Tobacco Control Act gave the FDA the authority to regulate tobacco products.

The law also prohibits the use of characterizing flavorings in cigarettes, except for menthol. A study using data from the National Survey on Drug Use and Health found the flavored cigarette ban was associated with a 43% decline in smoking among youth ages 12 to 17 and a 27% decline in smoking among young adults ages 18 to 25. The study also found an increase in smoking of menthol cigarettes among youth immediately after the ban took effect, suggesting a substitution effect between flavored tobacco products.

Although the Tobacco Control Act gave the FDA the right to regulate all tobacco products, it did not specifically include non-cigarette tobacco products, such as cigars, little cigars, cigarillos, hookah, and e-cigarettes, in the ban on characterizing flavors.

The FDA issued an enforcement policy in January 2020 that bans flavored cartridge- based e-cigarettes, other than menthol. Under current federal law, flavored smokeless tobacco, cigars, hookah and most e-cigarette products, such as e-liquids and refillable tanks, disposable e-cigarettes and menthol flavored pod e-cigarette products are allowed on the market.

Under current federal law, flavored smokeless
tobacco, cigars, hookah and most e-cigarette
products are allowed on the market.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 10/19 The Tobacco Control Act also required the FDA Tobacco Products Scientific Advisory Committee (TPSAC) to conduct a review of menthol cigarettes’ effect on youth and other vulnerable populations. TPSAC published its report in March 2011, concluding that “the removal of menthol cigarettes from the marketplace would benefit public health in the United States.” In July 2013, the FDA published its own report, which came to a similar conclusion. At the same time, FDA requested public comment seeking additional information to help the agency make informed decisions about menthol in cigarettes. Almost five years later, in March 2018, the FDA again requested public comment on the role that menthol in tobacco products plays in attracting youth, in the likelihood of quitting smoking, and in the use of other tobacco products, including cigars and e-cigarettes.

In 2016, the FDA indicated that it intended to extend the ban on flavored cigarettes (excluding menthol) to cigars. In March 2018, the FDA issued an advance notice of proposed rulemaking to request public comment to better understand the role that flavors in tobacco products play in attracting youth. In March 2019, the FDA announced that it was considering removing any flavored cigars that were on the market as of August 8, 2016 and met the definition of a new tobacco product.

As the FDA faced a court-ordered deadline to respond to a 2013 citizen’s petition brought by a group of public health groups, the administration announced in April 2021 that it will begin the process within the year for rulemaking to prohibit the sale of menthol cigarettes and all flavored cigars. To date, FDA has not issued any proposed rules.

STATE AND LOCAL POLICIES
Several states and localities have enacted laws to restrict the sale of flavored tobacco products. Truth Initiative’s flavor policy database analyzes flavored tobacco product laws enacted by states, counties, cities, and towns. By the end of December 2020, 331 localities have placed some type of restriction on flavored tobacco products and, of those, 106 have comprehensive bans on menthol products, which are sometimes exempted from flavor policies.

In 2012, Providence, Rhode Island, became the first city to prohibit the sale of tobacco products with a characterizing flavor, including, but not limited to, the tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, herb, spice, dessert or alcoholic beverage. The law exempts menthol, mint and wintergreen flavors. The tobacco industry sued to prevent this law from taking effect, and after a lengthy legal ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 11/19 battle, a federal appeals court upheld the ordinance as a lawful exercise of local authority to regulate the sale of tobacco products.

In 2013, New York City prohibited the sale of tobacco products with a characterizing flavor. The law does not apply to e-cigarettes and does not include the flavors tobacco, menthol, mint or wintergreen. Using data on retail tobacco sales, a study found that sales of flavored tobacco products in New York City, excluding menthol tobacco products, decreased by 87% after the law went into effect. The research also found that in 2013, New York City youth aged 13 to 17 had 37% lower odds of ever trying flavored tobacco products than they did in 2010. Teenagers in New York City in 2013 also had 28% lower odds of ever using any type of tobacco product compared to teenagers in 2010. In 2020, New York State enacted a law prohibits the sale of all flavored e- cigarettes, except those approved as part of an FDA premarket approval.

Comprehensive menthol bans, defined as those that prohibit sales of all types of flavors across all products, including menthol/mint/wintergreen tobacco products, are gaining momentum at the local and state level. In 2019, Massachusetts became the first state to enact a comprehensive ban on the sale of all flavored tobacco products, including menthol cigarettes, except in smoking bars, such as cigar bars and hookah lounges, where it is allowed for on-site consumption.

Other states and localities have passed laws restricting the sale of flavored tobacco products. As of December 31, 2020:
331 U.S. jurisdictions have some type of restriction on flavored tobacco product sales. 106 U.S. jurisdictions have comprehensive flavored tobacco product bans, including Chicago, Los Angeles County, Minneapolis, Oakland, Sacramento, and San Francisco.

Maine has banned the sale of cigars with candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey and alcoholic drink flavors. Premium cigars are exempt from the flavor ban.

The Maryland Comptroller’s Field Enforcement Division prohibits the sale of flavored cartridge-based e-cigarettes and disposable e-cigarettes, except for menthol.

New Jersey and Rhode Island prohibit the sale of all flavored e-cigarette products.

Rhode Island’s policy is a regulation by the state’s health department, making permanent the governor’s emergency regulations.

New York prohibits the sale of all flavored e-cigarettes, except those approved as part of an FDA premarket approval.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 12/19 Utah restricts the sale of flavored e-cigarettes, except menthol and mint, to non-retail tobacco specialty businesses.

Implementation of California’s state law restricting sales of flavored tobacco products is suspended and remains ineffective as the tobacco industry successfully sought a referendum and the law will be voted on by the state’s voters on the next statewide ballot, scheduled for November 2022, though this date is subject to change.

LESSONS LEARNED FROM POLICY

CHANGES AROUND FLAVORED

TOBACCO
Now that several states and many localities have enacted flavor restrictions of varying strength, we are starting to understand the impact these policies have on youth and consumer behavior, as well as retailer and industry behavior that takes advantage of loopholes that may exist in some of the policies. Effects linked to flavor restrictions — By the end of December 2020, 331 localities have
placed some type of restriction on flavored
tobacco products.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 13/19 including impacts on sales trends, use data, and attempts by industry to avoid these restrictions — compellingly illustrate the need for strong flavor restriction policies that have few or no loopholes.

Several studies of flavor restrictions at the state or local level, as well as the federal level, show that these policies do have positive impacts, especially on access to flavored products and in reducing youth use of tobacco products.

FEDERAL POLICY EVALUATIONS
In a study of the 2009 FDA prohibition on flavored cigarettes (except for menthol cigarettes), researchers found that the policy had a positive impact on reducing youth tobacco use and smoking intensity. However, the study also noted that there was significant substitution with adolescents switching to either menthol cigarettes or other flavored combustible products like cigars, indicating that the public health impact would have been much stronger had the flavor ban applied to all combustible products as well as menthol cigarettes.

Sales trends shifted following two events that impacted the availability of flavored e- cigarettes: the January 2020 FDA guidance that prohibited flavored cartridge-based sales — but allowed the sale of tobacco- and menthol-flavored cartridges, open- systems, and disposable e-cigarettes — and voluntary move from JUUL Labs in late 2019 to remove its mint-flavored e-cigarettes from the market.

A study of scanner data showed that sales of mint pods increased during September 2014-August 2019 from less than 0.1% to 47.6%, but began to decrease starting in August 2019. Further, menthol sales increased from 10.7% to

61.8% from August 2019 to May 2020. During that same timeframe, flavored disposable cigarettes increased from 10.3% to 19.8%.

Another study of a similar time frame using different scanner data found that menthol e-cigarette dollar sales increased by 59.4% after JUUL removed its mint flavored products from the market, and that menthol e-cigarette dollar sales increased again by 54.5% after the FDA 2020 compliance policy.

STATE AND LOCAL POLICY EVALUATIONS
Flavored Tobacco Sales
Several studies have been conducted to determine the impact of New York City’s flavored tobacco restriction on sales of various types of flavored tobacco.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 14/19 One study found that sales of flavored tobacco overall declined 87%, including a decrease in sales of flavored cigars of 86%; and a 91% decrease in sales of flavored pipe and roll your own tobacco (RYO). While this study found that sales of non-flavored versions of those products increased (5% for cigars, and 4% for pipe and RYO), it also found that teens in 2013 had lower odds of ever trying flavored tobacco products (37%) and or using any type of tobacco product (28%) compared to teens in 2010.50
Another study looking at scanner data both before and after the policy was in place found that sales of flavored tobacco products declined among several products (a 22.3% decline in flavored cigar sales, a 97.6% decline in flavored smokeless tobacco, and a 42.5% decline in flavored RYO). The study also found that overall sales of cigars also declined 7.4%, indicating that consumers did not switch to non-flavored cigars.

However, another study looking at discarded cigar packs in NYC found that 19.2% of the packages were clearly labeled as flavored, plus 9.4% of the packages that were concept flavors or not clearly labeled as flavored. This indicates a significant rate of non-compliance and authors speculated that both illegal and legal sources were at play.

In Providence, Rhode Island, researchers reviewed scanner data from before and after the city’s policy implementation and found that weekly unit sales of flavored cigars declined by 51%, while sales of flavored cigars increased by 10% in the rest of the state during that same time. While researchers found that sales of cigars with explicitly flavored names decreased by 93%, concept flavored cigars increased by 74% in Providence and by 119% in the rest of the state. This finding was confirmed by another study as well.56 (See below for more information on concept flavors.) In Ontario, Canada, which implemented a ban on menthol cigarettes in 2017, researchers reviewed menthol cigarette sales before and after implementation of the ban. They found that menthol sales increased for the four years leading up to the ban, but after the ban, menthol cigarette sales decreased by 55 million cigarettes, while non-menthol cigarettes also decreased by 128 million cigarettes.

Behavior Change
Providence, Rhode Island saw a decrease in current tobacco use among high school students after its flavor restriction was enforced.56 Use of any tobacco products by youth in Providence decreased from 22.1% in 2016 to 12.1% in 2018. E-cigarette use ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 15/19 among youth in Providence declined from 13.3% to 6.6% in the same time frame. These rates were significantly less than the rates seen across the whole state in a similar time frame.

In Ontario, Canada where menthol cigarettes have been banned, researchers compared intended reactions among menthol smokers before the ban with actual reactions one month after the ban was implemented. Before the ban went into effect,

59.7% of menthol smokers indicated that they would switch to or only use non-menthol cigarettes, and 14.5% said they would quit. However, after the ban went into effect only

28.2% actually switched to non-menthol cigarettes and nearly 30% attempted to quit.

In Lowell, Massachusetts, researchers compared Lowell, a city that had a flavored tobacco restriction, to another Massachusetts city that did not. They found that current use of flavored tobacco as well as non-flavored tobacco decreased in Lowell as compared to Malden, where use increased.

A study in San Francisco, California surveyed tobacco users aged 18-34 before and after the flavor restriction was implemented. Researchers found that among 18-24 year olds, prevalence of flavored tobacco use decreased from 81% to 69%; and among 25-24 year olds, flavored tobacco use decreased from 85% to 76%. This decrease was found among both e-cigarette users and cigar users. At the same time cigarette smoking increased, though not significantly, among the 25-34 year olds. Among exclusive menthol smokers, 70% continued to use menthol cigarettes after the ban.

While 60% of those who used flavored e-cigarettes exclusively continued to use them after the ban, nearly 21% of that group quit nicotine/tobacco use altogether after the ban. Additionally, overall, 20% of participants indicated that they stopped using tobacco the ban, and an additional 14% had reduced their tobacco use.

Tobacco Outlet Industry Compliance with Flavor Restrictions Several locations have reviewed local compliance with flavor restrictions. Many studies show that overall, the majority of stores are complying, but some consumers are finding outlets from which to purchase flavored tobacco in violation of local restrictions.

In Massachusetts, one study reviewed flavored product availability pre- and post-flavor restriction policies across the state, where at the time of the study 138 cities had implemented some kind of flavored restriction. Researchers found that flavored tobacco product availability decreased by 27.2% to 50.9% across the studied locations.

Locations with policies, compared to locations without policies in place, had ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 16/19 significantly lower flavored tobacco availability. In another study in only Boston, researchers found that only 14.4% of retailers accessible to youth sold flavored products.

A study reviewing compliance of Chicago, Illinois’ menthol cigarette restriction (within a 500 foot buffer zone around secondary schools) found that 57% of stores in the study were compliant with the menthol cigarette ban, with gas stations being the type of store most likely to be out of compliance and corporate chain stores mostly likely to be in compliance.

Researchers in St. Paul and Minneapolis, Minnesota assessed compliance of those cities’ flavored tobacco restrictions and found that 85.4% of stores in Minneapolis and

97.3% of stores in St. Paul did not sell flavored tobacco after the policy was implemented. Later, after several cities including St. Paul and Minneapolis expanded their flavor restrictions to include menthol cigarettes, another study was conducted that found that 84.4% of stores in Minneapolis, and 100% of stores in St. Paul were compliant and did not sell menthol tobacco, while all stores in comparison cities did sell menthol tobacco.

A study in San Francisco, California found that only 35% of tobacco users indicated that retailers in that city were complying with its flavor ban.

ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 17/19 Industry Finding Loopholes: Concept
Flavors
A number of tobacco products are available in “concept” flavors, with vague non- characterizing descriptions on packaging that do not expressly refer to the flavors therein. For example, Puff Bars’ “Clear and Lush Ice” and Swisher Sweets’ “Purple Swish,” “Island Bash,” “Tropical Storm,” “Diamonds,” “Green,” and “Smooth” are all concept-flavored tobacco products. In fact, Puff Bar “Clear” is advertised as having “no flavor,” but yet the description states: “Sometimes, we might not be in the mood for anything flavorful. Puff Bar Clear is an ideal option for those who simply want to enjoy the vaping experience without any frills. This flavorless vape may lack any kind of taste, but you’ll still get the same great, consistent menthol nicotine hit you expect from a high-quality vape pen like Puff Bar.”
Youth and young adults may not recognize these products as being flavored.

Additionally, these concept-flavored products are often more heavily flavored than explicitly flavored tobacco products. A study of 16 tobacco products purchased in New York City in concept flavors such as “Mellow,” “Blue Mixx,” “Pink,” “Robust,” and “Frost” found 14 of the products had flavor chemical levels that were actually higher than products with characterizing flavors.

The growth in sales of concept-flavored products coincides with the enactment of many state and local flavored tobacco sales restrictions, suggesting that the increased marketing of products labeled with concept-flavor names may be a response to these restrictions. A study examining Nielsen data of cigar sales from 2012 to 2016 found the proportion of concept-flavored sales increased from 9.1% to

15.1%, while the proportion of sales decreased for tobacco flavors (50.0% to 48.6%) and characterizing flavors such as grape, cherry, and chocolate (40.8% to 36.3%).

During this period, the market for concept-flavored cigarillos grew from 17 to 46 available unique descriptors.

The greatest increases in the level of sales was in the Northeast, whose jurisdictions enacted the plurality of flavored tobacco sales restrictions in the U.S. through the end of 2016. Maine’s flavored cigar policy states that a cigar is deemed to have a characterizing flavor if the cigar is advertised or marketed as having or producing the ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 18/19 taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey, or an alcoholic drink. Thus cigars labeled with a concept flavor could circumvent Maine’s restriction if the advertising or marketing of the product flavor is ambiguous. A study examining the availability of flavored tobacco products in Boston following implementation of a flavored tobacco restriction found that retailers sold fewer total flavored products, but remaining products were often concept-flavored products.

Concept flavors pose a challenge for enforcement of flavored tobacco restrictions, as they make it difficult for enforcement agencies to determine whether a tobacco product meets the legal definition of a flavored tobacco product. Some localities choose not to enforce the flavored tobacco ban on concept flavors, due to the threat of litigation from the industry or to avoid punishing innocent retailers.

ACTION NEEDED: FLAVORED TOBACCO

USE AMONG YOUTH AND YOUNG
ADULTS
Restricting the marketing of flavors, including menthol, that appeal to youth and young adults would have significant public health benefit. Given their well-documented appeal to youth, all flavors, including menthol and concept flavors, should be eliminated from all tobacco products, with the limited exception described below.

The FDA must issue product standards eliminating flavors from all tobacco products. A narrow exception may apply to proven harm-minimized products. The burden should always be on manufacturers to show that their products would not appeal to youth before going to market. Given what we now know about how dramatically flavors influence youth tobacco use, the burden should be high. We support a permanent ban on flavored tobacco unless a manufacturer can demonstrate three things to the FDA:

1. that a particular flavor helps current tobacco users to switch completely to a substantially less hazardous product,

2. it will not lead non-tobacco users, such as youth, to start, and ITEM 12.1.

ATTACHMENT 2

1/10/22, 3:28 PM Flavored tobacco use among youth and young adults https://truthinitiative.org/research-resources/emerging-tobacco-products/flavored-tobacco-use-among-youth-and-young-adults 19/19

3. it does not increase the risk of harm from using the product.

Until a federal ban takes effect, state and local entities should enact policies prohibiting all flavors, including menthol, mint and wintergreen flavors, from all tobacco products.

The marketing of all flavored tobacco products should be restricted so that it does not target youth.

TAGS: the truth about
, flavors, youth / young adults

RELATED MATERIALS
Menthol fact sheet
ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products:

An Educational Roundtable
Primo Lara, Director of UC Davis Comprehensive Cancer Center, Professor of Medicine Moon Chen, Professor of Medicine and Associate Director, Population Sciences & Community Outreach and Engagement, UC Davis Comprehensive Cancer Center
Kim Homer-Vagadori, Project Director, California Youth Advocacy Network Elisa Tong, Associate Professor, Department of Internal Medicine, UC Davis Kimberly Bankston-Lee, Senior Program Manager, The Saving Our Legacy Project: African Americans for Smoke-Free Safe Places
Joelle Orrock, Tobacco Use Prevention Education Coordinator, Sacramento County Office of Education Melanie Dove, Postdoctoral Fellow , Center for Healthcare Policy Research, UC Davis Diana Cassady , Professor, Department of Public Health Sciences, UC Davis Danica Peterson, Health Educator, Sacramento County Tobacco Education Program ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products:

An Educational Roundtable
Primo Lara1, Moon Chen1, Kim Homer2, Elisa Tong3, Kimberly Bankston-Lee4, Joelle Orrock5, Melanie Dove3, Diana Cassady3 and Danica Peterson6
1 UC Davis Comprehensive Cancer Center
2 California Y outh Advocacy Network
3 UC Davis
4 The Saving Our Legacy Project: African Americans for Smoke-Free Safe Places 5 Sacramento County Office of Education
6 Sacramento County T obacco Education Program
Abstract
Sacramento has a higher tobacco use rate than the rest of the state. Tobacco costs Sacramento $870 million dollars in health care costs. The Surgeon General has called vaping a youth epidemic. Sac City Unified School District saw a 50% increase in 11th grade vaping in 2017-2018. Flavor- ings are the #1 reason kids start, and diacetyl in most fla- vorings can be harmful to lungs as a cause for bronchiolitis obliterans. Menthol is the only flavor still in cigarettes, but its chemicals make it easier to start and inhale but hard- er to quit. Targeted marketing has led to >70% African American smokers using menthol, and African Americans
have one of the highest tobacco use rates in Sacramen-
to and tobacco-related health disparities. Vaping is not approved for tobacco cessation, and has harmful chemicals that impact heart and lung health that is not just water vapor. Switching is not quitting with the risk of continued nicotine addiction, particularly with high potency nicotine.

Topics
UC Davis Comprehensive Cancer Center
(UCDCCC) mission: cancer research, clinical
care, and outreach and education.

Primo Lara, Director of UC Davis Comprehensive
Cancer Center , Professor of Medicine

1. UCDCCC Community Outreach and Engagement
program hosts our Smoke and Tobacco-Free Initia-
tive. This initiative combines our patient, population, and policy education efforts. UC has a systemwide
Smoke and Tobacco-Free policy across its 14 campus-
es since 2014, and UC Davis Health was among the
first health campuses to implement a policy in 2008.

2. Nationwide, Cancer Centers are taking action on
tobacco. The Smoke and Tobacco-Free Initiative
stems from being part of the National Cancer Insti-
tute’s Cancer Center Cessation Initiative, which is
integrating tobacco treatment into cancer care across
42 cancer centers.

Tobacco and Cancer: Sacramento and Beyond
Moon Chen, Professor of Medicine and Associate
Director , Population Sciences & Community Outreach
and Engagement, UC Davis Comprehensive Cancer
Center

1. Tobacco products cause cancer and worsen treat-
ment. Tobacco causes 14 different cancers besides
other chronic heart and lung disease and immune
problems. Tobacco use worsens cancer treatment
outcomes including wound healing after surgery or
radiation, medication effectiveness, immune function,
and development of secondary cancers.

2. Sacramento County has higher tobacco product use
rates than the rest of California. In 2016-7, cigarette and vaping use was 15.9% in Sacramento County
and 13.7% in California. Among those using tobacco
products, vaping rates were 25.7% in Sacramento
County and 19.2% in California. The total amount
of current tobacco users in Sacramento County is
estimated at 179,000 people, and in California is es-
timated at 4,022,000. (2016-2017 California Health
Interview Survey)

3. Flavored tobacco product use has led to a nation-
al “epidemic” of youth use. The U.S. Centers for
Disease Control and Prevention has reported that
electronic cigarette use among high schoolers jumped
by 80% in one year (1.5% in 2011, 11.7% in 2017,

20.8% in 2018), likely due to the flashdrive product
ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products
Juul. Almost 80% of youth aged 12-17 years who
have ever used tobacco started with a flavored tobac-
co product. Among adults who ever used tobacco,
using a flavored tobacco product as their first product had a 32% higher prevalence of current tobacco prod-
uct use. The concern is the creation of a new gener-
ation of tobacco users who may never have started,
and also opening the gateway to using cigarettes.

4. High rates of using flavored tobacco products in
California and stagnating teen tobacco use rates.

Among California adults who use other tobacco prod-
ucts besides cigarettes in 2016, 70% reported using
flavors in the past 6 months. Among the subset of
young adults aged 18-24, 80% reported using flavors.

Among California teens, tobacco use rates have stag-
nated at 14% in 2016 despite less cigarette smoking
(4% in 2016 and 14% in 2010).

Landscape of Flavored Tobacco Products
Kim Homer-V agadori, Project Director , California
Youth Advocacy Network

1. Rapidly growing variety of flavored tobacco products beyond cigarettes. Flavored tobacco products in-
clude liquids put into vaping devices, little cigars and cigarillos, and menthol cigarettes. E-cigarettes may
also be called e-hookahs, hookah pens, vapes, vape
pens, or mods. Some can only be used once, while
others can be refilled or have tanks. Flavors had been removed from cigarettes except for menthol by the
Food and Drug Administration (FDA) in 2009. Users
may not identify as smokers, and asking about smok-
ing only may not capture tobacco product use.

2. Extremely high levels of nicotine. New flashdrive
products use tobacco salts, which are bioabsorbed
easier with much less vapor. 1 flashdrive pod = 1
pack of cigarettes for nicotine content. Some prod-
ucts are now even more concentrated. Youth and
adults alike may be unaware of the high levels of
nicotine and symptoms of addiction.

3. Flavors, packaging, and marketing appeal to youth.

The e-liquid is typically flavored, with over 15,500
unique flavors, which have doubled since 2014. Fla-
vors that appeal to youth include fruit, candy , mint.

Packaging that appeal to youth include bright colors,
cartoons, toys. Kids are using products in the school
classroom and bathroom, and rating them on You-
T ube videos.

4. Menthol is a starter flavor for California students.

Among California high school students who smoke
cigarettes, 44% use menthol cigarettes.

5. Tobacco industry is changing rapidly . Every tobacco company has a vaping product, and fall 2018 Altria
(Philip Morris’ parent company) bought a 35% stake
in the most popular flashdrive product brand (75%
of the market). Now there are dozens of knock-off
versions of the product. Altria is also seeking to
introduce a “heat-not-burn” cigarette product called
iQOS that is popular overseas.

Health and Cessation Concerns
Elisa T ong, Associate Professor , Department of Inter- nal Medicine, UC Davis

1. Immediate and long-term health concerns for tobacco
use and exposure. Immediate health effects occur
within minutes for heart and lung function with fine
particles and chemicals leading to inflammation.

Long-term health effects occur over years for cancer
risks, destruction of lung tissue, or atherosclerosis of the cardiovascular system.

2. Nicotine is not harmless. Increasing nicotine poison- ings of young children attracted to flavored tobacco
products and packaging, and harmful if e-liquid gets
on skin or eyes. Nicotine negatively affects the young developing brain which matures by 25 years, and is
associated with prefrontal cortex ability for judgment, attention, and behavior contributing to mental health
issues. High levels of nicotine (60 mg) could poten-
tially kill an adult, as it affects the cardiovascular sys- tem and is used in insecticides. In contrast, nicotine medication doses range from 1 mg to 21 mg (patch
for 24 hour absorption).

3. Growing evidence of toxic effects from aerosol in-
gredients. Aerosol from electronic smoking devices:

Polyethylene glycol is not water vapor and can irritate lungs; at least 10 toxic chemicals known to cause can-
cer or reproductive harm (e.g. formaldehyde, nickel,
lead, benzene, cadmium, toluene, isoprene, acetalde-
hyde, N-Nitrosonornicotine). Flavorings: diacetyl
is in 75% of flavored e-liquids and is associated with
irreversible lung damage called bronchiolitis obliter-
ans. Menthol: more likely to initiate, more likely to inhale deeper, less likely to quit; menthol acts on the nicotinic receptor which may affect addiciton. Heat-
ed chemicals react differently than burned chemicals,
and chemicals have different effects when inhaled
than eaten. Growing body of scientific evidence
comes from FDA-funded Tobacco Centers of Regu-
latory Science (e.g. UCSF), which informs the FDA,
and California’s Tobacco-Related Disease Research
Program.

4. Vaping is not recommended for cessation. There are
7 FDA-approved medications for cessation that are
ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products
not inhaled into the lungs and deliver less nicotine
(nicotine patch, lozenge, gum, inhaler, nasal spray;
bupropion and varenicline). The United States
Preventive Services Task Force concluded there is
“Insufficient” evidence to recommend electronic
nicotine delivery devices for cessation. The FDA has
not approved any vaping devices for cessation pur-
poses. The risk of switching tobacco products, even
for harm reduction purposes, is maintaining nicotine
addiction and “dual use” of products.

5. Sacramento has a high health economic burden of
$860 million for tobacco use and exposure. Sacra-
mento county’s health economic costs from smok-
ing are estimated at $860 million (see attachment).

Immediate health effects like asthma and heart attacks
create a significant health care burden and higher
health care costs within 1 year. There are also signifi- cant indirect societal costs from loss of productivity .

African American Disparities including
Menthol and Marketing
Kimberly Bankston-Lee, Senior Program Manager ,
The Saving Our Legacy Project: African Americans
for Smoke-Free Safe Places

1. Menthol makes it easier to inhale tobacco toxins and harder to quit. The anesthetic qualities of menthol
numb the throat, masking the harsh taste and burn
of tobacco that allows for deeper inhalation of toxins
and greater amounts of nicotine. The presence of
menthol makes cigarettes harder to quit compared
to other cigarettes, despite more quit attempts, as it
may affect nicotine receptors (Ton et al., 2015; Levy
et al., 2011). “The ‘cool refreshing taste of menthol’
ultimately , allows the poisons in cigarettes and ciga- rillos to ‘go down easier’.”(Dr. Phil Gardiner, African American Tobacco Control Leadership Council; see
op ed with Dr. David Cooke, Head of General Tho-
racic Surgery , UC Davis and Task Force Chair of the
Comprehensive Lung Cancer Screening Program)

2. Sacramento African Americans have high tobacco
use disparities due to menthol. In California, 70%
African American adults who smoke consume men-
thols, compared to 18% of white adults who smoke.

In Sacramento County , African Americans have one
of the highest smoking rates (19% or 20,000 people)
(California Health Interview Survey 2015-2017).

3. Targeted marketing and pricing affects Sacramento
neighborhoods. Research has shown how the tobacco
companies have heavily marketed menthol products
to African Americans since the 1960s, and is not just
a “flavor preference.” Menthol cigarettes are 75 cents cheaper in Sacramento’s lower socioeconomic neigh-
borhoods that have more African Americans (Oak
Park compared to East Sacramento). Direct-mail
coupons, in-store price promotions and advertisings,
retailer incentives are other key marketing strategies.

4. Packaging sizes. While cigarettes can only be sold
as a pack (20 in a pack), other tobacco products like
little cigars are often sold in small packages for less than a dollar. This makes it easier for low socioeco-
nomic populations including youth and young adults
to purchase.

Age Restriction Policies
Melanie Dove, Postdoctoral Fellow , Center for Health-
care Policy Research, UC Davis

1. State age restriction and enforcement for under 21
years old. Since 2016, California has been the second
state to implement a “Tobacco 21” law which pro-
hibits sales of tobacco products to under 21 years of
age (except active duty military). In California, 64%
of current cigarette smokers started by the age of
18, and 96.3% started by the age of 26, so delaying
initiation is thought to be an effective tobacco control strategy . Enforcement is conducted through “sting”
operations with penalties under the Stop Access to
Kids Enforcement (STAKE) Act. However, online
sales do not verify age beyond “agreeing” to adult sta- tus, and can include resale sites like eBay or Craigslist or local online exchange boards.

2. California illegal sales are rising including in tobac- co-only stores. In the California Youth Adult Tobacco
Purchase Survey 2017-2018, retail violation rates
are increasing for illegal sales to young adults 18-19
years: 13% to 22% for electronic smoking devices and
14% to 18% for tobacco. Among vape shops and to-
bacco store retailers, over 30% are still selling tobacco to 18-19 year olds.

3. Purchasing restrictions for California youth is not
enough with widespread access. Among 208 Cali-
fornia high school students under 18 years old and
currently using electronic cigarettes, 50.8% borrowed
them, 9.3% bought them in a store, 8.9% reported
someone else bought them, 6.9% reported an adult
gave them an electronic cigarette, 3.9% got them
online, and 20% reported some other way . (2017
California Youth Risk Behavior Surveillance System).

Since vaping products are refillable and rechargeable,
traditional youth purchasing restrictions as for ciga-
rettes that have a one-time use have major limitations.

ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products
Impact on Sacramento Schools
Joelle Orrock, T obacco Use Prevention Education Co-
ordinator , Sacramento County Office of Education

1. Sacramento County Office of Education coordinates
Tobacco Use Prevention Education activities from
California Department of Education funding with 5
school districts: Sacramento, Elk Grove, San Juan,
Folsom, T win Rivers. Through a competitive grant
process, schools are funded to provide programs for
grades 6-12 with evidence-based tobacco-specific
prevention and cessation programs for adolescents
within the school setting.

2. Students are using products at school and seeing it
in digital/social media. Local parents and educa-
tors are calling several times a week about students
using these products. Parents and teachers may not
be aware of these products which do not look like
traditional cigarettes, as they can be put into hoodie
strings or on top of water bottles. Bathrooms are a
common place for use. With less aerosol and flavored
odors, students are using tobacco products in the
classroom and blowing it out under the desk or inside
their shirts. Social influencers, including teens, pro- mote products through YouT ube product reviews, In-
stagram, and tweets which make it difficult to track.

3. Sacramento high school student vaping has risen by
50% despite cigarette use dropping. Among 11th
grade high school students in the Sacramento City
Unified School District, electronic cigarette use in-
creased by 50% (8% in 2016-2017 to 12% in 2017-
2018), while cigarette use decreased (10% in 2016-
2017 to 6% in 2017-2018). Almost half of the 11th
grade students reported cigarettes were “very or fairly easy to obtain.” (California Healthy Kids Survey).

4. Restricting sales are important as 75% of stores near Sacramento schools sell flavored tobacco products.

In the 2016 Healthy Stores for a Healthy Commu-
nity survey , 74% of surveyed stores near schools
in Sacramento County were found to sell flavored
non-cigarette tobacco products. (healthystore-
shealthycommunity .com/counties/sacramento) The
density of tobacco retailers, particularly in neighbor- hoods surrounding schools, has been associated with
increased youth smoking rates.(Henriksen) Youth
are more likely to experiment with tobacco products
when retailers are located near schools. (McCarthy)

Policies In Other Communities And Counties
Diana Cassady , Professor , Department of Public
Health Sciences, UC Davis

1. Cigarettes do not have flavors except menthol. In
2009 the federal Food and Drug Administration
banned the sale of flavored cigarettes because of their appeal to children. After 2009, researchers found that
there was a reduction in youth smoking, but also a
shift among youth smokers to menthol cigarettes.

After the ban on flavored cigarettes, the tobacco in-
dustry flooded the market with flavored cigarillos and
e-cigarettes.

2. Other countries do not allow flavored tobacco prod-
ucts. In response to these new flavored products and
their appeal to youth, Brazil was the first country to
prohibit flavored tobacco products in 2012. The Eu-
ropean Union followed, covering 28 member coun-
tries. T urkey , with very high smoking rates, banned
the sale of menthol flavored cigarettes in 2015 and
will ban mint flavored products in 2020. T wenty-nine
countries ban the sale of any type of e-cigarette.

3. Other states have flavored tobacco product regula-
tions. In the United States 182 cities and counties
have some form of restriction on the sale of flavored
tobacco products, including Chicago, New York City ,
Boston, and Minneapolis. Many smaller cities in Mas-
sachusetts and Minnesota also have adopted regula-
tions on flavored tobacco products.

4. Other California cities and counties have flavored
tobacco product regulations including Yolo County .

T wenty-five of those local policies have been passed
in California as of November 2018 (see attachment).

The City of Hayward was the first to regulate the sale
of flavored tobacco products in 2014, with more poli-
cies passed each year: 11 California cities passed poli- cies in 2018. Closest to Sacramento, the Yolo County
Board of Supervisors passed their tobacco product
regulation policy in October 2016 to prohibit the sale
of flavored electronic cigarettes, menthol, little cigars, smokeless, components and accessories (e.g. blunt
wrappers), and without exemptions.

Sacramento County Tobacco Education
Program and Tobacco Control Coalition
Danica Peterson, Health Educator , Sacramento Coun-
ty T obacco Education Program

1. The Sacramento County Tobacco Education Program
(TEP) is housed under the Sacramento County De-
partment of Health Services, Public Health Division.

The TEP is funded by the California Tobacco Control
Program (CTCP), under the California Department
of Public Health (CDPH) through a combination of
Proposition 99 and 56 tobacco taxes.

2. Focus to support education. The TEP focuses on
providing tobacco-related information and education
ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products
to individuals, organizations, and the community .

Methods include presentations, creation of fact sheets
and infographics, presentations, and resource sharing
and technical assistance.

3. Focus to support policy and social norm change.

Another primary focus is on policy and social norm
change. Methods include the pursuit of legislative
policies; the pursuit of voluntary policies; providing
staffing, training, and support for the local Tobacco
Control Coalition (TCC); youth and adult engage-
ment in tobacco control. Importantly , due to its
funding source from tobacco taxes, the TEP is not
allowed to lobby or openly support any specific leg-
islation. However, they are able to provide informa-
tion and education on the issues and support to the
Tobacco Control Coalition (TCC), whose non Propo-
sition 99/56 funded members are allowed to lobby .

4. The Tobacco Control Coalition (TCC) currently meets
6 times per year, every other month, to discuss tobac-
co-related issues in the community . The vision of the
Coalition is to “transform Sacramento County into a
tobacco-free society in the 21st century .” Currently , the Coalition also consists of 4 subcommittees/task-
forces: The Equity and Diversity Subcommittee, The
Youth and Young Adult (YYA) Subcommittee, the
Cessation Taskforce, and the Policy Taskforce.

Health Burden and Economic Costs of Smoking in Sacramento Total Costs: $790,670,000 in 2009 -> $860 million in 2019 Direct Health Care Costs: $416,692,000 in 2009 -> $491 million in 2019 ITEM 12.1.

ATTACHMENT 2

Flavored Tobacco Products
References
Ambrose, B.K., et al., Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014. JAMA, 2015: p. 1-3.

Croyle RT, Morgan GD, Fiore MC. Addressing a Core Gap in Cancer Care—The NCI Moonshot Program to Help Oncolo- gy Patients Stop Smoking. New England Journal of Medicine 2019; 380:512-515.

Cullen KA, Ambrose BK, Gentzke AS, et al. Use of electronic cigarettes and any tobacco product among middle and high school students – United States, 2011-2018. MMWR 2019; 67: 1276-1277.

California Department of Public Health, California Tobacco Control Program. California Tobacco Facts and Figures 2018.

Sacramento, CA: California Department of Public Health; 2018. http://www .cdph.ca.gov/Programs/CCDPHP/DCDIC/ CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsFigures2018_Print- ers.pdf
California Department of Public Health, California Tobacco Control Program, State Health Officer’s Report on E-Ciga- rettes: A Community Health Threat, Sacramento, CA 2015. http://3e1l3223sc6v7z23p1x7dax1-wpengine.netdna-ssl. com/wp-content/uploads/2016/07/State-Health-e-cig-report_digital.pdf California Department of Public Health, California Tobacco Control Program. The Truth About Flavored Tobacco. Sac- ramento, CA. January 2018. http://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20 Library/Policy/FlavoredTobaccoAndMenthol/FinalFlavoredTobaccoInfographic.pdf California Department of Public Health, California Tobacco Control Program. Tobacco 21 Infographic for Retailers. Sac- ramento, CA. http://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/Tobacco- 21Law/Tobacco-21-Infographic.pdf
California Department of Public Health, California Tobacco Control Program. Young Adult Tobacco Purchase Survey , 2018. Sacramento, CA: California Department of Public Health; October 2018. http://www .cdph.ca.gov/Programs/ CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/2018YATP- SChartsADA.pdf
Cooke DT and Gardiner P . To save African American lives, flavored tobacco ban must include menthol cigarettes. Opin- ion Editorial. March 12, 2019. Sacramento Bee. http://www .sacbee.com/opinion/op-ed/article227429344.html Henriksen L, Feighery EC, Schleicher NC, et al. 2008. “Is Adolescent Smoking Related to Density and Proximity of Tobac- co Outlets and Retail Cigarette Advertising Near Schools?” Preventive Medicine 47: 210-214 Levy D, Blackman K, Tauras J, CHaloupka FJ, Villanti AC, Niaura RS, Vallone DM, Abrams D. Quit Attempts and Quit Rates Among Menthol and Nonmenthol Smokers in the United States. Am J Public Health. 2011 July; 101(7):1241- 1247.

Max W , Sung H-Y, Shi Y, & Stark B. The Cost of Smoking in California, 2009. San Francisco, CA: Institute for Health & Aging, University of California, San Francisco, 2014. http://www.trdrp.org/files/cost-smoking-ca-final-report.pdf McCarthy , W .J., Mistry , R., Lu, Y., Patel, M., Zheng, H., Dietsch, B., Density of tobacco retailers near schools: effects on tobacco use among students. American Journal of Public Health, 2009. 99(11): p. 2006 2013.) Ternus-Bellamy , A. County Supervisors OK Ban on Flavored Tobacco Sales. Yolo County News. Davis Enterprise. Octo- ber 2016. http://www.davisenterprise.com/local-news/county-government/county-supervisors-ok-ban-on-flavored-to- bacco-sales/
Tobacco Free California. California Department of Public Health, California Tobacco Control Program. http://www.tobac- cofreeca.com.

Ton HT, Smart AE, Aguilar BL, Olson TT, Kellar KJ, Ahern GP . Menthol Enhances the Desensitization of Human α3β4 Nicotinic Acetylcholine Receptors. Mol Pharmacol. 2015 Aug; 88(2):256-64.

U.S. Food & Drug Administration. Flavors in Tobacco Products: What are the Potential Risks and Benefits to Pub- lic Health? October 31, 2018. http://www .fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ ucm611737.htm
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HEALTH EFFECTS OF FLAVORED TOBACCO AND NICOTINE PRODUCTS "Flavored cigarettes appeal to kids and disguise the bad taste of tobacco, but they are just as addictive as regular tobacco products and have the same harmful health effects," -- Mitch Zeller, Director of the Food and Drug Administration’s (FDA) Center for Tobacco Products 1
The Tobacco Control Act, which was signed into law in 2009, banned cigarettes that contained candy or fruit flavors, to reduce the likelihood of youth smoking and addiction to tobacco. However, menthol was excluded from this ban. Tobacco manufacturers have also found a way to skirt this law by selling flavored cigarettes labeled as cigars.

To understand some of the potential health impacts of ending the sale of flavored tobacco, below are just some of the health effects of tobacco and nicotine:

Menthol Cigarettes
The Tobacco Products Scientific Advisory Committee 2011 report concluded that menthol cigarettes are no more or less toxic than are regular cigarettes, but the flavor’s cooling and anesthetic properties reduce the harshness of cigarette smoke, thereby increasing their appeal to new smokers. 2 However, menthol cigarettes are more difficult to quit than unflavored tobacco because menthol decreases the metabolism of nicotine and increases the amount of the addictive substance in the blood. 3
Health Effects of Tobacco Use
Smoking leads to disease and disability and harms nearly every organ of the body. More than 16 million Americans are living with a disease caused by smoking. For every person who dies because of smoking, at least 30 people live with a serious smoking-related illness. Smoking causes cancer, heart disease, stroke, lung diseases, chronic obstructive pulmonary disease (COPD), and many other diseases. 4  Cancer
Each puff of a cigarette contains a mixture of thousands of compounds, including more than 60 well-established carcinogens (cancer causing substances). 5
Smoking can cause cancer almost anywhere in your body, including the: 6 • Blood (acute myeloid leukemia)
• Bladder
• Cervix
• Colon and rectum
• Esophagus
• Kidney and renal pelvis
• Larynx
• Liver
• Lungs
• Mouth and throat
• Pancreas
• Stomach
• Trachea, lung, and bronchus
• Prostate cancer - men who
smoke may be more likely to
die from it than nonsmokers
Smokeless tobacco, such as chewing tobacco, also causes cancer, including cancers of the:
• Esophagus
• Mouth and throat
• Pancreas
www.ggbreathe.org
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HEALTH EFFECTS OF FLAVORED TOBACCO AND NICOTINE PRODUCTS  Cardiovascular Disease (CVD) and Stroke
Cigarette smoking has been responsible for approximately 140,000 premature deaths annually from CVD.

More than 1 in 10 deaths worldwide from CVD in 2000 were attributed to smoking.

Smoking is a major cause of CVD and causes one of every three deaths from CVD. Smoking can: 7 • Raise triglycerides (a type of fat in your blood)
• Lower "good" cholesterol (HDL)
• Make blood sticky and more likely to clot, which can block blood flow to the heart and brain
• Damage cells that line the blood vessels
• Increase the buildup of plaque (fat, cholesterol, calcium, and other substances) in blood vessels
• Cause thickening and narrowing of blood vessels
 Chronic Obstructive Pulmonary Disease (COPD) 8
Chronic obstructive pulmonary disease (COPD) refers to a group of diseases that cause airflow blockage and breathing-related problems. COPD includes emphysema; chronic bronchitis; and in some cases, asthma.

COPD is usually caused by smoking. Smoking accounts for as many as 8 out of 10 COPD-related deaths.

With COPD, less air flows through the airways because of one or more of the following:
• The airways and tiny air sacs in the lungs lose their ability to stretch and shrink back
• The walls between many of the air sacs are destroyed
• The walls of the airways become thick and inflamed (irritated and swollen) • The airways make more mucus than usual, which can clog them and block air flow In the early stages of COPD, there may be no symptoms,
or only have mild symptoms, such as:
• A nagging cough (often called "smoker's cough")
• Shortness of breath, especially with physical activity • Wheezing (a whistling sound when you breathe)
• Tightness in the chest
As the disease gets worse, symptoms may include:
• Having trouble catching your breath or talking
• Blue or gray lips and/or fingernails
(sign of low blood oxygen levels)
• Trouble with mental alertness
• A very fast heartbeat
• Swelling in the feet and ankles
• Weight loss
How severe your COPD symptoms are depends on how damaged your lungs are.

If you keep smoking, the damage will get worse faster than if you stop smoking.

In addition to causing lung cancer and COPD, smoking increases the risk of death from pneumonia. 9 www.ggbreathe.org
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HEALTH EFFECTS OF FLAVORED TOBACCO AND NICOTINE PRODUCTS  Reproductive and Developmental Health 10
Possible effects on conception:
• Menstrual cycle function
• Semen quality
• Fertility
• Menopause
Possible effects on pregnancy:
• Miscarriage
• Ectopic pregnancy
• Preterm delivery
Possible effects on child development:
• Birth weight
• Congenital anomalies
• Perinatal and infant deaths;
Sudden Infant Death
Syndrome (SIDS)
 Secondhand Smoke11
Secondhand smoke exposure contributes to approximately 41,000 deaths among nonsmoking adults and 400 deaths in infants each year.

In adults, secondhand smoke causes:
• Stroke
• Lung cancer
• Coronary heart disease
In c
hildren, secondhand smoke causes:
• Increased risk for SIDS
• Acute respiratory infections
• Middle ear disease
• More severe asthma
• Respiratory symptoms
• Slowed lung growth
See health effects of e-cigs and hookah in our companion factsheet. 1 Tobacco Products Scientific Advisory Committee. (2011, March 23) Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations.

Retrieved April 17, 2017, from
https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM269697.pdf 2Benowitz, N.L., B. Herrera, and P. Jacob, Mentholated cigarette smoking inhibits nicotine metabolism. Journal of Pharmacology and Experimental Therapeutics, 2004. 310(3): p. 1208-1215.)
3United States Food and Drug Administration. (2016, December 9). Press Announcements - FDA takes action against four tobacco manufacturers for illegal sales of flavored cigarettes labeled as little cigars or cigars. Retrieved April 17, 2017, from https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm532563.htm 4 Centers for Disease Control and Prevention. (2017, February 09). Health Effects. Retrieved April 17, 2017 from https://www.cdc.gov/tobacco/basic_information/health_effects/cancer/index.htm 5 U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010. 6 Centers for Disease Control and Prevention. (2016, November 14). Cancer. Retrieved April 17, 2017, from https://www.cdc.gov/tobacco/basic_information/health_effects/cancer/index.htm 7 Centers for Disease Control and Prevention. (2016, March 16). Heart Disease and Stroke. Retrieved April 17, 2017, from https://www.cdc.gov/tobacco/basic_information/health_effects/heart_disease/index.htm 8 Centers for Disease Control and Prevention. (2016, March 16). Chronic Obstructive Pulmonary Disease (COPD). Retrieved April 17, 2017, from https://www.cdc.gov/tobacco/basic_information/health_effects/respiratory/index.htm 9 Centers for Disease Control and Prevention. (2017, February 09). Health Effects. Retrieved April 17, 2017, from https://www.cdc.gov/tobacco/basic_information/health_effects/cancer/index.htm 10 Centers for Disease Control and Prevention. (2017, February 09). Health Effects. Retrieved April 17, 2017, from https://www.cdc.gov/tobacco/basic_information/health_effects/cancer/index.htm 11 Centers for Disease Control and Prevention. (2017, February 22). Secondhand Smoke. Retrieved April 18, 2017, from https://www.cdc.gov/tobacco/basic_information/secondhand_smoke/ www.ggbreathe.org
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Centers for Disease Control and Prevention, Office on Smoking and Health S
ummary of Scientific Evidence:

Flavored Tobacco Products, Including Menthol
February 2021

This information is provided for educational purposes. It is not provided for or against any specific legislative proposal; is not intended to be used as testimony; and is not intended to act as an endorsement or appearance of endorsement of any specific entity or proposal.

The Public Health Burden of Tobacco Use

• The burden of disease and death from tobacco use in the United States is overwhelmingly caused by cigarettes and other combustible tobacco products.
1 o Every year in the United States, approximately 480,0000 deaths and over $300 billion in healthcare spending and productivity losses are attributable to cigarette smoking. 2,3
o For every person who dies from smoking in the United States, at least 30 people live with a serious smoking-related illness.
4 o Worldwide, tobacco use and secondhand smoke exposure causes over 8 million deaths per year.
5 o Cigarette smoking causes diseases of almost every organ of the human body, including cancer, stroke, diabetes, and chronic obstructive pulmonary disease (COPD). 6 o Smoking causes cancer of the lung, esophagus, larynx, mouth, throat, kidney, bladder, liver, pancreas, stomach, cervix, colon, and rectum.7,8,9 o Even occasional or intermittent cigarette smoking still causes considerable harm.10 o Occasional or intermittent smoking is associated with increased risk for cardiovascular disease, lung and other cancers, and lower respiratory tract infections. 11,12
• No tobacco product is harmless.
o Smokeless tobacco use causes cancer of the mouth, esophagus, and pancreas; is associated with diseases of the mouth; and may increase the risk for death from heart disease and stroke.
13,14,15
o Additional research is needed regarding the health effects of e-cigarettes and other emerging tobacco products, such as heated tobacco products. However, the current evidence shows that the e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances, including heavy metals like lead, volatile organic compounds, and cancer-causing agents.
16 o Moreover, studies of emissions from heated tobacco products suggest that the products expose both users and bystanders to some of the same chemicals found in cigarette smoke, although at lower levels than cigarette smoke.
17 • Nicotine is a highly addictive drug found in tobacco products.18 o As with drugs such as cocaine and heroin, nicotine activates the brain’s reward circuits and reinforces repeated nicotine exposure.
19 o Nicotine also increases the risk of cardiovascular, respiratory, and gastrointestinal disorders, decreases immune response, negatively impacts reproductive health, and has acute toxicity at high-enough doses.
20,21 Nicotine also activates multiple biological
pathways through which smoking increases risk for disease development.22 • Nicotine is a health danger for pregnant women and their developing babies.23

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2 • Youth and young adults are especially vulnerable to the harmful effects of nicotine.24,25 o Nicotine exposure can harm the developing adolescent brain, which continues to develop into the mid-20s. Specifically, using nicotine in adolescence can harm the prefrontal cortex, or the part of the brain that controls attention, learning, mood, and impulse control.
26 o Each time a new memory is created or a new skill is learned, stronger connections – or synapses – are built between brain cells. Young people’s brains build synapses faster than adult brains. Nicotine changes the way these synapses are formed. 27 o Using nicotine in adolescence may also increase risk for future addiction to other drugs.28

Overview of Flavored Tobacco Products

• The federal 2009 Family Smoking Prevention and Tobacco Control Act prohibits cigarettes from containing characterizing flavors other than tobacco or menthol.29,30 • Non-cigarette tobacco products, such as cigars, smokeless tobacco products, hookah, and e- cigarettes are available in a variety of fruit, candy, and other kid-friendly flavors, such as berry, cherry, apple, cotton candy, bubble gum, crème, mint, and menthol.31,32 • Flavored tobacco products mask the harshness of tobacco, and are particularly appealing to youth.33,34
• These products can lead to the establishment of behaviors among new tobacco product users that can lead to long-term addiction, as well as tobacco-related disease and death. 35 o Nine out of ten adult cigarette smokers first start smoking before the age of 18.36 o Moreover, youth are more likely than adults to initiate tobacco product use with flavored tobacco products,37,38,39 and the availability of products in appealing flavors is cited by youth as one of the main reasons for using e-cigarettes.40 o Data show that among first-time tobacco product users, those who initiate with a flavored tobacco product have an increased likelihood of further tobacco product use compared to those who initiate use with an unflavored tobacco product. 41 o Although manufacturers have consistently maintained that their flavored tobacco products are intended for adults, data demonstrate that flavors in tobacco products increase the appeal of these products to youth, promote youth initiation, and can contribute to lifelong tobacco use.
42,43
• Cigarettes have been researched, designed, and manufactured to increase the likelihood that initiation will lead to dependence and decrease the likelihood of cessation due to a number of additives, including menthol.44
• Menthol is an organic compound that has cooling, analgesic, and irritative properties, which can change the way the brain registers the sensations of taste and pain. 45 o Menthol in cigarettes can make harmful chemicals more easily absorbed in the body.46 o Menthol also facilitates absorption by masking the harshness of, and making it easier to inhale, cigarette smoke.
47 • Comprehensive scientific reviews on menthol smoking, including a review by the U.S. Food and Drug Administration (FDA) Tobacco Products Scientific Advisory Committee and a subsequent independent review conducted by FDA, have found that:
o less established smokers are more likely to smoke menthol cigarettes, o the availability of menthol cigarettes likely increases experimentation and progression to regular smoking, and
o the availability of menthol increases the likelihood of addiction for youth smokers. 48, 49
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3 • In addition, menthol has been found to increase nicotine dependence and impede tobacco cessation, especially among African American smokers.50,51 o Smokers of menthol cigarettes make more quit attempts than smokers of nonmenthol cigarettes but have a more difficult time quitting successfully. 52 • Based on this and other evidence, including menthol’s anesthetic properties and marketing, FDA concluded that it is likely that menthol cigarettes pose a public health risk above that seen with nonmenthol cigarettes.53

Use of Flavored Tobacco Products

• An analysis of data from 2013-2014 found that the majority of youth who used a tobacco product, even just one time, reported that the first product they had used was flavored, including

81.0% of youth who ever used an e-cigarette.
54 • Moreover, youth tobacco product users consistently reported product flavoring as a major reason for use across all product types, including e-cigarettes (81.5%), hookahs (78.9%), cigars (73.8%), smokeless tobacco (69.3%), and snus pouches (67.2%). 55 • E-cigarettes have been the most commonly used tobacco product among U.S. youth since 2014.56,57
o According to CDC’s 2020 National Youth Tobacco Survey, 1 in 5 high school students and 1 in 10 middle school students (a total of 3.6 million youth) reported current (past 30- day) e-cigarette use.58
o Among youth, e-cigarettes are also the most commonly used tobacco product in combination with other products; about 1 in 3 middle and high school students use two or more tobacco products.
59 • In 2019, a study among U.S. middle and high school students who currently used tobacco products found that 69.6% (4.3 million) reported using at least one flavored product (including menthol).
60 The proportion of youth who currently used tobacco products who reported flavored product use was:
o 68.8% for e-cigarettes,
o 48.0% for smokeless tobacco,
o 46.7% for cigarettes (which are only available in menthol), o 41.9% for cigars,
o 31.4% for pipe tobacco, and
o 31.2% for hookah.61
• National Youth Tobacco Survey data show that although fewer youth reported current use of e- cigarettes in 2020 as compared to 2019, the proportion of youth who reported current use of flavored e-cigarettes increased.
62 o In 2020, about 8 in 10 youth who currently use e-cigarettes reported using a flavored product; this is an increase from about 7 in 10 youth who reported this in 2019.63 o Approximately one-third of high school students who currently use e-cigarettes report using menthol flavored products.64
o The study also found although e-cigarette use declined among U.S. middle and high school students during 2019-2020, disposable e-cigarette use increased 1,000% among high school students who use e-cigarettes and by 400% among middle school students who use e-cigarettes.
65 o The most commonly used disposable e-cigarettes reported among youth were flavored; among current users of flavored disposable e-cigarettes, the most commonly used flavor types were fruit (82.7%), mint (51.9%), candy, desserts, or other sweets (41.7%), and ITEM 12.1.

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4 menthol (23.3%).66
• Youth and young adults are more likely to use flavored tobacco products than adults. o A study of adult use of non-cigarette flavored tobacco products found that 61.1% of adults who use non-cigarette tobacco products reported using at least one type of flavored tobacco product during 2013-2014.67
o This study found the proportion of flavored product use was highest among adult hookah smokers (82.3%; 6.1 million adults), followed by e-cigarettes (68.2%; 10.2 million adults), smokeless tobacco (50.6%; 4.0 million adults), cigars (36.2%; 4.1 million adults) and pipes (25.8%; 0.3 million adults).68
• As noted above, the only type of flavored cigarettes that can be sold in the United States are tobacco and menthol cigarettes.
• Even though cigarette smoking has been declining steadily over the past several decades, the percentage of people who smoke menthol cigarettes is declining more slowly than among people who smoke non-menthol cigarettes.69,70
• Moreover, disparities in menthol cigarette smoking exist; young people and African Americans are more likely to smoke menthol cigarettes.71,72
o The majority of African Americans who smoke use menthol cigarettes.73 o Seven out of ten African American youth ages 12-17 who smoke use menthol cigarettes.74
o A higher percentage of black adults who smoke started by using menthol cigarettes (93%) than white adults who smoke (44%).75
o Non-Hispanic black adults who smoke cigarettes have the highest percentage of menthol cigarette use compared to other racial and ethnic groups.76 In 2014-2015, 76.8% of non- Hispanic black adults who smoked usually used menthol cigarettes, compared to 34.7% of Hispanic adults and 24.6% of non-Hispanic white adults.77 • Menthol cigarette smoking also affects other groups of people. o For instance, women who smoke are more likely to use menthol cigarettes than men who smoke.78,79
o A 2009-2010 study showed lesbian, gay, bisexual, and transgender (LGBT) persons who smoke are more likely to smoke menthol cigarettes than heterosexual people who smoke, and that disparities in use were even greater among LGBT women versus heterosexual women.80
o Additionally, people with low levels of income or education are more likely to smoke menthol cigarettes than other cigarettes.81
o Adults who smoke and have mental health conditions also are more likely to use menthol cigarettes than those who smoke and do not have mental health conditions.82

Tobacco Industry Promotion of Flavored Products

• The tobacco industry actively promotes flavored tobacco products.83 o In 2012, the U.S. Surgeon General found that, to remain profitable over the long-term, the tobacco companies designed their products to appeal to youth, including using menthol and other flavoring agents.84
o Even after tobacco manufacturers agreed as part of the 1998 Master Settlement Agreement to discontinue any marketing that might appeal to adolescents, the industry introduced a wide range of candy- and fruit-flavored cigarettes. 85,86
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5 • In particular, researchers have found that the persistent use of menthol cigarettes by youth, even as the use of cigarettes has declined, has likely been perpetuated by the sale and marketing of menthol cigarettes.
87 • Menthol products are not only marketed to young people, but as the U.S. Surgeon General found in 2014, the use of menthol cigarettes “greatly expanded in the 1950s when aggressive marketing to African Americans began.”88
o The tobacco industry advertised menthol through “Black-owned publications and jazz concerts through civil rights groups, to massive billboards throughout the Black community.”
89,90
o In addition, the tobacco industry has targeted African American communities through advertising campaigns that use urban culture, targeted direct-mail promotions, and hip- hop bar nights with samples of specialty menthol cigarettes.91,92 • The tobacco industry has also used youth-appealing flavors in non-cigarette products. o For example, the Surgeon General also found: “Much of the growing popularity of small cigars and smokeless tobacco is among younger adult consumers (aged <30 years) and appears to be linked to the marketing of flavored tobacco products that, like cigarettes, might be expected to be attractive to youth.”
93 o The Surgeon General further noted that some youth who use cigars may not consider these products to be cigars, and that some flavored cigar brands, “such as Dutch Masters, White Owl, and Phillies, are particularly known for their use as blunts” (hollowed-out cigars filled with marijuana). This practice suggests that the popularity of such flavored cigar brands may be associated with marijuana use.
94 o Also, a major conclusion of the 2016 Surgeon General’s report found, “E-cigarettes are marketed by promoting flavors and using a wide variety of media channels and approaches that have been used in the past for marketing conventional tobacco products to youth and young adults.”
95 o The report notes that these activities include extensive marketing on the Internet and advertising in mainstream media, including popular magazines, retailer point-of-sale ads, and through direct mail, direct email, and social media. 96 • Furthermore, the industry has repackaged certain flavored tobacco products and avoided the federal statute prohibiting the sale of flavored cigarettes. 97 Specifically, the tobacco industry has
sold “little cigars” that are comparable to cigarettes with regard to shape, size, filters, and packaging, and the industry has promoted these little cigars as a lower-cost alternative to cigarettes.
98,99
o The Surgeon General noted, after the prohibition on flavored cigarettes, “some products subsequently became flavored cigars. For example, Djarum clove cigarettes re-emerged in the market as clove flavored cigars, and Sweet Dreams flavored cigarettes re-emerged as Sweet Dreams flavored cigars.”
100,101
o In addition, these nearly identical products are also sold without meeting the minimum pack size requirement for cigarettes (20 cigarettes) or the paying the level of excise taxes imposed on cigarettes.
102 For example, “little cigars” are commonly sold as a single stick for about $1.00—adding additional appeal for youth and young adults that are experimenting with tobacco.
103
o Furthermore, marketing strategies and design characteristics have made it more difficult to differentiate between cigarettes and little cigars.
104

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6 What Communities Have Done to Address Flavored Tobacco Products

• As noted above, federal law prohibits cigarettes from containing characterizing flavors other than tobacco or menthol.105,106
o However, non-cigarette tobacco products, such as cigars, smokeless tobacco products, hookah, and e-cigarettes remain available in a variety of fruit, candy, and other kid- friendly flavors.107,108
o Research indicates that the federal prohibition on flavored cigarettes reduced youth use, but the impact of this policy likely was diminished due to the continued availability of menthol cigarettes and other flavored tobacco products.109 o Recent research similarly suggests that federal policies targeting some, but not all, flavored e-cigarettes may be insufficient to address youth use of e-cigarettes. 110
• To address the public health problems posed by flavored tobacco products, several states and hundreds of communities have restricted the sale of flavored tobacco products. o The first restrictions were passed in New York City and Providence, Rhode Island, in 2009 and 2012, respectively; however, these restrictions did not apply to all product or flavors.
111
o When adopted, New York City’s law applied to all flavored products except e-cigarettes and menthol cigarettes;112,113 however, New York City’s law has since been amended to prohibit the sale of flavored e-cigarettes.114
o Providence’s law applies to all flavored products, except menthol cigarettes.115 o Both of these laws were challenged, and two different federal courts found that the Family Smoking Prevention and Tobacco Control Act does not limit communities’ authority to prohibit the sale of flavored tobacco products. 116,117,118
• As of December 21, 2020, at least 300 local communities in the U.S. currently prohibit the sale of flavored tobacco products, at least 110 of which prohibit the sale of menthol cigarettes in addition to other flavored products.
119
• In 2019, Massachusetts became the first state to restrict the sale of all flavored tobacco products, including e-cigarettes and menthol cigarettes.
120
o In 2020, New Jersey, New York, and Rhode Island passed laws prohibiting the sale of flavored e-cigarettes.
121
o Also in 2020, California became the second state to prohibit the sale of flavored e- cigarettes and menthol cigarettes.
122
• Early evaluation studies of the local policies have shown that flavored product sales restrictions reduce the availability of flavored tobacco products,123,124 and may reduce youth access to and use of tobacco products.125,126 For example, an evaluation of the New York City ordinance found that sales of flavored tobacco products decreased after implementation.127 • Research has also found that laws that do not include menthol cigarettes, or that do not apply to all tobacco retailers, may reinforce health disparities.128,129,130,131,132,133 • While longer-term evaluation data on the impact of these laws are underway in the United States, the FDA Tobacco Products Scientific Advisory Committee and other researchers who have studied the impact of removing menthol cigarettes from the marketplace have concluded that there is presently sufficient evidence to justify removal of menthol cigarettes from the marketplace, and that such an action would result in a substantial public health benefit. 134,135
• Evidence also exists from other countries to support the public health benefits of removing menthol cigarettes from the marketplace. For example, studies from Canada have shown substantial increases in the number of people who tried to quit smoking following removal of ITEM 12.1.

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7 menthol cigarettes from the market in 2017, and that daily menthol smokers may be particularly successful in staying tobacco-free.136,137

Conclusion

• Federal law prohibits cigarettes from containing characterizing flavors other than tobacco or menthol.
• However, non-cigarette tobacco products, such as cigars, smokeless tobacco products, hookah, and e-cigarettes remain available in a variety of fruit, candy, and other youth-appealing flavors. • Flavored tobacco products mask the harshness of tobacco and are particularly appealing to youth. • The tobacco industry actively promotes flavored tobacco products, and the evidence shows that flavored tobacco products, including menthol cigarettes increase the risk of youth initiation, hinder cessation, and contribute to health disparities. • The public health community should consider the evidence on flavored tobacco products to inform public health policy, planning, and practice.
o To address the public health problems posed by flavored tobacco products, several states and hundreds of communities have restricted the sale of flavored tobacco products. o Federal courts have found that federal law does not limit the authority of these jurisdictions to prohibit the sale of tobacco products in accordance with the Family Smoking Prevention and Tobacco Control Act.

References

1 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 2 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 3 Xu X, Bishop EE, Kennedy SM, Simpson SA, Pechacek TF. Annual healthcare spending attributable to cigarette smoking:
an update. Am J Prev Med. 2015;48(3):326-33.
4 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 5 World Health Organization. WHO Report on the Global Tobacco Epidemic, 2017. World Health Organization, 2017. 6 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 7 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 8 U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010.
9 U.S. Department of Health and Human Services. The Health Consequences of Smoking: A Report of the Surgeon General.

U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2004.

ITEM 12.1.

ATTACHMENT 2

8 10 Schane RE, Ling PM, Glantz SA. Health effects of light and intermittent smoking: a review. Circulation 2010;121(13):1518-22.
11 Schane RE, Ling PM, Glantz SA. Health effects of light and intermittent smoking: a review. Circulation 2010;121(13):1518-22.
12 Inoue-Choi M, Christensen CH, Rostron BL, et al. Dose-response association of low-intensity and nondaily smoking with mortality in the United States. JAMA Netw Open 2020;3(6):e206436. 13 World Health Organization. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. Volume 89:

Smokeless Tobacco and Some Tobacco-Specific N-Nitrosamines. World Health Organization, International Agency for Research on Cancer, 2007.
14 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 15 Piano MR, Benowitz NL, Fitzgerald GA, Corbridge S, Heath J, Hahn E, et al. Impact of smokeless tobacco products on cardiovascular disease: implications for policy, prevention, and treatment. a policy statement from the American Heart Association. Circulation 2010;122(15):1520–44.
16 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 17 Simonavicius E, McNeill A, Shahab L, et al. Heat-not-burn tobacco products: a systematic literature review. Tob Control 2019;28:582-94.
18 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 19 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 20 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 21 Mishra A, Chaturvedi P, Datta S, Sinukumar S, Joshi P, Garg A. Harmful effects of nicotine. Indian J Med Paediatr Oncol. 2015;36(1):24-31. Available at: https://pubmed.ncbi.nlm.nih.gov/25810571/ 22 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 23 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 24 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 25 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 26 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 27 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 28 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 29 21 U.S.C. § 387g(a)(1)(A).
30 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012.

ITEM 12.1.

ATTACHMENT 2

9 31 ChangeLab Solutions. In Bad Taste: What Communities Can Do About Fruit- and Candy-Flavored Tobacco Products.

Accessed February 5, 2021. Available at: http://changelabsolutions.org/sites/default/files/InBadTaste- FlavoredTobacco_FactSheet-FINAL-20140107.pdf
32 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 33 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 34 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 35 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 36 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 37 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 38 Ambrose BK, Day HR, Rostron B, et al. Flavored tobacco product use among US youth aged 12-17 years, 2013-2014.

JAMA 2015;314(17):1871-73.
39 Villanti AC, Johnson AL, Glasser AM, et al. Association of flavored tobacco use with tobacco initiation and subsequent use among US youth and adults, 2013-2015. JAMA Netw Open. 2019;2(10):e1913804. 40 Ambrose BK, Day HR, Rostron B, et al. Flavored tobacco product use among US youth aged 12-17 years, 2013-2014.

JAMA 2015;314(17):1871-73.
41 Villanti AC, Johnson AL, Glasser AM, et al. Association of flavored tobacco use with tobacco initiation and subsequent use among US youth and adults, 2013-2015. JAMA Netw Open. 2019;2(10):e1913804 42 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 43 U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 44 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 45 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 46 U.S. Department of Health and Human Services. Tobacco Use Among U.S. Racial/Ethnic Minority Groups— African Americans, American Indians and Alaska Natives, Asian Americans and Pacific Islanders, and Hispanics: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Office on Smoking and Health, 1998.
47 Ton HT, Smart AE, Aguilar BL, et al. Menthol enhances the desensitization of human alpha3beta4 nicotinic acetylcholine receptors. Mol Pharmacol 2015;88(2):256-64.
48 U.S. Food and Drug Administration, Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. March 23, 2011. Available at: https://wayback.archive- it.org/7993/20170405201731/https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoP roductsScientificAdvisoryCommittee/UCM269697.pdf
49 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://purl.fdlp.gov/GPO/gpo39032 50 U.S. Food and Drug Administration, Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. March 23, 2011. Available at: https://wayback.archive- it.org/7993/20170405201731/https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoP

ITEM 12.1.

ATTACHMENT 2

10 roductsScientificAdvisoryCommittee/UCM269697.pdf
51 U.S. Department of Health and Human Services. Smoking Cessation. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2020. 52 U.S. Department of Health and Human Services. Smoking Cessation. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2020. 53 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://purl.fdlp.gov/GPO/gpo39032 54 Ambrose BK, Day HR, Rostron B, et al. Flavored tobacco product use among US youth aged 12-17 years, 2013-2014.

JAMA 2015;314(17):1871-73.
55 Ambrose BK, Day HR, Rostron B, et al. Flavored tobacco product use among US youth aged 12-17 years, 2013-2014.

JAMA 2015;314(17):1871-73.
56 U.S. Surgeon General. Surgeon General’s Advisory on E-cigarette Use Among Youth. December 2018. Available at:
https://www.cdc.gov/tobacco/basic_information/e-cigarettes/surgeon-general-advisory/index.html 57 U.S. Department of Health and Human Services. E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 58 Wang TW, Neff LJ, Park-Lee E, Ren C, Cullen KA, King BA. E-cigarette use among middle and high school students — United States, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(37):1310-12. doi:
http://dx.doi.org/10.15585/mmwr.mm6937e1
59 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 60 Wang TW, Gentzke AS, Creamer MR, et al. Tobacco product use and associated factors among middle and high school students — United States, 2019. MMWR Surveill Summ 2019;68(No. SS-12):1–22. 61 Wang TW, Gentzke AS, Creamer MR, et al. Tobacco product use and associated factors among middle and high school students — United States, 2019. MMWR Surveill Summ 2019;68(No. SS-12):1–22. 62 Wang TW, Neff LJ, Park-Lee E, Ren C, Cullen KA, King BA. E-cigarette use among middle and high school students — United States, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(37):1310-12. doi:
http://dx.doi.org/10.15585/mmwr.mm6937e1
63 Wang TW, Neff LJ, Park-Lee E, Ren C, Cullen KA, King BA. E-cigarette use among middle and high school students — United States, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(37):1310-12. doi:
http://dx.doi.org/10.15585/mmwr.mm6937e1
64 Wang TW, Neff LJ, Park-Lee E, Ren C, Cullen KA, King BA. E-cigarette use among middle and high school students — United States, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(37):1310-12. doi:
http://dx.doi.org/10.15585/mmwr.mm6937e1
65 Wang TW, Neff LJ, Park-Lee E, Ren C, Cullen KA, King BA. E-cigarette use among middle and high school students — United States, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(37):1310-12. doi:
http://dx.doi.org/10.15585/mmwr.mm6937e1
66 Ali FRM, Diaz MC, Vallone D, et al. E-cigarette unit sales, by product and flavor type — United States, 2014–2020.

MMWR Morb Mortal Wkly Rep. 2020;69:1313–18. doi: http://dx.doi.org/10.15585/mmwr.mm6937e2 67 Bonhomme MG, Holder-Hayes E, Ambrose BK, et al. Flavoured non-cigarette tobacco product use among US adults:
2013–2014. Tob Control 2016;25(suppl 2):ii4-ii13. Published Online First: 28 October 2016. 68 Bonhomme MG, Holder-Hayes E, Ambrose BK, et al. Flavoured non-cigarette tobacco product use among US adults:
2013–2014. Tob Control 2016;25(suppl 2):ii4-ii13. Published Online First: October 28, 2016. 69 U.S. Food and Drug Administration, Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. March 23, 2011. Available at: https://wayback.archive- it.org/7993/20170405201731/https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoP roductsScientificAdvisoryCommittee/UCM269697.pdf
70 Villanti AC, Collins LK, Niaura RS, Gagosian SY, Abrams DB. Menthol cigarettes and the public health standard: a systematic review. BMC Public Health 2017;17(1):983.
71 U.S. Food and Drug Administration, Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. March 23, 2011. Available at: https://wayback.archive- it.org/7993/20170405201731/https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoP roductsScientificAdvisoryCommittee/UCM269697.pdf

ITEM 12.1.

ATTACHMENT 2

11 72 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://purl.fdlp.gov/GPO/gpo39032 73 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://purl.fdlp.gov/GPO/gpo39032 74 Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams DB, Giovino GA. Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014. Tob Control 2016;25:ii14-ii20. 75 D’Silva J, Cohn AM, Johnson AL, Villanti AC. Differences in subjective experiences to first use of menthol and nonmenthol cigarettes in a national sample of young adult cigarette smokers. Nicotine Tob Res. 2018;20(9):1062-68. 76 Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams DB, Giovino GA. Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014. Tob Control 2016;25:ii14-ii20. 77 National Institutes of Health. The 2014-2015 Tobacco Use Supplement to the Current Population Survey. 2017. 78 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://purl.fdlp.gov/GPO/gpo39032 79 Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams DB, Giovino GA. Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014. Tob Control 2016;25:ii14-ii20. 80 Fallin A, Goodin AJ, King BA. Menthol cigarette smoking among lesbian, gay, bisexual, and transgender adults. Am J Prev Med 2015;48(1):93-97.
81 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://purl.fdlp.gov/GPO/gpo39032 82 Young-Wolff KC, Hickman NJ III, Kim R, Gali K, Prochaska JJ. Correlates and prevalence of menthol cigarette use among adults with serious mental illness. Nicotine Tob Res. 2015;17(3):285–91. 83 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 84 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 85 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 86 Carpenter CM, Wayne GF, Pauly JL, Koh HK, Connolly GN. New cigarette brands with flavors that appeal to youth:
tobacco marketing strategies. Health Affairs 2005;24(6):1601–10. 87 Giovino GA, Villanti AC, Mowery PD, Sevilimedu V, Niarua RS, Vallone DM, Abrams DA. Differential trends in cigarette smoking in the USA: is menthol slowing progress? Tob Control 2015;24(1):28-37. 9 88 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 89 Gardiner P, Clark PI. Menthol cigarettes: moving toward a broader definition of harm. Nicotine Tob and Research 2010;12(suppl 2):S85–S93.
90 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 91 Perks SN, Armour B, Agaku IT. Cigarette brand preference and pro-tobacco advertising among middle and high school students— United States, 2012–2016. MMWR Morb Mortal Wkly Rep. 2018;67(4):119–24. 92 National Cancer Institute. The Role of the Media in Promoting and Reducing Tobacco Use. U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute, 2008. 93 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 94 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 95 U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 96 U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon

ITEM 12.1.

ATTACHMENT 2

12 General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 97Government Accountability Office. Tobacco taxes: large disparities in rates for smoking products trigger significant market shifts to avoid higher taxes. Government Accountability Office, 2012. https://www.gao.gov/products/P00494 98 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 99 Delnevo CD, Hrywna M. “A whole ‘nother smoke” or a cigarette in disguise: How RJ Reynolds reframed the image of little cigars. Am J Public Health 2007;97:1368–75.
100 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 101 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 102 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 103 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 104 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 105 21 U.S.C. § 387g(a)(1)(A).
106 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 107 ChangeLab Solutions. In Bad Taste: What Communities Can Do About Fruit- and Candy-Flavored Tobacco Products.

Accessed February 5, 2021. Available at: http://changelabsolutions.org/sites/default/files/InBadTaste- FlavoredTobacco_FactSheet-FINAL-20140107.pdf
108 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults. A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 109 Courtemanche CJ, Palmer MK, Pesko MF. Influence of the flavored cigarette ban on adolescent tobacco use. Am J Prev Med. 2017;52(5):e139-e146.
110 Diaz M, Donovan E, Schillo B, Vallone D. Menthol e-cigarette sales rise following 2020 FDA guidance. Tob Control 2020;tobaccocontrol-2020-056053. Available at: https://pubmed.ncbi.nlm.nih.gov/32967985/ 111 Public Health Law Center. U.S. Sales Restrictions on Flavored Tobacco Products. April 2020. Available at:
https://www.publichealthlawcenter.org/sites/default/files/resources/US-sales-restrictions-flavored-tobacco-products-2020.pdf 112 Public Health Law Center. U.S. Sales Restrictions on Flavored Tobacco Products. April 2020. Available at:
https://www.publichealthlawcenter.org/sites/default/files/resources/US-sales-restrictions-flavored-tobacco-products-2020.pdf 113 Public Health Law Center. U.S. Smokeless Tobacco Manufacturing Company, LLC v. City of New York (2013). Accessed December 6, 2020. https://www.publichealthlawcenter.org/content/us-smokeless-tobacco-manufacturing-company-llc-v-city- of-new-york
114 New York City Health Department. Flavored Tobacco and Vaping Products. Accessed December 6, 2020. https://www1.nyc.gov/site/doh/health/health-topics/flavored-tobacco-and-vaping-products.page 115 Public Health Law Center. U.S. Sales Restrictions on Flavored Tobacco Products. April 2020. Available at:
https://www.publichealthlawcenter.org/sites/default/files/resources/US-sales-restrictions-flavored-tobacco-products-2020.pdf Public Health Law Center. U.S. Smokeless Tobacco Manufacturing Company, LLC v. City of New York (2013). Accessed December 6, 2020. https://www.publichealthlawcenter.org/content/us-smokeless-tobacco-manufacturing-company-llc-v-city- of-new-york
117 National Association of Tobacco Outlets, Inc. v. City of Providence (2013). Accessed December 6, 2020. https://www.publichealthlawcenter.org/content/national-association-of-tobacco-outlets-inc-v-city-of-providence 118 Public Health Law Center. Regulating Flavored Tobacco Products. May 2019. Available at:
https://www.publichealthlawcenter.org/sites/default/files/resources/Regulating-Flavored-Tobacco-Products-2019-2.pdf

ITEM 12.1.

ATTACHMENT 2

13 119 Campaign for Tobacco-Free Kids. States & Localities That Have Restricted the Sale of Flavored Tobacco Products.

December 21, 2020. Available at: http://tobaccopolicycenter.org/wp-content/uploads/2018/06/832.pdf 120 Campaign for Tobacco-Free Kids. States & Localities That Have Restricted the Sale of Flavored Tobacco Products.

December 21, 2020. Available at: http://tobaccopolicycenter.org/wp-content/uploads/2018/06/832.pdf 121 Campaign for Tobacco-Free Kids. States & Localities That Have Restricted the Sale of Flavored Tobacco Products.

December 21, 2020. Available at: http://tobaccopolicycenter.org/wp-content/uploads/2018/06/832.pdf 122 Campaign for Tobacco-Free Kids. States & Localities That Have Restricted the Sale of Flavored Tobacco Products.

December 21, 2020. Available at: http://tobaccopolicycenter.org/wp-content/uploads/2018/06/832.pdf 123 D'Silva J, Moze J, Kingsbury JH, et al. Local sales restrictions significantly reduce the availability of menthol tobacco:
findings from four Minnesota cities. Tob Control 2020. Published Online First: 23 July 2020. 124 Brock B, Carlson SC, Leizinger A, et al. A tale of two cities: exploring the retail impact of flavoured tobacco restrictions in the twin cities of Minneapolis and Saint Paul, Minnesota. Tob Control 2019;28(2):176-80. 125 Kingsley M, Song G, Robertson J, et al. Impact of flavoured tobacco restriction policies on flavoured product availability in Massachusetts. Tob Control 2020;29(2):175-82.
126 Kingsley M, Setodji CM, Pane JD, Kephart L, Henley P, Ursprung WWS, et al. Short-term impact of a flavored tobacco restriction: changes in youth tobacco use in a Massachusetts community. Am J Prev Med. 2019;57(6):741-48. 127 Rogers T, Brown EM, Mccrae TM, et al. Compliance with a sales policy on flavored non-cigarette tobacco products. Tob Regul Sci. 2017;3(2 suppl 1):S84-S93.
128 Czaplicki L, Cohen JE, Jones MR, et al. Compliance with the City of Chicago’s partial ban on menthol cigarette sales.

Tob Control 2019;28:161-67.
129 Kingsbury JH, Hassan A. Community-led action to reduce menthol cigarette use in the African American community.

Health Promot Pract 2020;21(suppl 1):S72-S81.
130 Kurti MK, Schroth KRJ, Ackerman C, Kennedy M, Jeong M, Delnevo CD. Availability of menthol cigarettes in Oakland, California after a partial flavor ban, Prev Med Reports 2020;20:1-3. 131 Rose SW, Amato MS, Anesetti-Rothermel A, et al. Characteristics and Reach Equity of Policies Restricting Flavored Tobacco Product Sales in the United States. Health Promotion Practice. 2020;21(1_suppl):44S-53S. 132 D'Silva J, Moze J, Kingsbury JH, et al. Local sales restrictions significantly reduce the availability of menthol tobacco:
findings from four Minnesota cities. Tobacco Control Published Online First: 23 July 2020. doi: 10.1136/tobaccocontrol- 2019-055577.
133 Schillo BA, Benson AF, Czaplicki L, et al. Modelling retailer-based exemptions in flavoured tobacco sales restrictions:
national estimates on the impact of product availability. BMJ Open 2020;10:e040490. doi: 10.1136/bmjopen-2020-040490. 134 U.S. Food and Drug Administration, Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. March 23, 2011. Available at: https://wayback.archive- it.org/7993/20170405201731/https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoP roductsScientificAdvisoryCommittee/UCM269697.pdf
135 Levy DT, Pearson JL, Villanti AC, et al. Modeling the future effects of a menthol ban on smoking prevalence and smoking-attributable deaths in the United States. Am J Pub Health 2011;101(7):1236–40. 136 Chaiton M, Schwartz R, Cohen JE, Soule E, Eissenberg T. Association of Ontario’s ban on menthol cigarettes with smoking behavior 1 month after implementation. JAMA Intern Med. 2018;178(5):710-11. 137 Chaiton MO, Nicolau I, Schwartz R, et al. Ban on menthol-flavoured tobacco products predicts cigarette cessation at 1 year: a population cohort study. Tob Control 2020;29(3):341-47.

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1/10/22, 3:27 PM The Dangers of Flavored Tobacco Products https://dhs.saccounty.gov/Pages/NR-The-Dangers-of-Flavored-Tobacco-Products.aspx 1/4 Department of Health Services > The Dangers of Flavored Tobacco Products Department of Health Services
The Dangers of Flavored Tobacco Products

Department of Health and Human Services
Sherri Heller
Director

6/18/2013
Media Contact:

Laura McCasland    [email protected]    (916) 875-2008

FOR IMMEDIATE RELEASE
Tobacco products like cigarettes, hookah, chewing tobacco, cigarillos, cigars, dry snuff, dip, and nicotine dissolvables have flavorings added to increase their appeal and palatability.

Many come in a variety of flavors such as menthol, vanilla, orange, apple, cola, chocolate, cherry, coffee, and grape.

Research shows that flavored tobacco products are widely considered as “starter” products, and people who use them are more likely to become “hooked” than someone trying non-flavored tobacco products for the
first time. The flavoring masks the harshness
of the tobacco products which makes them more addictive and harder to quit. According to the Centers for Disease Control (CDC), flavored tobacco is more addictive than regular tobacco products.

In 2009, the Food and Drug Administration (FDA) banned all flavored cigarettes except those containing menthol and was given the authority to regulate other tobacco products.

There are a variety of new, smokeless, flavored tobacco products including dry snuff, dip and chew, nicotine dissolvables, e-cigarette, snus and energy dip.  These products are popular with youth because they are appealing and perceived as safer.  There are few regulations for these products since they are new to the market.  Also, because these products are smokeless, young people can use these products at school and other public places without being identified as a smoker.

The following tobacco products are fl avored:

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1/10/22, 3:27 PM The Dangers of Flavored Tobacco Products https://dhs.saccounty.gov/Pages/NR-The-Dangers-of-Flavored-Tobacco-Products.aspx 2/4 • Cigarettes containing menthol are much more addictive than non-flavored cigarettes.

Menthol is more popular
among young people, women, and ethnic minorities.  According to the California Department of Public Health,
African American smokers have the highest rate of smoking menthol cigarettes (82.6%). • Hookah is a type of water pipe that is smoked communally and comes in many fruity flavors.  Hookah contains
the same toxins as cigarettes and is associated with lung cancer, respiratory illness, low birth weight and
periodontal disease.  The CDC states that an hour long hookah smoking session is equivalent to 100-200 times
the amount of smoke inhaled from a single cigarette.
• Chewing tobacco comes in the form of loose leaf, plug, or twist.  It contains carcinogens and increases the risk
of developing oral cancer.  According to the CDC, chewing tobacco is strongly associated with precancerous
white patches in the mouth and a recession of the gums caused by irritation.  According to the County and
Statewide Archive of Tobacco Statistics (C-Stats), males (14%) have a higher rate of using chewing tobacco
compared to females (7.7%) in Sacramento.
• Cigars and cigarettes differ in how they are made.  Cigars are rolled tobacco leaves, whereas cigarettes are
made of tobacco wrapped in paper and have a
filter.  According to the National Cancer
Institute, when smokers
inhale from a cigar, nicotine is absorbed through the lungs more quickly than when smoking cigarettes.  Cigars
and cigarettes have a similar level of risks for oral cavity and esophageal cancer. • Dry snuff is made from ground tobacco leaves.  It can be sniffed or inhaled and it comes in different
flavors.

The nicotine from snuff is absorbed through the mucous membranes when sniffed or inhaled. According to the
National Cancer Institute, dry snuff is associated with oral cancer. • Snus is similar to dry snuff except that it is contained in a small pouch.  It is consumed by being placed under
the lip.  Snus is not a safer alternative to smoking.  This can lead to nicotine addiction and dependency.  Snus
can lead to oral, pancreatic, and esophageal cancers.
• Dip and chew are considered moist snuff.  They are placed between the lip and gums.

Most people use them
by sucking on the product and spitting out the tobacco juices.  A common brand is called Energy Dip which
provides caffeine in addition to the nicotine.  People who use dip and chew have an increased risk of oral
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