Update to Flavored Tobacco Regulations
City of South San Francisco City Council
March 26, 2025
Attachment 7
• Seek Council approval:
• Amend Tobacco Retailer Permit
ordinance to adopt County
Ordinance by reference
• Update Council on retailer
outreach and education efforts
• Provide Council with
information on next steps
regarding Tobacco education
and engagement
Purpose
2 Limiting Youth Access
3 • Over 15,500 vape flavors
• 93% of youth who tried vaping
started with a flavored product
• 96% of high school students in
California who vape use flavors
• In San Mateo County, 8.7% of
high schoolers vape
• Nicotine salt is highly
concentrated and bad for
developing brains
Existing Local Tobacco Regulations
• 2008 – Establishes Tobacco Retailer Permit
• Adopts County’s Tobacco Retailer Permit Ordinance by reference • Requires all retailers to maintain valid tobacco retailer permit from County’s Environmental Health Division • 2012 – Prohibits new significant tobacco retailers
• 20% or more of floor area devoted to tobacco products or 50% or more of completed sales transactions including tobacco products or paraphernalia
• Exemption for significant tobacco retailers that were lawfully established prior to effective date of Chapter 20.420 • 2019 – Flavored Tobacco Ban
• Bans sale of flavored tobacco and e-cigarettes citywide at all businesses except for adult only retailers. • Adult only retailers allow those 21 and over on their premises. • Effective January 1, 2020
Background on past actions
4 State Law prohibits the sale of these flavored tobacco products:
• Flavored e-cigarettes or vapes that deliver nicotine or another vaporized liquid, e-juice, pods, or cartridges
• Menthol cigarettes
• Flavored little cigars and cigarillos
• Flavored smokeless tobacco products
• Flavored blunt wraps
• Flavored loose-leaf roll-your-own tobacco
• Flavored tobacco rolling papers
• Tobacco product flavor enhancers
State law does not apply to:
• Flavored premium cigars with a wholesale
price of $12 or more
• Flavored loose-leaf pipe tobacco
• Flavored shisha/hookah tobacco may only
be sold in licensed stores that only allow
people 21 or older on the premises at any
time.
5 SB 793 & AB 935
Assembly Bill 3218
• Requires State Attorney General to establish and publish a list of unflavored cigarettes and tobacco products known as the Unflavored Tobacco List (UTL) by December 31, 2025
• Products not on this list once posted would be considered a flavored product
Senate Bill 1230 – “Strengthen Tobacco Oversight Programs and Seize Illegal Tobacco Products Act” (STOP Act)
• Allows State to seize flavored tobacco products & enhancers that violate the flavored tobacco ban
• Civil penalties may be imposed on retailers and wholesalers 6 AB 3218 and SB 1230
• June 2023 - County enacts
new Tobacco Retailer Permit
ordinance
• Stronger Enforcement
• Retail restrictions
• Proximity restrictions for new
retail businesses
• Cities encouraged to adopt
to continue County
enforcement efforts
• Must adopt verbatim or by
reference
7 County Tobacco Retailer Program
Amended County Tobacco
Ordinance Requirements
• “Tobacco Product” definition is
updated to include synthetic
nicotine
• “Electronic Smoking Device”
definition is expanded to
include non-nicotine products
Amended County Tobacco Retailer Ordinance
8 Amended County Tobacco
Ordinance Requirements
• Prohibits issuing new tobacco permit
for any location within 1,000 ft of a
“youth populated area”
• Prohibits new permit for a location
within 500 ft of another tobacco
retailer
• Prohibits posting of advertisements
unless retailer has valid permit
• Increases age to 21 years old to
purchase align with state law
Amended County Tobacco Retailer Ordinance
9 Retailers must meet one of the following requirements to be designated as a pre-existing business and not subject to the new proximity requirements:
1. Retailer previously held tobacco permit with the County’s Environmental Health Services; or
2. Are registered with the California Department of Tax and Fee Administration (CDTFA) as a tobacco retailer; and/or
3. Hold a South San Francisco Business License and are listed as a tobacco retailer
10 What does this mean for existing retailers?
Amended County Tobacco
Ordinance Requirements
• Mandates fine for any violations
• Increases fines up to $500 for first
violation and up to $1,000 for all
subsequent violations in 60-month
period
• Requires permit suspension if
business found to have sold to
someone under 21 years old
• Increases onsite inspections by
County Environmental Health
Services to at least twice per year
11 Amended County Tobacco Retailer Ordinance
Retailer & Community Outreach
12 • Mailed business letters
• Tobacco Retailer
Survey
• Targeted email
blasts
• Social Media
• Three Information
Sessions
• In-Person Retailer Visits
• Amendment to SSFMC
Chapter 4.46 adopting
SMCOC Chapter 4.98 by
reference
• Repeal SSFMC Chapter 6.47
regulating sale of flavored
tobacco
• If approved, take proposed
amendment (SSFMC Ch.
20.420) to Planning
Commission
• Bring SSFMC Ch. 20.420
amendment back to Council
for review
13 Next Steps
Update to Flavored Tobacco Ordinance
City of South San Francisco | March 26, 2025
THANK YOU