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tobacco product shall not be determined to have a characterizing flavor solely because of the use
<br />of additives or flavorings or the provision of ingredient information. Rather, it is the presence of
<br />a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that
<br />constitutes a characterizing flavor. Characterizing flavor includes flavor in any form, mixed with,
<br />or otherwise added to tobacco product or nicotine delivery device, including electronic smoking
<br />devices.
<br />"Flavored tobacco product" means any tobacco that contains a constituent that imparts a
<br />characterizing flavor. This includes menthol cigarettes and tobacco products, cigars, little cigars,
<br />pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, and
<br />electronic cigarettes or electronic smoking devices.
<br />(a) For purposes of this definition, "constituent" means any ingredient, substance,
<br />chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added
<br />by the manufacturer to a tobacco product during the processing, manufacture, or packing of the
<br />tobacco product.
<br />(b) Further, a tobacco product is presumed to be a flavored tobacco product if a
<br />manufacturer or any of the manufacturer's agents or employees has:
<br />(1) Made a public statement or claim that the tobacco product has or produces a
<br />characterizing flavor, including, but not limited to, text and/or images on the product's labeling
<br />or packaging that are used explicitly or implicitly to communicate information about the flavor,
<br />taste, or aroma of a tobacco product; or
<br />(2) Taken actions directed to consumers that would be reasonably expected to result in
<br />consumers believing that the tobacco product imparts a characterizing flavor."
<br />SECTION III. CEQA. Approval of the amendment is exempt from further environmental
<br />review under the general rule in California Environmental Quality Act (CEQA) Guidelines
<br />Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a
<br />significant effect on the environment. As a series of text amendments and additions, it can be
<br />seen with certainty that there is no possibility that the ordinance will have a significant effect on
<br />the environment.
<br />SECTION IV. Approval. The City Council hereby approves the amendments to the Municipal
<br />Code, more particularly, amending Chapter 4.36, as shown above, which is incorporated herein
<br />by reference and available for review in the City Clerk's office during normal business hours.
<br />SECTION V. Severability. If any provision of this ordinance or the application thereof to any
<br />person or circumstance is held invalid, the remainder of the ordinance, including the application
<br />of such part or provision to other persons or circumstances shall not be affected thereby and shall
<br />continue in full force and effect. To this end, provisions of this ordinance are severable. The
<br />City Council hereby declares that it would have passed each section, subsection, subdivision,
<br />paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
<br />ORDINANCE NO. 2022-002 `_
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