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File Number: 22-023
<br />imparted by a tobacco product or any byproduct produced by the tobacco product, including, but not limited
<br />to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, coca, dessert, alcoholic beverage,
<br />menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing
<br />flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is
<br />the presence of 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, or otherwise
<br />added to tobacco product or nicotine delivery device, including electronic smoking
<br />devices.
<br />…
<br />“Flavored tobacco product” means any tobacco product (other than cigarettes as defined by the U.S.
<br />Food and Drug Administration) that contains a constituent that imparts a characterizing flavor. This includes
<br />menthol cigarettes and tobacco products, cigars, little cigars, pipe tobacco, hookah tobacco, snuff, chewing
<br />tobacco, dipping tobacco, bidis, blunts, and electronic cigarettes or electronic smoking devices.
<br />(a) For purposes of this definition, “constituent” means any ingredient, substance, chemical, or compound,
<br />other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco
<br />product during the processing, manufacture, or packing of the tobacco product.
<br />(b) Further, a tobacco product is presumed to be a flavored tobacco product if a manufacturer or any of
<br />the manufacturer’s agents or employees has:
<br />(1) Made a public statement or claim that the tobacco product has or produces a characterizing flavor,
<br />including, but not limited to, text and/or images on the product’s labeling or packaging that are used explicitly or
<br />implicitly to communicate information about the flavor, taste, or aroma of a tobacco product; or
<br />(2) Taken actions directed to consumers that would be reasonably expected to result in consumers
<br />believing that the tobacco product imparts a characterizing flavor.”
<br />SECTION III. CEQA. Approval of the amendment is exempt from further environmental review under the
<br />general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only
<br />applies to projects that have the potential for causing a significant effect on the environment. As a series of text
<br />amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a
<br />significant effect on the environment.
<br />SECTION IV. Approval. The City Council hereby approves the amendments to the Municipal Code, more
<br />particularly, amending Chapter 4.36, as shown above, which is incorporated herein by reference and available
<br />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 person or
<br />circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision
<br />to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To
<br />this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed
<br />each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that
<br />any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
<br />unconstitutional, invalid, or unenforceable.
<br />Page 5 City of San Leandro Printed on 2/3/2022
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