PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 6 RELATING TO TOBACCO PRODUCTS AND ARTICLE 7 RELATING TO ELECTRONIC NICOTINE DELIVERY DEVICES, CHAPTER 87, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
On December 20, 2019, President Trump signed legislation to raise the federal minimum age for the purchase of tobacco products from 18 to 21. The proposed ordinance brings Martin County into compliance with existing federal law by raising the minimum age to purchase tobacco products to 21. The amendment also creates a Tobacco Distribution License (TDL) which all tobacco retailers will have to obtain in order to sell tobacco products within unincorporated Martin County. Retailers that violate the ordinance by selling to underaged persons will be penalized with a monetary fine and the suspension of their license.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Senior Assistant County Attorney
REQUESTED BY: Commissioner Hetherington
PRESET: 10:30 AM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On December 20, 2019, President Trump signed legislation to amend the Federal Food, Drug and Cosmetic Act to raise the federal minimum age for the purchase of tobacco products from 18 to 21. This created inconsistencies with many state laws that establish 18 as the minimum age for the purchase of tobacco products, including Florida. Nonetheless, the federal law supersedes any conflicting state law for the purchase of tobacco products. As a result, it is illegal for a retailer to sell any tobacco products, which includes cigarettes, cigars, vapor-generating electronic devices and many other products and components, to anyone under 21 years of age in the United States. The Florida Legislature approved Senate Bill (SB) 810 in the 2020 legislative session. SB 810 raised the minimum age for the sale of tobacco products to 2...
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