report to the city council from the city ...eb0dd61b-914b...making matters worse is the fact that...

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REPORT TO THE CITY COUNCIL FROM THE CITY MANAGER April 6, 2015

Subject: Use of Inhalant Delivery Systems and Tobacco Products.

Purpose. This is to provide information to the City Council.

Background. Two council members have asked about the use of tobacco products. One question

was about e-cigarettes and the other was about smoking in City parks, specifically the fishing

pond.

E-cigarettes are battery-powered devices that allow users to inhale a vapor mix consisting of

nicotine, flavor additives and other chemicals. They do not contain tobacco. Oregon is among

just a handful of states (nine, in total) that do not ban the sale of the devices to minors. E-

cigarette advocates say the products can be useful tools to help people quit smoking, although

there is some dispute on that point. (Corvallis Gazette-Times, editorial, March 4, 2015).

House Bill 2546, Relating to Inhalants, has been passed by the Oregon House and move to the

Senate’s Committee on Health Care (as of March 25, 2015). The bill defines “inhalant delivery

system” and amends laws concerning sale of tobacco products to, and use of tobacco products

by, minors so those laws equally apply to inhalant delivery systems.

Sheridan Municipal Code Section 9.32.020 B states: “No person under the age of eighteen (18)

years shall smoke, use or possess a cigar, cigarette or tobacco in any form in any public place.”

The underlying ordinance is from 1966 and there is no definition of smoking although the

sentence clearly states the prohibitive acts. This is the only mention of underage smoking in the

municipal code.

The City enforces the Oregon Clean Air Act which bans smoking in public buildings,

restaurants, etc. The law also prohibits smoking within 10 feet of a doorway, window, or

passageway. At the time (November 2, 2009), the City Council discussed banning smoking in

city parks and on sidewalks and rights-of-way. It decided that we would use the provisions of

the Oregon Clean Air Act.

Other cities have enacted ordinances about smoking, “vapping” (use of e-cigarettes) and the use

of tobacco products in city parks and open spaces. (See Corvallis Municipal Code, Section

5.03.160 – Tobacco Products and Smoking).

The Corvallis Municipal Code provides the following definitions:

Electronic smoking device. Any electronic oral device, such as one composed of a

heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any

other substances, and the use of inhalation of which simulates smoking. The term shall include

any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar,

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e-pipe, e-hookah, or under any other product name of descriptor and any cartridge or other

component of the device or related product.

Smoking. Any inhaling, exhaling, burning, or carrying any lighted or heated cigar,

cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any

form. Smoking also includes the use of an electronic smoking device which creates a vapor, in

any manner or in any form.

Tobacco product. Any product that contains tobacco or is derived from tobacco and is

intended to be introduced into the human body. "Tobacco Product" includes any electronic

smoking device. "Tobacco Product" does not mean any product that the United States Food and

Drug Administration has approved as a tobacco use cessation product.

Discussion. E-cigarettes are safer than smoking tobacco but there is usually nicotine and other

chemicals in the vapor. Without a state law, e-cigarettes can be sold to minors.

Smoking in open spaces (city parks, fishing pond, transit shelters, city-owned parking lots,

sidewalks and rights-of-way) is more challenging. State law does not ban smoking in open

places.

Recommendation. That the City Council discuss their concerns regarding the use of tobacco

products by minors and use of tobacco products in open spaces.

Francis D. Sheridan

City Manager

Attachments:

1. Editorial, Corvallis Gazette-Times, March 4, 2015 (2 pages).

2. Griffin, R. Morgan, E-Cigarettes 101 - Electronic cigarettes: Are they safer than tobacco?

Or are they a high-tech way to hook a new generation on a bad nicotine habit? WebMD

Feature, Reviewed by Arefa Cassoobhoy, MD, MPH, January 3, 2014. Downloaded

from: http://www.webmd.com/smoking-cessation/features/electronic-cigarettes (3 pages).

3. McMillen, Matt, What’s in Your E-Cigarette?, WebMD Health News, Reviewed by

Arefa Cassoobhoy, MD, MPH, February 18, 2015. Downloaded from

http://www.webmd.com/smoking-cessation/news/20150218/e-cigarette-ingredients (4

pages).

4. DeNoon, Daniel J., No-Smoke Electronic Cigarettes Draw Criticism From FDA, Medical

Groups, WebMD Feature, Reviewed by Louise Chang, MD., April 13, 2009.

Downloaded from http://www.webmd.com/smoking-cessation/features/ecigarettes-under-

fire (5 pages).

5. Corvallis Municipal Code definitions relating to e-cigarettes (1 page).

6. Corvallis Municipal Code Section 5.03.080.160 - Tobacco products and smoking (4

pages).

Francis D. Sheridan

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Editorial: Banning e-cigs for minors is a

smart move

March 04, 2015 12:45 pm

The Oregon House this week overwhelmingly passed a measure to ban the sale of e-cigarettes to

minors.

That’s good. The Senate should approve the bill, House Bill 2546, and send the measure to Gov.

Kate Brown for her signature.

We thought the issue of whether minors should have access to e-cigarettes was a no-brainer last

year, when Rep. Andy Olson of Albany was trying to push a similar measure through the

Legislature. Olson’s bill last year addressed only the issue of whether the devices should be sold

to minors and didn’t spend any time on a related issue — whether e-cigarettes should be subject

to the state’s Oregon Clean Air Act.

Legislators last year decided to convene a task force to examine both issues, and put Olson’s

proposal on ice. The task force’s work led directly to House Bill 2546. Olson voted for the bill,

and spoke on the House floor in favor of its passage.

E-cigarettes are battery-powered devices that allow users to inhale a vapor mix consisting of

nicotine, flavor additives and other chemicals. They do not contain tobacco. Oregon is among

just a handful of states (nine, in total) that do not ban the sale of the devices to minors.

E-cigarette advocates say the products can be useful tools to help people quit smoking, although

there is some dispute on that point.

Regardless, it’s a moot issue when it comes to the use of e-cigarettes by minors, which has been

increasing. According to a story on the bill in The Oregonian, from 2011 to 2013, regular

smoking among 11th graders tumbled from 11.5 percent to 9.4 percent, while e-cigarette use

zoomed from 1.8 percent to 5.2 percent.

Making matters worse is the fact that e-cigarette manufacturers have been producing the devices

in flavors that seem designed to appeal to young users — bubble gum, for example, or chocolate.

Considering the long-term health impacts from smoking, why allow kids access to a device that

could lead to cigarette addiction?

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The bill also prohibits the use of e-cigarettes in bars, workplaces and other public spaces where

cigarettes also are forbidden. Researchers have found that the vapor from e-cigarettes contains

harmful chemicals, so it makes sense to add the devices to the state’s Clean Air Act.

With one possible exception: The House pondered, but then rejected, an amendment that would

allow “vaping,” as the practice is called, in shops that sell the products. A representative for

Olson said he would have been OK with such an amendment, and it makes sense to us as well.

No one is forcing people to patronize these shops. It makes sense to allow these stores a space

where people can test the products — which, after all, are not illegal.

But, all in all, we’re pleased to see House Bill 2546 advancing to the Senate. The bill could be

improved, but it nevertheless represents a step forward.

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Article Link: http://www.webmd.com/smoking-cessation/features/electronic-cigarettes

Smoking Cessation Health Center

E-Cigarettes 101

By R. Morgan Griffin, WebMD Feature, Reviewed by Arefa Cassoobhoy, MD, MPH

Electronic cigarettes: Are they safer than tobacco? Or are they a high-tech way to hook a new

generation on a bad nicotine habit?

Nobody knows yet.

Research into the effects of e-cigarettes lags behind their popularity. But ready or not, the era of

e-cigarettes is here. It’s a booming, billion-dollar industry -- on track to outsell tobacco products

within a decade. The number of teens and tweens using these products doubled between 2011

and 2012.

The time to get informed about these products is now.

How E-Cigarettes Work

They look like the real thing. The end glows as you inhale. As you exhale, you puff out a cloud

of what looks like smoke. It's vapor, similar to the fog you might see at rock shows, says M.

Brad Drummond, MD. He's an assistant professor of medicine at Johns Hopkins University

School of Medicine.

All e-cigarettes work basically the same way. Inside, there's a battery, a heating element, and a

cartridge that holds nicotine and other liquids and flavorings. Features and costs vary. Some are

disposable. Others have a rechargeable battery and refillable cartridges.

Using an e-cigarette is called "vaping."

Are They Safe?

The nicotine inside the cartridges is addictive. When you stop using it, you can get withdrawal

symptoms including feeling irritable, depressed, restless and anxious. It can be dangerous for

people with heart problems. It may also harm your arteries over time.

So far, evidence suggests that e-cigarettes may be safer than regular cigarettes. The biggest

danger from tobacco is the smoke, and e-cigarettes don't burn. Tests show the levels of

dangerous chemicals they give off are a fraction of what you'd get from a real cigarette. But

what's in them can vary.

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"E-cigarettes may be less harmful than cigarettes," Drummond says. "But we still don't know

enough about their long-term risks or the effects of secondhand exposure."

Pro and Con

E-cigarettes have triggered a fierce debate among health experts who share the same goal --

reducing the disease and death caused by tobacco. But they disagree about whether e-cigarettes

make the problem better or worse.

Opponents say that because nicotine is addictive, e-cigarettes could be a "gateway drug," leading

nonsmokers and kids to use tobacco. They also worry that manufacturers -- with huge

advertising budgets and celebrity endorsements -- could make smoking popular again. That

would roll back decades of progress in getting people to quit or never start smoking.

Others look at possible benefits for smokers. "Obviously, it would be best if smokers could quit

completely," says Michael Siegel, MD, MPH, a professor at Boston University's School of

Public Health. "But if that's not possible, I think they'd be a lot better off with e-cigarettes.

They're a safer alternative."

Siegel compares replacing tobacco with e-cigarettes to heroin users switching to the painkiller

methadone. The replacement may have its own risks, but it's safer.

Some supporters believe that e-cigarettes could help people quit, just like nicotine gum. Initial

research looks promising, but more long term, in-depth studies are needed.

What Parents Should Know

Nicotine can affect brain development in children and teens, Drummond says.

Some e-cigarettes have candy flavoring, which could make them appealing to kids.

They don't leave a smell like tobacco. So it's harder for parents to know if their kids are

vaping.

What Adults and Smokers Need to Know

If you don't smoke, don't start vaping. There are no health benefits and some risks.

If you smoke and are trying to quit, you're better off with an FDA-approved method of

quitting, Drummond says, like the nicotine patch or gum. There's good evidence that they

help. E-cigarettes may turn out to be an effective way to quit, but we don't have the proof

yet.

If you're not planning to quit, would it be healthier to switch from tobacco products to

e-cigarettes? Maybe. Talk to your doctor about the risks and benefits.

While experts debate, some cities -- like Boston, Los Angeles, and New York -- have passed

laws about how people can buy or use e-cigarettes in public.

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Bigger, changes are likely.

The FDA has proposed new regulations that would extend the agency’s authority over many

tobacco products, including e-cigarettes.

A minimum age requirement is among the proposed regulations.

Reviewed on January 03, 2014, © 2014 WebMD, LLC. All rights reserved.

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Article Link: http://www.webmd.com/smoking-cessation/news/20150218/e-cigarette-ingredients


What’s in Your E-Cigarette?

By Matt McMillen , WebMD Health News, Reviewed by Arefa Cassoobhoy, MD, MPH

Feb. 18, 2015 -- As the popularity of electronic cigarettes has grown over the past several years,

so have concerns over the health risks tied to them.

The New England Journal of Medicine, for example, recently published a letter from researchers

that set off alarm bells. They reported that some e-cigarettes release formaldehyde, a probable

cancer-causing substance (or carcinogen), when heated with batteries set at high voltages.

On Jan. 28, the California State Department of Public Health released a report declaring e-

cigarettes a public health threat and calling for regulation.

So, What’s in E-cigarettes?

That’s not an easy question to answer. No federal agency oversees the e-cigarette industry. That

means no standards exist. Labels may inaccurately describe ingredients, and what you find in one

brand may be vastly different from that found in another, for better or worse.

The results of one FDA review of 18 different e-cigarette cartridges found toxic and carcinogenic

chemicals in some but not others. All but one of the cartridges labeled “no nicotine” did, in fact,

contain nicotine. The authors suggest that “quality control processes used to manufacture these

products are inconsistent or non-existent.”

Here’s some of what we do know.

The E-Liquid

E-liquid, or e-juice, is the name for the solution that’s heated up and converted to an aerosol,

which e-cigarette users inhale. Here are its most common ingredients:

Nicotine: The addictive ingredient in e-cigarettes and regular cigarettes, nicotine stimulates the

central nervous system and raises blood pressure, respiration, and heart rate. “People smoke

because of the nicotine,” says researcher Maciej Goniewicz, PhD, PharmD. He's a tobacco and e-

cigarette expert at the Roswell Park Cancer Institute in Buffalo, N.Y.

While it's addictive, nicotine doesn't cause cancer, says Goniewicz: “What causes concern are the

other chemicals (in the e-liquid).”

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Flavorings: Goniewicz says hundreds of flavors exist, including cherry, cheesecake, cinnamon,

and tobacco. Many of those flavoring chemicals, he says, are also used to flavor food.

“These are the big unknowns,” he says. “When we eat them, they are safe, but we don’t know

what’s going on when we inhale them.”

It would be impossible to list all the various flavoring chemicals here, but one such chemical,

diacetyl, is commonly used to add buttery flavor to popcorn. It's been linked to obstructive lung

disease when inhaled. Other chemicals that add buttery flavor might be harmful as well, says

Neal Benowitz, MD. He's a former member of the FDA’s Tobacco Products Scientific Advisory

Committee.

Propylene glycol (PG): PG is a lab-made liquid that the FDA generally views as safe in food,

drugs, and cosmetics. It's also used to make artificial smoke or fog for rock concerts and other

performances. It can irritate the lungs and eyes and may be more harmful for people with chronic

lung diseases like asthma and emphysema.

Glycerin: Odorless and colorless, liquid glycerin has a slightly sweet taste. Like PG, the FDA

generally views it as safe. It’s found in many products, including food and drugs, both

prescription and over the counter.

While both PG and glycerin are safe in food and drugs, Goniewicz says, “we don’t know what

happens if someone inhales large amounts of these chemicals over the long term. This is really

unknown.”

Heating Up

Toxic chemicals are formed as the e-liquid heats up to make the aerosol that e-cig users inhale.

Some of these chemicals can cause inflammation and blood vessel damage responses, says

Benowitz, who's also a professor at the University of California, San Francisco's School of

Medicine. “In most preparations, they are much lower than you find in cigarette smoking, but

they are of concern, no question about it,” he says.

Those chemicals include:

Formaldehyde: A probable carcinogen.

Acetaldehyde: Another probable carcinogen.

Acrolein: Formed from heated glycerin, acrolein can damage the lungs and contribute to heart

disease in smokers.

All three are released in increasing amounts as the temperature of the e-liquid rises. And, says

Benowitz, users may be tempted to go for those higher temperatures.

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“Unfortunately, the higher you heat the liquid, the more nicotine you get from it,” he says.

“People who want to get a big dose of nicotine may use really high voltage batteries or an

adjustable voltage battery.”

Goniewicz says flavors might mask the unpleasant taste that results when users heat their e-

cigarettes to the point at which formaldehyde is made.

Particulates and Metals

The tiny particles in e-cigarette aerosol also may be harmful. This is certainly the case for

cigarette smoke and other air pollution, which can cause blood vessel damage, inflammation, and

nervous system effects, Benowitz says.

E-cigarette aerosol has similar levels of particulates as regular cigarettes. But not enough

research has been done on e-cigarettes to draw any conclusions about the safety of breathing in

the particles they produce.

Toxic metals such as tin, nickel, cadmium, lead, and mercury have been found in e-cigarette

aerosol, too. A 2013 study notes that some metals, such as nickel, occur in concentrations 2 to

100 times that of cigarettes.

Are E-Cigarettes Safe?

“It’s all relative to cigarette smoking,” Benowitz says. “Based on what we know now, they are

much less hazardous than regular cigarettes.”

And regular cigarettes, as everyone should know, are truly bad for you. According to the

American Lung Association, cigarettes give off about 7,000 chemicals when burned, many of

them poisonous -- at least 69 of those chemicals cause cancer.

E-cigarettes do appear to be less dangerous for those exposed to secondhand aerosol. E-cigarette

users exhale very little of what they breathe in, says Benowitz, and their devices emit no aerosol.

Cigarettes, by contrast, pollute the atmosphere and others’ lungs at a very high rate.

“Seventy-five percent of the smoke generated by cigarettes is sidestream smoke, and that goes

into the environment,” Benowitz says.

Still, much more research needs to be done to fully figure out the health risks that e-cigarettes

pose for both users and bystanders.

Both Benowitz and Goniewicz say e-cigarettes may prove helpful to smokers who are trying to

quit. But that's another issue that needs much more study.

And for people who don’t already smoke?

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“This is not a product for non-smokers,” Goniewicz says. “If you are not a smoker, don’t use it.

There’s no reason to try electronic cigarettes.” The nicotine is addictive.

© 2015 WebMD, LLC. All rights reserved.

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Article Link: http://www.webmd.com/smoking-cessation/features/ecigarettes-under-fire


E-Cigarettes Under Fire

No-Smoke Electronic Cigarettes Draw Criticism From FDA, Medical Groups

By Daniel J. DeNoon, WebMD Feature, Reviewed by Louise Chang, MD

"They are electronic, alternative smoking devices that simulate the sensation of smoking. They

do not expose the user, or others close by, to harmful levels of cancer-causing agents and other

dangerous chemicals normally associated with traditional tobacco products."

-- Craig Youngblood, president of InLife, an e-cigarette company.

"They are nicotine delivery devices intended to be used like a cigarette. What happens to

someone who stops inhaling the tars of cigarettes and inhales only nicotine? We don't know.

There is at least the potential for harm."

-- Norman Edelman, MD, chief medical officer, American Lung Association

"We are concerned about the potential for addiction and abuse of these products. We don't want

the public to perceive them as a safer alternative to cigarettes."

-- Rita Chapelle, FDA spokeswoman.

E-cigarettes don't make real smoke, yet they've ignited a firestorm of controversy.

You may have already seen e-cigarettes -- electronic cigarettes -- for sale on the Internet or at

one of at least 62 kiosks at malls across the U.S.

E-cigarettes are safer than cigarettes, their makers say or imply. But until e-cigarettes are proven

safe, the FDA is refusing to let them into the country and may soon ban their sale, as major U.S.

medical associations have asked.

"We have an open investigation into this issue," FDA spokeswoman Rita Chappelle tells

WebMD. "What is happening right now is FDA has reviewed several e-cigarettes, e-cigars, and

e-pipes, and have refused entry of these products into the country. We acted because these

products appear to require FDA approval for marketing, and have not been reviewed by the

agency."

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An informal FDA review of some of these products "indicated that these products are not

currently approved," Chappelle says.

If the FDA bans e-cigarettes, an action many observers believe imminent, it won't be the first

North American agency to do so. Last month, Canada's health agency banned the importation or

sale of e-cigarette products.

What's all the fuss about? At the heart of the issue is a debate over what the e-cigarette really is.

What's an E-Cigarette?

Like gunpowder, the e-cigarette is a Chinese invention. The first ones came from the Ruyan

Company in 2004. According to media reports, Ruyan says it sold 300,000 e-cigarettes in 2008,

and it's far from the only company making the devices.

The e-cigarette comes in many shapes and sizes. Many look more or less like long cigarettes;

others look like cigars or pipes. They all work the same basic way:

The user inhales through a mouthpiece.

Air flow triggers a sensor that switches on a small, battery-powered heater.

The heater vaporizes liquid nicotine in a small cartridge (it also activates a light at the

"lit" end of the e-cigarette). Users can opt for a cartridge without nicotine.

The heater also vaporizes propylene glycol (PEG) in the cartridge. PEG is the stuff of

which theatrical smoke is made.

The user gets a puff of hot gas that feels a lot like tobacco smoke.

When the user exhales, there's a cloud of PEG vapor that looks like smoke. The vapor

quickly dissipates.

E-cigarettes contain no tobacco products; even the nicotine is synthetic.

The devices retail for $100 to $200. Refill cartridge packs vary in price depending on nicotine

content, and liquid for do-it-yourself refills are sold, too. Each cartridge is good for several uses.

E-Cigarettes: Good?

So what's an e-cigarette good for?

Different e-cigarette marketers stress different points:

For smokers who don't plan to quit tobacco, some firms point to e-cigarettes as a way to

"smoke" in smoke-free environments such as airplane lounges, restaurants, and

workplaces.

For smokers who don't want to give up their nicotine addiction, some firms suggest that

switching to e-cigarettes will reduce the harm of their habit.

For smokers who want to quit, some firms suggest that e-cigarettes may help people

transition from smokers to nonsmokers (the World Health Organization has asked

marketers not to make this claim).

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Craig Youngblood, president of the InLife e-cigarette company, says that since regular tobacco is

very bad for you, something that assuages your nicotine habit without smoke must be less bad.

"In our product you have nicotine or no nicotine, PEG, and some flavoring. In cigarettes you

have nicotine, PEG, and 4,000 chemicals and 43 carcinogens," Youngblood tells WebMD.

"There are 45 to 50 million people already addicted to nicotine. Should they have the choice to

satisfy their addiction by other means? ... I am a proponent of harm reduction. People have rights

and choices and should be allowed to make them."

Youngblood says his company makes no health claims. He rejects the idea that his product is a

smoking cessation device and says his company does not make that claim. He also says his

product is not sold to minors.

Youngblood does make this claim: E-cigarettes are green.

"There is no pollution of the environment with this product," he says. "The vapor is not the same

as smoke. And for every odor-free e-cigarette cartridge people throw in the trash, smokers throw

20 smelly cigarette butts out their car windows."

Some firms do suggest that e-cigarettes are safer than tobacco cigarettes. Most point to a Ruyan-

funded study by tobacco researcher Murray Laugesen, MBChB, of Health New Zealand, a

private research firm.

Laugesen analyzed Ruyan e-cigarettes and found nothing inherently bad in them -- that is, they

contained what they said they contained and posed little threat of immediate harm.

But this was not a clinical study, notes Norman Edelman, MD, chief medical officer of the

American Lung Association, one of the organizations that has called for an FDA ban on e-

cigarettes.

"Laugesen is trying to project what the effects of e-cigarettes might be, but he doesn't really

know," Edelman tells WebMD. "There are no clinical studies of long-term use of these

products."

And some firms do claim that e-cigarettes help people quit smoking. After all, there's an FDA-

approved nicotine inhaler already in drug stores -- Pfizer's Nicotrol. It doesn't look much like a

cigarette, but it doesn't look much different than some e-cigarette products.

What's the difference?

"The Nicotrol inhaler is an approved smoking cessation device," says the FDA's Chapelle.

"Because these e-cigarette products haven't been reviewed by the agency, their labeling has to be

reviewed, their intended use has to be reviewed, and all of their ingredients and components have

to be reviewed."

E-Cigarettes: Bad?

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Edelman says nicotine addiction is bad and that people with the habit need help quitting, not help

continuing their habit in more socially acceptable ways.

And there's no proof that e-cigarettes don't cause long-term harm. That's what bothers all the

health experts who discussed e-cigarettes with WebMD.

"We cannot say they are good or bad because we don't have any scientific proof," says Eliana

Mendes, MD, a pulmonology researcher at the University of Miami.

"What happens to someone who stops inhaling the tars of cigarettes and just inhales nicotine?

We don't know," Edelman says. "We are talking about use that might be three years, five years,

10 years, we just don't know. Once you have the nicotine habit, you are not likely to quit."

Rather than quit, e-cigarettes might worsen users' nicotine habits, says Michael Eriksen, ScD,

director of the institute of public health at Atlanta's Georgia State University and former director

of CDC's office of smoking and health.

"I have seen no evidence that people switch from tobacco cigarettes to e-cigarettes or other

smokeless tobacco products," Eriksen tells WebMD. "If you look at how smokeless products are

marketed, they are sold as something to use at times you can't smoke. The implication is you will

increase nicotine exposure, not reduce smoking. We'll just be encouraging people to use more

nicotine."

Youngblood says his e-cigarette products are being marketed only to people who already smoke

and already have a nicotine addiction. But Eriksen says the unregulated sale of these products

might get new users hooked -- users who might then start smoking.

"Will e-cigarettes get fewer people smoking? Or will people start with e-cigarettes and graduate

to tobacco cigarettes? It is unknown whether these things are good, bad, or indifferent," he says.

"If for every person who used e-cigarettes there was one fewer person smoking tobacco

cigarettes, that would be good. But there is no evidence that will occur."

And there's one more issue that troubles doctors. University of Miami pediatrician and lung

specialist Michael Light, PhD, says underage users will get their hands on e-cigarettes -- even if

marketers like Youngblood refuse to sell them to minors.

"It will be easy for kids to get the product," Light tells WebMD. "It could be a way to get kids

into the nicotine habit to get them to smoke. It is a ploy."

SOURCES:

Craig Youngblood, president, InLife LLC, Irvine, Calif.

Norman Edelman, MD, chief medical officer, American Lung Association, Washington, D.C.

Rita Chappelle, FDA spokeswoman, Rockville, Md.

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Michael Eriksen, ScD, director, Institute of Public Health, Georgia State University, Atlanta.

Eliana Mendes, MD, research assistant professor of pulmonology, University of Miami Miller

School of Medicine.

Michael Light, MD, professor of clinical pediatrics, University of Miami Miller School of

Medicine.

Laugesen, M. Health New Zealand Ltd., "Safety Report on the Ruyan e-cigarette Cartridge and

Inhaled Aerosol," Oct. 30, 2008.

Laugesen, M. Health New Zealand Ltd. web site, "How Safe is an E-Cigarette: The Results of

Independent Chemical and Microbiological Analysis," accessed April 10, 2008.

Health Canada, "Notice to All Persons Interested in Importing, Advertising, or Selling Electronic

Smoking Products in Canada," March 27, 2009.

Health Canada, news release, March 27, 2009.

Pfizer Inc. web site., Nicotrol Inhaler package information, accessed April 9, 2009.

Yoffe, E. Slate, "Where There's E-Smoke ...," April 6, 2009.

Thomson, H. New Scientist, "Electronic Cigarettes: A Safe Substitute?" Feb. 11, 2009.

World Health Organization web site.

Ruyan web site.

InLife web site.

Ecigarettes USA web site.

Reviewed on April 13, 2009

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Corvallis Municipal Code definitions relating to e-cigarettes.

4) Electronic smoking device. Any electronic oral device, such as one composed of a heating

element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other

substances, and the use of inhalation of which simulates smoking. The term shall include any

such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-

pipe, e-hookah, or under any other product name of descriptor and any cartridge or other

component of the device or related product (Corvallis Municipal Code Section 5.03.080.160.01

(4)).

16) Tobacco product. Any product that contains tobacco or is derived from tobacco and is

intended to be introduced into the human body. "Tobacco Product" includes any electronic

smoking device. "Tobacco Product" does not mean any product that the United States Food and

Drug Administration has approved as a tobacco use cessation product (Corvallis Municipal Code

Section 5.03.080.160.01 (16)).

14) Smoking. Any inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette,

pipe, weed, plant, or other tobacco like product or substance in any manner or in any form.

Smoking also includes the use of an electronic smoking device which creates a vapor, in any

manner or in any form (Corvallis Municipal Code Section 5.03.080.160.01 (14)).

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Corvallis Municipal Code Section 5.03.080.160 - Tobacco products and smoking.

5.03.080.160.01 - Definitions. 1) Accessibility ramp. A ramp intended to provide access for people with disabilities to and from an

entrance or exit.

2) Bar. An area which is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages.

3) Business. Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including for-profit and non-profit entities, private clubs, and retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered.

4) Electronic smoking device. Any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use of inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or under any other product name of descriptor and any cartridge or other component of the device or related product.

5) Employee. Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity.

6) Employer. Any person or entity who employs the services of one or more individuals.

7) Enclosed area. Any covered space having more than 50 percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a covered porch with more than two walls; or any space open to the sky having more than 75 percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.

8) Place of employment. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways, and vehicles that are operated in the course of an employer's business that are not operated exclusively by one employee. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

9) Private club. An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain.

10) Public place. Any City-owned or managed park and recreational facilities, including parks, trails, open space, and special use areas, City-owned bicycle parking structures, and City-owned transit shelters, and any enclosed area to which the public is invited or in which the public is permitted including but not limited to banks, education facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

11) Restaurant. Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

12) Retail tobacco store. A retail store utilized primarily for the sale of tobacco products and accessories and in which sale of other products is merely incidental.

13) Service line. Any indoor line or any portion of an indoor line that extends out of doors, at which one or more persons are waiting for or receiving services of any kind, whether or not such services involves the exchange of money.

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14) Smoking. Any inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any form. Smoking also includes the use of an electronic smoking device which creates a vapor, in any manner or in any form.

15) Sports arena. Any sports pavilion, gymnasium, health spa, swimming pool, roller rink, bowling alley, and other places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

16) Tobacco product. Any product that contains tobacco or is derived from tobacco and is intended to be introduced into the human body. "Tobacco Product" includes any electronic smoking device. "Tobacco Product" does not mean any product that the United States Food and Drug Administration has approved as a tobacco use cessation product.

5.03.080.160.02 - Smoking prohibited in public places. 1) Smoking shall be prohibited in all public places within the City or located on City owned property,

including, but not limited to the following places:

a) Elevators;

b) Rest rooms, lobbies, reception areas, hallways, and any other common-use areas;

c) Buses, taxicabs, and any other means of public transportation under the authority of the City;

d) Service lines, or within 10 feet of a service line that extends out of doors;

e) Retail stores;

f) All areas available and customarily used by the general public located in all businesses patronized by the public, including non-profit and public businesses. Affected businesses include, but are not limited to, professional offices, banks, laundromats, hotels and motels;

g) Restaurants;

h) Any facility which is primarily used for exhibiting any motion picture, stage or drama production, lecture, music recital or other similar performances, except performers when smoking or carrying a lighted smoking instrument that does not contain tobacco is part of a stage or drama production;

i) Sports arena, including bowling facilities and convention halls;

j) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council commission, committee, including joint committees, or agencies of the City or any political subdivision of the City during such time as a public meeting is in progress, to the extent such a place is subject to the jurisdiction of the City;

k) Waiting rooms, hallways, wards, and semiprivate rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor's and dentist's office;

l) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; and

m) Polling places.

n) Retail tobacco stores.

2) Smoking shall be prohibited in all City-owned or managed parks and recreational facilities, including all parks, trails, open space, and special use areas. This does not include designated parking areas.

3) Smoking shall be prohibited on all of the City-owned grounds, patios, plazas, steps, ramps, and facilities for the Corvallis-Benton County Public Library. This prohibition includes the library parking garage and library parking lot. This prohibition includes any sidewalk, pedestrian way, driveway, planting area, public right-of-way, street, curb, or gutter within 50 feet of the exterior of the City-owned Corvallis Benton County Public Library building. This prohibition does not include any property that is within 50 feet of the exterior of the City-owned Corvallis Benton County Public Library building that is not owned by the City or part of a public right-of-way. This prohibition does not include smoking within

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a private automobile with the doors and windows closed, except within the library parking garage or library parking lot, or the associated driveways.

4) Smoking shall be prohibited in the interior of and within 10 feet of the exterior of any City-owned covered bicycle parking structure and transit shelter.

5) Smoking shall be prohibited on all City-owned grounds, steps, ramps, sidewalks, planting areas, transit shelters, curbs, driveways, vehicle parking areas, and bicycle parking facilities for the entire City Hall block. The parcels within this block are identified as Block 8 Lots 1-12, County Addition. This prohibition does not include smoking within a private automobile with doors and windows closed.

6) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a non-smoking establishment.

7) Any person who violates the provisions of this Code section shall be subject to the penalties as set forth in Section 5.03.080.160.10 of Chapter 5.03 of the Corvallis Municipal Code.

(Ord. No. 2013-17, § 1, 12/16/2013; Ord. 2013-09 § 1, 06/03/2013; Ord. 2011-09 § 1,

05/16/2011; Ord. 2009-04 § 1, 03/02/2009; Ord. 2006-01 § 2, 01/03/2006)

5.03.080.160.03 - Smoking prohibited in places of employment. It shall be the responsibility of employers to provide a smoke-free work place for all employees, but

employers are not required to incur any expense to make structural or other physical modifications.

5.03.080.160.04 - Smoking prohibited outside entrances. Smoking shall not occur within a reasonable distance, not to be less than ten (10) feet, of any entrance,

exit, window that opens, ventilation system of any enclosed area where smoking is prohibited or of any accessibility ramp or service line that extends out of doors.

5.03.080.160.05 - Places where smoking is not regulated. 1) Notwithstanding any other provision of this section to the contrary, the following areas shall not be

subject to any smoking restrictions contained within this section:

a) Private residences, unless the private residence is used as a child care, adult day care, or health care facility;

b) Up to 25 percent of rented motel/hotel rooms may be designated in some manner as smoking allowed rooms by the owners of the establishment renting the rooms as allowed by ORS 433.850(2)(a);

c) Private rooms rented for an occupancy that exceeds one month and that are not located in a private residence used as a child care, adult day care or health care facility.

5.03.080.160.06 - Posting "no smoking" signs. 1) "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation

of a burning cigarette enclosed in a red circle with a red bar across the cigarette) shall be clearly, sufficiently, and conspicuously posted in every building or other area where smoking is prohibited by this article, by the owner, manager, or other person having control of such building or other area, including private residences used as a child care, adult day care or health care facility.

2) Every public place where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign stating that smoking is prohibited.

5.03.080.160.065 - Ashtrays. Ashtrays are prohibited inside a public place, a place of employment, and within 10 feet of entrances,

exits, windows that open, ventilation systems, or accessibility ramps.

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5.03.080.160.07 - Non-retaliation. It shall be a violation of this section for any person or employer to discharge, refuse to hire, or in any

manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this ordinance.

5.03.080.160.08 - Smoking in or near entrances to publicly owned buildings. 1) No person shall smoke anywhere within any publicly owned building.

2) No person shall smoke within 10 feet of any entrance to a publicly owned building.

3) A violation of this section is a Class B infraction.

5.03.080.160.09 - Tobacco sales to minors prohibited. 1) No person, other than a minor's custodial parent or guardian, shall sell or otherwise provide tobacco

products to a minor under the age of eighteen (18) years old.

2) A violation of this section is a Class A infraction.

5.03.080.160.10 - Other violations and penalties. 1) It shall be a violation of this section for any person who owns, manages, operates or otherwise controls

the use of any premises, subject to regulation under this section, fails to comply with any provisions herein.

2) It shall be a violation of this section for any person to smoke in any area where smoking is prohibited by the provisions of this section.

3) Any person who violates this section shall be guilty of an infraction, punishable by a fine:

a) Not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00) for a first violation within any 12 (twelve) months of any previous violation;

b) Not less than one hundred dollar ($100.00), nor more than two hundred dollars ($200.00) for a second violation within 12 (twelve) months of a violation under subsection (a);

c) Not less than two hundred and fifty dollar ($250.00), nor more than five hundred dollars ($500.00) for each additional violation of this section within 12 (twelve) months of a violation under subsection (b).

4) Any person who owns, manages, and operates or otherwise controls the use of any premises, subject to regulation under this section, and violates this section shall be guilty of an infraction, punishable by a fine:

a) Up to $500 per day for each violation, not to exceed $4,000 in a 30-day period.

5) Notwithstanding any other provision of this section, an employer or private citizen may file a citizen complaint to enforce this section under Chapter 5.03.010.080

5.03.080.160.11 - Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person

or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

5.03.080.160.12 - Other laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by

other applicable laws.

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