Confused: SF ban on FTP

[BrotherBob]

re: SF flavored nicotine product ban passes
I'm still trying to figure out what "flavored tobacco product" means.
From Google:
[“Flavored tobacco Product and Flavored Nicotine Delivery Product” means any]tobacco product or nicotine delivery product including e-cigarettes definedherein, or component part thereof that contains a constituent that has or produces a characterizing flavor [excluding tobacco, menthol, mint or wintergreen].
Tips & Tools Regulating Flavored Tobacco Products - Public Health ...
www.publichealthlawcenter.org/.../default/.../tclc-guide-regflavoredtobaccoprods-2014....
re: what is the definition of flavored tobacco products? - Google Search
Does the sentence above mean:
FTP = FNDP ?
From the ballot FTP is sorta defined:
"Flavored tobacco product (Proposition E): A tobacco product that is flavored by adding tastes or smells. Tobacco products include cigarettes, electronic cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, shisha and snuff. Tastes or smells include fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb and spice."
re: Words You Need to Know | San Francisco Voter Guide

I do not read the above this way.
No wonder things get so screwed up. I'm still trying to figure out what FTP means and what is banned.
My guess -- FTP means any e liquid with nicotine, no matter what flavor is mixed with it, equals a FTP.
Can anyone confirm/correct or enlighten to what FTP covers?

Perhaps some advocacy group could challenge this law? The law is not clear to me, from a voters standpoint.

 

[Rossum]

From: Prohibiting Tobacco Retailers from Selling Flavored Tobacco Products | San Francisco Voter Guide
(click on the Legal Text bar near the bottom of the page)

For purposes of this Article 19Q, the following definitions shall apply:

“Characterizing Flavor” means a Distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing Flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a Distinguishable taste or aroma or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.

“Cigarette” has the meaning set forth in 21 U.S.C. § 387(3), as may be amended from time to time.

“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.

“Director” has the meaning set forth in Health Code Section 19H.2.

“Distinguishable” means perceivable by either the sense of smell or taste.

“Establishment” has the meaning set forth in Health Code Section 19H.2.

“Flavored Cigarette” means a Cigarette that contains a Constituent that imparts a Characterizing Flavor.

“Flavored Tobacco Product” means any Tobacco Product, other than a Cigarette, that contains a Constituent that imparts a Characterizing Flavor.

“Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its Packaging.

“Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for sale to a consumer.

“Tobacco Product” has the meaning set forth in Health Code Section 19H.2.

 

[Beamslider]

This is the board of supervisor law. This was approved by the ballot issue. The ballot issue was to keep this or throw it out. Seems to be if the packaging says it is flavored more than anything else. Since it is under the health ordinances, it will be the Health Department to puts out the rules of what is flavored tobacco or not.

Of course it will be challenged in court. Who knows when it will be enforced. By the way they are protecting something that is practically nonexistent in San Francisco, Children.

https://sfgov.legistar.com/View.ashx?M=F&ID=5274235&GUID=86C18253-BA63-4C0F-A6A0-E881211D2CB7

Amendments to Current Law
The proposed ordinance amends the Health Code to prohibit local tobacco retailers from selling flavored tobacco products. The tobacco products that would be subject to the prohibition on sale would include, but not be limited to, flavored cigarettes, including menthol cigarettes, flavored cigars, flavored smokeless tobacco, flavored shisha, and flavored nicotine solutions that are used in electronic cigarettes. The ordinance defines a flavored tobacco product as a tobacco product that contains a constituent that imparts a characterizing flavor. The ordinance would create a presumption that a tobacco product is flavored if the tobacco manufacturer makes a statement or claim that the product has a characterizing flavor. For example, if the packaging in which a tobacco product is sold is printed with the word “grape” or with an image of grapes, the tobacco product would be presumed to be flavored, and subject to the restriction on sale. Violation of the ordinance would be punishable by a suspension of the retailer’s tobacco license.

 

[Beamslider]

Here is the full text of the ordinance
https://sfbos.org/sites/default/files/o0140-17.pdf

 

[Beamslider]

And here is the full text of the ordinance making e-cigs the same as tobacco and requiring a tobacco license to sell e-cig equipment
https://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/ordinances14/o0030-14.pdf

 

[Myk]

Seems to be if the packaging says it is flavored more than anything else.

I've been wondering if that's why FA has the non-descriptive flavor names on some. Sort of like cigarettes changed from lights and full flavor to colors.

 

[Celt1]

Leave it to SF to boldly go where no one with any sense would want to!