San Marcos,TX New Smoking Restrictions Could Affect Ecigs

[hanzo.esq]

I am concerned that San Marcos, TX is considering changes to it's smoking ban. Currently the city has fairly relaxed smoking regulations. On Aug 20, 2013, the city council began the process to include additional smoking prohibited locations.

The problem comes from the city's definition of smoking which arguably could cover ecigs:

Sec. 36-1a) Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form.

I think the "or heated" language is uncommon in TX muni-codes.

I'm just concerned, and I'd like to talk to someone who has some experience with legislative changes. I contacted CASAA a week ago, but I haven't heard from them (I'm sure FDA is keeping them busy). Anyone know a person I could chat with?

Hanzo.

 

[hanzo.esq]

It appears that public comment to address "provisions to prohibit smoking in the enclosed areas of all public places and workplaces is set for September 3, 2013.

I'm sorry I waited so long before saying something.

Any help would be appreciated.

Hanzo.

 

[Placebo Effect]

Ordinances that ban products that "heat" tobacco do NOT ban e-cigarettes.

You may want to attend the Council hearing on September 3rd just to monitor the ordinance, but as written, it would not ban e-cig use.

I don't think there is a single Texas city that bans e-cigarette use.

 

[pamdis]

To me it would include e-cigarettes. It is heating a plant product - nicotine.

 

[wheezal]

yeah the "or plant product" seems to be the caveat to cover nicotine from any natural source.

 

[retired1]

Considering Placebo Effect is heavily involved with CASAA, I'll take his explanation over the arm chair legal experts.

 

[Luisa]

Ordinances that ban products that "heat" tobacco do NOT ban e-cigarettes.

You may want to attend the Council hearing on September 3rd just to monitor the ordinance, but as written, it would not ban e-cig use.

I don't think there is a single Texas city that bans e-cigarette use.

Yes,there is. Jacksonville,Texas. Jacksonville is near Tyler. This ban Has been in effect for almost 2 years.

 

[Luisa]

Yes,there is. Jacksonville,Texas. Jacksonville is near Tyler. This ban Has been in effect for almost 2 years.

I am not sure how Brownsville is handling their new and stronger bans. I can find out.

 

[kristin]

A "plant product" would likely mean something containing leaves other than tobacco, such as herbs, cloves and especially, illegal plants (you get my drift), not nicotine. If they do mean nicotine, as a tobacco plant DERIVATIVE, then this law wouldn't cover 0 nicotine e-cigarettes, so how could anyone tell if you were using nicotine or not? If they intended to include e-cigarettes, they likely would have specified them per the example ordinances being sent out by the ANTZ.

Nicotine isn't currently defined as a "tobacco product," but I believe once the FDA deems e-cigarette liquids to be "tobacco products," the City could feasibly say that falls under the definition of a "heated tobacco or plant product."

CASAA will look into more.

 

[Bill Godshall]

The reason why some smoking bans also ban "heated" tobacco products was to ban the use of heat-not-burn tobacco products including Eclipse and Premier (that are no longer marketed to my knowledge), and/or to ban the use of "hookah" pipes (that heat shisha/tobacco instead of burning it).