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CHAPTER 4.99 - SALES OF FLAVORED TOBACCO PRODUCTS AND PHARMACY SALES OF
<br />TOBACCO PRODUCTS PROHIBITED
<br />4.99.0 10 - Application of chapter.
<br />The provisions of this chapter shall apply within the unincorporated area of San Mateo County,
<br />except that this chapter shall not apply to the duty-free retail stores at San Francisco International Airport.
<br />(Ord. No. 04799, § 2, 6-19-2018)
<br />4.99.020 - Definitions.
<br />For the purposes of this chapter, the following definitions shall govern unless the context clearly
<br />requires otherwise.
<br />(a) "Characterizing flavor" means a distinguishable taste or aroma or both, other than the taste or
<br />aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product.
<br />Characterizing Flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate,
<br />vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice
<br />A tobacco product shall not be determined to have a characterizing Flavor solely because of the use
<br />of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a
<br />distinguishable taste or aroma, or both, as described in the first sentence of this definition, that
<br />constitutes a characterizing Flavor.
<br />(b) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water,
<br />or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the
<br />processing, manufacture, or packing of the tobacco product.
<br />(c) "Distinguishable" means perceivable by either the sense of smell or taste.
<br />(d) "Flavored tobacco product" means any tobacco product that contains a constituent that imparts a
<br />characterizing Flavor.
<br />(e) "Labeling" means written, printed, pictorial, or graphic matter upon any tobacco product or any of its
<br />packaging.
<br />(0 "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any
<br />wrapping (including cellophane) in which a tobacco product is sold, or offered for sale, to a
<br />consumer.
<br />(g) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a
<br />pharmacist licensed by the State of California in accordance with the Business and Professions
<br />Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail
<br />establishment sells other retail goods in addition to prescription pharmaceuticals.
<br />(h) "Tobacco product" is defined as set forth in subsection (h) of Section 4.96.030 of Chapter 4.96 of
<br />this Ordinance Code.
<br />(i) 'Tobacco retailer" means any store, stand, booth, concession or any other enterprise that engages in
<br />the retail sale of tobacco products, including but not limited to stores that engage in the retail sale of
<br />food items.
<br />(Ord. No. 04799, § 2, 6-19-2018)
<br />4.99.030 - Sale or offer for sale of flavored tobacco products prohibited.
<br />(a) The sale or offer for sale, by any person or tobacco retailer of any Flavored tobacco product is
<br />prohibited and no person or tobacco retailer shall sell, or offer for sale, any Flavored tobacco product.
<br />(b) There shall be a rebuttable presumption that a tobacco product is a Flavored tobacco product if a
<br />manufacturer or any of the manufacturer's agents or employees, in the course of their agency or
<br />employment, has made a statement or claim directed to consumers or to the public that the tobacco
<br />product has or produces a characterizing flavor including, but not limited to, text, color, and/or images
<br />on the product's labeling or packaging that are used to explicitly or implicitly communicate that the
<br />tobacco product has a characterizing flavor.
<br />(Ord. No. 04799, § 2; 6-19-2018)
<br />4.99.040 - Sale or otTer For sale of tobacco products by a pharmacy prohibited,
<br />(a) No pharmacy or pharmacy employee or agent shall sell or offer for sale any tobacco product.
<br />(b) No new tobacco retailer permit may be issued to a pharmacy under Chapter 4.98 of this Ordinance
<br />Code.
<br />(c) No existing tobacco retailer permit issued under Chapter 4.98 of this Ordinance Code may be
<br />renewed by a pharmacy.
<br />(Ord. No. 04799, § 2, 6-19-2018)
<br />4.99.050 - Enforcement.
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