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9.A. - Page 9 of 31 <br />SECTION 2. A new Chapter 4.99 is hereby added to Tile 4 of the San Mateo <br />County Ordinance Code to be numbered and entitled and to read in its entirety as <br />follows: <br />CHAPTER 4.99 SALES OF FLAVORED TOBACCO PRODUCTS PROHIBITED <br />4.99.010 -Application of Chapter. <br />The provisions of this chapter shall apply within the unincorporated area of San <br />Mateo County. <br />4.99.020 -Definitions. <br />For the purposes of this chapter, the following definitions shall govern unless the <br />context clearly requires otherwise: <br />(a) "Characterizing Flavor" means a distinguishable taste or aroma or both, other <br />than the taste or aroma of tobacco, imparted by a Tobacco Product or any <br />byproduct produced by the Tobacco Product. Characterizing Flavors include, but <br />are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, <br />candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or <br />spice. A Tobacco Product shall not be determined to have a Characterizing <br />Flavor solely because of the use of additives or flavorings or the provision of <br />ingredient information. Rather, it is the presence of a distinguishable taste or <br />aroma or both, as described in the first sentence of this definition that constitutes <br />a Characterizing Flavor. <br />(b) "Constituent" means any ingredient, substance, chemical, or compound, other <br />than tobacco, water, or reconstituted tobacco sheet that is added by the <br />manufacturer to a Tobacco Product during the processing, manufacture, or <br />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 <br />constituent that impacts a Characterizing Flavor. <br />(e) "Labeling" means written, printed, pictorial, or graphic matter upon any Tobacco <br />Product or any of its Packaging. <br />(f) "Packaging" means a pack, box, carton, or container of any kind or, if no other <br />container, any wrapping (including cellophane) in which a Tobacco Product is <br />sold or offered for sale to a consumer. <br />3 <br />:. <br />