INDIAN RIVER COUNTY – The Board of County Commissioners Tuesday approved an ordinance that bans the sale of electronic nicotine delivery devices – known as e-cigarettes – to minors.
“These devices closely resemble and mimic smoking with users inhaling vaporized liquid nicotine,” according to County Attorney Dylan Reingold. “Nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption. The nicotine content in electronic nicotine delivery devices is unknown. Currently the United States Food and Drug Administration does not regulate electronic nicotine delivery devices.”
The ordinance, drafted by Reingold at commissioners’ request, expands the definition of tobacco products to include e-cigarettes, placing the devices under existing restrictions that prohibit the sale of tobacco to children.
Under these rules, possession or use of an electronic nicotine delivery device by a minor would be a traffic ticket-like violation, but sale of the products to underage buyers would be a criminal offense for retailers.
Commissioners said one benefit of the new regulation would be to get e-cigarettes off of convenience store store counters where they can be shoplifted by children.
Going forward, the devices will have to be stored out of reach, the way regular cigarettes are now.
There was additional discussion about whether existing law prohibits the use of e-cigarettes in public places such as malls, movie theaters and restaurants.
A representative of Tobacco Free Florida said he does not believe use of the devices is prohibited in public places because of gaps in existing law.
He said he had recently asked an e-cigarette user who was “vapping” near him in restaurant to take the device outside.
“He told me he didn’t want to go out with the smokers because it was dangerous and that he was not smoking so he could stay inside,” the Tobacco Free Florida representative said. “I don’t think these things are covered by the Florida Indoor Clean Air Act — but they should be.”
The representative also raised the possibility that e-cigarette users might load their devices with other chemicals beside the nicotine solution they come with, such as hash oil or spice, a type of artificial marijuana.
Commissioner Bob Solari said the county should not regulate use of e-cigarettes in public places in the near term, and should instead rely on business owners to tell patrons not to use the devices.
Commissioners supported the new ordinance unanimously, after amending to include a broadly comprehensive Florida State Senate definition of electronic nicotine delivery devices.
“I think we have done a great thing today,” said Commission chairman Joe Flescher.