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ctfikethfo ughs to be removed Underlines to be added City of Elk -�-� River Ordinance IS - An Ordinance Amending Chapter 26, Regulating the Use of Electronic Delivery Devices Where Smoking is Prohibited by the Minnesota Clean Indoor Air Act of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 26-31, Definitions of the City of Elk River Code of Ordinances shall be amended to add the following: Use. The inhaling or exhaling of aerosol or vapor from any electronic delivery device. Use shall also mean being in possession of an electronic delivery device that is turned on or otherwise activated. SECTION 2.That§ 26-32, Purpose of article of the City of Elk River Code of Ordinances shall be amended to add the following: Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain,possess, and use tobacco, tobacco products, tobacco-related devices,nicotine, and electronic delivery devices, and that such sales,possession, and use are violations of both state and federal laws, and because studies,which are hereby accepted and adopted,have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking, and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, this article shall be intended to regulate the sale,possession, and use of tobacco, tobacco products, tobacco-related devices, nicotine, or electronic delivery devices for the purpose of enforcing existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco- related devices, nicotine, or electronic delivery devices and to prevent young people from starting to smoke as stated in Minn. Stats. § 144.391. Unregulated electronic delivery devices, commonly referred to as electronic cigarettes, or e- cigarettes, closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine or other substances created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals,including tobacco-specific nitrosamines and dieth,l�glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that quality control processes used to manufacture these products are inconsistent or non-existent. ("Summary of results: Laboratory analysis of electronic cigarettes conducted by FDA, "Food and Drug Administration (FDA), July 22, 2009; http://www.fda.gov/NewsEvents/PubEcHealthFocus/ucml73146.htm) ATURE Last Updated il7asch 2014 INJ