Corte Madera Municipal Code Ch. 5.07 Minimum Packaging and Pricing on Tobacco Products and Prohibition of The…

The provisions of this chapter apply within the incorporated areas of the Town of Corte Madera.

(Ord. No. 1059, § 1, 4-7-2026)

The Town Council of the Town of Corte Madera finds and declares as follows:

(a) Commercial tobacco-related mortality accounts for approximately forty thousand deaths in California annually, with an estimated two hundred thirty deaths in Marin County annually, making commercial tobacco use a leading cause of preventable deaths.

(b) Evidence-based research demonstrates that a price increase in tobacco products will decrease commercial tobacco consumption and thus will:

(1) Assist behavior modifications by deterring consumers from commercial tobacco use, promoting a positive change in social norms.

(2) Protect vulnerable residents and priority populations of Marin County from the health and economic burden of commercial tobacco.

(3) Protect the youth and young adults of Marin from becoming lifelong consumers of tobacco products by deterring early-age initiation of commercial tobacco use.

(c) Price reduction strategies, such as discounts and coupons, are used by the tobacco industry to counter state and local commercial tobacco control efforts and appeal to price sensitive consumers.

(d) Between 2017 to 2022, neighboring Bay Area cities and counties have enacted minimum floor price laws that set minimum prices on twenty-pack cigarettes ranging from seven dollars to ten dollars and minimum prices on packages of cigars and little cigars ranging from seven dollars to ten dollars.

(e) Based on a survey conducted by County of Marin Public Health, as of February 2024, approximately eighty percent of tobacco retailers in the unincorporated areas of Marin County sell twenty-pack cigarettes for as little as between nine dollars and ten dollars, making a minimum price of twelve dollars per twenty-pack cigarette necessary to achieve the goal of reducing overall commercial tobacco use in Marin County.

(f) Because cigars and little cigars can be sold individually at low prices, requiring minimum package sizes for cigars, and little cigars; and setting a minimum price of twelve dollars per package is necessary to achieve the goal of reducing overall commercial tobacco use in Marin County.

(g) Price increases in tobacco products have yielded the most success in reducing smoking prevalence in the short-run and preventing initiation in the long-run. Comprehensive smoking policies and programs coupled with cessation support and prevention implementation, including health care provider interventions and community health education and health warnings result in equity-focused and sustainable outcomes, with twelve percent smoking reduction in the short-run and eighteen percent prevented smoking initiation in the long-run.

(h) Historically, Minimum Floor Price Laws (MFPLs) have shown consistent outcomes in narrowing the gap in socioeconomic disparities by increasing cessation, reducing cigarette smoking prevalence and preventing initiation, showing the greatest positive impact among people of color ages twelve to twenty-four years old, those living below the federal poverty level, and several priority subpopulations.

(i) Youth nicotine use poses serious health risks, particularly through vaping, which can harm brain development, lung function, and increase respiratory issues like asthma. In California, vapes are the most commonly used nicotine product among teens aged twelve to seventeen, with nine and seven tenths percent reporting current use—higher than cigars/cigarillos (three and four tenths percent) and cigarettes (two and eight tenths percent). In Marin County, this issue is especially concerning, as eleventh-grade vaping rates have consistently surpassed state averages over the past five years.

(j) Heated tobacco products, often marketed as "heat-not-burn," also pose significant health risks. Research shows they contain many of the same harmful chemicals as traditional cigarettes, as well as additional toxic substances not found in regular tobacco smoke. The use of any tobacco product—including these newer forms—is harmful, particularly for youth, young adults, pregnant individuals, and non-users.

(Ord. No. 1059, § 1, 4-7-2026)

For the purposes of this chapter, the following definitions shall govern:

(a) "Child-resistant packaging" means packaging that meets the definition set forth in the Code of Federal Regulations, Title 16, Section 1700.15(b), as in effect on January 1, 2015, and that was tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on January 1, 2015, as this definition may be amended from time to time.

(b) "Cigar" means any roll of tobacco, other than a conventional cigarette, wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four and one-half pounds per thousand units.

(c) "Conventional cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described herein. For the purposes of this chapter, 5.07.040, "Conventional cigarette" does not include the cigarettes, capsules, or pods that are used with or inserted into heated smoking systems.

(d) "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

(e) "Displayed price" means the price displayed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale. The displayed price does not include taxes or fees.

(f) "Electronic smoking device" means an electronic device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, or an electrically heated smoking system. "Electronic smoking device" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. "Electronic smoking device" does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," "devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic Act.

(g) "Full retail price" means the displayed price plus all applicable taxes and fees.

(h) "Heated smoking system" means any product or device that is designed to heat commercially grown tobacco to a temperature lower than the combustion of a conventional cigarette, producing an aerosol containing nicotine and other chemical compounds, which the consumer inhales. "Heated smoking system" also means any component, part, or accessory of the product or device, including but not limited to the sticks, rods, capsules, or pods that contain commercially grown tobacco that are inserted into or intended to be used with heated smoking system product or device. "Heated smoking system" includes all electrical devices, products, accessories, components, and parts that are typically marketed as "heat-not-burn," "heated tobacco products," or "tobacco heating system" tobacco products.

(i) "Little cigar" means any roll of tobacco other than a conventional cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four and one-half pounds per thousand units. "Little cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

(j) "Nicotine" means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. Nicotine also includes nicotine analogs.

(k) "Nicotine analog" means a substance with a chemical structure that is substantially similar to the chemical structure of nicotine, and:

(1) Has an addictive effect that is substantially similar to the addictive effect as nicotine; or

(2) Is represented or intended to have an effect on the central nervous system that is substantially similar to that of nicotine.

Any communication by, or on behalf of, the manufacturer, distributor, or retailer of a tobacco product that indicates that the product contains a nicotine analog, as defined, constitutes presumptive evidence that the product contains a nicotine analog.

(l) "Person" means any human being, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

(m) "Sale" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

(n) "Smokeless tobacco" means any product that consists of loose commercially grown tobacco that is in cut, ground, powdered, or leaf form and intended to be placed in the oral or nasal cavity.

(o) "Tobacco product" means:

(1) Any product containing, made, or derived from commercially grown tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and heated smoking systems, pouches, and snuff.

(2) Any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or an electrically heated smoking system.

(3) Notwithstanding any provisions of subsections (1) or (2) to the contrary, "tobacco product" includes any component part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not Sold separately. "Tobacco product" does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," "devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic Act.

(p) "Tobacco or nicotine pouches" means any oral nicotine product that is Sold in ready-to-use pouches containing any form of tobacco leaf or nicotine. "Tobacco or nicotine pouches" include but are not limited to products sold as "snus" pouches or nicotine pouches.

(q) "Tobacco retailer" means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.

(Ord. No. 1059, § 1, 4-7-2026)

(a) Packaging and labeling. No tobacco retailer shall sell any tobacco product unless the tobacco product:

(1) Is sold in the manufacturer's packaging intended for sale to consumers;

(2) Conforms to all applicable federal labeling requirements; and

(3) Conforms to all applicable child-resistant packaging requirements.

(b) Display of price. The price of each tobacco product offered for Sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

(c) Distribution of tobacco product samples or promotional items. It is unlawful for any person to distribute free or nominally priced tobacco products.

(d) Prohibition of coupons and discounts. No tobacco retailer shall:

(1) Sell any tobacco product for less than the displayed price, not including taxes or fees;

(2) Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

(3) Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or

(4) Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

(e) Minimum package size for tobacco products. No tobacco retailer shall sell:

(1) Any conventional cigarette unless sold in a package size of at least twenty conventional cigarettes;

(2) Any little cigar unless it is sold in a package of at least five little cigars;

(3) Any cigar unless it is sold in a package size of at least two cigars; provided, however, this subsection shall not apply to an individual cigar that has a price of at least twelve dollars per cigar;

(f) Minimum prices for tobacco products. No tobacco retailer shall sell:

(1) Conventional cigarettes at a displayed price that is less than twelve dollars per package of twenty conventional cigarettes, plus two dollars for each additional conventional cigarette;

(2) Little cigars at a displayed price that is less than twelve dollars per package of five little cigars, plus three dollars for each additional little cigar;

(3) Cigars at a displayed price that is less than six dollars per cigar enclosed in a package of two; single cigars at less than twelve dollars per cigar.

(4) Smokeless tobacco at a displayed price of less than twelve dollars per package.

Every two years after the effective date of this ordinance, the minimum prices for tobacco products in this section (5.07.040) shall increase by one dollar, unless ordained or resolved otherwise by the Corte Madera Town Council.

(Ord. No. 1059, § 1, 4-7-2026)

It is unlawful for any tobacco retailer to sell any electronic smoking device, heated smoking system, or tobacco or nicotine pouch(es).

(Ord. No. 1059, § 1, 4-7-2026)

(a) The Director of the County of Marin Department of Health and Human Services, or their designee, may enforce this chapter by any remedy allowed under the Corte Madera Municipal Code, including but not limited to suspension or revocation of a tobacco retailer's license pursuant to Corte Madera Municipal Code Sections 5.06.110, 5.06.120, and 5.06.130 and/or the imposition of administrative fines pursuant to Corte Madera Municipal Code Section 5.06.140. In addition to the grounds for revocation contained in Corte Madera Municipal Code Section 5.06.120, failure to comply with Sections 5.07.040 and 5.07.050 shall be independent grounds for revocation.

(b) This section shall not be interpreted to limit the applicable civil or administrative remedies available under law.

(c) Purchase, use, or possession exception. Nothing in this chapter will be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

(Ord. No. 1059, § 1, 4-7-2026)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by state or federal law.

(Ord. No. 1059, § 1, 4-7-2026)

If any provision, section, subsection, sentence, clause, phrase, or word of this Chapter 5.07, or any application thereof to any Person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the chapter. The Town Council declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional.

(Ord. No. 1059, § 1, 4-7-2026)

The provisions of this Chapter 5.07 shall become operative and enforceable on September 1, 2026.

(Ord. No. 1059, § 1, 4-7-2026)