§ 3

Citation: § 3 (15)
Parent Document: Worcester Rev. Ords. ch. 8
Jurisdiction: Worcester (municipal)
Original Source: https://www.worcesterma.gov/city-clerk/document-center/revised-ordinances-200... ↗

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(15) The U.S. Centers for Disease Control and Prevention has reported that
       current electronic cigarette use among middle and high school students tripled
       from 2013 to 2014;
       (16) Nicotine solutions, which are consumed via electronic or battery-operated
       delivery smoking devices such as electronic cigarettes, are sold in dozens of
       flavors that appeal to youth, such as cotton candy and bubble gum;
       (17) The Massachusetts Department of Environmental Protection has classified
       liquid nicotine in any amount as an “acutely hazardous waste” (310 CMR
       30.136);
       (18) In a lab analysis conducted by the FDA, electronic cigarette cartridges that
       were labeled as containing no nicotine actually had low levels of nicotine present
       in all cartridges tested, except for one;
       (19) According to the CDC’s youth risk behavior surveillance system, the
       percentage of high school students in Massachusetts who reported the use of
       cigars within the past 30 days was 10.8% in 2013;
       (20) In Massachusetts, youth use of cigars and smokeless tobacco (12.3%) is
       higher than the rate of current cigarette use (10.7%) for 2013 and has remained
       elevated since 2009;
       (21) The Massachusetts Supreme Judicial Court has held that “ . . . [t]he right to
       engage in business must yield to the paramount right of government to protect
       the public health by any rational means.”;
   Now, Therefore, the city council of the city of Worcester, in recognition of the death
     and devastating effects of tobacco products on the residents of the city of
     Worcester, is compelled to exercise the authority granted it under its city charter
     to protect and promote the public health and the authority granted it by the
     Federal Family Smoking Prevention and Tobacco Control Act of 2009, P.L. 111-
     31, to regulate the sale of tobacco products.
(b) Definitions. For purposes of this section the following words and phrases shall have
   the following meanings:

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