97-28 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
April 28~ 1997
RESOLUTION NO: 97-28
MOTION BY:
Berquist SECONDED BY: Engel
A RESOLUTION AUTHORIZING AN APPLICATION FOR WAIVER OF FDA
PREEMPTION OF TOBACCO ORDINANCE PROVISIONS
WHEREAS, The Food and Drug Administration has promulgated new restrictive
regulations on retail sales of tobacco, which regulations have the goal of reducing youth access
to tobacco by restricting a number of practices perceived to influence a minor' s decision to
smoke; and
WHEREAS, the federal statute authorizing the FDA to promulgate regulations also
inadvertently created issues regarding preemption of some forms of local regulations; and
WHEREAS, a review of the Chanhassen Tobacco Ordinance, Code Section 10-3, reveals
requirements that may conflict with the FDA regulations; and
WHEREAS, to resolve possible preemption issues, a preemption waiver process has
been developed, through which the City can obtain permission from the FDA to enforce its own
ordinance provisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen that the City Manager is authorized to submit an application to the Food and Drug
Administration to obtain a waiver of preemption of the City' s tobacco ordinance provisions.
Passed and adopted by the Chanhassen City Council this 28th day of April, 1997.
ATTEST:
Don Ashworth, City Clerk/Manager
Nancy K. Mancino, Mayor
YES
Mancino
Mason
Senn
Engel
Berquist
NO ABSENT
None None