Youth Vaping 'Epidemic' Is Target Of Proposed Howell Measures

HOWELL, NJ — Under proposed rules, the Township Council would expand its regulation of the sale and public use of electronic smoking devices - and require licenses to sell them.

Amendments to an existing ordinance were approved unanimously on first reading Tuesday night by the council. A public hearing and final adoption is planned for April 4.

The purpose of the amendment is to "protect the public’s health and general welfare by licensing and regulating establishments that sell electronic smoking devices," the ordinance reads.

The Howell Alliance, working with the township and the Police Department, helped develop the proposed guidelines.

Alliance Coordinator Christa Riddle explained the motivation for the changes.

The township, she said, wants to "address the youth vaping epidemic and underage sales of all nicotine and tobacco products, including electronic smoking devices, or vapes."

For example, electronic smoking device retailers of any sort (head shops, vape shops, smoke shops, gas stations, individually owned and chain convenience stores, and any others) will have to obtain a license through the township, which will have to be renewed annually, she said. Licenses must be obtained within 60 days of the adoption of the amended ordinance, the ordinance states.

Regulations on sales pertain to underage sales of electronic cigarette, tobacco, and nicotine products to minors, including plant and synthetic products.

Riddle noted that Howell does not permit retail cannabis dispensaries, so marijuana sales are not addressed in the ordinance.

Riddle said the proposal is the result of a "two-year project spearheaded by the Howell Alliance, in close cooperation with county, police, community development, township attorney, and township management professionals."

Among the areas it addresses are:

• Smoking on public property and in public places, no matter what is being smoked and how it is being smoked (no need to check on substance; covers marijuana/cannabis, tobacco, nicotine, synthetic nicotine, and other plant materials smoked or vaped).
• E-cigarette retailers will now have to apply for a license and renew it annually.

Police will enforce regulations on smoking on public property and in public places; violators will be fined:

• In a first offense, the municipal judge can waive a fee with proof of completion of an eight-week course, “RWJ Barnabas Health Institute for Prevention and Recovery’s Nicotine and Tobacco Recovery Program.”
• Parents will be responsible for minors’ fines.
• Proposed fines are $250 for the first offense; $500, second offense; $1,000 for third and subsequent offenses.

Police and code enforcement officers will enforce violations by any store selling e-cigarettes
and e-cigarette products, including:

• Selling, distributing or giving any e-cigarette product to anyone under 21.
• Giving samples of e-cigarette products to anyone; accepting any type of e-cigarette coupons.
• Operating a business that sells any type of e-cigarette products without securing and keeping in good standing a township license to do so.
• Inspections of retail establishments can be made as deemed necessary, Riddle said. This would check for proper signage and underage and flavor sales, she said.
• Selling all flavored e-cigarette products except for disposable units (all ages).
• Proposed fines are $1,000, first offense; $1,500, second offense; $2,000, third/subsequent offenses. Any establishment with two violations per year or five total violations is subject to permanent license revocation, Riddle said.

She noted that, in New Jersey, regardless of the age of the purchaser, all e-cigarette flavors are illegal to sell. This does not apply to traditional combustible cigarettes (menthol are still allowed, but that may change, she noted.)

In New Jersey, as of Nov. 1, 2017, 21 is the legal age for purchasing tobacco/nicotine products (including oral, tobacco, nicotine, and synthetic nicotine); purchasing and possessing alcohol; and purchasing and possessing marijuana/cannabis.

There is no nicotine potency cap, Riddle said. E-cigarettes use stronger nicotine salts and concentrates and are used for nicotine and THC consumption, she added.