County of Santa Clara

Starting later this summer, the use and sale of electronic smoking devices—or e-cigarettes—will be regulated the same as tobacco in unincorporated Santa Clara County.

On June 10, the county’s Board of Supervisors approved an ordinance that adds the increasingly popular devices to the county’s tobacco control ordinances, according to the county press release.

The changes include restricting e-cigarette sales near schools, banning smoking in common areas of multi-unit residents, and protecting the social norm advances related to tobacco use by restricting e-cigarette use in public places outside any city limits in Santa Clara County, according to a county press release.

The new e-cigarette use restrictions will go into effect July 24.

E-cigarette retailers will be required to obtain a local permit and follow the same rules as tobacco retailers, according to the press release. Currently, there are 24 tobacco retailers in unincorporated areas of Santa Clara County, of which nine sell e-cigarettes.

“Santa Clara County has been a leader in protecting and promoting the public health and welfare of our communities, implementing some of the strongest second hand smoke ordinances in the nation,” Supervisor Ken Yeager said. “Electronic smoking devices emit toxic chemicals, lead to an increase in nicotine use, and entice youth to smoke at an early age. E-cigarettes threaten the County’s goal of promoting a healthy community.”

Yeager brought the County’s tobacco ordinances to the Board of Supervisors, and is Chair of the Board’s Health and Hospital Committee.

In March, the Board voted to add e-cigarettes to the County’s no-smoking policies for County facilities, leased properties, Santa Clara Valley Medical Center and health clinics.

E-cigarette restrictions will be added to the County’s three comprehensive measures, including the Smoking Pollution Control Ordinance, the Multi-Unit Residences Ordinance and the Tobacco Retailer Permit Ordinance, according to county staff. The use of electronic smoking devices will be restricted wherever smoking is prohibited by state or local law, which includes indoor and outdoor areas such as work sites, restaurants, bars and parks, according to the county release.

The new county ordinance is a response to the growing use and popularity of e-cigarettes as an alternative to tobacco.

“The lack of regulation and widespread availability of e-cigarettes nationwide have contributed to increasing social acceptance of e-cigarettes and the misperception that these products are somehow safe,” County Health Officer Sara Cody said. “E-cigarettes threaten to undo much of the social norm change around tobacco use, norm change that has undoubtedly saved lives, and largely resulted from policies like the ones implemented by the county.”

A CDC study showed that, in 2011, 4.7 percent of all high school students had tried electronic smoking devices. By 2012, that figure had increased to 10 percent of all high school students. According to the County Public Health Department, there is growing evidence of potential health harms of smoking e-cigarettes such as cardiovascular disease and hypertension since they contain nicotine.

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