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97-044 - 04-15 Authorizing Application for Tobacco Ordinance Preemption Waiver Resolution 97-44 April 15, 1997 Member Micks introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR TOBACCO ORDINANCE PREEMPTION WAIVER WHEREAS, the Food and Drug Administration recently passed extensive regulations aimed at reducing access to tobacco products by young people, and WHEREAS, these regulations inadvertently created a preemption of some forms of local tobacco regulations, and WHEREAS, it was not the intent of the FDA to prohibit local regulations, and WHEREAS, the Attorney General's Office of the State of Minnesota has agreed to coordinate local cities waiver applications to exempt local ordinances from being invalidated by FDA Rules & Regulations, and WHEREAS, enforcement of tobacco restrictions can be more effectively done through local ordinance, NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to make application for waiver of preemption of our tobacco ordinance by the Food and Drug Administration. � Mary E. erson, Mayor ATTEST: Shirley J. N so , ity Clerk The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks and Russell; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk.