Larimer County commissioners back proposed flavored tobacco sales ban

Larimer County commissioners backed moving ahead with a tobacco retailer licensing proposal that would prohibit flavored tobacco sales in unincorporated parts of the county.

A staff member said the proposed flavor restriction would cover Zyn, e-cigarettes and vape products. Staff said they could prepare draft ordinance language within the next couple of months after commissioner feedback and plan stakeholder engagement in November. They are targeting a first reading for late December or early January; if the ordinance passes, the program could start in spring.

Health department program manager Talia Hirsch said 80% of Larimer County youth who tried to buy tobacco or vaping products in stores were not turned away because of age, compared with 78% statewide. Hirsch also reported that 95% of county youth who use vape products use flavored products, compared with about 92% statewide. State underage compliance checks happen less often in Larimer County than local officials want, and local officials know more about where youth get products and which ones they use, a health department staff member said.

Board Chair Jody Shadduck-McNally backed including flavors, menthol and nicotine pouches in the policy, and wanted to include restricted hemp and ban all kratom. “I think we should ban it,” Shadduck-McNally said. Hirsch said nearly everyone at a Fort Collins business town hall supported banning synthetic kratom while allowing sales of kratom leaf to people 21 and older. A staff member said town hall participants described using kratom leaf to stop using opioids, while staff continued to weigh how to regulate it.

Environmental Health Director Bob McDonald said his proposed fines were meant to reflect the public health significance of violations, not simply become a cost of doing business. His proposed penalties include a $1,000 fine for a first sale to a minor and a $2,000 fine plus a 30-day suspension for a second. Selling tobacco during a suspension could draw a $5,000 fine and extend a 30-day suspension to one year, McDonald said.

A county staff member said staff had engaged community groups, youth, parents who had complained and school districts, but waited for commissioner feedback before presenting the proposal to businesses. The county plans to seek business input soon and balance it with community views, the staff member said. Hirsch said staff hoped to hold a town hall for local businesses after receiving guidance from the commissioners.