Board of Health - February 20, 2026 Minutes
Board of Health Special meeting – February 20, 2026
The special Meeting of the Board of Health of the City of Fargo, North Dakota, was held in person at City Hall Commission Chambers at 12:00 p.m. on Friday, February 20, 2026.
The Board members present or absent during roll call were:
Present: Bernie Dardis, John Strand, Andrew McLean, Oliver Frenzel, Grant Syverson
Virtual: Valentina Asiedu
Absent: Meg Forde, John Seifert, Jim Kapitan
Staff: Jenn Faul, Holly Scott, Abby Lange, Doreen Odera, Grant Larson, Lori Sall, Lyn Welk
Introduction of Members
Approval of Agenda
Bernie Dardis moved to approve the agenda. Dr. Grant Syverson seconded this motion. All present members voted aye. This motion was declared carried. Meg Forde, John Seifert, and Jim Kapitan were absent from the meeting.
Approval of Meeting minutes from the January 9, 2026 meeting
Dr. Andrew McLean moved the item for approval. Bernie Dardis seconded this motion. All present members voted aye. This motion was declared carried. Meg Forde, John Seifert, and Jim Kapitan were absent from the meeting.
Review of the Comprehensive Tobacco and Nicotine Ordinance
Jenn Faul, Director of Fargo Cass Public Health (FCPH), speaks about the Comprehensive Tobacco and Nicotine Ordinance motion that started in July of 2025. She says it has been in development with partners from the following organizations: FCPH, the American Heart Association, the American Lung Association, American Cancer Society Cancer Action Network, Clay County Public Health, Campaign for Tobacco Free Kids, Tobacco Free North Dakota, the Multi-Partner Health Coalition from NDHHS, Southeast Human Service Center, Minnesota Public Health Law Center, Sanford Medical Center, and Essentia Health. Jenn mentions they are reviewing a draft version of the ordinance. Health Promotion Director Abby Lange will present the major components related to the ordinance. Also present are Pat McKone, online, from the American Lung Association, Tony Burke from the American Heart Association, and Heather Austin from Tobacco Free North Dakota. Jenn states that the conversation hopes to move forward with the resolution.
John Strand states that he would like the public comment portion of the meeting to be moved before the vote on the resolution. Board members discussed the resituating of agenda items. Bernie Dardis moved the item for approval. Dr. McLean seconded the motion. All present members voted aye. Meg Forde, John Seifert, and Jim Kapitan were absent from the meeting. This motion was declared carried.
Chapter 35-0101 Definitions: Abby Lange speaks on evidence-based best practice decision-making. Definitions of tobacco products are discussed, as well as delivery devices. Flavored tobacco products impart a taste or smell other than the taste or smell of tobacco. Flavored tobacco products include menthol. She states that nearly 90% of youth who use tobacco use flavored products, and 90% of tobacco users start prior to age 18.
Chapter 35-0102 Authority to Sell: Tobacco retailers would have an annual license fee implemented. Studies have shown that areas that have implemented licensing have had youth sales drop. Part of the licensing process would include retailer education. Fargo Cass Public Health would provide something similar to server training in an attempt to eliminate sales to minors. They would provide definitions and examples of products. They would educate on legal forms of identification in North Dakota, show fake identification examples and how to spot them. They would inform them of the consequences of selling to a minor and techniques for how to decline sales to minors. FCPH would like to have a maximum number of licenses in Fargo. Currently, there are 144 places to purchase nicotine products in Fargo. They would like to reduce the number of licenses to 65. This would happen over time. Anyone with a current license would be grandfathered in. This number equates to one establishment per 1,000 residents aged 21 or older. While there is availability of vape products online, trends show that youth want immediate gratification. They do not want to wait to receive the product.
Current compliance checks would continue and would establish clear and consistent protocols to ensure appropriate penalties. There is very little evidence that a black market would emerge with further restrictions.
Chapter 35-0103 Licensee Violations: Licensee violations would include things like free samples or coupons, since free products will attract youth and young adults, who have less disposable income.
Chapter 35-0104 Administrative Penalties: Administrative penalties for the first violation would include a $500 fine and a 24-month probationary period. They would be further assessed for compliance. The second violation would be a $1,000 fine and a 7-day suspension. The third violation would include a $2,000 fine and a 14-day suspension with required use of an ID scanner to detect underage or fake identification. Subsequent violations would include an additional $2,000 fine and license revocation.
Questions are posed by the board related to the cost of the scanners, how widely available they are, and if they can track whether the sale is still made after it shows a bad ID. The cost of the unit is $5,300, and FCPH does not have enough to offer them to anyone, for now, only those in violation. The answer was yes, with data gathering to check for compliance, they can check to see if the sale was still made.
In summary, why does FCPH want to do this? Abby Lange mentions the 3-legged stool approach of policy, price and funding. The North Dakota State Health Improvement Plan's goal is to make North Dakota the healthiest state in the nation. Curbing tobacco and e-cigarette use is part of that plan. Waiting for long-term studies may be too late for addicted youth. Vaping is not an FDA-approved cessation method.
Board members’ comments and questions included questions about nicotine gum at higher nicotine levels than those of cessation methods available at retailers, inhalation versus consumption of nicotine, and whether retail education would be mandated. The higher nicotine level gum is a non-FDA-approved item with not much data; explanations were given of inhalation versus pouch use; the retail education would be mandated for licensing; the education is provided at no cost.
Public Comment
Andrea Huseth-Zosel, Fargo resident - spoke about being a parent of children in the Fargo Public School District and the negative impact flavored tobacco products have had on her children’s educational experience, including no longer utilizing campus restrooms and teachers are being asked to monitor spaces for vaping.
Emma Dupont, Fargo college student at North Dakota State University as a Master’s in Public Health and pharmacy student - spoke about the negative impact of flavored nicotine products from the perspective of a pharmacy student at NDSU as well as a college student.
Cory Steiner, Fargo resident and Superintendent of Fargo Public Schools spoke on behalf of Fargo Public Schools and the negative impact that vaping has had on student education and staff time. Fargo Public Schools urges the elimination of flavored vapes.
Carlos Miranda, Pediatric Cardiologist - spoke about the negative impact of nicotine on pediatric patients and the dangers of vaping, striving for prevention, lipid panels on kids looking for early heart disease. Preventing kids from having early heart disease, preventing flavors would help.
Troy Nielson, Fargo resident - spoke on behalf of Fargo Police Department and Fargo School Resource Officers about the negative impact vaping has had related to truancy (students meet up to vape) and student education.
Zach Johnson, Fargo resident and owner of Sports Vape - spoke about the financial impact of a flavor ban on small businesses including his own.
More questions - Additional questions and comments were posed from the board related to limiting menthol products, online availability of nicotine products and how the ban may affect border cities/counties/states.
Dr. McLean and Bernie Dardis requested that footnotes and references be added to the bottom of the resolution to verify sources and data, as well as to make data-driven decisions. Jenn Faul confirmed that they have all the references and agreed to add the footnotes and references to the resolution.
John Strand asks for a synopsis of the next steps after the vote.
Jenn Faul says that next steps would include taking the resolution to the Fargo City Commission.
Resolution
Jenn Faul presents the resolution. She is asked to show the resolution to the group and read it aloud. The resolution is on the overhead projector for the group as it’s read out loud.
John Strand asks for further comment. He then asks for a motion.
Oliver Frenzel moved the item for approval. Dr. Grant Syverson seconded this motion.
Roll call vote was taken. All present members voted aye. This motion was declared carried. Meg Forde, John Seifert, and Jim Kapitan were absent from the meeting.
Meeting adjourned at: 1:15pm
Next Meeting: 04.10.2026