Today's Law As Amended

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AB-216 Product sales to minors: vapor products.(2015-2016)



SECTION 1.

 Chapter 5 (commencing with Section 24600) is added to Division 20 of the Health and Safety Code, to read:

CHAPTER  5. Product Sales to Minors
24600.
 (a) It is unlawful for a person to sell or otherwise furnish any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age.
(b) Subdivision (a) does not prohibit the sale or furnishing of a drug or medical device that has been approved by the federal Food and Drug Administration pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
(c) A violation of this section is an infraction punishable by a fine not exceeding five hundred dollars ($500) for the first violation, by a fine not exceeding one thousand dollars ($1,000) for the second violation, or by a fine not exceeding one thousand five hundred dollars ($1,500) for a third or subsequent violation.

SEC. 2.

 Chapter 5 (commencing with Section 24600) is added to Division 20 of the Health and Safety Code, to read:

CHAPTER  5. Product Sales to Minors
24600.
 (a) It is unlawful for a person to sell or otherwise furnish any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 21 years of age.
(b) Subdivision (a) does not prohibit the sale or furnishing of a drug or medical device that has been approved by the federal Food and Drug Administration pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
(c) A violation of this section is an infraction punishable by a fine not exceeding five hundred dollars ($500) for the first violation, by a fine not exceeding one thousand dollars ($1,000) for the second violation, or by a fine not exceeding one thousand five hundred dollars ($1,500) for a third or subsequent violation.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 4.
 (a) Section 1 of this act shall become operative only if Senate Bill 151 of the 2015–16 Regular Session is not enacted or does not become effective.
(b) Section 2 of this act shall become operative only if Senate Bill 151 of the 2015–16 Regular Session is enacted and becomes effective.