Today's Law As Amended

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SB-193 Nitrous oxide: retail sales.(2019-2020)



SECTION 1.

 Section 381f is added to the Penal Code, to read:

381f.
 (a) A retailer of tobacco or tobacco-related products that sells, or offers for sale, any device, canister, tank, or receptacle either exclusively containing nitrous oxide or containing a chemical compound mixed with nitrous oxide is guilty of a misdemeanor.
(b) The court shall order the suspension of the business license, for a period of up to one year, of a person who knowingly violates this section after having been previously convicted of a violation of this section, unless the owner of the business license can demonstrate a good faith attempt to prevent violations of this section by the owner or the owner’s employees.
(c) This section does not apply to the sale, or the offer for sale, of nitrous oxide contained in food products for use as a propellant.
(d) For purposes of this section, “retailer of tobacco or tobacco-related products” includes any business that primarily engages in the retail sale to consumers of cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, or any liquid containing nicotine for use in an electronic vaporizing device, or any cigarette lighters, cigar cutters, rolling papers, smoking pipes, water pipes, hookahs, electronic cigarettes or electronic vaporizing device, or any other paraphernalia associated with the smoking or ingesting of tobacco.
SEC. 2.
 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.