Bill Text

Bill Information

Add To My Favorites | print page

SB-400 Tobacco.(2009-2010)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
SB400:v91#DOCUMENT

Enrolled  September 15, 2009
Passed  IN  Senate  September 11, 2009
Passed  IN  Assembly  September 08, 2009
Amended  IN  Assembly  September 02, 2009
Amended  IN  Assembly  July 23, 2009
Amended  IN  Assembly  June 23, 2009
Amended  IN  Senate  June 01, 2009
Amended  IN  Senate  May 21, 2009
Amended  IN  Senate  May 12, 2009
Amended  IN  Senate  April 23, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill No. 400


Introduced  by  Senator Corbett
(Coauthor(s): Senator Alquist)
(Coauthor(s): Assembly Member Eng, Fong, Jones)

February 26, 2009


An act to amend Sections 22950.5, 22955, and 22962 of the Business and Professions Code, and to add Section 111247 to the Health and Safety Code, relating to tobacco.


LEGISLATIVE COUNSEL'S DIGEST


SB 400, Corbett. Tobacco.
Existing law, the Stop Tobacco Access to Kids Enforcement Act (STAKE Act), establishes various requirements for retailers relating to tobacco sales to minors. A violation of this act is a crime.
This bill would authorize action to halt the sale, distribution, or offering for sale of electronic cigarettes that have not been approved or cleared by the federal Food and Drug Administration. By changing the definition of an existing crime, this bill would impose a state-mandated local program.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of these provisions is a crime.
This bill would deem any article that can provide inhaled doses of nicotine by delivering a vaporized solution a drug under these provisions. By expanding the definition of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 22950.5 of the Business and Professions Code is amended to read:

22950.5.
 For purposes of this division, the following terms have the following meanings:
(a) “Department” means the State Department of Public Health.
(b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.
(c) “Tobacco product” means a product containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or other preparation of tobacco.

SEC. 2.

 Section 22955 of the Business and Professions Code is amended to read:

22955.
 Agents of the department, while conducting enforcement activities pursuant to this division, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 of the Health and Safety Code in the same manner as are any Food and Drug Section inspectors of the state department. These agents may take enforcement action to halt the sale, distribution, or offering for sale of electronic cigarettes that can deliver inhaled doses of nicotine by delivering a vaporized solution that has not been approved or cleared by the United States Food and Drug Administration.

SEC. 3.

 Section 22962 of the Business and Professions Code is amended to read:

22962.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.
(2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.
(3) “Tobacco store” means a retail business that meets all of the following requirements:
(A) Primarily sells tobacco products.
(B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia.
(C) Does not permit a person under 18 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, as defined in Section 6903 of the Family Code.
(D) Does not sell alcoholic beverages or food for consumption on the premises.
(b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale a tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958.
(B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958.
(2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, a blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside a store or business.
(3) It is unlawful for a person or business to place or maintain, or cause to be placed or maintained, a blunt wrap advertising display that is less than four feet above the floor.
(c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In an enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision.
(d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section.
(e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

SEC. 4.

 Section 111247 is added to the Health and Safety Code, to read:

111247.
 Any article that can provide inhaled doses of nicotine by delivering a vaporized solution, including, but not limited to, an electronic cigarette, shall be deemed to be a drug as defined in Section 109925. This section shall not be construed as bearing on or being relevant to the question of whether any other product is a drug as defined in Section 109925 or a device as defined in Section 109920.

SEC. 5.

 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.