Today's Law As Amended

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SB-631 Nitrous oxide: retail sales.(2017-2018)

As Amends the Law Today


 Division 8.7 (commencing with Section 22995) is added to the Business and Professions Code, to read:

DIVISION 8.7. Sale of Nitrous Oxide by Retailers of Tobacco and Tobacco-related Products

 (a) It is unlawful for any retailer of tobacco or tobacco-related products to sell, offer for sale, or expose for sale any device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide.
(b) This section does not apply to the sale, offering for sale, or exposure for sale of nitrous oxide contained in food products for use as a propellant.
(c) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section.
(d) Any person or business that violates subdivision (a) is subject to a civil penalty of two thousand five hundred dollars ($2,500).
(e) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
(f) In addition to the penalty described in subdivision (a), if the person or business holds a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6, the enforcing agency shall, within 60 days of the final adjudication of the civil penalty in favor of the enforcing agency, or the payment of the civil penalty for an uncontested violation, notify the State Board of Equalization of the violation. The State Board of Equalization shall then suspend that license for a period of 90 days.
 As used in this division, “retailer of tobacco or tobacco-related products” means a retail business that meets both of the following requirements:
(a) 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 devices, or any other paraphernalia associated with the smoking or ingesting of tobacco.
(b) Generates more than 50 percent of its gross revenues annually from the sale of products described in subdivision (a).