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AB-1690 Tobacco products: single-use electronic cigarettes.(2021-2022)

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Date Published: 04/20/2022 09:00 PM
AB1690:v96#DOCUMENT

Amended  IN  Assembly  April 20, 2022
Amended  IN  Assembly  April 07, 2022
Amended  IN  Assembly  March 01, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1690

Introduced by Assembly Members Luz Rivas, Petrie-Norris, and Stone
(Principal coauthors: Assembly Members Cristina Garcia and Ting)
(Coauthors: Assembly Members Bauer-Kahan, Berman, Boerner Horvath, Friedman, Lee, McCarty, Nazarian, Quirk, Akilah Weber, and Wicks)
(Coauthors: Senators Allen, Becker, Hertzberg, Limón, McGuire, Newman, Portantino, and Wiener)

January 24, 2022

An act to add Article 6 (commencing with Section 104559.6) to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, relating to tobacco and cannabis products.


LEGISLATIVE COUNSEL'S DIGEST


AB 1690, as amended, Luz Rivas. Tobacco and cannabis products: single-use electronic cigarettes and integrated cannabis vaporizers. cigarettes.
Under existing law, the Stop Tobacco Access to Kids Enforcement Act, an enforcing agency, as defined, may assess civil penalties against any person, firm, or corporation that sells, gives, or furnishes specified tobacco and cigarette related items, including cigarette papers, to a person who is under 21 years of age, except as specified. The existing civil penalties range from $400 to $600 for a first violation, up to $5,000 to $6,000 for a 5th violation within a 5-year period.
Existing law prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or other public or private postal or package delivery service. Under existing law, a district attorney, city attorney, or the Attorney General may assess civil penalties against a violator of not less than $1,000 or more than $2,000 for the first violation and up to $10,000 for a 5th or subsequent violation within a 5-year period.
Under existing law, every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or furnishes a cigarette, among other specified items, to another person who is under 21 years of age is, except as specified, subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense.
This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a single-use electronic cigarette or a single-use integrated cannabis vaporizer, cigarette, as defined, except as specified. The bill would prohibit that selling, giving, or furnishing, whether conducted directly or indirectly through an in-person transaction, or by means of any public or private method of shipment or delivery to an address in this state.
This bill would authorize a city attorney, county counsel, or district attorney to assess a $500 civil fine against each person determined to have violated those prohibitions in a proceeding conducted pursuant to the procedures of the enforcing agency, as specified.

This bill would establish definitions for purposes of its provisions.

This bill would make its provisions operative on January 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Article 6 (commencing with Section 104559.6) is added to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, to read:
Article  6. Single-Use Tobacco and Cannabis Products Electronic Cigarettes

104559.6.
 (a) A person or entity shall not sell, give, or in any way furnish to another person, of any age, in this state, either of the following:
(1)A a single-use electronic cigarette.

(2)A single-use integrated cannabis vaporizer.

(b) The prohibition under subdivision (a) applies to any direct or indirect transaction, whether made in person in this state or by means of any public or private method of shipment or delivery to an address in this state.
(c) The sale, gift, or other furnishing of one to 20 items single-use electronic cigarettes, as specified in paragraphs (1) and (2) of subdivision (a) (a), constitutes a single violation of this section.
(d) This section does not apply to a product single-use electronic cigarette that receives a marketing order from the United States Food and Drug Administration pursuant to Section 387j of Title 21 of the United States Code.

104559.7.
 (a) (1) A city attorney, county counsel, or district attorney may assess a civil fine of five hundred dollars ($500) for each violation of Section 104559.6. Only a city attorney, county counsel, or district attorney may assess the civil fine against each person determined to be in violation of Section 104559.6.
(2) Proceedings under this section shall be conducted pursuant to the procedures of the enforcing agency that are consistent with Section 131071 and in accordance with Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Fine moneys assessed pursuant to this section shall be deposited in the treasury of the city or county, respectively, of the city attorney, county counsel, or district attorney that assessed the fine.
(c) A prevailing plaintiff in an action under this section is entitled to recover reasonable attorney’s fees and costs.

104559.8.
 A city attorney, county counsel, or district attorney acting as an enforcing agency, as defined in subdivision (b) of Section 22950.5 of the Business and Professions Code, is encouraged, but not required, to develop guidelines for its agency to conduct tobacco control investigations of violations of subdivision (a) of Section 104559.6 concurrent with investigations of violations of Section 308 of the Penal Code or Division 8.5 (commencing with Section 22950) of the Business and Professions Code, conducted in accordance with Section 22952 of the Business and Professions Code, or concurrent with investigations of violations of any tobacco control provisions created by local ordinance in its jurisdiction.

104559.9.
 For purposes of this article, the following definitions apply:
(a)“Single-use “single-use electronic cigarette” means an electronic cigarette, as defined in Section 30121 of the Revenue and Taxation Code, that has a nonrechargeable battery and is typically recycled or disposed of after the contents inside the device have been used.

(b)“Single-use integrated cannabis vaporizer” means an integrated cannabis vaporizer, as defined in Section 26122 of the Business and Professions Code, that is not refillable or rechargeable and is typically recycled or disposed of after the contents inside the device have been used.

104559.10.
 This article shall become operative on January 1, 2024.