Bill Text: CA AB1626 | 2019-2020 | Regular Session | Amended
Bill Title: Cigarettes: administration: Attorney General.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-23 - Referred to Com. on JUD. [AB1626 Detail]
Download: California-2019-AB1626-Amended.html
Amended
IN
Assembly
January 15, 2020 |
Introduced by Assembly Member Robert Rivas |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 14951 of the Health and Safety Code is amended to read:14951.
A person shall not sell, offer, or possess for sale in this state cigarettes not in compliance with the following requirements:SEC. 2.
Section 14952 of the Health and Safety Code is amended to read:14952.
(a) (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, “Standard Test Method for Measuring the Ignition Strength of Cigarettes.” However, a subsequent ASTM Standard Test Method may be adopted upon finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns that the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the testing requirements in paragraphs (2) to (5), inclusive, and the performance standard specified in subdivision (b).SEC. 3.
Section 14953 of the Health and Safety Code is amended to read:14953.
(a) Each manufacturer shall submit a written certification to the Attorney General attesting that each cigarette listed in the certification has been tested in accordance with subdivision (a) of Section 14952 and meets the performance standard set forth in subdivision (b) of that section.SEC. 4.
Section 14954 of the Health and Safety Code is amended to read:14954.
(a) Cigarettes that are certified by a manufacturer in accordance with Section 14953 shall be marked on the packaging and case to indicate compliance with the requirements of this part. Marking shall be in 8-point type or larger and consist of one of the following:(a)A manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of this part is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each sale.
(b)A retailer, distributor, or wholesaler that knowingly sells or offers to sell cigarettes in violation of this part shall be subject to the following:
(1)A civil penalty not to exceed five hundred dollars ($500) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale does not exceed 50 packages of cigarettes.
(2)A civil penalty not to exceed one
thousand dollars ($1,000) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale exceeds 50 packages of cigarettes.
(c)The civil penalties imposed pursuant to this section shall be deposited in the Cigarette Fire Safety and Firefighter Protection Fund. Moneys deposited into the fund may be appropriated by the Legislature for the administration and enforcement of this part by the Attorney General and for seizures, forfeitures, and disposal of cigarettes by the Attorney General and the department.
(d)In addition to any
other penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 14953 shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each false certification.
(e)A person who violates any other provision in this part shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Section 14952 shall be deemed contraband per se and subject to seizure and disposal by the department or a law enforcement agency.
(f)The Attorney General may bring an action on behalf of the people of the state to restrain further violations of this part and for any other relief
that may be appropriate. In any action by the Attorney General to enforce this act, the Attorney General shall be entitled to recover costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees.
(g)It shall be a defense in any action for civil penalties, that a distributor, wholesaler, retailer, or a person in the stream of commerce relied in good faith on the manufacturer’s certificate or marking that the cigarettes comply with this part.
SEC. 6.SEC. 5.
Section 14959 of the Health and Safety Code is amended to read:14959.
This part shall cease to be applicable if federal fire safety standards for cigarettes that preempt this act are enacted and take effect subsequent to the effective date of this act and the Attorney General so notifies the Secretary of State.SEC. 7.SEC. 6.
Section 3 of Chapter 633 of the Statutes of 2005 is amended to read:(a)
Sec. 3.
The Cigarette Fire Safety and Firefighter Protection Fund is hereby created in the State Treasury. Upon appropriation by the Legislature, moneys deposited into the fund shall be made available to both of the following:(1)
(2)