Bill Text: CA AB1639 | 2019-2020 | Regular Session | Amended
Bill Title: Tobacco and cannabis products.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2020-07-27 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. [AB1639 Detail]
Download: California-2019-AB1639-Amended.html
Amended
IN
Assembly
August 21, 2019 |
Amended
IN
Assembly
August 13, 2019 |
Amended
IN
Assembly
July 02, 2019 |
Introduced by Assembly Members Gray, Cunningham, Robert Rivas, and Kamlager-Dove |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the State Department of Public Health and the State Department of Education to report to the Legislature, the Senate Committee on Health, and the Assembly Committee on Governmental Organization, on or before January 1, 2021, on the use of electronic cigarettes in California among persons under 21 years of age and the impact of flavored electronic
cigarette products on the interest of persons under 21 years of age in trying electronic cigarettes, among other things.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 22952 of the Business and Professions Code is amended to read:22952.
The State Department of Public Health shall do all of the following:SEC. 2.
Section 22956 of the Business and Professions Code is amended to read:22956.
A person engaging in the retail sale of tobacco products shall check the identification of a tobacco purchaser using age verification software or an age verification device to establish the age of theSEC. 3.
Section 22958 of the Business and Professions Code is amended to read:22958.
(a) (1) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, according to the following schedule:SEC. 4.
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:SEC. 5.
Section 22964.5 is added to the Business and Professions Code, to read:22964.5.
(a) No person under 21 years of age may enter into a tobacco store.SEC. 6.
Section 119408 is added to the Health and Safety Code, to read:119408.
(a) An electronic cigarette manufacturer shall not advertise, promote, or package electronic cigarettes in a manner that does either of the following:(a)A tobacco retailer licensed under Division 8.6 (commencing with Section 22970) of the Business and Professions Code and an online retailer shall not sell flavored electronic cigarettes, except as provided in subdivision (b).
(b)(1)Subdivision (a) does not apply to electronic cigarettes with tobacco, mint, or menthol flavors.
(2)A tobacco retailer may sell flavored electronic cigarettes in a retail location that does not permit any person under 21 years of age to be present or to enter the premises at any time.
(3)An
online retailer may sell flavored electronic cigarettes if the online retailer uses an age verification process to establish that the purchaser of the flavored electronic cigarettes is 21 years of age or older.
(c)The State Department of Public Health may assess civil penalties for a violation of this section according to the schedule described in Section 119408.
(d)Proceedings under this section shall be conducted pursuant to Section 131071.
(e)For purposes of this section, the following terms have the following definitions:
(1)“Electronic cigarette” has the same definition as provided in Section 119408.
(2)“Online retailer” means any person who sells tobacco products directly to the public through orders placed on the internet.
(f)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(a)On or before January 1, 2021, the State Department of Public Health and the State Department of Education shall report to the Legislature, the Senate Committee on Health, and the Assembly Committee on Governmental Organization on all of the following:
(1)The use of electronic cigarettes in California among persons under 21 years of age.
(2)The impact of flavored electronic cigarette products on the interest of persons under 21 years of age in trying electronic cigarettes.
(3)The perceptions of, and reasons for, the attraction to
specific flavors of electronic cigarettes.
(4)The perceived health impacts of electronic cigarette use.
(b)For purposes of this section, “electronic cigarettes” has the same definition as provided in Section 119408.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.