Bill Text: CA AB935 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 935

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Tobacco sales: flavored tobacco ban.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State - Chapter 351, Statutes of 2023. [AB935 Detail]

Download: California-2023-AB935-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 935

Introduced by Assembly Member Connolly

February 14, 2023

An act to add Article 6 (commencing with Section 104559.7) to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, relating to tobacco sales.

LEGISLATIVE COUNSEL'S DIGEST

AB 935, as introduced, Connolly. Tobacco sales: phased tobacco ban.

Existing law licenses retailer sellers of cigarettes and tobacco products. Existing law prohibits a person from selling tobacco products to a person under 21 years of age. Existing law also prohibits a tobacco retailer from selling flavored tobacco products, as specified. Existing law prohibits smoking in various places, including government buildings, public transportation, schools, playgrounds, and workplaces.

This bill would implement a phased tobacco ban by prohibiting a tobacco retailer, as defined, from selling tobacco products, as defined, to any person born on or after January 1, 2007. The bill would clarify that it does not authorize the sale of tobacco products to any person born before January 1, 2007, that is otherwise prohibited. The bill would provide penalties for violations, including escalating civil fines and the suspension or revocation of the sellers license to sell tobacco products. The bill would require that enforcement of these provisions be the responsibility of the State Department of Public Health.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Article 6 (commencing with Section 104559.7) is added to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, to read:

Article 6. Phased Tobacco Ban

104559.7.

(a) Notwithstanding any other law, a tobacco retailer shall not sell any tobacco product to any person born on or after January 1, 2007.

(b) All persons engaging in the retail sale of tobacco products shall check the identification of tobacco purchasers, to establish the date of birth of the purchaser, if the purchaser reasonably appears to have been born on or after January 1, 2007. A good faith effort to comply with this subdivision shall provide an affirmative defense to a violation of subdivision (a).

(d) (1) The department may assess civil penalties against any person, firm, or corporation that violates subdivision (a), according to the following schedule:

(A) A civil penalty of from four hundred dollars ($400) to six hundred dollars ($600) for the first violation.

(B) A civil penalty of from nine hundred dollars ($900) to one thousand dollars ($1,000) for the second violation within a five-year period.

(C) A civil penalty of from one thousand two hundred dollars ($1,200) to one thousand eight hundred dollars ($1,800) for a third violation within a five-year period.

(D) A civil penalty of from three thousand dollars ($3,000) to four thousand dollars ($4,000) for a fourth violation within a five-year period.

(E) A civil penalty of from five thousand dollars ($5,000) to six thousand dollars ($6,000) for a fifth violation within a five-year period.

(2) In addition to the civil penalties described in paragraph (1), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the State Board of Equalization of the violation. The State Board of Equalization shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 of the Business and Professions Code in accordance with the following schedule:

(A) A 45-day suspension of the license for a third violation at the same location within a five-year period.

(B) A 90-day suspension of the license for a fourth violation at the same location within a five-year period.

(3) The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the State Board of Equalization pursuant to paragraph (2).

(4) (A) In the case of a corporation or business with more than one retail location, to determine the number of accumulated violations for purposes of the penalty schedules set forth in paragraphs (1) and (2), violations of this section by one retail location shall not be accumulated against other retail locations of that same corporation or business.

(B) In the case of a retail location that operates pursuant to a franchise as defined in Section 20001 of the Business and Professions Code, violations of this division accumulated and assessed against a prior owner of a single franchise location shall not be accumulated against a new owner of the same single franchise location for purposes of the penalty schedules set forth in paragraphs (1) and (2).

(5) Proceedings under this subdivision shall be conducted pursuant to Section 131071.

(e) This section does not authorize the sale of any tobacco products to any person born before January 1, 2007, that is otherwise prohibited by law.

(f) As used in this section, the following terms have the following meanings:

(1) “Department” means the State Department of Public Health.

(2) “Tobacco product” means a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, vaping liquid, or snuff. “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

(3) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location.