Bill Text: CA SB538 | 2019-2020 | Regular Session | Enrolled

California Senate Bill 538 (Prior Session Legislation)

Bill Title: Electronic cigarettes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2020-01-13 - Veto sustained. [SB538 Detail]

Download: California-2019-SB538-Enrolled.html

Enrolled September 16, 2019

Passed IN Senate September 12, 2019

Passed IN Assembly September 10, 2019

Amended IN Assembly September 06, 2019

Amended IN Assembly August 13, 2019

Amended IN Senate March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 538

Introduced by Senator Rubio
(Coauthor: Assembly Member Eduardo Garcia)

February 21, 2019

An act to add Section 119407 to the Health and Safety Code, relating to electronic cigarettes, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 538, Rubio. Electronic cigarettes.

Existing law requires the California Department of Tax and Fee Administration to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products and requires every manufacturer and importer of cigarettes or tobacco products sold in the state to obtain and maintain a license to engage in the sale of cigarettes. Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined.

This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the California Department of Tax and Fee Administration to share with the State Department of Public Health a list of manufacturers licensed to sell electronic cigarettes in California, and would require the State Department of Public Health to use the list to verify that manufacturers of electronic cigarettes comply with the bill’s requirements.

The bill would require the State Department of Public Health, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the State Department of Public Health to coordinate with the State Department of Education to notify local educational agencies of that posting.

The bill would require the State Department of Public Health to impose a fee on manufacturers of electronic cigarettes sold in the state in an amount to cover the reasonable costs to the State Department of Public Health and the State Department of Education to comply with the requirements of the bill.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development, which continues until about 25 years of age. The use of any tobacco product, including electronic cigarettes, is unsafe for young people.

(b) The United States Food and Drug Administration (FDA) has stated that new and highly disturbing data plainly demonstrates that electronic cigarettes are creating an epidemic of regular nicotine use among teenagers. In recent years, the FDA has increasingly expressed alarm over the prevalence of vaping among youth in high school and even middle school.

(c) According to data confirmed by the FDA, the number of high school pupils who reported that they used electronic cigarettes within the past 30 days has risen roughly 75 percent since 2017 to approximately 3,000,000 pupils.

(d) An increasing number of electronic cigarettes are developed to resemble otherwise innocuous items, such as USB flash drives or pens. This makes it difficult for parents and educators to identify these electronic cigarettes when they are used by pupils.

(e) Parents and educators can help prevent and reduce the use of electronic cigarettes by young people if they are better informed about the different shapes and types of electronic cigarettes.

SEC. 2.

Section 119407 is added to the Health and Safety Code, to read:

119407.

(a) For purposes of this section, “electronic cigarette” means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(b) (1) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.

(2) The California Department of Tax and Fee Administration shall share with the State Department of Public Health a list of manufacturers licensed to sell electronic cigarettes in California pursuant to Division 8.6 (commencing with Section 22970) of the Business and Professions Code. The State Department of Public Health shall use the list to verify that manufacturers of electronic cigarettes comply with the requirements in paragraph (1).

(c) Commencing on July 1, 2020, the State Department of Public Health shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.

(d) The State Department of Public Health shall coordinate with the State Department of Education to notify local educational agencies that physical descriptions and photographs of electronic cigarettes are available on the State Department of Public Health’s internet website.

(e) The State Department of Public Health shall impose a fee on manufacturers of electronic cigarettes sold in the state in an amount to cover the reasonable costs to the State Department of Public Health and the State Department of Education to comply with this section.

SEC. 3.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to address the rapid increase in the number of youth using electronic cigarettes and to assist parents and educators in identifying electronic cigarette devices as quickly as possible, it is necessary for this act to take effect immediately.