AB 216, as amended, Cristina Garcia. Product sales to minors: vapor products.
Existing law prohibits the sale of electronic cigarettes to people under 18 years of age. Existing law defines “electronic cigarette” as a device that can provide an inhalable dose of nicotine by delivering a vaporized solution.
This bill would prohibit the sale of any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age.begin insert The bill would exempt from its prohibition the sale of a drug or medical device that has been approved by the federal Food and Drug Administration.end insert Because this bill would create a new crime or infraction, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 5 (commencing with Section 24600) is
2added to Division 20 of the Health and Safety Code, to read:
3
(a) It shall be unlawful for a person to sell or otherwise
7furnish any device intended to deliver a nonnicotine product in a
8vapor state, to be directly inhaled by the user, to a person under
918 years of age.
10(b) Subdivision (a) does not prohibit the sale or furnishing of
11a drug or medical device that has been approved by the federal
12Food and Drug Administration pursuant to the federal Food, Drug,
13and Cosmetic Act (21 U.S.C. Sec. 301, et. seq).
14(b)
end delete
15begin insert(c)end insert A violation of this section shall be an infraction punishable
16by a fine not exceeding five hundred dollars ($500) for the first
17violation, by a fine not exceeding one thousand dollars ($1,000)
18for the second violation, or by a fine not exceeding one thousand
19five hundred dollars ($1,500) for a third or subsequent violation.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
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