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 ofbegin delete age.end deletebegin insert age, or to a person under 21 years of age if SB 151 of the 2015-16 Regular Session is enacted and takes effect.end 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. 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) Itbegin delete shall beend deletebegin insert isend insert unlawful for a person to sell or
7otherwise furnish any device intended to deliver a nonnicotine
8product in a vapor state, to be directly inhaled by the user, to a
9person under 18 years of age.
10(b) Subdivision (a) does not prohibit the sale or furnishing of a
11drug or medical device that has been approved by the federal Food
12and Drug Administration pursuant to the federal Food, Drug, and
13Cosmetic Act (21 U.S.C. Sec.begin delete 301, et. seq).end deletebegin insert
301 et seq.).end insert
14(c) A violation of this sectionbegin delete shall beend deletebegin insert isend insert an infraction punishable
15by a fine not exceeding five hundred dollars ($500) for the first
16violation, by a fine not exceeding one thousand dollars ($1,000)
17for the second violation, or by a fine not exceeding one thousand
18five hundred dollars ($1,500) for a third or subsequent violation.
begin insertChapter 5 (commencing with Section 24600) is added
20to Division 20 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, to read:end insert
21
(a) It is unlawful for a person to sell or otherwise
25furnish any device intended to deliver a nonnicotine product in a
26vapor state, to be directly inhaled by the user, to a person under
2721 years of age.
28(b) Subdivision (a) does not prohibit the sale or furnishing of
29a drug or medical device that has been approved by the federal
30Food and Drug Administration pursuant to the federal Food, Drug,
31and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
32(c) A violation of this section is an infraction punishable by a
33fine not exceeding five hundred dollars ($500) for the first
P3 1violation, by a fine not exceeding one thousand dollars ($1,000)
2for the second violation, or by a fine not exceeding
one thousand
3five hundred dollars ($1,500) for a third or subsequent violation.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.
(a) Section 1 of this act shall become operative only
15if Senate Bill 151 of the 2015-16 Regular Session is not enacted
16or does not become effective.
17(b) Section 2 of this act shall become operative only if Senate
18Bill 151 of the 2015-16 Regular Session is enacted and becomes
19effective.
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