Amended in Senate June 29, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 216


Introduced by Assembly Member Cristina Garcia

February 2, 2015


An act to add Chapter 5 (commencing with Section 24600) to Division 20 of the Health and Safety Code, relating to product sales to minors.

LEGISLATIVE COUNSEL’S DIGEST

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:

P2    1

SECTION 1.  

Chapter 5 (commencing with Section 24600) is
2added to Division 20 of the Health and Safety Code, to read:

3 

4Chapter  5. Product Sales to Minors
5

 

6

24600.  

(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.

19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertChapter 5 (commencing with Section 24600) is added
20to Division 20 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

begin insert

21 

22Chapter  begin insert5.end insert Product Sales to Minors
23

 

24

begin insert24600.end insert  

(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.

end insert
4

begin deleteSEC. 2.end delete
5begin insertSEC. 3.end insert  

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.

14begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

(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.

end insert
begin insert

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.

end insert


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