BILL ANALYSIS Ó
AB 216
Page 1
ASSEMBLY THIRD READING
AB
216 (Cristina Garcia)
As Amended April 13, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+---------------------|
|Governmental |20-0 |Gray, Linder, | |
|Organizations | |Achadjian, Alejo, | |
| | |Bigelow, Cooley, | |
| | |Cooper, Daly, Cristina | |
| | |Garcia, Eduardo | |
| | |Garcia, Gipson, Roger | |
| | |Hernández, | |
| | |Jones-Sawyer, Levine, | |
| | |Mayes, Perea, Salas, | |
| | |Steinorth, Waldron, | |
| | |Wilk | |
| | | | |
|----------------+------+-----------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 216
Page 2
SUMMARY: Prohibits 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. Specifically, this
bill:
1)Provides it shall be unlawful for a person to sell or otherwise
furnish 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.
2)Specifies that a violation of provision shall be an infraction
punishable by a fine not exceeding $500 for the first violation,
by a fine not exceeding $1,000 for the second violation, or by a
fine not exceeding $1,500 for a third or subsequent violation.
3)Exempts from the prohibition the sale of a drug or medical
device that has been approved by the federal Food and Drug
Administration.
EXISTING LAW:
1)Prohibits a person from selling or otherwise furnishing an
electronic cigarette to a person under the age of 18.
2)Defines "electronic cigarette" as a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.
3)Defines "tobacco product" as any product containing tobacco
leaf, including, but not limited to, cigarettes, cigars, pipe
tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any
other preparation of tobacco.
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4)Requires, under the Stop Tobacco Access to Kids Enforcement Act
(STAKE Act), the California Department of Public Health (DPH) to
establish and develop a program to reduce the availability of
tobacco products to minors and to enforce those provisions.
5)Authorizes DPH, under the STAKE Act, to assess civil penalties
ranging from $400 to $6,000, depending on the number of
infractions, against any person, firm, or corporation that
sells, gives, or in any way furnishes tobacco products to a
person who is under the age of 18.
6)Establishes "smoke-free laws," which prohibit the smoking of
tobacco products in various places, including, but not limited
to, school campuses, public buildings, places of employment,
apartment buildings, day care facilities, retail food
facilities, health facilities, and vehicles when minors are
present, and makes a violation of some of the prohibitions
punishable as an infraction.
7)Requires the Board of Equalization (BOE), under the Cigarette
and Tobacco Products Licensing Act (CTPLA), to administer a
statewide program to license cigarette and tobacco products
manufacturers, importers, distributors, wholesalers, and
retailers. Requires a retailer to obtain a separate license for
each retail location that sells cigarettes and tobacco products.
Requires BOE to suspend or revoke a retailer's license upon
notification by DPH of certain STAKE Act violations. Permits
BOE to assess various civil penalties for violations of the
CTPLA.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor nonreimbursable local law enforcement costs,
offset to a limited degree by fine revenue.
AB 216
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COMMENTS:
Purpose of the bill: According to the author, the intent of this
bill is to make it illegal for retail stores to sell nonnicotine
vaping/electronic cigarette devices to anyone under the age of 18.
Current law only prevents minors from purchasing
vaping/electronic cigarette devices with nicotine cartridges.
Even though these devices come without nicotine, it is still a
filtration device that can be used for smoking cannabis, nicotine,
or other herbal substances.
The author declares that electronic cigarettes and vape pens often
target a younger audience using sweet flavored compounds that
carry the names of popular kid's treats such as gummy bears and
fruit loops. Although they do not have nicotine, these compounds
have been shown to contain other harmful chemicals, masked by the
candy-flavored vapor. Minors under the age of 18 years old are
now free to purchase and use these products. Retailers have taken
the opportunity to market and sell them to minors by promoting
flavored cartridges such as caramel, cherry limeade, strawberry,
banana bread, papaya, and others.
The author maintains, "While some are using e-cigarettes and vape
pens as a way to quit smoking, studies suggest that adolescents
who use ecigarettes are more likely to progress from experimenting
with the product to becoming established smokers. In fact, the
number of children using e-cigarettes or vape pens has doubled
every year since 2009."
The author states, the goal of this bill is "to protect our
children who have become prey to vendors with strategically named,
non-nicotine products, with fun flavors like 'Kool-Aid' and
'Skittles.' Unlike candy cigarettes, that became socially
unacceptable, these products are dangerous for children and act as
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a gateway to future tobacco use."
Background:
What is vaping? Vaping is defined as the act of inhaling water
vapor through a personal vaporizer or electronic cigarette. When
users draw on the device, the battery heats the liquid, which is
then atomized into an inhalable vapor. Vaping products are
available in specialty stores and convenience stores around the
United States with varying restrictions on purchase by youth under
18.
What are electronic cigarettes? Electronic cigarettes are
battery-operated inhalers that consist of a rechargeable,
battery-operated heating element, a replaceable cartridge that may
contain nicotine or other chemicals, and an atomizer that, when
heated, converts the contents of the cartridge into a vapor. The
user can then inhale this vapor. The product is often made to
look like such products as cigarettes, cigars, and pipes.
Electronic cigarettes are sometimes made to look like everyday
items such as pens and Universal Serial Bus (USB) memory sticks.
Electronic cigarettes have been sold in the United States since
2007. The biggest markets are Europe and North America. Sales
are banned in 13 of the 59 countries that regulate the devices,
the World Health Organization reported, but most of those 13
countries say they are still available because of illicit trade
and cross-border Internet sales.
Reports have stated that adolescents might be influenced to try
electronic cigarettes because of how they are priced and promoted.
They can be cheaper than traditional cigarettes and may be
perceived as safer. Other features, like flavors can also support
use in this age group.
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DPH Report: Although they do not contain nicotine, vaping
compounds have been shown to contain other harmful, potentially
carcinogenic chemicals. The DPH's January 2015 report on
electronic cigarettes, A Community Health Threat, stated the
aerosol compounds used in vaping products were found to contain at
least 10 ingredients known to cause cancer, and that aerosols
contained higher concentrations of certain harmful heavy metals
and silicate particles than are present in traditional cigarettes.
FDA Regulation: On April 24, 2014, the federal Food and Drug
Administration released proposed regulations on electronic
cigarettes, including a ban on sales to minors. It remains
unclear whether those rules will include nonnicotine vaping
products; they have yet to be finalized.
Policy consideration: This bill is similar to SB 882 (Corbett),
Chapter 310, Statutes of 2010, in that it is attempting to make
unlawful, for a person to sell or otherwise furnish a "non-tobacco
product" to a person under 18 years of age.
Prior Legislation: SB 648 (Corbett) of the 2014 Regular Session,
would have prohibited the offer, sale, or distribution of
electronic cigarettes from a vending machine or other coin or
token operated mechanical device or appliance, unless that machine
or appliance is located on a premises issued an on-sale public
license to sell alcoholic beverages and is at least 15 feet from
the entrance to that premises. (Failed Passage in Assembly
Appropriations Committee).
AB 1500 (Dickinson) of the 2014 Regular Session, would have
prohibited a seller that delivers products via shipping or mailing
from selling or delivering an electronic cigarette to a person
under 18 years of age. (Failed Passage in Assembly Appropriations
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Committee)
SB568 (Steinberg), Chapter 336, Statues of 2013, prohibited an
operator of an Internet Web site, online service, online
application, or mobile application, as specified, from marketing
or advertising electronic cigarettes to a minor.
SB 882 (Corbett), Chapter 310, Statutes of 2010, made it unlawful,
to the extent not preempted by federal law, for a person to sell
or otherwise furnish an electronic cigarette to a person under 18
years of age.
SB 400 (Corbett) of the 2010 Regular Session, would have defined
electronic cigarettes as drugs under state law, making them
subject to the Sherman Food, Drug, and Cosmetic Law, and would
have allowed the Department of Public Health to halt the sale,
distribution, or offering of electronic cigarettes as part of its
enforcement of the STAKE Act. (Vetoed by the Governor)
SB 1766 (Ortiz), Chapter 686, Statutes of 2002, required that all
sales of cigarettes in the state be vendor-assisted, face-to-face
sales unless the seller receives valid identification, that the
purchaser is over 18, the product is shipped to the address
provided on the identification, the sales is at least for two
cartons, and the seller either provides the BOE with all taxes due
on the sale or includes with the shipment a notice that the
purchaser is responsible for state taxes.
AB 1830 (Frommer), Chapter 685, Statutes of 2002, prohibited the
sales of tobacco products to minors through the United States
Postal Service or through any other public or private postal or
package delivery service, and imposes specified age-verification
requirements on tobacco product sellers or distributors.
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SB 1927 (Hayden), Chapter 1009, Statutes of 1994, enacted the
STAKE Act to address the increase in tobacco sales to minors in
California and fulfill the federal mandate that prohibited the
sale of cigarettes and tobacco products to minors.
Analysis Prepared by:
Eric Johnson / G.O. / (916) 319-2531 FN: 0000248