BILL ANALYSIS Ó
AB 216
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
216 (Cristina Garcia)
As Amended June 29, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (May 4, 2015) |SENATE: |35-2 | (August 24, |
| | | | | |2015) |
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Original Committee Reference: G.O.
SUMMARY: Makes it 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 or under 21 years of age, as specified.
Specifically, this bill:
1)Makes it 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. Raises the minimum age requirement to
21, contingent upon the passage and enactment of SB 151
(Hernandez) of the current legislative session.
2)Exempts the sale or furnishing of a drug or medical device
that has been approved by the federal Food and Drug
Administration (FDA) pursuant to the federal Food, Drug, and
Cosmetic Act.
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3)Specifies that a violation of the provisions in this bill is
an infraction punishable by a fine not to exceed $500, $1,000,
or $1,500 for a first, second, and third or subsequent
violation, respectively.
The Senate amendments changed the legal age in this bill to sell
a device intended to deliver a nonnicotine product in a vapor
state, to be directly inhaled by the user, from 18 to 21, if SB
151 is enacted.
EXISTING LAW:
1)Prohibits the sale or furnishing of electronic cigarettes
(e-cigs) to a person under 18 years of age. Defines e-cigs as
a device that can provide an inhalable dose of nicotine by
delivering a vaporized solution.
2)Authorizes the Department of Public Health (DPH), under the
Stop Tobacco Access to Kids Enforcement (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.
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.
AS PASSED BY THE ASSEMBLY, this bill prohibited 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS:
Purpose of this bill. According to the author, this bill will
make it illegal for retail stores to sell non-nicotine vaping
devices/e-cigs to anyone under the age of 18. Current law only
prevents minors from purchasing e-cigs with nicotine cartridges.
Even though these devices may come without nicotine, they are
still a filtration device that can be used for smoking cannabis,
nicotine, or other herbal substances.
E-cigs and vaping devices often target a younger audience using
sweet flavored compounds that carry the names of popular kids'
treats, such as gummy bears and Fruit Loops. Although they may
not have nicotine, these compounds have been shown to contain
other harmful chemicals, masked by the candy-flavored vapor.
Those under the age of 18 are now free to purchase and use these
products. Retailers have taken the opportunity to market and
sell them to minors. While some individuals may use e-cigs and
vaping devices as a way to quit smoking, studies suggest that
adolescents who use ecigs are more likely to progress from
experimenting with these products to becoming established
smokers. In fact, the number of children using e-cigs or vaping
devices has doubled every year since 2009.
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,
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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.
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.
Related legislation: SB 151 raises the minimum age to purchase
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tobacco products to 21. SB 151 is pending in the Assembly
Governmental Organization Committee.
Analysis Prepared by:
Eric Johnson / G.O. / (916) 319-2531 FN:
0001474