BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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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          |           |      |               |        |      |                 |
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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