BILL NUMBER: AB 2426 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2000
INTRODUCED BY Assembly Member Wesson
FEBRUARY 24, 2000
An act to add Section 308.1 to the Penal Code, relating to
tobacco.
LEGISLATIVE COUNSEL'S DIGEST
AB 2426, as amended, Wesson. Tobacco products: bidis.
Under existing law, it is a misdemeanor for any person, firm, or
corporation to knowingly sell, give, or in any way furnish to another
person who is under the age of 18 years any tobacco or products
prepared from tobacco. A violation of this prohibition is a
misdemeanor and is subject to civil action.
This bill would make it a misdemeanor an
infraction for a person , firm, corporation, or business
to sell, offer manufacture for
sale, distribute, or import any tobacco product commonly
referred to as "bidis" or "beedies" to any person
sell, or offer to sell any cigarette, except in a package containing
at least 20 cigarettes or any loose tobacco, except in a package
containing at least 0.60 ounces of tobacco . The bill would
subject a person who violates this section to civil action.
Existing law defines "cigarette" for purposes of the Cigarette and
Tobacco Products Tax law.
This bill would define "cigarette" in a similar manner for
purposes of the bill, except the definition would expressly include
bidi or beedie cigarettes.
By creating a new crime, this 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:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Bidis (also spelled "beedies") are small, flavored,
filterless unfiltered or scarcely filtered
Indian cigarettes that have been gaining rapid popularity among
America's teenagers.
(b) Bidis are not a safe alternative to cigarettes or other
tobacco products. Available scientific research indicates that bidi
smokers run the risk of developing oral cancers, lung cancers, and
other health problems.
(c) Unlike most cigarettes, bidis are unfiltered or scarcely
filtered and may have more deleterious health effects than
cigarettes. Research suggests that an unfiltered bidi
releases three to five times more tar and nicotine than a regular
cigarette, despite containing less tobacco. Bidi smoke also contains
more deadly chemicals such as ammonia and carbon monoxide than
regular cigarette smoke. The Massachusetts Department
of Public Health recently issued a report comparing the smoke yields
of cigarettes and bidis. The report concluded that bidi smoke yields
nearly four times the amount of carbon monoxide, about six times the
amount of nicotine, and more than five times the amount of tar when
compared to that of "typical filter tip cigarettes."
(d) Bidis are easier for underage smokers to buy. A recent study
conducted in San Francisco found that bidis were sold to minors
without age identification twice as often as regular cigarettes.
(e) The same San Francisco research project found that 41 percent
of the bidis purchased had no tax stamp, and almost seven out of 10
packs had no health warning label. This strongly suggests that bidis
have not been rigorously subjected to the relevant health and
customs regulations .
(f) More than 325,000 children are thought to labor in the bidi
industry in India, in violation of child labor laws. Bidi rolling is
classified as hazardous because the working position produces
chronic back pain, interferes with normal growth patterns, and causes
physical deformation. Bidi rollers also suffer lung disease from
constantly inhaling tobacco dust and have high rates of tuberculosis,
asthma, and other lung disorders.
SEC. 2. Section 308.1 is added to the Penal Code, to read:
308.1. (a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any tobacco product
commonly referred to as "bidis" or "beedies."
(b) For purposes of this section, "bidis" or "beedies" means a
product containing tobacco that is wrapped in temburni leaf
(diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any
other product that is offered to, or purchased by, consumers as bidis
or beedies.
(c) A violation of this section is a misdemeanor.
(d) Any person who violates this section is subject to a civil
action brought by a city attorney, a county counsel, or a district
attorney. Nothing in this subdivision is intended to affect any
other civil remedies available for a violation of this section.
308.1. (a) A person, firm, corporation, or business may not
manufacture for sale, distribute, sell, or offer to sell any
cigarette, except in a package containing at least 20 cigarettes.
(b) A person, firm, corporation, or business may not manufacture
for sale, distribute, sell, or offer to sell any loose tobacco,
except in a package containing at least 0.60 ounces of tobacco.
(c) Any person, firm, corporation, or business that violates this
section is liable for an infraction.
(d) Any person, firm, corporation, or business that violates this
section is liable in an action brought by the Attorney General, a
district attorney, a county counsel, or a city attorney for a civil
penalty in the amount of two hundred dollars ($200) for the first
violation, five hundred dollars ($500) for a second violation, and
one thousand dollars ($1,000) for each succeeding violation in excess
of two violations.
(e) For the purposes of this section, "cigarette" shall have the
same meaning as specified in Section 30003 of the Revenue and
Taxation Code and shall include "bidi" or "beedie" cigarettes.
(f) For the purposes of this section, "bidi" or "beedie"
cigarettes are a product containing tobacco that is wrapped in
temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros
exculpra), or any other product that is offered to, or purchased by,
consumers as bidis or beedies.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.