BILL ANALYSIS
SB 400
Page 1
SENATE THIRD READING
SB 400 (Corbett)
As Amended September 2, 2009
Majority vote
SENATE VOTE : 23-15
GOVERNMENTAL ORGANIZATION 18-0 APPROPRIATIONS 17-0
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|Ayes:|Coto, Anderson, Chesbro, |Ayes:|De Leon, Conway, Ammiano, |
| |Cook, | | |
| |De Leon, Galgiani, Hall, | |Charles Calderon, Coto, |
| |Hill, Jeffries, Lieu, | |Davis, Duvall, Fuentes, |
| |Mendoza, Nestande, | |Hall, Harkey, Miller, |
| |V. Manuel Perez, | |John A. Perez, Skinner, |
| |Portantino, Silva, | |Solorio, Audra |
| |Torres, Torrico, Tran | |Strickland, Torlakson, |
| | | |Hill |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Updates the Stop Tobacco Access to Kids Enforcement
(STAKE) Act to define electronic cigarettes under state law and
to halt the sale of electronic cigarettes. Specifically, this
bill :
1)Deletes "tobacco substitute" from this bill's definition of
tobacco product.
2)Deletes proposed definition of "tobacco substitute."
3)Classifies electronic cigarettes and any similar devices that
can provide inhaled doses of nicotine by delivering a
vaporized solution as a drug.
4)Expands the duties of the state Department of Public Health's
Food and Drug Section inspectors so they can enforce the
prohibition of the sale, distribution, or offering for sale of
electronic cigarettes if they have not been approved or
cleared by the federal Food and Drug Administration.
5)Requires that the suppliers and sellers of electronic
cigarettes be in full compliance of established state law
relevant to the distribution of tobacco products to minors.
SB 400
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6)Adds co-authors.
7)Makes technical and conforming changes.
EXISTING LAW :
1)Requires states to enact and enforce laws that prohibit the
sale of cigarettes and tobacco products to minors under the
age of 18.
2)Makes it a misdemeanor, subject to civil action and fines, any
individual who knowingly or under circumstances furnishes,
gives, or sells cigarettes or tobacco products to minors under
the age of 18.
3)Provides that any individual desiring to engage in the sale of
cigarettes or tobacco products as a distributor shall file
with the BOE an application for a distributor's license. A
distributor must apply and obtain a license for each place of
business where he or she will engage in the business of
distributing cigarettes or tobacco products.
4)Provides that any individual desiring to engage in the sale of
cigarettes or tobacco products as a wholesaler shall file with
the BOE an application for a wholesaler's license. A
wholesaler must apply and obtain a license for each place of
business where he or she will engage in the business of
selling cigarettes or tobacco products as a wholesaler.
5)Requires, under the Stop Tobacco Access to Kids Enforcement
(STAKE) Act:
a) Retailers from selling cigarettes and tobacco products
to minors under the age of 18 and requires that retailers
check identification of individuals trying to buy
cigarettes and tobacco products who appear under the age of
18;
b) Increases civil penalties and expands the number of
agencies that are permitted to carry out investigations of
illegal tobacco sales to minors from the State Department
of Public Health (DPH) to include the Attorney General and
other state and local agencies;
SB 400
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c) Makes certain violations of the STAKE Act a criminal
offense;
d) Requires DPH to take primary responsibility for
enforcement of the STAKE Act and requires DPH to conduct
random, onsite inspections of retail sites;
e) Requires DPH to enlist the assistance of persons who are
15 or 16 years of age for this purpose and requires the DPH
to adopt and publish guidelines for the use of minors in
inspections;
f) Requires the peace officer accompanying the minor to
re-enter the retail site following the completion of a sale
and inform the seller of the random inspection. Existing
law requires DPH, following an attempted sale, to notify
the retailer of the inspection;
g) Permits DPH to enter into an agreement with a local law
enforcement agency for delegation of enforcement of the
STAKE Act;
h) Requires any enforcement by DPH, in cases where DPH has
delegated enforcement to a local law enforcement agency, to
be coordinated with the local law enforcement agency and
prohibits duplication of enforcement activities that result
in a duplication of civil penalties or assessments; and,
i) Requires DPH to reimburse local law enforcement agencies
for enforcement costs pursuant to delegation contracts from
the Sale of Tobacco to Minors Control Account, which was
created under the STAKE Act and receives moneys collected
as civil penalties under the Act.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs are deemed minor, if any, nonreimbursable
incarceration costs as this bill changes the definition of an
existing crime.
COMMENTS : According to the author, a study published by the
Journal of the National Cancer Institute found that teens were
more likely to be influenced to smoke by cigarette marketing
than by peer pressure. The author states that a similar report
published by the Journal of the American Medical Association
discovered that approximately one-third of underage
SB 400
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experimentation with smoking was attributable to tobacco company
marketing efforts.
The most recent innovation in marketing tobacco products to the
public is electronic cigarettes. Electronic cigarettes are a
tobacco substitute that is being marketed as a healthy and
smokeless alternative to traditional cigarettes. These devices
are battery-operated, rechargeable drug delivery devices that
look similar to cigarettes and allow the user to inhale a
smokeless vapor that often contains nicotine.
According to the author, electronic cigarettes are unregulated
by both state and federal laws. The author claims that because
the producers of electronic cigarettes, many of which are
predominantly foreign-based companies, have not applied for
approval from the Food and Drug Administration, some retailers
have taken the opportunity to market and sell these products to
adults and minors, alike, through using shopping mall kiosks and
promoting flavored cartridges.
This bill seeks to prohibit the sale, distribution, or offering
for sale of electronic cigarettes in California as long as they
have not been approved or certified by the federal Food and Drug
Administration.
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
FN: 0002716