SB 648, as amended, Corbett. Electronic cigarettes: restriction of use and advertising.
Existing law defines an electronic cigarette as a device that can provide an inhalable dose of nicotine by deliveringbegin delete an inhalableend deletebegin insert a vaporizedend insert solution. Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age.
Existing law, the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act, requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to minors and to enforce the provisions of the act. Among other things, the act prohibits a cigarette or tobacco product from being sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, unless the machine or appliance is located at least 15 feet away from the entrance of a premise that has been issued an on-sale public premises license to sell alcoholic beverages, as specified. The act authorizes the adoption of more restrictive local standards that further restrict access to and reduce the availability of cigarette or tobacco products from vending machines or devices or ban the sale entirely.
This bill would make the provision of the STAKE Act restricting the sale of cigarette and tobacco products from vending machines applicable to electronic cigarettes, as defined.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 22960 of the Business and Professions
2Code is amended to read:
(a) Except as provided in subdivision (b), no cigarettebegin insert,
4electronic cigarette, end insert or tobacco product shall be sold, offered for
5sale, or distributed from a vending machine or appliance, or any
6other coin or token operated mechanical device designed or used
7for vending purposes, including, but not limited to, machines or
8devices that use remote control locking mechanisms.
9(b) (1) Commencing January 1, 1996, cigarette or tobacco
10product vending machines orbegin delete appliancesend deletebegin insert
appliances, and,
11commencing January 1, 2015, electronic cigarette product vending
12machines or appliances,end insert may be located at least 15 feet away from
13the entrance of a premise issued an on-sale public premises license
14as defined in Section 23039 by the Department of Alcoholic
15Beverage Control to sell alcoholic beverages.
16(2) As used in this subdivision “at least 15 feet away from the
17entrance” means within the premises of the licensed establishment
18and not outside those premises.
19(c) This section and subdivision (b) of Section 22958 set forth
20minimum state restrictions on the sale ofbegin delete cigarettesend deletebegin insert cigarettes,
21
electronic cigarettes,end insert or tobacco products from vending machines
22or devices and do not preempt or otherwise prohibit the adoption
23of a local standard that further restricts access to and reduces the
24availability of cigarettebegin insert, electronic cigarette,end insert or tobacco products
25from vending machines or devices or that imposes a complete ban
26on the sale ofbegin delete cigarettesend deletebegin insert cigarettes, electronic cigarettes,end insert or tobacco
P3 1products from vending machines or devices. A local standard that
2further restricts or imposes a complete ban on the sale ofbegin delete cigarettesend delete
3begin insert
cigarettes, electronic cigarettes,end insert or tobacco products from vending
4machines or devices shall control in the event of an inconsistency
5between this section and a local standard.
6(d) For purposes of this section,begin delete a cigarette includesend delete an electronic
7begin delete cigarette, as definedend deletebegin insert cigarette has the meaning set forthend insert in Section
8119405 of the Health and Safety Code.
O
94