Penal Code § 308

Business and Professions Code § 22958

This law prohibits any person, firm or corporation from selling, giving, or in any way furnishing any tobacco product or paraphernalia (including cigarettes and cigarette papers) to a person under the age of 18.
Exception: Violators may be penalized under either this section or Penal Code § 308 for a violation; they may not be penalized under both for the same incident.

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Business and Professions Code §§ 22952, 22958
The Department of Health Services shall conduct inspections of tobacco retailers using youth decoys to see if the retailer sells tobacco products to a minor. Inspections may be conducted (1) by random selection or (2) in response to reports of violations of state law, including reports made on the 1-800-5ASK-4-ID phone line.

This bill authorizes the Department of Health Services to conduct onsite sting inspections in response to public complaints regarding the sale of tobacco products to minors or at retail locations where previous violations have occurred; and provides various other authorizations and restrictions designed to support the limits of the sales of tobacco products to minors.

Business and Professions Code § 22956
Retailers must check the identification of tobacco purchasers who reasonably appear to be under 18 years of age.

Tobacco Retailer License Business and Professions Code 22971.3, 22972-22973.1, 22980.2

Tobacco retailers must be licensed by the State Board of Equalization for each tobacco retail location. A fee of $100.00 is assessed one time for each retail location (including vending machines).

Cities having additional tobacco retail licenses:

Santa Ana

Business and Professions Code § 22960

Tobacco products shall not be sold from vending machines. Exception: Vending machines may be located in a premise issued an on-sale public premises license to sell alcoholic beverages, provided that the machine is at least 15 feet away from any entrance to the premises. Local governments may pass a law completely banning tobacco vending machines. Seven cities in Orange County prohibit all cigarette vending machines.

Business and Professions Code § 22962

This bill prohibits any person engaged in the retail sale of any tobacco products to sell, offer for sale, or display any tobacco product by self-service display, as defined, except in specified circumstances, and would impose civil penalties for violation of this prohibition. It authorizes the Attorney General, a city attorney, a county counsel, or a district attorney to bring a civil action to enforce this provision.

Business and Professions Code § 17537.3

Free samples of smokeless tobacco products may not be distributed within a two block radius of any premises or facility whose primary purpose is directed toward persons under the age of 18 including schools, clubhouses and youth centers when those premises are being used for their primary purposes.

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California Code of Regulations, Title 17, §6905
Any distributor or wholesaler of tobacco products, and any cigarette vending machine operator shall annually provide to the California Department of Health Services, the names and addresses of those persons to whom they provide tobacco products, including dealers.

Revenue and Taxation Code §§ 30140-30149
Tobacco distributors must be licensed by the Board of Equalization for each place of business.

Revenue and Taxation Code §§ 30155-30159
Tobacco wholesalers must be licensed separately for each place of business. This free license must be prominently displayed at each place of business.

Health and Safety Code § 118950 (amended by SB 757)
This bill imposes an infraction or civil penalty for the manufacturing, distribution, sale, or offering of a package of cigarettes that does not contain at least 20 cigarettes or a  package of roll-your-own tobacco that does not contain at least 0.60 ounces of tobacco. Because this bill creates a new infraction, thus imposing new duties upon local agencies, the bill would constitute a state-mandated local program. This bill provides that no reimbursement is required.

Health and Safety Code § 104550

Cigar manufacturers or importers must label each retail package of cigars with one of the warnings listed in the law. Display boxes or containers used to sell individual cigars must be clearly labeled.

15 U.S.C. § 1333

Cigarettes may not be manufactured, packaged, or imported for sale or distribution unless they bear one of the Surgeon General’s warning labels. It is also unlawful for manufacturers, packagers, or importers to advertise cigarettes without one of the warning labels.

15 U.S.C. § 4402

Smokeless tobacco products may not be manufactured, packaged, or imported for sale or distribution unless they bear one of the warning labels listed in the law. Manufacturers, packagers, or importers also may not advertise smokeless tobacco products without one of the warning labels.

MSA, § III (k)

A minimum pack size of 20 cigarettes is required until December 31, 2001. Tobacco companies are prohibited from opposing a state law setting a minimum pack size of 20 cigarettes.

Exception: If the state or local governments do not pass such a law, tobacco companies may resume the manufacture, sale, and distribution of reduced size packs ("kiddie packs") after December 31, 2001.

MSA, § III (b)

Prohibits gifts in exchange for the purchase of a tobacco product unless the recipient provides sufficient proof that he or she is an adult. 

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