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What are the tobacco laws in California?

The sale of flavored tobacco and menthol products now illegal in California

flavortobacc

ABOUT THE CAMPAIGN

SB7 793 is a new law that took effect December 21, 2022, and bans the sale of certain flavored products including:

  • menthol cigarettes
  • chewing tobacco
  • snuff
  • little cigars
  • e-cigarettes/vapes

At this time, the following products are not covered under the law and are still allowed to be sold throughout California:

  • flavored hookah/shisha sold in stores that only admit people 21+
  • flavored loose-leaf pipe tobacco
  • flavored premium cigars over $12

Stores may be fined $250 per violation of the law.

Communities can now decide how the law will be implemented locally.

To learn how you can share your voice, please call the Tobacco Use Prevention Program (TUPP) at (714) 541-1444 or click one of the links below.

GET INVOLVED IN THE MOVEMENT

Who we are:

  • A group of dedicated La Habra residents who want to promote healthy, tobacco-free living

What we do:

  • Raise awareness in La Habra on the harmful effects of smoking, secondhand smoke, and flavored tobacco, including vapes

Benefits of joining:

  • Expand the effort of dedicated La Habra residents to reduce youth access to tobacco and prevent secondhand smoke exposure
  • Receive support and specialized trainings to reach our goals
  • Improve community health with high quality tobacco use prevention services

Click the link or scan the QR code to sign-up:

vapefreecoalitionqrcode

Click to download a flyer here. Spanish Version

Effective January 1, 2024Assembly Bill (AB) 935 (Chapter 135, Statutes of 2023) strengthens the California flavored tobacco products retail law, Senate Bill (SB) 793, by establishing the California Department of Public Health (CDPH) as the primary state enforcement agency, increases penalties for retailers who do not comply with the law, and changes the definition of a retail location. If you have enforcement questions or to report potential violations of the state flavored tobacco products retail law please contact the CDPH Office of Youth Tobacco Enforcement (OYTE), which is the primary state enforcement agency. They can be reached by emailing OYTE@cdph.ca.gov. For more information, please contact Marilyn Headley, (916) 552-8268.

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Smoke-free Workplace Laws

In order to protect the health of employees, California Labor Code Section 6404.5 prohibits smoking in the workplace. It is against the law to smoke in an enclosed space at a place of employment. Enclosed space includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.

Tobacco Sales Laws

California Penal Code Section 308(a) and The STAKE Act prohibit sales of tobacco and tobacco paraphernalia, including electronic cigarettes, to persons under the age of 21. Active duty military personnel who are at least 18 years old are exempt, but they must show a valid, unexpired ID card issued by the United States Armed Forces.

STAKE Act Sticker 2021

Tobacco, electronic cigarettes, and tobacco paraphernalia must be kept out of reach of customers.  This means no self-serve displays (except in tobacco stores, which still must keep cigarettes unreachable) and no vending machines in stores where minors have access.  Cigarettes must be sold in their original pack; it is illegal to sell single cigarettes.

STAKE Act signs must be posted where the customer can see them, at each cash register. All tobacco retailers are required to have their valid California Cigarette and Tobacco Products Retailer's License posted where the public can see it. For information on how to obtain a California Cigarette and Tobacco Products Retailer's License, visit the California Department of Tax and Fee Administration website.  

To read more about California’s tobacco laws, go to Change Lab Solution’s publication here:  http://changelabsolutions.org/publications/tobacco-laws-affecting-california


Page Last Updated: March 23, 2023