Effective January 1, 2024, Assembly 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.
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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.
