Bill Text: CA AB216 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 216 (Prior Session Legislation)

Bill Title: Product sales to minors: vapor products.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 769, Statutes of 2015. [AB216 Detail]

Download: California-2015-AB216-Chaptered.html

BILL NUMBER: AB 216	CHAPTERED
	BILL TEXT

	CHAPTER  769
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2015
	APPROVED BY GOVERNOR  OCTOBER 11, 2015
	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  AUGUST 31, 2015
	AMENDED IN SENATE  JUNE 29, 2015
	AMENDED IN ASSEMBLY  APRIL 13, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        FEBRUARY 2, 2015

   An act to add Chapter 5 (commencing with Section 24600) to
Division 20 of the Health and Safety Code, relating to product sales
to minors.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 216, Cristina Garcia. Product sales to minors: vapor products.
   Existing law prohibits the sale of electronic cigarettes to people
under 18 years of age. Existing law defines "electronic cigarette"
as a device that can provide an inhalable dose of nicotine by
delivering a vaporized solution.
   This bill would prohibit the sale of any device intended to
deliver a nonnicotine product in a vapor state, to be directly
inhaled by the user, to a person under 18 years of age, or to a
person under 21 years of age if SB 151 of the 2015-16 Regular Session
is enacted and takes effect. The bill would exempt from its
prohibition the sale of a drug or medical device that has been
approved by the federal Food and Drug Administration. Because this
bill would create a new crime or infraction, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 5 (commencing with Section 24600) is added to
Division 20 of the Health and Safety Code, to read:
      CHAPTER 5.  PRODUCT SALES TO MINORS


   24600.  (a) It is unlawful for a person to sell or otherwise
furnish any device intended to deliver a nonnicotine product in a
vapor state, to be directly inhaled by the user, to a person under 18
years of age.
   (b) Subdivision (a) does not prohibit the sale or furnishing of a
drug or medical device that has been approved by the federal Food and
Drug Administration pursuant to the federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 301 et seq.).
   (c) A violation of this section is an infraction punishable by a
fine not exceeding five hundred dollars ($500) for the first
violation, by a fine not exceeding one thousand dollars ($1,000) for
the second violation, or by a fine not exceeding one thousand five
hundred dollars ($1,500) for a third or subsequent violation.
  SEC. 2.  Chapter 5 (commencing with Section 24600) is added to
Division 20 of the Health and Safety Code, to read:
      CHAPTER 5.  PRODUCT SALES TO MINORS


   24600.  (a) It is unlawful for a person to sell or otherwise
furnish any device intended to deliver a nonnicotine product in a
vapor state, to be directly inhaled by the user, to a person under 21
years of age.
   (b) Subdivision (a) does not prohibit the sale or furnishing of a
drug or medical device that has been approved by the federal Food and
Drug Administration pursuant to the federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 301 et seq.).
   (c) A violation of this section is an infraction punishable by a
fine not exceeding five hundred dollars ($500) for the first
violation, by a fine not exceeding one thousand dollars ($1,000) for
the second violation, or by a fine not exceeding one thousand five
hundred dollars ($1,500) for a third or subsequent violation.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 4.  (a) Section 1 of this act shall become operative only if
Senate Bill 151 of the 2015-16 Regular Session is not enacted or does
not become effective.
   (b) Section 2 of this act shall become operative only if Senate
Bill 151 of the 2015-16 Regular Session is enacted and becomes
effective.