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

California Assembly Bill 216 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

BILL NUMBER: AB 216	AMENDED
	BILL TEXT

	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, as amended, 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.
  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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  shall be   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).   301 et
seq.). 
   (c) A violation of this section  shall be  
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. 2.   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.