The California Law SB-793 prohibits the sale of most
flavored tobacco products. Flavored tobacco products
include, but are not limited to, flavored cigarettes,
flavored smokeless tobacco products, and flavored electronic
cigarettes or e-liquids. This law does not penalize anyone
who purchases, uses, or possesses a flavored tobacco
product. For background information about the law, visit
Undo.org.
The
California Department of Public Health also has information
about the law for tobacco retailers.
On May 23, 2023, the Board of Supervisors adopted an updated
Tobacco Retailer Permit Ordinance increasing penalties on
businesses that sell cigarettes and other tobacco products to
minors. The ordinance is in effect. The current provisions will:
- Fine up to $500 for a first violation, and up to $1,000 for
all subsequent violations within a 60-month period.
- Prohibit issuing new Tobacco Retailer Permits to any location
within 1,000 feet of a “youth-populated area” or within 500 feet
of an existing tobacco retailer.
- Mandate a fine for any ordinance violations and suspension of
permit if a business is found to have sold tobacco products to
persons under the age of 21.
- Require two on-site inspections by San Mateo County
Environmental Health Services per year.
San Mateo County’s Tobacco Retailer Permit Ordinance affects
tobacco retailers operating in unincorporated areas of the county
and the following cities which have adopted the ordinance:
San Carlos, San
Mateo, and
Millbrae.
More jurisdictions in San Mateo County have adopted their own
local ordinances restricting the sale of flavored tobacco and/or
electronic cigarettes. Tobacco retailers in those
jurisdictions must continue to comply with the local
restrictions. Tobacco retailers who continue to sell
flavored tobacco products place themselves at risk of receiving a
fine and/or having their local tobacco retailer permit suspended.
These ordinances serve to address the recent increase in flavored
tobacco (i.e. e-cigarettes, vapes, etc.) use among youth and
young adults, which has led to an “epidemic”, as declared by the
Food and Drug Administration and the U.S. Surgeon General in the
fall of 2018.
Resources that may be helpful to understand the issue: