Bill Text: CA SB648 | 2013-2014 | Regular Session | Amended

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Bill Title: Electronic cigarettes: restriction of use and advertising.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-13 - Set, second hearing. Hearing canceled at the request of author. [SB648 Detail]

Download: California-2013-SB648-Amended.html

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BILL NUMBER: SB 648	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 2, 2014
	AMENDED IN ASSEMBLY  JUNE 18, 2014
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  APRIL 22, 2013

INTRODUCED BY   Senator Corbett

                        FEBRUARY 22, 2013

   An act to amend Section 22960 of the Business and Professions
Code, relating to electronic cigarettes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 648, as amended, Corbett. Electronic cigarettes: restriction of
use and advertising.
   Existing law defines an electronic cigarette as a device that can
provide an inhalable dose of nicotine by delivering  an
inhalable   a vaporized  solution. Existing law, to
the extent not preempted by federal law, makes it unlawful for a
person to sell or otherwise furnish an electronic cigarette to a
person under 18 years of age.
   Existing law, the Stop Tobacco Access to Kids Enforcement Act or
the STAKE Act, requires the State Department of Public Health to
establish and develop a program to reduce the availability of tobacco
products to minors and to enforce the provisions of the act. Among
other things, the act prohibits a cigarette or tobacco product from
being sold, offered for sale, or distributed from a vending machine
or appliance, or any other coin or token operated mechanical device
designed or used for vending purposes, unless the machine or
appliance is located at least 15 feet away from the entrance of a
premise that has been issued an on-sale public premises license to
sell alcoholic beverages, as specified. The act authorizes the
adoption of more restrictive local standards that further restrict
access to and reduce the availability of cigarette or tobacco
products from vending machines or devices or ban the sale entirely.
   This bill would make the provision of the STAKE Act restricting
the sale of cigarette and tobacco products from vending machines
applicable to electronic cigarettes, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 22960 of the Business and Professions Code is
amended to read:
   22960.  (a) Except as provided in subdivision (b), no cigarette
 , electronic cigarette,  or tobacco product shall be sold,
offered for sale, or distributed from a vending machine or appliance,
or any other coin or token operated mechanical device designed or
used for vending purposes, including, but not limited to, machines or
devices that use remote control locking mechanisms.
   (b) (1) Commencing January 1, 1996, cigarette or tobacco product
vending machines or  appliances   appliances,
and, commencing January 1, 2015, electronic cigarette product vending
machines or appliances,  may be located at least 15 feet away
from the entrance of a premise issued an on-sale public premises
license as defined in Section 23039 by the Department of Alcoholic
Beverage Control to sell alcoholic beverages.
   (2) As used in this subdivision "at least 15 feet away from the
entrance" means within the premises of the licensed establishment and
not outside those premises.
   (c) This section and subdivision (b) of Section 22958 set forth
minimum state restrictions on the sale of  cigarettes
  cigarettes,   electronic cigarettes,  or
tobacco products from vending machines or devices and do not preempt
or otherwise prohibit the adoption of a local standard that further
restricts access to and reduces the availability of cigarette  ,
electronic cigarette,  or tobacco products from vending machines
or devices or that imposes a complete ban on the sale of 
cigarettes   cigarettes, electronic cigarettes,  or
tobacco products from vending machines or devices. A local standard
that further restricts or imposes a complete ban on the sale of
 cigarettes   cigarettes, electronic cigarettes,
 or tobacco products from vending machines or devices shall
control in the event of an inconsistency between this section and a
local standard.
   (d) For purposes of this section,  a cigarette includes
 an electronic  cigarette, as defined  
cigarette has the meaning set forth  in Section 119405 of the
Health and Safety Code.