California Statewide Rule
California Flavored Tobacco Statewide Sales Ban
Key Facts
- Statute
- Health & Safety 104559.5
- Enacting Law
- SB 793 (2020)
- Voter Ratification
- Prop 31 (2022)
- Premium Cigar Exemption
- Over $12
Summary
California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.
(b) (1) A tobacco retailer, or any of the tobacco retailer's agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer.
Full Breakdown
Health and Safety Code 104559.5 prohibits tobacco retailers from selling flavored tobacco products including flavored cigarettes, e-cigarettes, vape liquids, and most flavored cigars. The law was enacted as SB 793 in 2020 and ratified by voters as Proposition 31 with about 63 percent support in November 2022. Limited exemptions cover loose-leaf pipe tobacco, premium cigars (priced over $12), and shisha tobacco sold in licensed hookah lounges. The ban applies to in-person retail sales statewide. Cities and counties cannot authorize flavored sales but may enforce stricter rules.
Violations & Penalties
Retailers face fines up to $250 per violation under Health and Safety Code 104559.5, plus potential STAKE Act penalties and tobacco retailer license actions.
Frequently Asked Questions
What flavored tobacco is banned in California?
Can a California city allow flavored tobacco sales?
Sources
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