Federal Tobacco 21 (Public Law 116-94) and California Business and Professions Code section 22963 bar San Diego retailers from selling cigarettes, cigars, vapes, or any tobacco product to anyone under 21. Photo ID is mandatory at every transaction.
Since December 2019, the federal Tobacco 21 amendment to the Food, Drug, and Cosmetic Act has set the national minimum sales age at 21 for all tobacco and vape products. California codified the same age in Business and Professions Code section 22963 and STAKE Act enforcement. San Diego retailers operating under SDMC section 32.51 must check government-issued photo identification for any buyer who appears under 27 and cannot rely on military exemptions. Sales by self-service vending machines are barred except in adult-only premises. The County Public Health Department and FDA conduct undercover compliance checks; multiple violations can suspend or revoke the city Tobacco Retail License.
Selling tobacco to a person under 21 is a misdemeanor under state STAKE Act enforcement and grounds for SDMC section 32.5106 license suspension, with civil fines up to about six thousand dollars per repeat offense.
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