California Senate Bill 793, upheld by voters as Proposition 31 in 2022, bans the sale of most flavored tobacco products in Bakersfield. The ban covers menthol cigarettes, flavored vape pods, and flavored chew with limited exceptions.
California SB 793, codified at Health and Safety Code section 104559.5, prohibits in-store retail sale of most flavored tobacco products statewide. The ban took effect in December 2022 after voters approved Proposition 31. Bakersfield retailers cannot sell menthol cigarettes, flavored cigars, flavored e-liquids, or flavored chew. Narrow exceptions exist for premium loose-leaf tobacco, premium cigars priced above a state threshold, and shisha tobacco sold in licensed hookah lounges. Online direct-to-consumer sales remain regulated by federal law and the PACT Act. Kern County Public Health and the California Department of Tax and Fee Administration enforce against Bakersfield retailers.
Selling banned flavored tobacco products can lead to retailer license suspension, civil penalties of 250 dollars for first offense escalating to 500 dollars per subsequent violation, and possible criminal charges for repeat offenders.
See how Bakersfield's flavored tobacco bans rules stack up against other locations.
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