California SB 793, ratified by voters as Proposition 31 in 2022, bans most flavored tobacco product sales statewide. Berkeley enforces the ban locally and prohibits hookah lounges from opening near schools.
California Senate Bill 793 (Health and Safety Code section 104559.5) prohibits the retail sale of most flavored tobacco products, including menthol cigarettes, flavored cigars, and flavored vape pods. Voters upheld the law as Proposition 31 in November 2022. Berkeley retailers may not sell flavored cigarettes, flavored e-liquids, or flavored cigars (except premium cigars and loose-leaf tobacco). Berkeley enforces the ban through its tobacco retail license and Alameda County tobacco enforcement, and prohibits hookah lounges from opening within 1,000 feet of schools or parks under local zoning.
Selling flavored tobacco can lead to suspension or revocation of the Berkeley tobacco retail license, civil fines under state law, and California Department of Tax and Fee Administration penalties.
See how other cities in Alameda County handle flavored tobacco bans.
See how Berkeley's flavored tobacco bans rules stack up against other locations.
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