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San Mateo County, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Ordinance Code § 4.98.160(c)
Banned
Sale of any Flavored Tobacco Product/Flavor Enhancer
Also banned
Nicotine e-cigarette device sales, §4.98.160(b)
Pharmacies
Barred from selling tobacco entirely, §4.98.160(d)
Exemption
SFO duty-free stores, §4.98.160(e)
First-violation admin. fine
Up to $500, §4.98.300
Repeat-violation permit penalty
30/90/365-day suspension, then revoked

Summary

Under Ordinance Code Section 4.98.160(c), no tobacco retailer in San Mateo County's permit program may sell or offer for sale any Flavored Tobacco Product or Tobacco Product Flavor Enhancer, with a rebuttable presumption of 'flavored' triggered by the manufacturer's own marketing claims. The same section bars pharmacies from selling any tobacco product and blocks nicotine e-cigarette device sales, except at SFO's duty-free stores.

These county ordinances apply to unincorporated areas of San Mateo County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

4.98.160 - Prohibitions Regarding Coupons, Discounts, Pharmacies, Flavored Tobacco, and Electronic Smoking Devices. (c)No Person or Tobacco Retailer shall sell or offer to sell any Flavored Tobacco Product or Tobacco Product Flavor Enhancer. There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents or employees...has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).

Full Breakdown

160 lists five prohibitions for permitted tobacco retailers. 100(a) as any distinguishable taste or aroma other than tobacco itself, expressly including fruit, chocolate, vanilla, honey, candy, menthol and mint, and a product is presumed flavored if the manufacturer's own labeling, packaging or advertising claims it has one. Subsection (b) separately bans selling any electronic smoking device that delivers nicotine or another inhaled substance, and subsection (d) bars pharmacies and their employees from selling any tobacco product at all, with the Director barred from issuing or renewing a permit to a pharmacy.

Subsection (e) exempts only the duty-free stores at San Francisco International Airport from the device and flavor bans. 230. 260. 270 occur at least twice per twelve-month period.

Violations & Fines

A first flavor-ban violation within any 60-month period draws an administrative fine of up to $500 under Section 4.98.300, rising to up to $1,000 for each subsequent violation in that window, with each day of continued sale counted separately. Permit consequences escalate under Section 4.98.290: up to a 30-day suspension for a first violation, 90 days for a second, one year for a third, and outright revocation with a five-year ban on reapplying for a fourth violation within 60 months.

Frequently Asked Questions

Does San Mateo County ban menthol cigarettes?
Yes. Section 4.98.100(a) defines 'Characterizing Flavor' to expressly include menthol and mint alongside fruit, chocolate and candy flavors, and Section 4.98.160(c) bars any permitted retailer from selling a Tobacco Product with a Characterizing Flavor, so menthol cigarettes fall within the ban.
Can a gas station sell flavored vape juice in San Mateo County?
No. Section 4.98.160(c) prohibits selling any Flavored Tobacco Product or Tobacco Product Flavor Enhancer, which by definition in Section 4.98.100 covers flavored e-liquid for electronic smoking devices, and subsection (b) separately bans selling nicotine-delivering e-cigarette devices altogether.
What happens to a retailer's permit after repeated flavor-ban violations?
Under Section 4.98.290, a first violation within 60 months can suspend the permit up to 30 days, a second up to 90 days, a third up to one year, and a fourth triggers outright revocation, barring the retailer from a new permit for five years.
Are there any exceptions to the flavored tobacco ban?
Section 4.98.160(e) exempts only the duty-free stores located at San Francisco International Airport from the flavored tobacco and e-cigarette device bans in subsections (b) and (c); every other permitted retailer in the county's jurisdiction is covered.

Sources & Official References

Other rules in San Mateo County

All San Mateo County rules

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