Modesto, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Flavored tobacco ban
- Cross-refs Health & Safety Code §104559.5 (§4-24.105(k)(4))
- Required sign text
- "Sale of Flavored Tobacco is Prohibited"
- Sign placement
- Interior wall/fixture, not windows (§4-24.105(d)(3))
- Applies to
- Licensed Smoke Shops as defined in §4-24.102(e)
- First-offense fine
- $500 to $2,000 (§4-24.109(b)(1)(i))
Summary
Licensed Smoke Shops in Modesto may not sell flavored tobacco products, defined by reference to California Health and Safety Code Section 104559.5, under Code Section 4-24.105(k)(4). Every Smoke Shop must also post the exact phrase "Sale of Flavored Tobacco is Prohibited" on an interior wall or fixture, not on the windows, under Section 4-24.105(d)(3).
(3)In addition to the requirements above, the following copy is required to be prominently posted in a readily visible manner on an interior wall or fixture and not on windows of the Smoke Shop:(i)"California State Law Prohibits the Sale of Tobacco Products to Persons Under 21 Years of Age."(ii)"No Persons Under the Age of Twenty-One (21) Shall be Allowed on the Premises."(iii)"No Loitering is Allowed on or in Front of These Premises."(iv)"No Smoking or Vaping Allowed on These Premises."(v)"Sale of Flavored Tobacco is Prohibited."(4)In the event of a conflict between any of the above requirements, the most restrictive requirements shall apply. ... (k)Prohibited Products. The sale or distribution of one (1) or more of the following is prohibited:(1)Cannabis or Cannabis products as defined in Modesto Zoning Code section 10-3.702.(2)Drug paraphernalia, as defined in Health and Safety Code section 11014.5, not directly related to legal Tobacco Products.(3)Nitrous oxide.(4)Flavored tobacco products as defined in California Health and Safety Code section 104559.5.(5)Other products prohibited by law.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).
Full Breakdown
105(k) lists prohibited products for any Smoke Shop, and flavored tobacco sits alongside cannabis and cannabis products defined under the Modesto Zoning Code, drug paraphernalia not tied to legal tobacco use, and nitrous oxide; any Smoke Shop offering these items violates the chapter regardless of whether its permit is otherwise in good standing. 105(d)(4) states that where any signage requirement conflicts with another, the most restrictive one controls. Both rules sit inside the same Smoke Shop chapter created by Ordinance No. 102(e), retailers devoting 15 percent or more of floor space, or 15 linear feet of display, to tobacco products or tobacco paraphernalia.
Premium cigar retailers, hookah lounges, and licensed cannabis dispensaries fall outside that definition and outside this particular local ban, though other state and federal restrictions on flavored tobacco sales can still apply to those or other retailers independently of Modesto's local code.
Violations & Fines
A Smoke Shop caught selling flavored tobacco faces the same administrative fine schedule as any other Chapter 24 violation: $500 to $2,000 for a first offense, $1,000 to $3,000 for a second within five years, and $2,000 to $5,000 for a third and beyond, under Section 4-24.109(b)(1). The Chief of Police can also suspend or revoke the Smoke Shop Permit, pursue misdemeanor criminal prosecution under Section 4-24.109(c), and require the business to post a sign near the register disclosing the violation for up to one year under Section 4-24.109(e).
Frequently Asked Questions
Can a Modesto smoke shop sell flavored vape liquid or menthol products?
Does the flavor ban apply to every store that sells cigarettes?
What sign is a Modesto smoke shop required to post about flavored tobacco?
Sources & Official References
Other rules in Modesto
California rules heatmap·Compare Modesto to another location·View the California tobacco & vaping overview
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