Santa Clara County Ordinance NS-300.913, adopted in 2010 and predating the LA County and statewide bans, prohibits sale of all flavored tobacco products including menthol cigarettes and flavored e-liquids in unincorporated areas. California SB-793 imposes the same ban statewide as of December 2022.
Adopted in 2010, Santa Clara County Ordinance NS-300.913 was one of the earliest comprehensive flavored-tobacco bans in the United States, predating the LA County ordinance by nearly a decade. It prohibits any tobacco retailer in unincorporated areas from selling flavored tobacco products, defined to include cigarettes, cigars, smokeless tobacco, hookah tobacco, and electronic cigarette liquid with a characterizing flavor other than tobacco. Menthol, mint, wintergreen, fruit, candy, dessert, and concept flavors are all included. The ordinance preceded and now reinforces California SB-793 (Health and Safety Code section 104559.5), which extends the same ban to every Santa Clara County city. Hookah lounges and premium cigar shops have a narrow state exemption.
Selling flavored tobacco is a misdemeanor under SCC Ord. NS-300.913 and California Health and Safety Code section 104559.5, triggering license suspension and fines up to about five thousand dollars per violation.
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