Monterey County, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)
Key Facts
- Governing section
- § 7.80.040(G) flavored tobacco ban
- Applies to
- Unincorporated Monterey County only
- First suspension
- 60 days (§ 7.80.100(C)(1))
- Fourth violation
- License revoked for 5 years
- Stipulated fine
- $1,000 first offense (§ 7.80.150)
- Enforcer
- County Health Officer / Health Department
Summary
Monterey County bans licensed tobacco retailers in the unincorporated area from selling flavored tobacco products. County Code § 7.80.040(G) makes it a violation to sell, offer for sale, or possess with intent to sell any flavored tobacco product, including menthol, fruit, mint, and candy-flavored items. Possessing four or more flavored products creates a rebuttable presumption of intent to sell, and the Health Department enforces the ban through the county's Tobacco Retailer License program.
G.It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product.1.It should be a rebuttable presumption that a tobacco retailer in possession of four (4) or more flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
010(D) states the chapter 'applies in the unincorporated area of the County of Monterey,' so it does not reach Salinas, Monterey, Seaside, Marina, Carmel-by-the-Sea, Pacific Grove, or King City, which regulate tobacco sales under their own municipal codes. 020(C) defines a 'flavored tobacco product' broadly as any tobacco product with a taste or smell other than tobacco that is distinguishable before or during use, expressly naming fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, candy, dessert, alcoholic beverage, herb, or spice flavors. ' The same section, in subsection (H), separately bans sale of single-use electronic cigarettes. 140(A). 140(C).
Violations & Fines
A first license violation draws a 60-day suspension, a second within 60 months draws 120 days, a third draws 180 days, and a fourth revokes the license for five years with no reissue at that location (§ 7.80.100(C)). The Health Officer may instead offer a stipulated fine in lieu of a hearing: $1,000 and a one-day shutdown for a first violation, $5,000 and a ten-day shutdown for a second (§ 7.80.150). Decisions can be appealed to a Hearing Officer within 14 days (§ 7.80.130).
Frequently Asked Questions
Does Monterey County ban menthol and fruit-flavored vapes?
Does the flavor ban apply inside the City of Monterey or Salinas?
What proof does the county use to show a retailer sold flavored tobacco?
Sources & Official References
Other rules in Monterey County
California rules heatmap·Compare Monterey County to another location·View the California tobacco & vaping overview
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