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.
See how Sunnyvale's flavored tobacco bans rules stack up against other locations.
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