E-Cigarette Regulations - California

You are here

Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes. 
Cal. Bus. and Prof. Code § 22950.5(d)(1)(B) (2018); Cal. Rev. & Tax. Code § 30121(b) (2018) and Cal. Health & Safety Code § 104495(8)(A) (2018)

 

How does the state define an e-cigarette?

Youth Access

Tobacco product means “a product containing, made, or derived from tobacco or nicotine that is intended for human consumption [including] an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah…”
Cal. Bus. & Prof. Code § 22950.5(d)(1) (2018)

Tax

Electronic cigarettes means “any device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah . . . (including) any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine (and also includes) any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form. Cal. Rev. & Tax Code § 30121(c) (2018)

Tobacco products means “a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, [including] cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, [but not] cigarettes. Tobacco products shall also include electronic cigarettes. Cal. Rev. & Tax. Code § 30121(b) (2018)

Use Restrictions

Tobacco product means “a product containing, made, or derived from tobacco or nicotine that is intended for human consumption [including] an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah…” Cal. Health & Safety Code § 104495 (8)(A) (2018)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

State Board of Equalization is directed to adopt regulations implementing tax on electronic cigarettes equivalent to the Cigarette Distribution Tax (of $0.100 per cigarette). Cal. Rev. & Tax Code §30130.51(b) (2018)

 

What regulations are in place for e-cigarette packaging?

Electronic cigarette cartridges and solutions for filling electronic cigarettes must be sold in child-resistant packaging.
Cal. Health & Safety Code §119406(a) (2018)

 

What restrictions are in place for retail or youth access?

Sale of electronic cigarettes to persons under age 21 prohibited (active duty military personnel must be at least 18).
Cal. Bus. & Prof. Code §§ 22958(a) (2018) and 22963(a) (2018); Cal. Penal Code § 308(a)(1)(A) (2018)

Self-service displays prohibited.
Cal. Bus. & Prof. Code § 22962(b)(1)(A) (2018)

Vending machines must be located inside a bar at least 15 feet from entrance.
Cal. Bus. & Prof. Code § 22960(b)(1) (2018)

“The possession or use of [electronic cigarettes] by wards and inmates in all institutions and camps under the jurisdiction of the Department of the Youth Authority is prohibited.”
Cal. Welf. & Inst.Code § 1712.5(a) (2018)

Operator of an Internet Web site, online service, online application or mobile application directed to minors shall not market or advertise electronic cigarettes through these venues. Cal. Bus. & Prof. Code § 22580(a) (2018)

Advertisements of tobacco products on any outdoor billboard prohibited if located within 1,000 feet of any public or private elementary school, junior high school, or highschool, or public playground. Cal. Bus. & Prof. Code § 22961(a) (2018)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Cal. Bus. & Prof. Code § 22972 (2018) and Cal. Bus. & Prof. Code § 22975(a) (2018)

 

What smoke-free restrictions exist for e-cigarette use?

Use of electronic cigarettes prohibited wherever smoking is prohibited (Cal. Bus. & Prof. Code § 22950.5(c) (2018)) including, but not limited to, places of employment (Cal. Lab. Code § 6404.5 (2018)); family day care facilities (Cal. Health & Safety Code § 1596.795 (2018)); foster and group homes (Cal. Health & Safety Code § 1530.7 (2018)); within 25 feet of playgrounds or 250 feet of a youth sports events (Cal. Health & Safety Code § 104495(b),(d) (2018)); in public buildings or “within 20 feet of a main exit, entrance, or operable window of a public building, or in a [state-owned] passenger vehicle” (Cal. Gov't Code § 7597(a)); health facilities (Cal. Health & Safety Code § 1286 (2018)); in cars with minors (Cal. Health & Safety Code § 118948 (2018)); on public transportation system (Cal. Health & Safety Code § 118925 (2018)); on passenger carriers (Cal. Pub. Util. Code §561 (a) (2018)) and on grounds of facilities under Dep’t of Youth Authority jurisdiction, with the exception of residential staff housing where inmates or wards are not present. (Cal. Welf. & Inst. Code § 1712.5(b) (2018)); in nonprofit charitable temporary food facilities. (Cal. Health & Safety Code § 114332.3 (f)(2018)) in outpatient health facilities. (Cal. Health & Safety Code § 1234 (2018)); in court facilities. (Cal R San Benito Super Ct Rule 1.5 (2018)); in Superior Court of California - County of Sacramento courthouse. (Cal R Sacramento Super CT Rule 7.11(B)(5) (2018)); within 25 feet of the “commerce area” of certified farmers’ markets. (Cal. Health & Safety Code § 114371(f) (2018)); in car with minor. (Cal Health & Safety Code § 118948 (2018))

Schools may not allow students to use tobacco products, including electronic cigarettes, on campus or while attending school-sponsored activities. Cal. Educ. Code § 48901(a) (2018)

Department of Education requires all school districts, charter schools and county offices of education to adopt and enforce policy prohibiting use of electronic cigarettes. Cal. Health & Safety Code §104420(n)(2) (2018)

Use of nicotine delivery devices prohibited in county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles. Cal. Health & Safety Code § 104559(a) (2018)

Director of State Hospitals may ban tobacco product use or possession on state hospital grounds upon request. Cal. Welf. & Inst. Code § 4138 (2018)

Landlord of a residential dwelling unit may prohibit smoking of tobacco product on the property or any portion of the building. Cal. Civ. Code §1947.5 (2018)

E-cigarette use prohibited in passenger areas of certain public transportation vehicles, including passenger areas of airplanes, trains, and certain buses “providing departures originating in th[e] state.” Cal. Pub. Util. Code § 561(a) (2018)

Department of Corrections facilities are smoke-free (“with the exception of residential staff housing where inmates are not present”). Cal. Penal Code § 5030.1 (2018)

 

California e-cigarette regulation as of March 15, 2018. Click to return to the map page.