Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
Yes.
Cal. Bus. & Prof. Code § 22950.5(d)(1)(B) (2023);
Cal. Rev. & Tax. Code § 30121(b) (2023);
Cal. Health & Safety Code § 104495 (8)(A) (2023)
How does the state define an e-cigarette?
Youth Access and 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. Bus. & Prof. Code § 22950.5(d)(1) (2023);
Cal. Health & Safety Code § 104495(a)(8)(A) (2023)
Tobacco product flavor enhancer means “a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.”
Cal. Health & Safety Code § 104559.5(a)(15) (2023)
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) (2023)
Electronic cigarette means “[a] device or delivery system sold in combination with any liquid substance containing nicotine that 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 [or a] component, part, or accessory of a device described [above] that is used during the operation of the device if sold in combination with a liquid substance containing nicotine [or a] 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. § 31001(c) (2023)
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) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Electronic cigarettes taxed at first distribution from the wholesaler as “Other Tobacco Products” at rate of 61.74% of wholesale cost.
Cal. Rev. & Tax. Code § 30130.51(b) (2023); Cal. Dep’t Tax & Fee Admin., Tax Rates-Special Taxes and Fees
Electronic cigarettes taxed at 12.5% of retail price.
Cal. Rev. & Tax. Code § 31002(a)(1)(A) (2023)
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) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of electronic cigarettes to persons under age 21 prohibited (active duty military personnel must be at least 18).
Cal. Bus. & Prof. Code §§ 22958(a), 22963(a) (2023);
Cal. Penal Code § 308(a)(1)(A) (2023)
Self-service displays of electronic cigarettes prohibited.
Cal. Bus. & Prof. Code § 22962(b)(1)(A) (2023)
Vending machine sales of electronic cigarettes must be located inside a bar at least 15 feet from entrance.
Cal. Bus. & Prof. Code § 22960(b)(1) (2023)
“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) (2023)
Sale of flavored electronic cigarettes and flavor enhancers prohibited (exception for certain hookah businesses).
Cal. Health & Safety Code § 104559.5(b), (c) (2023)
Delivery sales, distribution, or nonsale distribution of electronic cigarettes (including deliveries to fulfill orders placed by mail, phone, online) through the U.S. Postal Service or any other public or private postal service prohibited unless the age of the product purchaser is verified as 21 years or older at both time of purchase and delivery. Additionally, the container must be conspicuously labeled with “CONTAINS TOBACCO PRODUCTS: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY.”
Cal. Bus. & Prof. Code § 22963(a), (b) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes.
Cal. Bus. & Prof. Code §§ 22972 (retailers), 22975 (2023) (wholesalers and distributors)
What smoke-free restrictions exist for e-cigarette use?
Use of electronic cigarettes prohibited wherever smoking is prohibited (with some exceptions) (Cal. Bus. & Prof. Code § 22950.5(c) (2023)) (definition of smoking) including, but not limited to, enclosed places of employment (Cal. Lab. Code § 6404.5 (2023)); family day care facilities; (Cal. Health & Safety Code § 1596.795 (2023)); foster and group homes (Cal. Health & Safety Code § 1530.7 (2023)); within 25 feet of playgrounds or 250 feet of a youth sports events (Cal. Health & Safety Code § 104495(b),(d) (2023)); 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) (2023)); health facilities (Cal. Health & Safety Code § 1286 (2023)); in cars with minors (Cal. Health & Safety Code § 118948 (2023)); on public transportation (Cal. Health & Safety Code § 118925 (2023)); on passenger carriers (buses, trains, planes) (Cal. Pub. Util. Code § 561(a) (2023)); 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) (2023)); in nonprofit charitable temporary food facilities (Cal. Health & Safety Code § 114332.3(f) (2023)); in outpatient health facilities (Cal. Health & Safety Code § 1234 (2023)); within 25 feet of the “commerce area” of certified farmers’ markets (Cal. Health & Safety Code § 114371(f) (2023)); and on a state beach or unit of the state park system (Cal. Pub. Res. Code § 5008.10(b) (2023)).
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) (2023)
School districts, charter schools and county offices of education must adopt and enforce policy prohibiting use of electronic cigarettes.
Cal. Health & Safety Code § 104420(n)(2) (2023)
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) (2023)
Landlord of a residential dwelling unit may prohibit smoking of tobacco products, including electronic cigarettes, on the property or any portion of the building.
Cal. Civ. Code § 1947.5 (2023)
California e-cigarette regulations as of June 15, 2023.