Under existing law, the Alcoholic Beverage Control (ABC) Board regulates and enforces the sale of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems. This bill would revise the definition of "electronic nicotine delivery system" to include battery powered devices that deliver substances other than tobacco through the inhalation of vapor. This bill would prohibit the distribution of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products through a vending machine. Under existing law, there is no fee for a retail permit to distribute tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products. This bill would require a one-time application fee and an annual permit fee for the distribution of those products, and would provide for the distribution of those fees. Under existing law, the ABC Board may assess an administrative penalty for a violation of the tobacco retail laws. This bill would increase the penalty that may be assessed and would provide for the distribution of the penalty. This bill would further provide for the membership of the advisory board to the ABC Board. This bill would increase the authorized administrative penalty for certain tobacco advertising violations. Under existing law, the Department of Revenue maintains a directory listing all e-liquid manufacturers and manufacturers of alternative nicotine authorized to be distributed in the state. This bill would require a manufacturer to meet certain requirements before being approved for the directory. This bill would further provide for the requirement of tobacco retailers to post signage warning of the dangers of tobacco product use. This bill would provide the ABC Board with general rulemaking authority to administer the tobacco retail laws. This bill would also require the State Board of Education to adopt a model policy for the establishment of vaping awareness, education, and prevention programs to discourage the possession and use of prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products by students in K-12 schools and would require local school boards to adopt a policy based on the model policy.

Statutes affected:
Introduced: 28-11-2, 28-11-3, 28-11-5, 28-11-6, 28-11-6, 28-11-7, 28-11-9, 28-11-10, 28-11-12, 28-11-14, 28-11-16, 28-11-17, 28-11-18