California 2017-2018 Regular Session

California Senate Bill SB719 Compare Versions

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1	1	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 719Introduced by Senator AndersonFebruary 17, 2017 An act to amend Section 22950.5 of the Business and Professions Code, relating to tobacco. LEGISLATIVE COUNSEL'S DIGESTSB 719, as introduced, Anderson. STAKE Act: definitions.Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, authorizes the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. The existing STAKE Act defines a tobacco product as 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. The existing STAKE Act also defines a tobacco product as 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, and any component, part, or accessory of a tobacco product, whether or not sold separately.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22950.5 of the Business and Professions Code is amended to read:22950.5. For purposes of this division, the following terms have the following meanings:(a) Department means the State Department of Public Health.(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.(d) (1) Tobacco product means any of the following:(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.(B) 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.(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
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3	3	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 719Introduced by Senator AndersonFebruary 17, 2017 An act to amend Section 22950.5 of the Business and Professions Code, relating to tobacco. LEGISLATIVE COUNSEL'S DIGESTSB 719, as introduced, Anderson. STAKE Act: definitions.Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, authorizes the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. The existing STAKE Act defines a tobacco product as 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. The existing STAKE Act also defines a tobacco product as 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, and any component, part, or accessory of a tobacco product, whether or not sold separately.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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11	11	Senate Bill No. 719
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13	13	Introduced by Senator AndersonFebruary 17, 2017
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15	15	Introduced by Senator Anderson
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18	18	An act to amend Section 22950.5 of the Business and Professions Code, relating to tobacco.
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20	20	LEGISLATIVE COUNSEL'S DIGEST
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22	22	## LEGISLATIVE COUNSEL'S DIGEST
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24	24	SB 719, as introduced, Anderson. STAKE Act: definitions.
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26	26	Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, authorizes the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. The existing STAKE Act defines a tobacco product as 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. The existing STAKE Act also defines a tobacco product as 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, and any component, part, or accessory of a tobacco product, whether or not sold separately.This bill would make technical, nonsubstantive changes to that provision.
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28	28	Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, authorizes the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. The existing STAKE Act defines a tobacco product as 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. The existing STAKE Act also defines a tobacco product as 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, and any component, part, or accessory of a tobacco product, whether or not sold separately.
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30	30	This bill would make technical, nonsubstantive changes to that provision.
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32	32	## Digest Key
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34	34	## Bill Text
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36	36	The people of the State of California do enact as follows:SECTION 1. Section 22950.5 of the Business and Professions Code is amended to read:22950.5. For purposes of this division, the following terms have the following meanings:(a) Department means the State Department of Public Health.(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.(d) (1) Tobacco product means any of the following:(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.(B) 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.(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
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38	38	The people of the State of California do enact as follows:
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40	40	## The people of the State of California do enact as follows:
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42	42	SECTION 1. Section 22950.5 of the Business and Professions Code is amended to read:22950.5. For purposes of this division, the following terms have the following meanings:(a) Department means the State Department of Public Health.(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.(d) (1) Tobacco product means any of the following:(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.(B) 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.(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
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44	44	SECTION 1. Section 22950.5 of the Business and Professions Code is amended to read:
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46	46	### SECTION 1.
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48	48	22950.5. For purposes of this division, the following terms have the following meanings:(a) Department means the State Department of Public Health.(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.(d) (1) Tobacco product means any of the following:(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.(B) 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.(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
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50	50	22950.5. For purposes of this division, the following terms have the following meanings:(a) Department means the State Department of Public Health.(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.(d) (1) Tobacco product means any of the following:(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.(B) 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.(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
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52	52	22950.5. For purposes of this division, the following terms have the following meanings:(a) Department means the State Department of Public Health.(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.(d) (1) Tobacco product means any of the following:(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.(B) 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.(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
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56	56	22950.5. For purposes of this division, the following terms have the following meanings:
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58	58	(a) Department means the State Department of Public Health.
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60	60	(b) Enforcing agency means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.
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62	62	(c) Smoking means inhaling, exhaling, burning, or carrying any a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any an oral smoking device for the purpose of circumventing the prohibition of smoking.
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64	64	(d) (1) Tobacco product means any of the following:
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66	66	(A) 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, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
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68	68	(B) 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.
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70	70	(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.
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72	72	(2) Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.