Amended IN Assembly August 13, 2019 Amended IN Senate March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 538Introduced by Senator Rubio(Coauthor: Assembly Member Eduardo Garcia)February 21, 2019 An act to add Section 119407 to the Health and Safety Code, relating to electronic cigarettes, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 538, as amended, Rubio. Electronic cigarettes.Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined.This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the department, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the department to conduct a public outreach campaign to notify school districts, charter schools, and parent organizations of that posting.The bill would authorize the department to impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with the requirements of the bill.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development, which continues until about 25 years of age. The use of any tobacco product, including electronic cigarettes, is unsafe for young people.(b) The United States Food and Drug Administration (FDA) has stated that new and highly disturbing data plainly demonstrates that electronic cigarettes are creating an epidemic of regular nicotine use among teenagers. In recent years, the FDA has increasingly expressed alarm over the prevalence of vaping among youth in high school and even middle school.(c) According to data confirmed by the FDA, the number of high school students who reported that they used electronic cigarettes within the past 30 days has risen roughly 75 percent since 2017 to approximately 3 million students. 3,000,000 pupils.(d) An increasing number of electronic cigarettes are developed to resemble otherwise innocuous items, such as USB flash drives or pens. This makes it difficult for parents and educators to identify these electronic cigarettes when they are used by students. pupils.(e) Parents and educators can help prevent and reduce the use of electronic cigarettes by young people if they are better informed about the different shapes and types of electronic cigarettes. SEC. 2. Section 119407 is added to the Health and Safety Code, to read:119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
Amended IN Assembly August 13, 2019 Amended IN Senate March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 538Introduced by Senator Rubio(Coauthor: Assembly Member Eduardo Garcia)February 21, 2019 An act to add Section 119407 to the Health and Safety Code, relating to electronic cigarettes, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 538, as amended, Rubio. Electronic cigarettes.Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined.This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the department, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the department to conduct a public outreach campaign to notify school districts, charter schools, and parent organizations of that posting.The bill would authorize the department to impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with the requirements of the bill.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly August 13, 2019 Amended IN Senate March 28, 2019
Amended IN Assembly August 13, 2019
Amended IN Senate March 28, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 538
Introduced by Senator Rubio(Coauthor: Assembly Member Eduardo Garcia)February 21, 2019
Introduced by Senator Rubio(Coauthor: Assembly Member Eduardo Garcia)
February 21, 2019
An act to add Section 119407 to the Health and Safety Code, relating to electronic cigarettes, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 538, as amended, Rubio. Electronic cigarettes.
Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined.This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the department, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the department to conduct a public outreach campaign to notify school districts, charter schools, and parent organizations of that posting.The bill would authorize the department to impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with the requirements of the bill.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging, as defined.
This bill would require, commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state to submit a written physical description and a photograph of each type of electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the bill would require the manufacturer to submit the written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale. The bill would require the department, commencing on July 1, 2020, to post the description and photograph of each electronic cigarette on its internet website, and would require the department to conduct a public outreach campaign to notify school districts, charter schools, and parent organizations of that posting.
The bill would authorize the department to impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with the requirements of the bill.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development, which continues until about 25 years of age. The use of any tobacco product, including electronic cigarettes, is unsafe for young people.(b) The United States Food and Drug Administration (FDA) has stated that new and highly disturbing data plainly demonstrates that electronic cigarettes are creating an epidemic of regular nicotine use among teenagers. In recent years, the FDA has increasingly expressed alarm over the prevalence of vaping among youth in high school and even middle school.(c) According to data confirmed by the FDA, the number of high school students who reported that they used electronic cigarettes within the past 30 days has risen roughly 75 percent since 2017 to approximately 3 million students. 3,000,000 pupils.(d) An increasing number of electronic cigarettes are developed to resemble otherwise innocuous items, such as USB flash drives or pens. This makes it difficult for parents and educators to identify these electronic cigarettes when they are used by students. pupils.(e) Parents and educators can help prevent and reduce the use of electronic cigarettes by young people if they are better informed about the different shapes and types of electronic cigarettes. SEC. 2. Section 119407 is added to the Health and Safety Code, to read:119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development, which continues until about 25 years of age. The use of any tobacco product, including electronic cigarettes, is unsafe for young people.(b) The United States Food and Drug Administration (FDA) has stated that new and highly disturbing data plainly demonstrates that electronic cigarettes are creating an epidemic of regular nicotine use among teenagers. In recent years, the FDA has increasingly expressed alarm over the prevalence of vaping among youth in high school and even middle school.(c) According to data confirmed by the FDA, the number of high school students who reported that they used electronic cigarettes within the past 30 days has risen roughly 75 percent since 2017 to approximately 3 million students. 3,000,000 pupils.(d) An increasing number of electronic cigarettes are developed to resemble otherwise innocuous items, such as USB flash drives or pens. This makes it difficult for parents and educators to identify these electronic cigarettes when they are used by students. pupils.(e) Parents and educators can help prevent and reduce the use of electronic cigarettes by young people if they are better informed about the different shapes and types of electronic cigarettes.
SECTION 1. The Legislature finds and declares all of the following:(a) According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development, which continues until about 25 years of age. The use of any tobacco product, including electronic cigarettes, is unsafe for young people.(b) The United States Food and Drug Administration (FDA) has stated that new and highly disturbing data plainly demonstrates that electronic cigarettes are creating an epidemic of regular nicotine use among teenagers. In recent years, the FDA has increasingly expressed alarm over the prevalence of vaping among youth in high school and even middle school.(c) According to data confirmed by the FDA, the number of high school students who reported that they used electronic cigarettes within the past 30 days has risen roughly 75 percent since 2017 to approximately 3 million students. 3,000,000 pupils.(d) An increasing number of electronic cigarettes are developed to resemble otherwise innocuous items, such as USB flash drives or pens. This makes it difficult for parents and educators to identify these electronic cigarettes when they are used by students. pupils.(e) Parents and educators can help prevent and reduce the use of electronic cigarettes by young people if they are better informed about the different shapes and types of electronic cigarettes.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development, which continues until about 25 years of age. The use of any tobacco product, including electronic cigarettes, is unsafe for young people.
(b) The United States Food and Drug Administration (FDA) has stated that new and highly disturbing data plainly demonstrates that electronic cigarettes are creating an epidemic of regular nicotine use among teenagers. In recent years, the FDA has increasingly expressed alarm over the prevalence of vaping among youth in high school and even middle school.
(c) According to data confirmed by the FDA, the number of high school students who reported that they used electronic cigarettes within the past 30 days has risen roughly 75 percent since 2017 to approximately 3 million students. 3,000,000 pupils.
(d) An increasing number of electronic cigarettes are developed to resemble otherwise innocuous items, such as USB flash drives or pens. This makes it difficult for parents and educators to identify these electronic cigarettes when they are used by students. pupils.
(e) Parents and educators can help prevent and reduce the use of electronic cigarettes by young people if they are better informed about the different shapes and types of electronic cigarettes.
SEC. 2. Section 119407 is added to the Health and Safety Code, to read:119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
SEC. 2. Section 119407 is added to the Health and Safety Code, to read:
### SEC. 2.
119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
119407. (a) For purposes of this section, electronic cigarette means an electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(b) Commencing on April 1, 2020, a manufacturer of an electronic cigarette sold in the state shall submit a written physical description and a photograph of each electronic cigarette sold by that manufacturer to the State Department of Public Health. For each new electronic cigarette manufactured for sale in the state after April 1, 2020, the manufacturer shall submit a written physical description and photograph of the electronic cigarette to the department within 30 days of making the electronic cigarette available for sale.
(c) Commencing on July 1, 2020, the department shall post the physical description and photograph of each electronic cigarette received pursuant to subdivision (b) in a prominent location on its internet website.
(d) The department shall conduct a public outreach campaign to notify school districts, charter schools, and parent organizations that physical descriptions and photographs of electronic cigarettes are available on its internet website.
(e) The department may impose a fee on manufacturers of electronic cigarettes sold in the state for each electronic cigarette manufactured, in an amount to cover the reasonable costs to the department to comply with this section.
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