CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 762Introduced by Assembly Members Irwin and WilsonFebruary 18, 2025 An act to add Chapter 5.1 (commencing with Section 42260) to Part 3 of Division 30 of the Public Resources Code, relating to vapor inhalation devices. LEGISLATIVE COUNSEL'S DIGESTAB 762, as introduced, Irwin. Disposable, battery-embedded vapor inhalation device: prohibition.Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes.This bill would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a disposable, battery-embedded vapor inhalation device to mean a vaporization device that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expended any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5.1 (commencing with Section 42260) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:(A) (i) The vaporization device is not refillable.(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:(I) A single-use container that is separately available and can be replaced.(II) A container that can be refilled.(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.(B) (i) The vaporization device is not rechargeable. (ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.(ii) Either of the following applies:(I) The device is predominantly used in a health care setting by a provider.(II) The device is predominantly prescribed by a health care provider.(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 762Introduced by Assembly Members Irwin and WilsonFebruary 18, 2025 An act to add Chapter 5.1 (commencing with Section 42260) to Part 3 of Division 30 of the Public Resources Code, relating to vapor inhalation devices. LEGISLATIVE COUNSEL'S DIGESTAB 762, as introduced, Irwin. Disposable, battery-embedded vapor inhalation device: prohibition.Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes.This bill would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a disposable, battery-embedded vapor inhalation device to mean a vaporization device that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expended any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 762
Introduced by Assembly Members Irwin and WilsonFebruary 18, 2025
Introduced by Assembly Members Irwin and Wilson
February 18, 2025
An act to add Chapter 5.1 (commencing with Section 42260) to Part 3 of Division 30 of the Public Resources Code, relating to vapor inhalation devices.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 762, as introduced, Irwin. Disposable, battery-embedded vapor inhalation device: prohibition.
Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes.This bill would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a disposable, battery-embedded vapor inhalation device to mean a vaporization device that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expended any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes.
This bill would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a disposable, battery-embedded vapor inhalation device to mean a vaporization device that is not designed or intended to be reused, as specified.
Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions.
This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expended any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 5.1 (commencing with Section 42260) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:(A) (i) The vaporization device is not refillable.(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:(I) A single-use container that is separately available and can be replaced.(II) A container that can be refilled.(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.(B) (i) The vaporization device is not rechargeable. (ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.(ii) Either of the following applies:(I) The device is predominantly used in a health care setting by a provider.(II) The device is predominantly prescribed by a health care provider.(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 5.1 (commencing with Section 42260) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:(A) (i) The vaporization device is not refillable.(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:(I) A single-use container that is separately available and can be replaced.(II) A container that can be refilled.(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.(B) (i) The vaporization device is not rechargeable. (ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.(ii) Either of the following applies:(I) The device is predominantly used in a health care setting by a provider.(II) The device is predominantly prescribed by a health care provider.(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
SECTION 1. Chapter 5.1 (commencing with Section 42260) is added to Part 3 of Division 30 of the Public Resources Code, to read:
### SECTION 1.
CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:(A) (i) The vaporization device is not refillable.(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:(I) A single-use container that is separately available and can be replaced.(II) A container that can be refilled.(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.(B) (i) The vaporization device is not rechargeable. (ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.(ii) Either of the following applies:(I) The device is predominantly used in a health care setting by a provider.(II) The device is predominantly prescribed by a health care provider.(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:(A) (i) The vaporization device is not refillable.(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:(I) A single-use container that is separately available and can be replaced.(II) A container that can be refilled.(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.(B) (i) The vaporization device is not rechargeable. (ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.(ii) Either of the following applies:(I) The device is predominantly used in a health care setting by a provider.(II) The device is predominantly prescribed by a health care provider.(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices
CHAPTER 5.1. Disposable, Battery-embedded Vapor Inhalation Devices
42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:(A) (i) The vaporization device is not refillable.(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:(I) A single-use container that is separately available and can be replaced.(II) A container that can be refilled.(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.(B) (i) The vaporization device is not rechargeable. (ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.(ii) Either of the following applies:(I) The device is predominantly used in a health care setting by a provider.(II) The device is predominantly prescribed by a health care provider.(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
42260. (a) (1) For purposes of this section, a disposable, battery-embedded vapor inhalation device means a vaporization device that is not designed or intended to be reused, and includes any vaporization device that meets either, or both, of the following requirements:
(A) (i) The vaporization device is not refillable.
(ii) For purposes of this subparagraph, a vaporization device is not considered refillable unless it is designed to include any of the following:
(I) A single-use container that is separately available and can be replaced.
(II) A container that can be refilled.
(III) A coil that is not intended to be replaced by an individual user in the normal course of use, including any coil that is contained in a single-use cartridge or pod that is not separately available and cannot be replaced.
(B) (i) The vaporization device is not rechargeable.
(ii) For purposes of this subparagraph, a vaporization device is not considered rechargeable if it is designed to contain a battery that cannot be recharged.
(2) Disposable, battery-embedded vapor inhalation device does not include a device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:
(A) It is a class I device as defined in subsection (a) of Section 360c of Title 21 of the United States Code, and either of the following applies:
(i) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.
(ii) Either of the following applies:
(I) The device is predominantly used in a health care setting by a provider.
(II) The device is predominantly prescribed by a health care provider.
(B) It is a class II or class III device as defined in subsection (a) of Section 360c of Title 21 of the United States Code.
(b) On and after January 1, 2026, a person shall not sell, distribute, or offer for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state.
(c) (1) A city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violations.
(2) Any civil penalties collected pursuant to paragraph (1) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(4) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.