| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 886Introduced by Assembly Member KrellFebruary 19, 2025An act to amend Section 118950 of add Section 104391 to the Health and Safety Code, relating to vaping products. vaping.LEGISLATIVE COUNSEL'S DIGESTAB 886, as amended, Krell. Vaping products: nonsale distribution. Vaping.Existing law establishes, within the California Health and Human Services Agency, the State Department of Public Health, which has authority over various programs promoting public health. Existing law declares that smoking is the single most important source of preventable disease and premature death in California, and it is the intent of the Legislature to require the department, along with the State Department of Education, to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases.This bill would require the department to establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The bill would require the department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, to fund, upon an appropriation by the Legislature, grants to support specified efforts, including education and outreach to schools, health care providers, and community organizations. The bill would authorize grants to be awarded to qualifying entities, including colleges or universities, or to an individual conducting research in California.Under existing law, it is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco or cigarettes to engage in the nonsale distribution of tobacco in certain public areas, as defined, or on private property open to the public, except as specified. Existing law makes a person who violates these provisions liable for civil penalties, as specified. This bill would also make unlawful the nonsale distribution of vaping products in the above-described areas. 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. Section 104391 is added to the Health and Safety Code, to read:104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods.(3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide.(b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California.SECTION 1.Section 118950 of the Health and Safety Code is amended to read:118950.(a)The Legislature hereby finds and declares the following:(1)Smoking is the single most important source of preventable disease and premature death in California.(2)Smoking is responsible for one-quarter of all death caused by fire.(3)Tobacco-related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole.(4)Despite laws in at least 44 states prohibiting the sale of tobacco products to minors, each day 3,000 children start using tobacco products in this nation. Children under the age of 18 years consume 947 million packages of cigarettes in this country yearly.(5)The earlier a child begins to use tobacco products, the more likely it is that the child will be unable to quit.(6)More than 60 percent of all smokers begin smoking by the age of 14 years, and 90 percent begin by the age of 19 years.(7)Use of smokeless tobacco products among minors in this state is increasing.(8)Smokeless tobacco or chewing tobacco is harmful to the health of individuals and may cause gum disease, mouth or oral cancers, increased tooth decay and leukoplakia.(9)Tobacco product advertising and promotion are an important cause of tobacco use among children. More money is spent advertising and promoting tobacco products than any other consumer product.(10)Distribution of tobacco product samples, coupons, coupon offers, gift certificates, gift cards, or other similar offers is a recognized source by which minors obtain tobacco products, beginning the addiction process.(11)It is the intent of the Legislature that keeping children from beginning to use tobacco products in any form and encouraging all persons to quit tobacco use shall be among the highest priorities in disease prevention for the State of California.(b)It is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco, vaping products, or cigarettes to engage in the nonsale distribution of any smokeless tobacco, vaping products, or cigarettes to any person in any public building, park or playground, or on any public sidewalk, street, or other public grounds, or on any private property that is open to the general public.(c)For purposes of this section:(1)Nonsale distribution means to give smokeless tobacco, vaping products, or cigarettes to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers for smokeless tobacco, vaping products, or cigarettes to the general public at no cost or at nominal cost. Distribution of vaping or tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including vaping or tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution.(2) Smokeless tobacco means (A) a loose or flat, compressed cake form of tobacco that may be chewed or held in the mouth or (B) a shredded, powdered, or pulverized form of tobacco that may be inhaled through the nostrils, chewed, or held in the mouth.(3)Public building, park, playground, sidewalk, street, or other public grounds means any structure or outdoor area that is owned, operated, or maintained by any public entity, including, but not limited to: city and county streets and sidewalks, parade grounds, fair grounds, public transportation facilities and terminals, public reception areas, public health facilities, public recreational facilities, and public office buildings.(4)Private property that is open to the general public means any structure or outdoor area that is owned, operated, or maintained by any private entity and that is open for entry or use by the general public, whether or not a fee or charge is imposed for entry or use.(d)Any person who violates this section shall be liable for a civil penalty of not less than two hundred dollars ($200) for one act, five hundred dollars ($500) for two acts, and one thousand dollars ($1,000) for each subsequent act constituting a violation. Each distribution of a single package, coupon, coupon offer, gift certificates, gift cards, or other similar offers, or rebate offer to an individual member of the general public in violation of this section shall be considered a separate violation.(e)Neither this section nor any other provision of law shall invalidate an ordinance of, or prohibit the adoption of an ordinance by, a city or county regulating distribution of smokeless tobacco, vaping product, or cigarette samples within its boundaries that is more restrictive than this section. An ordinance that imposes greater restrictions on the sale or distribution of tobacco than this section shall govern, to the extent of any inconsistency between it and this section.(f)Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds, or any private property that is open to the general public where minors are prohibited by law. Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds open to the general public and leased for private functions where minors are denied access by a peace officer or licensed security guard on the premises.(g)Subdivisions (a) to (e), inclusive, do not apply to any private property that is open to the general public where minors are denied access to a separate nonsale distribution area by a peace officer or licensed security guard stationed at the entrance of the separate nonsale distribution area and the separate nonsale distribution area is enclosed so as to prevent persons outside the separate nonsale distribution area from seeing the nonsale distribution unless they undertake unreasonable efforts to see inside the area. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 886Introduced by Assembly Member KrellFebruary 19, 2025An act to amend Section 118950 of add Section 104391 to the Health and Safety Code, relating to vaping products. vaping.LEGISLATIVE COUNSEL'S DIGESTAB 886, as amended, Krell. Vaping products: nonsale distribution. Vaping.Existing law establishes, within the California Health and Human Services Agency, the State Department of Public Health, which has authority over various programs promoting public health. Existing law declares that smoking is the single most important source of preventable disease and premature death in California, and it is the intent of the Legislature to require the department, along with the State Department of Education, to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases.This bill would require the department to establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The bill would require the department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, to fund, upon an appropriation by the Legislature, grants to support specified efforts, including education and outreach to schools, health care providers, and community organizations. The bill would authorize grants to be awarded to qualifying entities, including colleges or universities, or to an individual conducting research in California.Under existing law, it is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco or cigarettes to engage in the nonsale distribution of tobacco in certain public areas, as defined, or on private property open to the public, except as specified. Existing law makes a person who violates these provisions liable for civil penalties, as specified. This bill would also make unlawful the nonsale distribution of vaping products in the above-described areas. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 22, 2025 Amended IN Assembly March 24, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 22, 2025 | |
| 8 | 5 | Amended IN Assembly March 24, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly March 24, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 886 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member KrellFebruary 19, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Krell | |
| 21 | 18 | February 19, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to add Section 104391 to the Health and Safety Code, relating to vaping. nicotine. | |
| 20 | + | An act to amend Section 118950 of add Section 104391 to the Health and Safety Code, relating to vaping products. vaping. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 886, as amended, Krell. Vaping. | |
| 26 | + | AB 886, as amended, Krell. Vaping products: nonsale distribution. Vaping. | |
| 32 | 27 | ||
| 33 | - | Existing law establishes the Tobacco Education and Research Oversight Committee (TEROC) to advise the State Department of Public Health and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs funded under specified provisions.This bill would require TEROC to develop and oversee a statewide community education plan to translate, disseminate, and apply research findings from the Tobacco-Related Disease Research Program related to teenage vaping and nicotine cessation. The bill would require TEROC to develop a plan to identify and share best practices on effective, developmentally appropriate nicotine cessation strategies for youth, as specified. The bill would also require the State Department of Public Health to establish a pilot program in the County of Los Angeles, the County of Sacramento, and the County of Santa Clara to, among other things, implement targeted intervention programs for youth under 21 years of age who are addicted to nicotine and to prioritize developmentally appropriate cessation strategies over traditional nicotine replacement therapies.Existing law establishes, within the California Health and Human Services Agency, the State Department of Public Health, which has authority over various programs promoting public health. Existing law declares that smoking is the single most important source of preventable disease and premature death in California, and it is the intent of the Legislature to require the department, along with the State Department of Education, to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases.This bill would require the department to establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The bill would require the department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, to fund, upon an appropriation by the Legislature, grants to support specified efforts, including education and outreach to schools, health care providers, and community organizations. The bill would authorize grants to be awarded to qualifying entities, including colleges or universities, or to an individual conducting research in California. | |
| 34 | - | ||
| 35 | - | Existing law establishes the Tobacco Education and Research Oversight Committee (TEROC) to advise the State Department of Public Health and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs funded under specified provisions. | |
| 36 | - | ||
| 37 | - | This bill would require TEROC to develop and oversee a statewide community education plan to translate, disseminate, and apply research findings from the Tobacco-Related Disease Research Program related to teenage vaping and nicotine cessation. The bill would require TEROC to develop a plan to identify and share best practices on effective, developmentally appropriate nicotine cessation strategies for youth, as specified. The bill would also require the State Department of Public Health to establish a pilot program in the County of Los Angeles, the County of Sacramento, and the County of Santa Clara to, among other things, implement targeted intervention programs for youth under 21 years of age who are addicted to nicotine and to prioritize developmentally appropriate cessation strategies over traditional nicotine replacement therapies. | |
| 28 | + | Existing law establishes, within the California Health and Human Services Agency, the State Department of Public Health, which has authority over various programs promoting public health. Existing law declares that smoking is the single most important source of preventable disease and premature death in California, and it is the intent of the Legislature to require the department, along with the State Department of Education, to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases.This bill would require the department to establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The bill would require the department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, to fund, upon an appropriation by the Legislature, grants to support specified efforts, including education and outreach to schools, health care providers, and community organizations. The bill would authorize grants to be awarded to qualifying entities, including colleges or universities, or to an individual conducting research in California.Under existing law, it is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco or cigarettes to engage in the nonsale distribution of tobacco in certain public areas, as defined, or on private property open to the public, except as specified. Existing law makes a person who violates these provisions liable for civil penalties, as specified. This bill would also make unlawful the nonsale distribution of vaping products in the above-described areas. | |
| 38 | 29 | ||
| 39 | 30 | Existing law establishes, within the California Health and Human Services Agency, the State Department of Public Health, which has authority over various programs promoting public health. Existing law declares that smoking is the single most important source of preventable disease and premature death in California, and it is the intent of the Legislature to require the department, along with the State Department of Education, to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases. | |
| 40 | 31 | ||
| 41 | 32 | This bill would require the department to establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The bill would require the department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, to fund, upon an appropriation by the Legislature, grants to support specified efforts, including education and outreach to schools, health care providers, and community organizations. The bill would authorize grants to be awarded to qualifying entities, including colleges or universities, or to an individual conducting research in California. | |
| 42 | 33 | ||
| 34 | + | Under existing law, it is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco or cigarettes to engage in the nonsale distribution of tobacco in certain public areas, as defined, or on private property open to the public, except as specified. Existing law makes a person who violates these provisions liable for civil penalties, as specified. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would also make unlawful the nonsale distribution of vaping products in the above-described areas. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 43 | 42 | ## Digest Key | |
| 44 | 43 | ||
| 45 | 44 | ## Bill Text | |
| 46 | 45 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section 104391 is added to the Health and Safety Code, to read:104391. (a) The Tobacco Education and Research | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 104391 is added to the Health and Safety Code, to read:104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods.(3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide.(b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California.SECTION 1.Section 118950 of the Health and Safety Code is amended to read:118950.(a)The Legislature hereby finds and declares the following:(1)Smoking is the single most important source of preventable disease and premature death in California.(2)Smoking is responsible for one-quarter of all death caused by fire.(3)Tobacco-related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole.(4)Despite laws in at least 44 states prohibiting the sale of tobacco products to minors, each day 3,000 children start using tobacco products in this nation. Children under the age of 18 years consume 947 million packages of cigarettes in this country yearly.(5)The earlier a child begins to use tobacco products, the more likely it is that the child will be unable to quit.(6)More than 60 percent of all smokers begin smoking by the age of 14 years, and 90 percent begin by the age of 19 years.(7)Use of smokeless tobacco products among minors in this state is increasing.(8)Smokeless tobacco or chewing tobacco is harmful to the health of individuals and may cause gum disease, mouth or oral cancers, increased tooth decay and leukoplakia.(9)Tobacco product advertising and promotion are an important cause of tobacco use among children. More money is spent advertising and promoting tobacco products than any other consumer product.(10)Distribution of tobacco product samples, coupons, coupon offers, gift certificates, gift cards, or other similar offers is a recognized source by which minors obtain tobacco products, beginning the addiction process.(11)It is the intent of the Legislature that keeping children from beginning to use tobacco products in any form and encouraging all persons to quit tobacco use shall be among the highest priorities in disease prevention for the State of California.(b)It is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco, vaping products, or cigarettes to engage in the nonsale distribution of any smokeless tobacco, vaping products, or cigarettes to any person in any public building, park or playground, or on any public sidewalk, street, or other public grounds, or on any private property that is open to the general public.(c)For purposes of this section:(1)Nonsale distribution means to give smokeless tobacco, vaping products, or cigarettes to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers for smokeless tobacco, vaping products, or cigarettes to the general public at no cost or at nominal cost. Distribution of vaping or tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including vaping or tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution.(2) Smokeless tobacco means (A) a loose or flat, compressed cake form of tobacco that may be chewed or held in the mouth or (B) a shredded, powdered, or pulverized form of tobacco that may be inhaled through the nostrils, chewed, or held in the mouth.(3)Public building, park, playground, sidewalk, street, or other public grounds means any structure or outdoor area that is owned, operated, or maintained by any public entity, including, but not limited to: city and county streets and sidewalks, parade grounds, fair grounds, public transportation facilities and terminals, public reception areas, public health facilities, public recreational facilities, and public office buildings.(4)Private property that is open to the general public means any structure or outdoor area that is owned, operated, or maintained by any private entity and that is open for entry or use by the general public, whether or not a fee or charge is imposed for entry or use.(d)Any person who violates this section shall be liable for a civil penalty of not less than two hundred dollars ($200) for one act, five hundred dollars ($500) for two acts, and one thousand dollars ($1,000) for each subsequent act constituting a violation. Each distribution of a single package, coupon, coupon offer, gift certificates, gift cards, or other similar offers, or rebate offer to an individual member of the general public in violation of this section shall be considered a separate violation.(e)Neither this section nor any other provision of law shall invalidate an ordinance of, or prohibit the adoption of an ordinance by, a city or county regulating distribution of smokeless tobacco, vaping product, or cigarette samples within its boundaries that is more restrictive than this section. An ordinance that imposes greater restrictions on the sale or distribution of tobacco than this section shall govern, to the extent of any inconsistency between it and this section.(f)Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds, or any private property that is open to the general public where minors are prohibited by law. Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds open to the general public and leased for private functions where minors are denied access by a peace officer or licensed security guard on the premises.(g)Subdivisions (a) to (e), inclusive, do not apply to any private property that is open to the general public where minors are denied access to a separate nonsale distribution area by a peace officer or licensed security guard stationed at the entrance of the separate nonsale distribution area and the separate nonsale distribution area is enclosed so as to prevent persons outside the separate nonsale distribution area from seeing the nonsale distribution unless they undertake unreasonable efforts to see inside the area. | |
| 48 | 47 | ||
| 49 | 48 | The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | 50 | ## The people of the State of California do enact as follows: | |
| 52 | 51 | ||
| 53 | - | SECTION 1. Section 104391 is added to the Health and Safety Code, to read:104391. (a) The | |
| 52 | + | SECTION 1. Section 104391 is added to the Health and Safety Code, to read:104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods.(3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide.(b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California. | |
| 54 | 53 | ||
| 55 | 54 | SECTION 1. Section 104391 is added to the Health and Safety Code, to read: | |
| 56 | 55 | ||
| 57 | 56 | ### SECTION 1. | |
| 58 | 57 | ||
| 59 | - | 104391. (a) The | |
| 58 | + | 104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods.(3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide.(b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California. | |
| 60 | 59 | ||
| 61 | - | 104391. (a) The | |
| 60 | + | 104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods.(3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide.(b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California. | |
| 62 | 61 | ||
| 63 | - | 104391. (a) The | |
| 62 | + | 104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods.(3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide.(b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California. | |
| 64 | 63 | ||
| 65 | - | 104391. (a) The Tobacco Education and Research Oversight Committee (TEROC) shall develop and oversee a statewide community education plan to translate, disseminate, and apply research findings from the Tobacco-Related Disease Research Program related to teenage vaping and nicotine cessation. | |
| 66 | 64 | ||
| 67 | - | ###### 104391. | |
| 68 | 65 | ||
| 69 | - | (b) TEROC shall develop a plan to identify and share best practices on effective, developmentally appropriate nicotine cessation strategies for youth. The plan shall include, but not be limited to, targeted outreach and education efforts directed at all of the following: | |
| 70 | - | ||
| 71 | - | (1) Health care providers and health systems serving youth populations. | |
| 72 | - | ||
| 73 | - | (2) Community-based organizations that engage with youth, including, but not limited to, youth experiencing disproportionate tobacco-related harms. | |
| 74 | - | ||
| 75 | - | (3) Local educational agencies, including school districts and county offices of education. | |
| 76 | - | ||
| 77 | - | (c) The goal of the statewide plan shall be to ensure broad implementation of evidence-based nicotine cessation strategies and interventions tailored to adolescents, recognizing that traditional nicotine replacement therapies have not been deemed appropriate for youth under 21 years of age. | |
| 78 | - | ||
| 79 | - | (d) In addition to the statewide plan, the department shall establish a pilot program in the County of Los Angeles, the County of Sacramento, and the County of Santa Clara. The pilot program shall do all of the following: | |
| 80 | - | ||
| 81 | - | (1) Implement targeted intervention programs for youth under 21 years of age who are addicted to nicotine, using best available research. | |
| 82 | - | ||
| 83 | - | (2) Include culturally responsive, youth-centered program models that take into account the unique behavioral, psychological, and social aspects of nicotine addiction in adolescents. | |
| 84 | - | ||
| 85 | - | (3) Prioritize developmentally appropriate cessation strategies over traditional nicotine replacement therapies. | |
| 86 | - | ||
| 87 | - | (4) Be implemented in collaboration with local health departments and community-based organizations with a demonstrated history of work on nicotine cessation in those regions. | |
| 88 | - | ||
| 89 | - | (e) Funding for activities in this section shall not be derived from the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016 (Proposition 56) or the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) tobacco tax revenues. | |
| 90 | - | ||
| 91 | - | (a)The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: | |
| 66 | + | 104391. (a) The department shall establish and administer a grant program to support research and other efforts toward effective teenage vaping and nicotine cessation strategies. The department, in consultation with the Tobacco Cessation Policy Research Center, if it chooses to participate, shall fund, upon an appropriation by the Legislature, grants to support all of the following: | |
| 92 | 67 | ||
| 93 | 68 | (1) Research that identifies effective, developmentally appropriate cessation strategies for teenage vaping and nicotine use, recognizing that traditional nicotine replacement therapies are not suitable for adolescents. | |
| 94 | 69 | ||
| 95 | 70 | (2) The creation and testing of interventions designed for adolescents, considering the limitations of current cessation methods. | |
| 96 | 71 | ||
| 97 | 72 | (3) Education and outreach to schools, health care providers, and community organizations to implement evidence-based cessation programs statewide. | |
| 98 | 73 | ||
| 99 | 74 | (b) Grants may be awarded under this section to a qualifying public or nonprofit private agency, including, but not limited to, a college, university, hospital, clinic, research institution, local health department, county office of education, or school district, or to a qualifying individual conducting research in California. | |
| 75 | + | ||
| 76 | + | ||
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (a)The Legislature hereby finds and declares the following: | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (1)Smoking is the single most important source of preventable disease and premature death in California. | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (2)Smoking is responsible for one-quarter of all death caused by fire. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (3)Tobacco-related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (4)Despite laws in at least 44 states prohibiting the sale of tobacco products to minors, each day 3,000 children start using tobacco products in this nation. Children under the age of 18 years consume 947 million packages of cigarettes in this country yearly. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (5)The earlier a child begins to use tobacco products, the more likely it is that the child will be unable to quit. | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (6)More than 60 percent of all smokers begin smoking by the age of 14 years, and 90 percent begin by the age of 19 years. | |
| 105 | + | ||
| 106 | + | ||
| 107 | + | ||
| 108 | + | (7)Use of smokeless tobacco products among minors in this state is increasing. | |
| 109 | + | ||
| 110 | + | ||
| 111 | + | ||
| 112 | + | (8)Smokeless tobacco or chewing tobacco is harmful to the health of individuals and may cause gum disease, mouth or oral cancers, increased tooth decay and leukoplakia. | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | (9)Tobacco product advertising and promotion are an important cause of tobacco use among children. More money is spent advertising and promoting tobacco products than any other consumer product. | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | (10)Distribution of tobacco product samples, coupons, coupon offers, gift certificates, gift cards, or other similar offers is a recognized source by which minors obtain tobacco products, beginning the addiction process. | |
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | (11)It is the intent of the Legislature that keeping children from beginning to use tobacco products in any form and encouraging all persons to quit tobacco use shall be among the highest priorities in disease prevention for the State of California. | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (b)It is unlawful for any person, agent, or employee of a person in the business of selling or distributing smokeless tobacco, vaping products, or cigarettes to engage in the nonsale distribution of any smokeless tobacco, vaping products, or cigarettes to any person in any public building, park or playground, or on any public sidewalk, street, or other public grounds, or on any private property that is open to the general public. | |
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | (c)For purposes of this section: | |
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | (1)Nonsale distribution means to give smokeless tobacco, vaping products, or cigarettes to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers for smokeless tobacco, vaping products, or cigarettes to the general public at no cost or at nominal cost. Distribution of vaping or tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including vaping or tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution. | |
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | (2) Smokeless tobacco means (A) a loose or flat, compressed cake form of tobacco that may be chewed or held in the mouth or (B) a shredded, powdered, or pulverized form of tobacco that may be inhaled through the nostrils, chewed, or held in the mouth. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (3)Public building, park, playground, sidewalk, street, or other public grounds means any structure or outdoor area that is owned, operated, or maintained by any public entity, including, but not limited to: city and county streets and sidewalks, parade grounds, fair grounds, public transportation facilities and terminals, public reception areas, public health facilities, public recreational facilities, and public office buildings. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (4)Private property that is open to the general public means any structure or outdoor area that is owned, operated, or maintained by any private entity and that is open for entry or use by the general public, whether or not a fee or charge is imposed for entry or use. | |
| 149 | + | ||
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| 151 | + | ||
| 152 | + | (d)Any person who violates this section shall be liable for a civil penalty of not less than two hundred dollars ($200) for one act, five hundred dollars ($500) for two acts, and one thousand dollars ($1,000) for each subsequent act constituting a violation. Each distribution of a single package, coupon, coupon offer, gift certificates, gift cards, or other similar offers, or rebate offer to an individual member of the general public in violation of this section shall be considered a separate violation. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (e)Neither this section nor any other provision of law shall invalidate an ordinance of, or prohibit the adoption of an ordinance by, a city or county regulating distribution of smokeless tobacco, vaping product, or cigarette samples within its boundaries that is more restrictive than this section. An ordinance that imposes greater restrictions on the sale or distribution of tobacco than this section shall govern, to the extent of any inconsistency between it and this section. | |
| 157 | + | ||
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| 159 | + | ||
| 160 | + | (f)Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds, or any private property that is open to the general public where minors are prohibited by law. Subdivisions (a) to (e), inclusive, do not apply to any public building, park, playground, sidewalk, street, or other public grounds open to the general public and leased for private functions where minors are denied access by a peace officer or licensed security guard on the premises. | |
| 161 | + | ||
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| 163 | + | ||
| 164 | + | (g)Subdivisions (a) to (e), inclusive, do not apply to any private property that is open to the general public where minors are denied access to a separate nonsale distribution area by a peace officer or licensed security guard stationed at the entrance of the separate nonsale distribution area and the separate nonsale distribution area is enclosed so as to prevent persons outside the separate nonsale distribution area from seeing the nonsale distribution unless they undertake unreasonable efforts to see inside the area. |