SB 524

This bill changes the age for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21, and imposes the same minimum age for purchasing electronic vaping devices.

Under current law, nicotine products are products that contain nicotine and that are not tobacco products, cigarettes, or products that have been approved by the federal Food and Drug Administration for sale as a smoking cessation product. Tobacco products include products such as cigars, chewing tobacco, and smoking tobacco. Electronic vaping devices are defined under current law to mean devices that may be used to deliver substances for inhalation regardless of whether the substance contains nicotine, and includes e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs. The definition also includes components of such devices and the substances that may be aerosolized or vaporized by devices, but does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration. This bill changes the definition of “electronic vaping device” to specify that the aforementioned “drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration” means those that the U.S. FDA authorizes for the treatment of nicotine addiction or tobacco cessation.

Currently, no person under the age of 18 may purchase, attempt to purchase, possess, or falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product with certain limited exceptions. Current law also prohibits any person from purchasing cigarettes, tobacco products, or nicotine products on behalf of a person who is under the age of 18 and subjects that purchaser to a penalty. Current law also prohibits a person from delivering a package of cigarettes unless the person making the delivery verifies that the person receiving the package is at least 18 years of age. The bill changes these ages from 18 to 21. The bill similarly prohibits the purchase of electronic vaping devices by or on behalf of a person who is under the age of 21.

Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber, or independent contractor or an employee or agent of any of these persons from selling or providing cigarettes or tobacco or nicotine products to an individual who is under the age of 18 and from providing cigarettes or tobacco or nicotine products to any person for free unless the cigarettes or products are provided in a place where persons under 18 years of age are generally not permitted to enter. Current law also prohibits a vending machine operator from selling cigarettes or tobacco products from a vending machine unless the vending machine operator ensures that no person under 18 years of age is present on or permitted to enter the premises where the machine is located. The bill changes these ages from 18 to 21, and similarly prohibits the sale or provision of nicotine products or electronic vaping devices from a vending machine to a person who is under 21.

Under current law, a retailer or vending machine operator of cigarette or tobacco products must post notices stating that the sale of cigarettes or tobacco to a person under a certain age is unlawful, and a person who violates the requirement is required to forfeit no more than $25. The bill repeals that forfeiture penalty.

Current law exempts a vending machine operator from liability related to the sale of certain tobacco and nicotine products to minors if the vending machine operator is unaware of the minor’s purchase of the product. The bill repeals this exemption from liability.