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SB 793 - Prohibits Flavored Tobacco Products - California Key Vote

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Title: Prohibits Flavored Tobacco Products

Vote Smart's Synopsis:

Vote to pass a bill that prohibits flavored tobacco products.

Highlights:

 

  • Defines “characterizing flavor” as a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product (Sec. 1).

  • Defines “hookah” as a type of water pipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water (Sec. 1).

  • Prohibits a tobacco retailer from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer (Sec. 1).

  • Establishes a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor (Sec. 1).

  • Exempts the sale of flavored shisha tobacco products by a hookah tobacco retailer from the previous provisions if all of the following conditions are met (Sec. 1):

    • The hookah tobacco retailer has a valid license to sell tobacco products;

    • The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time;

    • The hookah tobacco retailer operates following all relevant state and local laws relating to the sale of tobacco products; and

    • If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer operates following all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer.

  • Classifies a violation of this section as an infraction that will be punished by a fine of $250 per violation (Sec. 1).

Full Bill Text

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