Tobacco Retail Business Laws
Retail Businesses
Overview
- California Flavored Tobacco Sales Law-SB 793: The state law prohibits the sale of most flavored tobacco products, including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations, including stores and vending machines, in California.
- California Health and Safety Code Section 118950: state law that prohibits free or nominal-cost cigarettes or smokeless tobacco products (or coupons, coupon offers, rebate offers, gift certificates, gift cards, or “other similar offers” for such products) from being distributed on public grounds or on private grounds that are open to the public.
- California Cigarette and Tobacco Products Licensing Act of 2003: state law that requires California businesses to have a licensure to sell cigarettes and other tobacco products to the public, which must be renewed annually.
- Family Smoking Prevention and Tobacco Control Act (2009 Tobacco Control Act): federal law that authorizes the Food and Drug Administration (FDA) to regulate tobacco products; the law places several restrictions on the sale of cigarettes and smokeless tobacco products.
- Penal Code Section 308: a state law that makes it a crime to sell or give tobacco products or paraphernalia to persons under the age of 21.
- Stop Tobacco Access to Kids Enforcement (STAKE) Act: a state law that outlaws selling or giving tobacco products or paraphernalia to persons under the age of 21 and places other restrictions on the sale of tobacco products.
- Tobacco Master Settlement Agreement: the Master Settlement Agreement (or MSA) prohibits the participating manufacturers from certain types of marketing, including targeting youth, using cartoons to advertise tobacco products, using brand-name merchandise, sponsoring youth-oriented events, and paying for product placement in media.
Laws
Tobacco Retail Licensure Laws
- California Cigarette and Tobacco Products Licensing Act of 2003
Tobacco Sales Laws
- Penal Code Section 308
- Stop Tobacco Access to Kids Enforcement (STAKE) Act
Business and Professions Code Sections 22950–22963
- 2009 Tobacco Control Act (Federal)
21 U.S.C. § 387f(d)
Flavored Tobacco Products Sales Laws
- 2009 Tobacco Control Act (Federal)
21 U.S.C. § 333, 372, 387g, 387f(d)
- California’s Flavored Tobacco Sales Law- SB 793 – took effect on December 21, 2022
Health and Safety Code Section 104559.5
Online Sales of Tobacco Products Laws
- Stop Tobacco Access to Kids Enforcement (STAKE) Act
Business and Professions Code Section 22963
*This law is specific to retailers selling to consumers in California
- Prevent all cigarette trafficking (PACT) ACT (Federal)
15 U.S.C. Section 375, 376a, 377
18 U.S.C Section 1716E
*Retailers selling to consumers in California must comply with the STAKE ACT requirements.
Signs and Storefront Ads Laws
- Penal Code Section 308(b)
- Stop Tobacco Access to Kids Enforcement (STAKE) Act
Business and Professions Code Sections 22952(b), 22957, 22958(e)
- Master Settlement Agreement
Tobacco Product Packaging Laws
- Penal Code Section 308.3
- 2009 Tobacco Control Act (Federal)
21 U.S.C. § 387, et seq
- California Health and Safety
Code 119406
Self-Service Display Laws
- Stop Tobacco Access to Kids Enforcement (STAKE) Act
Business and Professions Code Sections 22958, 22960, 22962
- 2009 Tobacco Control Act (Federal)
21 U.S.C. § 387, et seq.
Tobacco Product Sampling, Couponing, Rebates, and Gift Certificates Laws
- California Health and Safety Code Section 118950
- 2009 Tobacco Control Act (Federal)
21 C.F.R. § 1140.16(d) 21 C.F.R. § 1140.34(b)
Sale of “Light,” “Low,” and “Mild” Tobacco Products Laws
- 2009 Tobacco Control Act (Federal)
21 U.S.C. § 387, et seq.
Sale of Bidis Laws
- 2009 Tobacco Control Act (Federal)
21 U.S.C. § 387, et seq
Resources for Retail Businesses
- Tobacco Control Laws That Affect California Retail Businesses
- Retail Tobacco Laws FAQ
- TECCFlix Tutorials: STAKE Act
- Tobacco 21 Resources for Retailers
- California Flavored Tobacco Sales Law-SB 793