There has been some confusion amongst my friends and I about whether e-cigs are banned in California or not... I'm not totally sure of what went on last year with that bill and whether it was passed and confirmed or not... Anyone know something about this that can share? It would be great if they aren't banned because with a huge state like California, hopefully more will follow and not ban them.
So are e-cigs banned in California or not?
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I dont think they're banned here yet.
I just saw a Generic l88 (blucig type) kit at a local shop behind the counter, complete with carts.
Plus, I have no problem ordering anything so far here into CA.
-Jason
I just saw a Generic l88 (blucig type) kit at a local shop behind the counter, complete with carts.
Plus, I have no problem ordering anything so far here into CA.
-Jason
Nope nothing has changed. The Terminator vetoed the senate bill.
California Bill Banning Electronic Cigarettes SB400 Vetoed by Governor Schwarzenegger | Electronic Cigarettes by Instead E-Cigarette
California Bill Banning Electronic Cigarettes SB400 Vetoed by Governor Schwarzenegger | Electronic Cigarettes by Instead E-Cigarette
The first bill was vetoed. A new one was was introduced. It's been amended to ban sales to minors but not to adults. I think it's still wending it's way through the CA legislative system. Here's the thread to follow http://www.e-cigarette-forum.com/forum/campaigning-discussions/82948-californians-sb-882-amended.html
Thanks so much everyone for the information. But what does "amended" mean in this case? And why was a new bill introduced after the first one was vetoed?
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i think that they reintroduced the bill hoping it might get passed this time. I expect the same thing to happen in the other states that it was shot down in the first time. For example we have one house member in Missouri trying to ban nudity and alcohol in strip clubs right now. He has introduced the same exact bill 8 times in 8 years. it never gets passed or anything but he seems mighty determined to get it out there in his last year in office
The first bill banned all sales. It was vetoed.
The second bill only bans sales to minors.
It has gone through several changes in wording. Each change is an amendment.
I have been watching this bill closely as I am a supplier based in Northern California. As far as I can tell the wording keeps getting changed (or amended) about every 4 days.. but still only reflects making the sales of E-Cigs to minors a crime. Which in all respects is a good thing. however it is important to understand that the person Sen. Ellen Corbett who has introduced this bill is the same who introduced the original bill to ban them outright 5 months ago.. so we need to all be aware that she might try and pull a switch-er-roo toward the end of the bill being passed. If you want to help California out you should call her office and tell her of your positive experience with the E-Cig or write a letter to here office.
Sen. Ellen Corbett
San Leandro District Office
1057 MacArthur Blvd. Suite 206
San Leandro, CA 94577
Phone: (510) 577-2310
Phone: (408) 286-0329
Fax: (510) 577-2308
Sen. Ellen Corbett
San Leandro District Office
1057 MacArthur Blvd. Suite 206
San Leandro, CA 94577
Phone: (510) 577-2310
Phone: (408) 286-0329
Fax: (510) 577-2308
Status:
CURRENT BILL STATUS
MEASURE : S.B. No. 882
AUTHOR(S) : Corbett.
TOPIC : Electronic cigarettes.
HOUSE LOCATION : SEN
+LAST AMENDED DATE : 05/11/2010
TYPE OF BILL :
Active
Urgency
Non-Appropriations
2/3 Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 05/25/2010
LAST HIST. ACTION : Read second time. To third reading.
FILE : SEN THIRD READING
FILE DATE : 05/27/2010
ITEM : 97
COMM. LOCATION : SEN APPROPRIATIONS
COMM. ACTION DATE : 05/24/2010
COMM. ACTION : Senate Rule 28.8.
TITLE : An act to add Chapter 9 (commencing with Section 119405)
to Part 15 of Division 104 of the Health and Safety
Code, relating to electronic cigarettes, and declaring
the urgency thereof, to take effect immediately.
You can read the latest amended version here: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0851-0900/sb_882_bill_20100511_amended_sen_v96.html
CURRENT BILL STATUS
MEASURE : S.B. No. 882
AUTHOR(S) : Corbett.
TOPIC : Electronic cigarettes.
HOUSE LOCATION : SEN
+LAST AMENDED DATE : 05/11/2010
TYPE OF BILL :
Active
Urgency
Non-Appropriations
2/3 Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 05/25/2010
LAST HIST. ACTION : Read second time. To third reading.
FILE : SEN THIRD READING
FILE DATE : 05/27/2010
ITEM : 97
COMM. LOCATION : SEN APPROPRIATIONS
COMM. ACTION DATE : 05/24/2010
COMM. ACTION : Senate Rule 28.8.
TITLE : An act to add Chapter 9 (commencing with Section 119405)
to Part 15 of Division 104 of the Health and Safety
Code, relating to electronic cigarettes, and declaring
the urgency thereof, to take effect immediately.
You can read the latest amended version here: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0851-0900/sb_882_bill_20100511_amended_sen_v96.html
Last edited:
CURRENT BILL STATUS
MEASURE : S.B. No. 882
AUTHOR(S) : Corbett.
TOPIC : Electronic cigarettes.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 06/17/2010
TYPE OF BILL :
Active
Urgency
Non-Appropriations
2/3 Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 06/23/2010
LAST HIST. ACTION : From committee: Do pass, but first be re-referred to
Com. on APPR. (Ayes 21. Noes 0.) Re-referred to
Com. on APPR. (Heard in committee on June 23.)
COMM. LOCATION : ASM APPROPRIATIONS
HEARING DATE : 08/04/2010
TITLE : An act to add Chapter 9 (commencing with Section 119405)
to Part 15 of Division 104 of the Health and Safety
Code, relating to electronic cigarettes, and declaring
the urgency thereof, to take effect immediately.
MEASURE : S.B. No. 882
AUTHOR(S) : Corbett.
TOPIC : Electronic cigarettes.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 06/17/2010
TYPE OF BILL :
Active
Urgency
Non-Appropriations
2/3 Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 06/23/2010
LAST HIST. ACTION : From committee: Do pass, but first be re-referred to
Com. on APPR. (Ayes 21. Noes 0.) Re-referred to
Com. on APPR. (Heard in committee on June 23.)
COMM. LOCATION : ASM APPROPRIATIONS
HEARING DATE : 08/04/2010
TITLE : An act to add Chapter 9 (commencing with Section 119405)
to Part 15 of Division 104 of the Health and Safety
Code, relating to electronic cigarettes, and declaring
the urgency thereof, to take effect immediately.
BILL NUMBER: SB 882 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 17, 2010
AMENDED IN SENATE MAY 11, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Corbett
JANUARY 14, 2010
An act to add Chapter 9 (commencing with Section 119405) to Part
15 of Division 104 of the Health and Safety Code, relating to
electronic cigarettes, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 882, as amended, Corbett. Electronic cigarettes.
Existing law contains various provisions governing cigarettes and
tobacco products.
This bill would make it unlawful for a person to sell or otherwise
furnish an electronic cigarette, as defined, to a person under 18
years of age and would make a violation punishable as an infraction,
as specified. By creating a new infraction, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature hereby finds and declares all of the following:
(1)
(a) Electronic cigarettes are not yet
actively regulated by the United States Food and Drug Administration
(FDA) and are available for purchase in this state.
(2)
(b) Initial FDA studies found that electronic
cigarettes contain known carcinogens and misrepresent nicotine
content on their labels. As a result, the FDA has warned the public
about the potential health risks of using electronic cigarettes.
(c) The FDA has asserted that electronic cigarettes should be
regulated as drug delivery devices.
(d) There is no scientific evidence that electronic cigarettes can
help smokers to quit smoking. Electronic cigarette manufacturers and
retailers are making unproven health claims about their products by
asserting that they are safe or safer than traditional cigarettes.
(3)
(e) Electronic cigarettes offered for sale in this
state are produced overseas and not currently subject to state and
federal quality control protections.
(4)
(f) Since electronic cigarettes are not yet
regulated at the federal, state, or local level, they can be legally
sold to minors.
(5)
(g) County tobacco control programs have reported the
attempted sale of electronic cigarettes to minors at shopping malls.
Throughout the state, retailers have established shopping mall kiosks
near food courts and stores frequented by adolescents. At these
kiosks, retailers target teens with pitches for electronic cigarettes
with flavored cartridges.
(6)
(h) A 2008 report prepared for the State Department of
Public Health found, with regard to the California Tobacco Control
Program, that law enforcement agencies continue to rank policies and
procedures, such as suspension or revocation of business licenses and
civil and criminal penalties for owners and clerks who sell tobacco
to minors, as effective strategies to reduce youth access to tobacco.
(b) The Legislature finds and declares that due to important
health, safety, and welfare concerns that affect the entire state,
regulating the sale to and use by minors of electronic cigarettes is
a statewide concern, and not a municipal affair.
SEC. 2. Chapter 9 (commencing with Section 119405) is added to
Part 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER 9. ELECTRONIC CIGARETTES
119405. (a) It is To the extent not
preempted by federal law, including, but not limited to, the
regulation of electronic cigarettes by the United States Food and
Drug Administration, it shall be unlawful for a
person to sell or otherwise furnish an electronic cigarette, as
defined in subdivision (b), to a person under 18 years of age.
(b) "Electronic cigarette" means a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.
(c) A violation of this section shall be an infraction punishable
by a fine not exceeding two hundred dollars ($200) for the first
violation, by a fine not exceeding five hundred dollars ($500) for
the second violation, or by a fine not exceeding one thousand dollars
($1,000) for a third or subsequent violation.
(d) Nothing in this section nor any other law shall be construed
to invalidate an existing ordinance of, or prohibit the adoption of
an ordinance by, a city or county that regulates the distribution of
electronic cigarettes in a manner that is more restrictive than this
section, to the extent that the ordinance is not otherwise prohibited
by federal law.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the health of minors from a product with
contents that have not been comprehensively studied and are
unregulated on the market, it is necessary for this bill to go into
immediate effect.
BILL TEXT
AMENDED IN ASSEMBLY JUNE 17, 2010
AMENDED IN SENATE MAY 11, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Corbett
JANUARY 14, 2010
An act to add Chapter 9 (commencing with Section 119405) to Part
15 of Division 104 of the Health and Safety Code, relating to
electronic cigarettes, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 882, as amended, Corbett. Electronic cigarettes.
Existing law contains various provisions governing cigarettes and
tobacco products.
This bill would make it unlawful for a person to sell or otherwise
furnish an electronic cigarette, as defined, to a person under 18
years of age and would make a violation punishable as an infraction,
as specified. By creating a new infraction, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature hereby finds and declares all of the following:
(1)
(a) Electronic cigarettes are not yet
actively regulated by the United States Food and Drug Administration
(FDA) and are available for purchase in this state.
(2)
(b) Initial FDA studies found that electronic
cigarettes contain known carcinogens and misrepresent nicotine
content on their labels. As a result, the FDA has warned the public
about the potential health risks of using electronic cigarettes.
(c) The FDA has asserted that electronic cigarettes should be
regulated as drug delivery devices.
(d) There is no scientific evidence that electronic cigarettes can
help smokers to quit smoking. Electronic cigarette manufacturers and
retailers are making unproven health claims about their products by
asserting that they are safe or safer than traditional cigarettes.
(3)
(e) Electronic cigarettes offered for sale in this
state are produced overseas and not currently subject to state and
federal quality control protections.
(4)
(f) Since electronic cigarettes are not yet
regulated at the federal, state, or local level, they can be legally
sold to minors.
(5)
(g) County tobacco control programs have reported the
attempted sale of electronic cigarettes to minors at shopping malls.
Throughout the state, retailers have established shopping mall kiosks
near food courts and stores frequented by adolescents. At these
kiosks, retailers target teens with pitches for electronic cigarettes
with flavored cartridges.
(6)
(h) A 2008 report prepared for the State Department of
Public Health found, with regard to the California Tobacco Control
Program, that law enforcement agencies continue to rank policies and
procedures, such as suspension or revocation of business licenses and
civil and criminal penalties for owners and clerks who sell tobacco
to minors, as effective strategies to reduce youth access to tobacco.
(b) The Legislature finds and declares that due to important
health, safety, and welfare concerns that affect the entire state,
regulating the sale to and use by minors of electronic cigarettes is
a statewide concern, and not a municipal affair.
SEC. 2. Chapter 9 (commencing with Section 119405) is added to
Part 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER 9. ELECTRONIC CIGARETTES
119405. (a) It is To the extent not
preempted by federal law, including, but not limited to, the
regulation of electronic cigarettes by the United States Food and
Drug Administration, it shall be unlawful for a
person to sell or otherwise furnish an electronic cigarette, as
defined in subdivision (b), to a person under 18 years of age.
(b) "Electronic cigarette" means a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.
(c) A violation of this section shall be an infraction punishable
by a fine not exceeding two hundred dollars ($200) for the first
violation, by a fine not exceeding five hundred dollars ($500) for
the second violation, or by a fine not exceeding one thousand dollars
($1,000) for a third or subsequent violation.
(d) Nothing in this section nor any other law shall be construed
to invalidate an existing ordinance of, or prohibit the adoption of
an ordinance by, a city or county that regulates the distribution of
electronic cigarettes in a manner that is more restrictive than this
section, to the extent that the ordinance is not otherwise prohibited
by federal law.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the health of minors from a product with
contents that have not been comprehensively studied and are
unregulated on the market, it is necessary for this bill to go into
immediate effect.
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