SB 1230: Strengthen Tobacco Oversight Programs (STOP) and Seize Illegal Tobacco Products Act.

Existing law, except as specified, prohibits a tobacco retailer, or any of the tobacco retailers agents or employees, 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, as defined.

Under the Cigarette and Tobacco Products Licensing Act of 2003, the California Department of Tax and Fee Administration administers the statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products.

This bill, the Strengthen Tobacco Oversight Programs (STOP) and Seize Illegal Tobacco Products Act, would amend the Cigarette and Tobacco Products Licensing Act of 2003 to authorize the department, if it discovers that a retailer, or any of the tobacco retailers agents or employees, sell, offer for sale, or possess with the intent to sell or offer for sale a flavored tobacco product or tobacco product flavor enhancer, in violation of existing law, to seize those products at the retail location or any other persons location. The bill would deem any seized products to be forfeited and would require the department to comply with specified procedures relating to the seizure and forfeiture of cigarette and tobacco products.

Existing law requires certain items forfeited to the state, including any cigarettes or tobacco products forfeited to the state pursuant to the Cigarette and Tobacco Products Licensing Act of 2003, to be destroyed.

This bill would additionally require flavored tobacco products and tobacco product flavor enhancers forfeited to the state pursuant to the Cigarette and Tobacco Products Licensing Act of 2003 to be destroyed.

The Stop Tobacco Access to Kids Enforcement (STAKE) Act regulates the use of tobacco and tobacco products by, among other things, prohibiting a person from selling or otherwise furnishing tobacco, cigarettes, or any other paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance to a person under 21 years of age, and establishes an exception for active duty military personnel who are at least 18 years of age. Existing law authorizes civil penalties for a first and subsequent violations of the act.

This bill would increase the penalties for providing a person who is under 21 years of age any of those substances or paraphernalia.

Existing federal law prohibits the sale of tobacco products to any person younger than 21 years of age.

This bill, in conformity with federal law, would repeal the provision authorizing the sale of tobacco products to active duty military personnel who are at least 18 years of age. The bill would also make a nonsubstantive conforming change.

This bill would also make findings and declarations related to the STOP and Seize Illegal Tobacco Products Act.

This bill would incorporate additional changes to Section 104559.5 of the Health and Safety Code proposed by AB 3218 to be operative only if this bill and AB 3218 are enacted and this bill is enacted last.