Tobacco Laws Affecting California
Environmental Tobacco Smoke

Workplaces

Labor Code 6404.5 (AB 13 and AB 337)

Scope: Smoking is prohibited in an enclosed space at a place of employment (any place where employment is carried on). Any area not defined as a place of employment may be regulated by local ordinance. This law applies to all workplaces meeting the laws criteria, including bars, dues-paying clubs, fraternal organizations, and veterans clubs.

Enforcement: This section is enforced by local law enforcement agencies including local health departments, as determined by the local governing body. The case may be referred to the California Occupational Safety and Health Administration (Cal OSHA) for further enforcement following third violation by an employer in one year.

Penalty: Violations are punishable as infractions, subject to a fine of up to $100 for the first violation, $200 for a second within one year, and $500 for a third and for each subsequent violation within one year.

Tobacco Laws Affecting California Selling Tobacco Products to Minors
Sale & Distribution of Tobacco Products

Penal Code 308(a)

Scope: It is unlawful for any person, fiM or corporation to knowingly sell give, or in any way furnish to a minor any tobacco product or paraphernalia.

Enforcement: Local law enforcement agencies. Civil or criminal actions to enforce the law may be brought by a city attorney, county counsel, or a district attorney.

Penalty-. Violators are subject to either a criminal action for a misdemeanor or to a civil action punishable by a fine of $200 for the first offense, $500 for the second offense, and $1000 for the third offense. Twenty-five percent of penalties collected go to local prosecuting agency and 25% go to the city or county for the administration and cost of community service work provided in Penal Code 308(b).

Business and Professional (STAKE Act)

Penal Code 22958

Scope: Prohibits any person, fn-M or corporation from selling, giving, or in any way funiishing any tobacco product or paraphernalia (including cigarettes and cigarette papers) to a person under the age of I 8.

Enforcement: Violators may be penalized under either this section or Penal Code 308 for a violation; they may not be penalized under both for the saine incident. Violations by one retail location will not be counted against other retail location of the same corporation or business. Violations against a prior owner of a single franchise location shall not be counted against a new owner of the same single franchise location.

Penalty: A civil penalty of $200-$300 for the first violation; $600-$900 for a second violation within a five-year period; $1200-$1800 for a third violation within a five-year period; $3000-$4000 for a fourth violation within a five-year period; or $5000-$6000 for a fifth and for each subsequent violation within a five-year period.

Purchase or Possession of Tobacco by Minors

Penal Code 308(b)

Scope:lt is unlawful for any person under the age of 18 years to purchase, receive or possess any tobacco product or paraphernalia.

Enforcement: Each individual franchise or location of a business shall be treated as a separate entity for purposes of determining the liability for the second and subsequent violations of this section.

Enforcement: Local law enforcement agencies may enforce this law.

Penalty: Violators are subject to a fine of $75 or 30 hours of community service work. The $75 fine may increase when local court costs are added.