California AB 3218 and SB 1230 update definitions of “nicotine” and “characterizing flavor” to strengthen the state’s existing ban on flavored vape and tobacco products in SB 793.
In the ongoing effort to promote public health and safety, California has passed into law two significant pieces of legislation effective January 1, 2025: AB 3218 and SB 1230. Strengthening California’s existing ban SB 793, these new laws empower cities and counties to enact and enforce stricter regulations regarding flavored vapes and tobacco products within their jurisdictions.
AB 3218
SB 1230
This bill enhances the powers of cities and counties to enforce certain tobacco product regulations through code enforcement, including seizure and heightened civil penalties. This includes the power to seize illegal flavored vapes and tobacco products and impose penalties on violators.
Key Highlights of AB 3218 and SB 1230
Enhanced Public Health
Reducing the availability of flavored vapes and tobacco products can lead to lower smoking rates, especially among minors, which in turn decreases the incidence of smoking-related illnesses and other related disorders stemming from underage consumption.
Youth Protection
Reducing the availability of flavored vapes and tobacco products can lead to lower smoking rates, especially among minors, which in turn decreases the incidence of smoking-related illnesses and other related disorders stemming from underage consumption.
Unflavored Tobacco List ("UTL")
The California State Attorney General must publish a finalized UTL by December 31, 2025, allowing manufacturers and employers time to apply for their product(s) to be on the UTL.
Steps for Successful Implementation
1. Community Engagement
Inform local businesses, residents, and stakeholders about the benefits and objectives of these new regulations.
2. Update Ordinances
Update local ordinances to comply with the new State laws, especially regarding definitions, flavored tobacco products, seizure authority and process, and civil penalties. Although parts of the State laws can be enforced directly, others require ordinance amendments.
3. Code Enforcement Training
Effectively equip code enforcement officers with the knowledge and tools to identify and enforce illegal flavored vapes and other illegal tobacco products.
4. Collaboration with Public Agencies
Work closely with public health agencies and law enforcement to ensure cohesive implementation and enforcement.
Common Questions
What are the penalties for non-compliance?
To deter future violations, penalties include significant fines and the seizure of illegal flavored vapes and tobacco products.
Can local agencies directly enforce these new State laws?
Some aspects of the new laws can be directly enforced by a local agency without updating their ordinances or enacting new policies. However, other tools will require code updates or recommend setting parameters of local regulation relating to flavored vapes and tobacco products.
Can local law exceed these new State laws?
These laws generally do not preempt or prohibit local regulations that impose greater restrictions on access to tobacco products.
What can Civica Law do for my public agency?
Civica Law provides comprehensive legal support to public agencies including but not limited to compliance advisory and enforcement strategy development.
Stay Informed with Legal Updates
California cities and counties must remain updated on any changes or amendments to these laws. Civica Law provides monthly legal updates to ensure public agencies comply with the latest regulations. Implementing AB 3218 and SB 1230 is pivotal in fostering healthier, safer communities. By understanding these laws and leveraging expertise from legal professionals like Civica Law, cities and counties can ensure effective enforcement and positive community outcomes.
Legal Disclaimer
This blog provides updates and insight on current municipal legislation and is not intended as legal advice. Contact us or consult with your agency’s attorney for official legal counsel.
