Tobacco Laws
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 2023: 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: 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 Product 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 December21.2022 (Health and Safety Code Section 104559.5)

Online Sales of Tobacco Products Law
- Stop Tobacco Access 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.
Laws Resources for Retail Businesses
- Tobacco control laws that affect California Retail Busines
- Retail tobacco laws FAQ
- TECCFlix tutorials: STAKE Act
- Tobacco 21 resources for retailers
- California flavored tobacco sales law- SB793
Smoking Is Prohibited
Child/Day Care Centers
- Within licensed day care centers, including private residences licensed as family day care homes.
Health and Safety Code Section 1596.795
Farmer’s Markets
- Within 25 feet of the common commerce area of certified farmers’ markets.
Health and Safety Code Section 114371
Foster and Group Homes
- Within a foster or group home, as well as outside the home when children are present.
Health and Safety Code Section 1530.7
Government Buildings
- In all state, county, and city government buildings, including California community college district buildings, as well as within 20 feet from their main exits, entrances, or operable windows, and in any passenger vehicle owned by the state.
Government Code Section 7596-7597
Multi-Unit Housing
- In apartment and condominium indoor common areas (including hallways, stairwells, laundry rooms and recreation rooms). In addition, it is legal for landlords to make all housing they own and manage smoke-free.
Labor Code Section 6404.5; Civil Code Section 1947.5
State Parks & Beaches
- Within state parks and state coastal beaches. Additionally, the disposal of used cigar or cigarettes waste is prohibited unless the disposal is made in an appropriate waste receptacle. Exceptions include paved roadways or parking facilities of state parks and state coastal beaches.
Public Resources Code Section 5008.10
Personal Vehicles
- When a minor (less than 18 years of age) is present in a motor vehicle that is in motion or at rest.
Health and Safety Code Section 118948
Public Transportation
- In all public Transportation systems and in any vehicle of an entity receiving transit assistance.
Health and Safety Code Section 118925
Workplaces
- In all indoor workplaces including bars, restaurants, offices, factories and warehouses. Exceptions include long-term health care facilities (which may designate smoking areas for patients), theatrical productions (where smoking is an integral part of the story), and medical research or treatment sites (where smoking in integral to the research or treatment). Cabs of trucks or tractors must be smoke-free when nonsmoking employees are present. All hotel and motel lobbies, common areas, employee-only areas, meeting or banquet rooms, and at least 80% of guest rooms within a hotel must be smoke-free. Smoking is allowed in tobacco shops and in private smoker’ lounges, as long as it occurs in an enclosed area in or attached to a retail or wholesale tobacco shop.
Labor Code Section 6404.5
Youth Buses
- By an operator of youth bus at all times when operating a youth bus.
Vehicle Code 12523
Smoking and Tobacco Products Are Prohibited
Correctional Facilities
- In all state correctional facilities. Only possession of tobacco products in Department of Corrections’ residential staff housing where inmates are not present is permitted.
Penal Code Section 5030.1
Playground, Tot Lots & Youth Sporting Events
- Within 25 feet of playground, tot lot sandbox, or recreational area specifically designed for use by children, and within 250 feet of a youth sports event, which includes any practice, game, or related activity at which athletes up to 18 years of age are present.
Health and Safety Code 104495
Schools (Public & Charter)
- In all school districts, charter schools, and county offices of education, while students attend school-sponsored activities or are under the supervision and control of school employees. Tobacco and nicotine products are prohibited in charter school-or school district-owned or leased buildings, on school or district, and in school or district vehicles.
Health and Safety Code Sections 104420, 104559; Education Code 48901
| Ordinances | Ordinance Sections related to Tobacco control |
|---|---|
![]() Tehama County Ordinances |
Tehama County Ordinance Sections Related to Tobacco Control Chapter 9.26 – Smoking in County Buildings and Vehicles
Article I – Purpose and findings
26.010 – Purpose and findings
Article III – Unlawful Acts
26.030 – Regulations
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![]() City of Corning Ordinances |
City of Corning Ordinance Sections Related to Tobacco Control Chapter 7.05 – SMOKING IN CITY PARKS AND RECREATIONAL AREAS
05.010 – Smoking prohibited.
05.020 – Smoking defined.
05.030 – Violations and penalties.
Chapter 7.15 – PUBLIC PARKS – PROHIBITED ACTIVITIES
15.060 – Smoking.
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![]() City of Red Bluff Ordinances |
City of Red Bluff Ordinance Sections Related to Tobacco Control ARTICLE 1: GENERAL PROVISIONS
14.3 Spitting, throwing fruit peelings and the like on sidewalks.
14A.24 Skating and skateboarding.
14A.25 Smoking and vaping prohibited.
CHAPTER 6b: COMMERCIAL CANNABIS REGULATION
ARTICLE IV. OPERATIONAL REQUIREMENTS
6b.51 Operational requirements
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