BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 140


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          Date of Hearing:   July 8, 2015


                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION


                                  Adam Gray, Chair


          SB  
          140 (Leno) - As Amended June 1, 2015


          SENATE VOTE:  25-12


          SUBJECT:  Electronic cigarettes.


          SUMMARY:  This bill makes substantive changes to the regulation  
          of electronic cigarettes (e-cigarettes).  Specifically, this  
          bill: 


             1)   Recasts and broadens the definition of  "tobacco  
               product" to include a product  made or derived from tobacco  
               or nicotine that is intended for human consumption, whether  
               smoked, heated, chewed, absorbed, dissolved, inhaled,  
               snorted, sniffed, or ingested by any other means, and  
               includes electronic devices that deliver nicotine or other  
               substances to the person inhaling from the device,  
               including, but not limited to, an electronic cigarette,  
               cigar, pipe, or hookah; and any component, part, or  
               accessory of a tobacco product, whether or not sold  
               separately.  


             2)   Prohibit the use of e-cigarettes in various places,  
               including, but not limited to, school campuses, public  








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               buildings, places of employment, apartment buildings, day  
               care facilities, retail food facilities, health facilities,  
               and vehicles when minors are present, and makes a violation  
               of some of the prohibitions punishable as an infraction.


             3)   Requires retailers of e-cigarettes, which are not  
               subject to a tobacco tax, to apply for a license and pay a  
               license fee, in an amount to be determined by BOE,  
               beginning October 1, 2016.  


          EXISTING LAW:   


             1)   Authorizes the California Department of Public Health  
               (DPH), under the Stop Tobacco Access to Kids Enforcement  
               (STAKE) Act, to assess civil penalties ranging from $400 to  
               $6,000, depending on the number of infractions, against any  
               person, firm, or corporation that sells, gives, or in any  
               way furnishes tobacco products to a person who is under the  
               age of 18.

             2)   Establishes "smoke-free laws," which prohibit the  
               smoking of tobacco products in various places, including,  
               but not limited to, school campuses, public buildings,  
               places of employment, apartment buildings, day care  
               facilities, retail food facilities, health facilities, and  
               vehicles when minors are present, and makes a violation of  
               some of the prohibitions punishable as an infraction.

             3)   Defines "tobacco product" as any product containing  
               tobacco leaf, including, but not limited to, cigarettes,  
               cigars, pipe tobacco, snuff, chewing tobacco, dipping  
               tobacco, bidis, or any other preparation of tobacco.

             4)   Defines "electronic cigarette" as a device that can  
               provide an inhalable dose of nicotine by delivering a  
               vaporized solution. Prohibits a person from selling or  








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               otherwise furnishing an electronic cigarette to a person  
               under the age of 18.

             5)   Requires the Board of Equalization (BOE), under the  
               Cigarette and Tobacco Products Licensing Act, to administer  
               a statewide program to license cigarette and tobacco  
               products manufacturers, importers, distributors,  
               wholesalers, and retailers. Prohibits selling tobacco  
               products without a valid license, and makes violations  
               punishable as a misdemeanor.  

             6)   Requires a retailer, for purposes of collecting a  
               tobacco tax, to obtain a separate license for each retail  
               location that sells cigarettes and tobacco products and pay  
               a one-time fee of $100. Requires BOE to suspend or revoke a  
               retailer's license upon notification by DPH of certain  
               STAKE Act violations.



             7)   Prohibits, under the Stop Tobacco Access to Kids  
               Enforcement Act (STAKE Act), any person from distributing  
               or selling tobacco products via the United States Postal  
               Service (USPS), or any other public or private postal or  
               package delivery service, to any purchaser who is a minor.



             8)   Bans, under the Prevent All Cigarette Trafficking Act  
               (PACT Act), the shipment of tobacco products through the  
               USPS.



          FISCAL EFFECT:  Unknown


          COMMENTS:









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           Purpose of the bill  : According to the author, California has  
          invested 25 years and $2.5 billion in public health measures  
          aimed at reducing tobacco use.  However, that investment is now  
          threatened by a new tobacco product: electronic cigarettes.   
          According to a DPH report, electronic cigarette aerosol contains  
          at least 10 chemicals that are on California's Proposition 65  
          list of chemicals known to cause cancer, birth defects, or other  
          reproductive harm.  Despite industry claims that electronic  
          cigarettes do not present secondhand smoke concerns, studies  
          have found formaldehyde, benzene and tobaccospecific  
          nitrosamines (a carcinogen) coming from the secondhand emissions  
          of ecigarettes.

             
          Despite these potentially serious risks to public health,  
          electronic cigarette use is growing nationwide. The Centers for  
          Disease Control and Prevention (CDC) found that more than a  
          quarter of a million youth who had never smoked a cigarette used  
          electronic cigarettes in 2013. Electronic cigarettes come in  
          enticing flavors such as gummy bear and mango.  While California  
          currently bans the sale of electronic cigarettes to minors under  
          the age of 18, many youth are still able to access the product.


          DPH states, "existing laws that currently protect minors and the  
          general public from traditional tobacco products should be  
          extended to cover electronic cigarettes."  SB 140 will do  
          exactly this by including electronic cigarettes within the Smoke  
          Free Act and the STAKE Act.


           What are E-Cigarettes?  :  Electronic cigarettes are  
          battery-operated inhalers that consist of a rechargeable  
          battery-operated heating element, a replaceable cartridge that  
          may contain nicotine or other chemicals, and an atomizer that,  
          when heated, converts the contents of the cartridge into a  
          vapor, which the user can then inhale.  Electronic cigarettes  
          are often made to look like cigarettes, cigars, pipes and  








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          sometimes like everyday items such as pens and USB memory  
          sticks.  


          According to the World Health Organization (WHO), electronic  
          nicotine delivery systems (ENDS), of which electronic cigarettes  
          are the most common prototype, are devices that do not burn or  
          use tobacco leaves but instead vaporize.  The main components of  
          the solution, in addition to nicotine-when nicotine is  
          present-are propylene glycol, with or without glycerol and  
          flavoring agents.  ENDS solutions and emissions contain other  
          chemicals, some of them considered to be toxicants.  There are  
          more than 450 brands and more than 7,500 flavors on the market,  
          according to the policy report. There has been an average of 10  
          new brands entering the market every month for the last two  
          years, a recent Internet survey found.  


          Electronic cigarettes have been sold in the USA since 2007.  The  
          biggest markets are Europe and North America.  Sales are banned  
          in 13 of the 59 countries that regulate the devices, the WHO  
          reported, but most of those 13 countries say they are still  
          available because of illicit trade and cross-border Internet  
          sales.


          According to the Food and Drug Administration (FDA),  
          e-cigarettes have not been fully studied, so consumers currently  
          do not know: 1) the potential risks of e-cigarettes when used as  
          intended, 2) how much nicotine or other potentially harmful  
          chemicals are being inhaled during use, or 3) whether there are  
          any benefits associated with using these products.  However,  
          they do suggest they are safer than some traditional tobacco  
          products. Mitch Zeller, Director of the Center for Tobacco  
          Products, FDA, in an NPR interview on January 20, 2014, stated:   
          "If a current smoker completely substituted all of the  
          combusting cigarettes that they smoked with an electronic  
          cigarette, that person would probably be significantly reducing  
          their risk."








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           Electronic cigarette safety  : There continues to be many studies  
          being done on the efficacy and safety of e-cigarettes, some of  
          which are conflicting:





          The California State Health Officer released a report in January  
          2015, "A Community Health Threat," about e-cigarettes that  
          cites, among other things, the concern about the health risks of  
          the product, the growing number of users, and the unrestricted  
          marketing tactics for e-cigarettes. E-cigarette poisonings  
          increased from seven in 2012 to 154 in 2014.  By the end of  
          2014, electronic cigarette poisonings to young children tripled  
          in one year, making up more than 60 percent of all electronic  
          cigarette-poisoning calls, according to the report.   
          Furthermore, the state health officer also noted that in  
          California, use of electronic cigarettes among those between the  
          ages of 18 and 29 tripled in one year, from 2.3 percent to 7.6  
          percent.  Nearly 20 percent of these young adult electronic  
          cigarette users had never smoked traditional cigarettes.   
          However, it must be note, as reported by the Department of  
          Public Health (DPH); California has one of the lowest teenage  
          smoking rates in the nation. Through implementation of the STAKE  
          Act, California also has seen a steady decline in illegal sales  
          to minors. 


          A July 2014 report by the WHO, "Electronic nicotine delivery  
          systems (ENDS)," stated that existing evidence shows electronic  
          cigarettes do not produce merely a water vapor but an aerosol  
          that poses serious threats to adolescents and fetuses.  The  
          aerosol inhaled by smokers contains ultra-fine particulate  








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          matter that gets trapped in the small airways of the lungs.   
          According to a 2013 study by The National Center for  
          Biotechnology Information (NCBI) entitled "Does electronic  
          cigarette consumption cause passive vaping?," aerosol exhaled by  
          electronic cigarettes smokers contains nicotine, formaldehyde,  
          and other chemicals, although at much lower levels than  
          emissions from conventional cigarettes, and nicotine metabolites  
          were found in nonsmokers exposed to the exhaled aerosol.





          According to research paper published in "Tobacco Control" (an  
          international peer review journal covering the nature and  
          consequences of tobacco use worldwide) on March 2013, titled:  
          "Levels of selected carcinogens and toxicants in vapour from  
          electronic cigarettes," e-cigarette toxicant levels were 9-450  
          times lower than in cigarette smoke and were, in many cases,  
          comparable with trace amounts found in the reference product.   
          The paper goes on to conclude: "that substituting tobacco  
          cigarettes with e-cigarettes may substantially reduce exposure  
          to selected tobacco-specific toxicants. E-cigarettes as a harm  
          reduction strategy among smokers unwilling to quit, warrants  
          further study".





          Based on the lack of consensus on research comparing  
          e-cigarettes to traditional tobacco products, the committee may  
          wish to consider whether it is premature to define e-cigarettes  
          as such. 













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           Cessation Product  : The FDA has approved a variety of smoking  
          cessation products.  These include prescription medicines as  
          well as over-the-counter products such as skin patches,  
          lozenges, and gum.  Smoking cessation products are regulated  
          through FDA's Center for Drug Evaluation and Research, which  
          ensures that the products are effective and that their benefits  
          outweigh any known associated risks.  The FDA, citing the lack  
          of concrete research, has not approved, or denied, e-cigarettes  
          as a cessation product. Additionally, much like studies done on  
          the safety of e-cigarettes, there are conflicting views on the  
          viability of e-cigarettes as cessation product.   





          According to an article published in the Journal of the American  
          Medical Association (JAMA), titled: "A Longitudinal Analysis of  
          Electronic Cigarette Use and Smoking Cessation," e-cigarettes  
          are aggressively promoted as smoking cessation aids, however,  
          studies of their effectiveness for cessation have been  
          unconvincing.  One randomized trial comparing e-cigarettes with  
          and without nicotine found no differences in 6-month quit rates.  
          Population-based, longitudinal studies have also not shown  
          associations between e-cigarette use and quitting.  One study  
          found, although 85% of smokers who used e-cigarettes reported  
          using them to quit, they did not quit more frequently than  
          nonusers. Among those surveyed, e-cigarette users were less  
          likely to have quit at 7 months than nonusers. 





          According to a survey by the University College London (UCL) and  
          published in Addiction Journal, people attempting to quit  
          smoking without professional help are approximately 60% more  
          likely to report succeeding if they use e-cigarettes than if  
          they use willpower alone or over-the-counter nicotine  








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          replacement therapies such as patches or gum.  The results were  
          adjusted for a wide range of factors that might influence  
          success at quitting, including age, nicotine dependence,  
          previous quit attempts, and whether quitting was gradual or  
          abrupt.  The study surveyed 5,863 smokers between 2009 and 2014  
          who had attempted to quit smoking without the aid of  
          prescription medication or professional support. 20% of people  
          trying to quit with the aid of e-cigarettes reported having  
          stopped smoking conventional cigarettes at the time of the  
          survey. The research, chiefly funded by Cancer Research UK,  
          suggests that e-cigarettes could play a positive role in  
          reducing smoking rates: "E-cigarettes could substantially  
          improve public health because of their widespread appeal and the  
          huge health gains associated with stopping smoking," says  
          Professor Robert West of UCL's Department of Epidemiology &  
          Public Health, senior author of the study. 





          Based on the lack of consensus on research regarding the  
          viability of e-cigarettes as a cessation product, the committee  
          may wish to consider whether it is premature to define  
          e-cigarettes as a "tobacco product".





           Federal Action  : Federal law, the Family Smoking Prevention and  
          Tobacco Control Act of 2009 (Tobacco Control Act), provides the  
          FDA authority to regulate cigarettes, cigarette tobacco,  
          roll-your-own tobacco, smokeless tobacco, and any other tobacco  
          products that the FDA by regulation deems to be subject to the  
          law.  To date, the FDA has not officially acted on the subject  
          of e-cigarette regulation.  However, according to the Federal  
          Register in print Friday, April 25, 2014, the FDA is considering  
          proposed rules regarding, in part, deeming e-cigarettes as a  








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          "tobacco product."  Once a product is deemed a "tobacco  
          product", the FDA may put in place restrictions on the sale and  
          distribution of said product, including age-related access  
          restrictions and advertising and promotion restrictions, if FDA  
          determines the restrictions are appropriate for the protection  
          of the public health.  





          The proposed rules have two purposes: (1) To deem products that  
          meet the definition of ''tobacco product'' under the law except  
          accessories of a proposed deemed tobacco product and subject  
          them to the tobacco control authorities in the Tobacco Control  
          Act; and (2) to apply specific provisions that are appropriate  
          for the protection of the public health to deemed tobacco  
          products.  These provisions include: (1) Enforcement action  
          against products determined to be adulterated and misbranded;  
          (2) required submission of ingredient listing and reporting of  
          harmful and potentially harmful constituents (HPHCs) for all  
          tobacco products; (3) required registration and product listing  
          for all tobacco products; (4) prohibition against use of  
          modified risk descriptors (e.g., ''light,'' ''low,'' and  
          ''mild'' descriptors) and claims unless FDA issues an order  
          permitting their use; (5) prohibition on the distribution of  
          free samples (same as for cigarettes); and (6) premarket review  
          requirements.  The FDA has closed public comment and is  
          reviewing evidence prior to finalizing the proposed rules,  
          specifically on the health risks and the viability of  
          e-cigarettes as a cessation product. 





          The committee may wish to consider whether it is premature to  
          define e-cigarettes as a "tobacco product" prior to the  
          finalization of FDA's regulations.








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           Local Action  :  According to the American Lung Association, 131  
          cities and counties in California  prohibit the use of  
          e-cigarettes in some outdoor areas (dining areas, entryways,  
          public events, recreation areas, service areas, sidewalks, and   
          worksites), some indoor areas (hallways, city owned/ operated  
          facility, hotels/motels, multi-unit housing, public transit,  
          places of employment, restaurants, and theaters/ convention  
          centers), or both.  These 131 municipalities represent a diverse  
          population of local governments-ranging from San Francisco to  
          San Bernardino-that have taken action on where e-cigarettes may  
          be used. The ordinances differ in each city/county. For example,  
          the City of San Francisco prohibits the use of e-cigarettes in  
          public events, recreation areas, service areas, multi-unit  
          housing, public transit, places of employment, restaurants, and  
          theaters/convention centers, while San Bernardino County  
          prohibits service areas, city owned/ operated facility,  
          hotels/motels, public transit, and places of employment.





          In addition to the prohibitions on usage, 94 cities and counties  
          now require a retailer to obtain a license to sell e-cigarettes.  
          Majority of the cities and counties have done this through  
          special language in the definition of tobacco product in their  
          local tobacco retailer licensing ordinance.





           Mail Delivery  :  Prevent All Cigarette Trafficking Act (PACT Act)  
          is a federal law, amongst other things, that prohibits the  








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          delivery of cigarettes and smokeless tobacco through the United  
          States Postal Service (USPS).  This prohibition does not apply  
          to other forms of shipment, such as FedEx and UPS. 





          Some concerns have been raised by the opposition that SB 140, by  
          defining e-cigarettes as a "tobacco product," will place  
          e-cigarettes under the provisions of the PACT Act, specifically  
          the USPS prohibition.  Opposition cites this as potentially  
          damaging to the industry, since a large portion of their sells  
          are done online and delivered to the consumer. 





          According to an informal opinion by Legislative Counsel, SB 140  
          would not be subject to the provision in question under the PACT  
          Act.  The provision states: "All cigarettes and smokeless  
          tobacco are non-mailable and shall not be deposited in or  
          carried through the mails. The United States Postal Service  
          shall not accept for delivery or transmit through the mails any  
          package that it knows or has reasonable cause to believe  
          contains any cigarettes or smokeless tobacco made non-mailable  
          by this paragraph."  The language clearly states that only  
          "cigarettes and smokeless tobacco" are prohibited from being  
          delivered by USPS.  The PACT Act would have to be amended at the  
          federal level to include e-cigarettes for this provision to  
          apply. 





          California law, under the STAKE Act, requires a specified  
          distributor or seller to verify that a purchaser of tobacco  








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          products is 18 years of age or older, and to telephone the  
          purchaser after 5 p.m. to confirm the order prior to shipping  
          the tobacco products. This provision in state law currently does  
          not apply to e-cigarettes.





          A study by the Journal of the American Medical Association found  
          that more than 96% of minors aged 15 to 16 were able to find an  
          Internet cigarette vendor and place an order in less than 25  
          minutes, with most completing the order in seven minutes.  As of  
          2012, more than 23% of all high school students had used some  
          kind of tobacco product in the past month and the use of  
          e-cigarettes has more than doubled among high school students.





          The committee and author may wish to amend the bill to require  
          age verification upon mail delivery of e-cigarettes. 





           Vending Machines  : The STAKE Act prohibits a cigarette or tobacco  
          product from being sold, offered for sale, or distributed from a  
          vending machine or appliance, or any other coin or token  
          operated mechanical device designed or used for vending  
          purposes, unless the machine or appliance is located at least 15  
          feet away from the entrance of a premise that has been issued an  
          on-sale public premises license to sell alcoholic beverages, as  
          specified.











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          According to the National Youth Tobacco Survey, in 2012, 1.78  
          million middle and high school students nationwide had tried  
          e-cigarettes.  Although it is unknown how many students get  
                                                                       e-cigarettes from vending machines, it is reasonable to assume  
          that restricting e-cigarette access through this type point of  
          sale could significantly lower the amount of minors who use  
          e-cigarettes.





          The committee and author may wish to amend the bill to prohibit  
          e-cigarettes from being sold, offered for sale, or distributed  
          from a vending machine. 





           Child Safe Packaging  : As stated above, the State Health Officer  
          has reported an increase in e-cigarette poisonings.  While this  
          is mainly attributable to the increase in overall use of  
          e-cigarettes, it is reasonable to assume that some poisonings  
          occur when a child ingests the liquid solution in the cartridge.  
           SB 438 (Hill), currently set for hearing in Assembly G.O.  
          Committee, would require all cartridges for electronic  
          cigarettes and solutions for filling and refilling an electronic  
          cigarette to be in child-resistant packaging.





          The committee and author may wish to amend the bill to require  
          all cartridges for electronic cigarettes and solutions for  
          filling and refilling an electronic cigarette to be in  








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          child-resistant packaging.





           Not a Tax  : If enacted, SB 140 would NOT add e-cigarettes into  
          the current tobacco tax framework, nor would it create a new  
          tax. Currently, e-cigarettes do not have a specific tax other  
          than the standard state and local sales taxes collected at the  
          point of sale.  As stated above, the FDA is in the process of  
          finalizing regulations to treat e-cigarettes as tobacco  
          products, in which time a federal tobacco tax, ostensibly, could  
          be applied.  As for the State, a tax could be implemented  
          through the legislature, or ballot initiative.  Currently, there  
          are two pending ballot initiatives with the Secretary of State,  
          one of which would place an excise tax on e-cigarettes.





           NJOY vs. FDA  : In March of 2009, FDA directed the U.S. Customs  
          and Border Protection to reject the entry of e-cigarettes into  
          the United States.  Shortly after, Smoking Everywhere, Inc. (SE)  
          filed a lawsuit against FDA, to "stop FDA from improperly  
          exceeding its delegated authority by attempting to regulate  
          electronic cigarettes" to the extent that FDA declared such  
          products to be a new drug and/or new drug device combination.   
          Additionally, SE claimed that Electronic Cigarettes are a  
          "tobacco product", therefore were not currently under regulatory  
          authority of the FDA. The proponents of SB 140 have pointed to  
          this argument as an admission by the industry that e-cigarettes  
          are "tobacco products."  Soon to follow, NJOY, Inc. filed a  
          motion to intervene in the case which was granted. 


          On January 14, 2010, nearly 10 months after this litigation was  
          first filed, the Honorable Judge Leon issued a ruling, granting  








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          SE and NJOY a Preliminary Injunction against the FDA to stop the  
          embargo against SE and NJOY's products coming into the United  
          States.  The FDA immediately appealed the decision.  In December  
          2010, the U.S. Court of Appeals in Washington ruled that the FDA  
          can only regulate e-cigarettes as a tobacco product, unless  
          therapeutic claims are made.


           


          Support  :  According to the co-sponsor, Cancer Action Network  
          (CAN), E-cigarette use is exploding amongst youth.  According to  
          the Centers for Disease Control, use among youth has tripled  
          nationally in the last two years.  There were roughly 600,000  
          high school students nationwide who used e-cigarettes in 2013.   
          That number climbed to around two million in 2014. In  
          California, the Department of Public Health says that among  
          18-29 year olds, use has tripled in the last year.  In 2014,  
          teen use of e-cigarettes surpassed the use of traditional  
          cigarettes for the first time.  More than twice as many 8th and  
          10th graders reported using e-cigarettes than traditional  
          cigarettes. 





          Defining e-cigarettes as a tobacco product in the STAKE Act  
          tackles the issue of minors accessing e-cigarettes by ensuring  
          those products are held to the same standards as traditional  
          cigarettes.  Among the ways, that the STAKE Act prevents youth  
          from purchasing tobacco products is to implement an enforcement  
          program to reduce the illegal sale of tobacco products to minors  
          and to conduct sting operations using 15 and 16 year old minors  
          granted immunity. The STAKE Act also ensures that clerks check  
          the identification of youthful-appearing persons prior to a  
          sale.  Applying this standard to e-cigarettes will be critical  
          in preventing youth access. 








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           Opposition  : According to the Smoke-Free Alternatives Trade  
          Association (SFATA), they support a prohibition on selling to  
          minors and are willing to engage in discussions regarding  
          reasonable licensure requirements.  They state, however, SB 140  
          does not provide a reasonable framework for engaging in  
          conversations on these points, because the bill equates vapor  
          products to tobacco.  Classification of vapor products as  
          tobacco is grossly inappropriate given that the products clearly  
          do not contain tobacco.  SFATA must strongly oppose any  
          legislation that seeks to define e-cigs and vapor products as  
          tobacco, in light of the fact that such a definition is simply  
          scientifically inaccurate, appears to be part of a broader and  
          misleading campaign to equate vapor products with tobacco, and  
          has potentially unfair and unwarranted tobacco tax-related  
          implications.





           Policy Considerations  : While the FDA finalizes its proposed  
          rules regarding e-cigarettes, the committee may wish to further  
          the core intent of the bill, which is to provide more consumer  
          protection, public health and prevent under age use of  
          e-cigarettes.





             1.   Strike definition of e-cigarettes as a "tobacco product"  
               from the bill.  Add existing definition of e-cigarettes in  
               Health and Safety Code (Section 119405(b)) for the purposes  
               of licensure and smoke free laws. 








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             2.   Require age verification upon mail delivery of  
               e-cigarettes.



             3.   Prohibit e-cigarettes from being sold, offered for sale,  
               or distributed from a vending machine.



             4.   Require child resistant packaging for e-cigarettes.  
               Provision is also in SB 438 (Hill) which is set for hearing  
               in Assembly G.O. Committee.



           Related legislation  :  SB 151 (Hernández) of 2015.  Increases the  
          minimum legal age to purchase or consume tobacco from 18 to 21  
          and makes additional conforming changes to restrictions and  
          enforcement mechanisms in current law.  (Pending in Assembly  
          G.O. Committee)





          AB 216 (Garcia) of 2015.  Prohibits the sale of any device  
          intended to deliver a non-nicotine product in a vapor state, to  
          be directly inhaled by the user, to a person under 18 years of  
          age.  (Pending in Senate Appropriations)





          SB 24 (Hill) of 2015.  Extends STAKE Act requirements to the  








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          sale of electronic cigarettes (e-cigs), distinct from the  
          definition of tobacco products, and requires enforcement, as  
          specified, to begin July 1, 2016; extends current smoke-free  
          laws and penalties to e-cigs; requires e-cig cartridges to be in  
          childproof packaging, as defined; broadens the current  
          definition of e-cigs, as specified; and requires all retailers  
          of e-cigs to apply for licensure to sell e-cigs, as specified.  
          (Failed passage on the Senate Floor and is pending  
          reconsideration)


          SB 438 (Hill) of 2015.  Requires all cartridges for electronic  
          cigarettes and solutions for filling and refilling an electronic  
          cigarette to be in child-resistant packaging.  (Pending in  
          Assembly G.O. Committee)


          SB 591 (Pan) of 2015. Imposes an additional excise tax of $2.00  
          per package of 20 cigarettes.  This bill also (1) imposes an  
          equivalent one-time "floor stock tax" on the cigarettes held or  
          stored by dealers and wholesalers, and (2) indirectly increases  
          the tobacco products tax. (Ordered to inactive file on Senate  
          Floor)


           Prior legislation  :  AB 1500 (Dickinson) of 2014.  Would have  
          prohibited a delivery seller, as defined, from selling or  
          delivering an electronic cigarette to a person under 18 years of  
          age.  (Failed passage in the Assembly Appropriations Committee)





          SB 648 (Corbett) of 2013.  Would have restricted electronic  
          cigarettes from being sold in vending machines.  (Failed passage  
          in the Assembly Appropriations Committee)










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          SB 568 (Steinberg) Chapter 336, Statues of 2013.  Prohibits an  
          operator of an Internet Web site, online service, online  
          application, or mobile application, as specified, from marketing  
          or advertising electronic cigarettes to a minor.





          SB 882 (Corbett), Chapter 312, Statutes of 2010.  Made it  
          unlawful, to the extent not preempted by federal law, for a  
          person to sell or otherwise furnish an electronic cigarette to a  
          person less than 18 years of age.





          SJR8 (Corbett) of 2009.  Would have requested that the US Food  
          and Drug Administration prohibit sale of electronic cigarettes  
          until they are deemed safe.  (Failed passage in the Assembly)


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alameda County Board of Supervisors 









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                                                                    Page  21






          Alameda County Tobacco Control Coalition


          American Academy of Pediatrics, California


          American Cancer Society-Cancer Action Network (co-sponsor) 


          American Heart Association/American Stroke Association  
          (co-sponsor) 


          American Lung Association in California (co-sponsor) 


          Association of Northern California Oncologists (ANCO) 


          Breathe California


          California Academy of Family Physicians 


          California Academy of Preventive Medicine 


          California Alliance for Retired Americans 


          California Chapter of the American College of Cardiology 


          California Chapter of the American College of Emergency  
          Physicians 










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                                                                    Page  22





          California Chronic Care Coalition 


          California College and University Police Chiefs Association 


          California League of Cities


          California Medical Association 


          California Narcotic Officers Association 


          California Peace Officers' Association (CPOA) 


          California Pharmacists Association


          California Police Chiefs Association


          California Public Health Association - North  


          California School Employees Association (CSEA) 


          California Society of Addiction Medicine (CSAM) (co-sponsor) 


          California State Association of Counties


          California State PTA 










                                                                     SB 140


                                                                    Page  23





          California Teachers Association 


          Campaign for Tobacco-Free Kids 


          City and County of San Francisco 


          City of Camarillo 


          City of Los Angeles 


          City of Oakland 


          City of Oceanside 


          City of Palo Alto


          City of San Francisco


          City of San Marcos


          City of Walnut Creek 


          Coalition Engaged in A Smoke-free Effort (CEASE) 


          Coalition for a Tobacco-Free Sonoma County 










                                                                     SB 140


                                                                    Page  24





          Common Sense Kids Action


          Community Action Partnership of Madera County (CAPMC) 


          Community Health Involvement Partners (CHIP) 


          County Health Executives Association of California (CHEAC) 


          County of Alameda 


          County of San Diego 


          County of San Francisco


          First 5 Association of California 


          Fresno County Tobacco-Free Coalition 


          Health Access California 


          Health Officers Association of California (HOAC) 


          Kaiser Permanente 


          League of California Cities










                                                                     SB 140


                                                                    Page  25





          Los Angeles City Attorney Mike Feuer 


          Los Medanos Community Healthcare District Board of Directors


          Medical Oncology Association of Southern California (MOASC) 


          Monterey County Collaborates 


          Oceanside city Council


          Orange County Tobacco Education Coalition 


          San Benito County Board of Supervisors


          San Francisco Medical Society 


          San Luis Obispo County Tobacco Control Coalition 


          San Mateo County Tobacco Education Coalition 


          Santa Clara County Board of Supervisors


          Service Employees International Union 


          Service Employees International Union - United Health Workers










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                                                                    Page  26





          Solano County Tobacco Education Coalition 


          State Board of Equalization 


          Tobacco Education and Research Oversight Committee 


          Tobacco Education Network 


          Tobacco Free Coalition of Santa Clara County 


          Yolo County Tobacco Prevention Coalition 


          Yuba County Tobacco Coalition 




          Opposition


          Cal NORML


          California Association for Alcohol/Drug Educators


          NJOY


          Smoke-Free Alternatives Trade Association (SFATA)











                                                                     SB 140


                                                                    Page  27






          Analysis Prepared by:Kenton Stanhope / G.O. / (916)  
          319-2531