Disposable, battery-embedded vapor inhalation device: prohibition and penalties.

In Sections 1.5 and 2.5, the language regarding when seized products may be retained by law enforcement was changed from 'shall be destroyed' to 'are required to be destroyed,' clarifying that the exception applies only when destruction is legally mandated rather than merely anticipated.

The bill title was corrected from 'An act to amend, add, and repeal repeal, and add' (which contained a duplicated word) to 'An act to amend, repeal, and add.'

Standard enrollment formatting changes: removal of all prior amendment dates, addition of Assembly and Senate passage dates, and reformatting of the header block.

New conditional versions of Section 22974.2 (Sections 1.5 and 2.5) extend seizure, forfeiture, and civil penalty provisions to 'vape products' (defined as 'electronic cigarette' under Revenue and Taxation Code Section 30121), in addition to the existing coverage of flavored tobacco products and disposable battery-embedded vapor inhalation devices.

The bill's short title changed from 'prohibition' to 'prohibition and penalties,' reflecting the expanded enforcement and penalty provisions now included in the bill.

New Section 4 creates a conditional operative mechanism: Sections 1.5 and 2.5 only become operative if (1) both AB 762 and AB 2667 are enacted by January 1, 2027, (2) this bill amends/repeals/adds Section 22974.2 while AB 2667 amends it, and (3) this bill is enacted after AB 2667. In that scenario, Sections 1 and 2 of this bill would not become operative.

The provision authorizing the California Department of Tax and Fee Administration to revoke or suspend a tobacco product license for violation of the disposable battery-embedded vapor inhalation device prohibition (former subsection (e) of Section 42260) was removed from the Public Resources Code section.

New Section 22974.2 of the Business and Professions Code (operative January 1, 2028) authorizes seizure and forfeiture of disposable battery-embedded vapor inhalation devices containing tobacco products found at retail locations, in addition to existing flavored tobacco product seizure authority.

Civil penalty of $50 per individual device or package seized is imposed on retailers, with license suspension after a second seizure and license revocation after a third seizure. Penalties are deposited into the Cigarette and Tobacco Products Compliance Fund.

The definition of 'disposable, battery-embedded vapor inhalation device' was changed from a device that 'contains nicotine a tobacco product' to one that 'contains a tobacco product,' removing the specific reference to nicotine and relying on the statutory definition of tobacco product in Section 22971.

The bill's scope expanded from solely adding Chapter 5.1 to the Public Resources Code to also amending and adding provisions in the Business and Professions Code (Section 22974.2), integrating the vapor device ban into the existing tobacco product licensing and enforcement framework.

Assembly Member Wilson was removed as a co-sponsor; the bill is now introduced solely by Assembly Member Irwin.

A transitional version of Section 22974.2 covering only flavored tobacco products remains in effect until January 1, 2028, at which point it is repealed and replaced by a new section that covers both flavored tobacco products and disposable vapor devices.

The definition of 'disposable, battery-embedded vapor inhalation device' was changed from a device that 'contains nicotine' to one that 'contains a tobacco product, as defined.' This broadens the scope beyond nicotine-only devices to any tobacco product in a disposable vapor inhalation device.

The definitions section was restructured into separately numbered paragraphs: (1) defines 'cannabis' or 'cannabis product,' (2)(A) defines the device with refillable and rechargeable criteria, (2)(B) provides the medical device exclusion, and (3) defines 'tobacco product.' This is primarily a drafting reorganization but makes each term independently referenceable.

The provision authorizing the Department of Cannabis Control to revoke or suspend a cannabis business license for violating the ban on disposable vapor inhalation devices containing a cannabis product was removed entirely. The bill no longer gives the cannabis regulator any enforcement role over these devices.

A typo in the fiscal note was corrected: 'expended' changed to 'expend.' Page numbers were updated from 96 to 95 and various formatting adjustments were made throughout.

The definition of 'disposable, battery-embedded vapor inhalation device' now requires the device to contain nicotine but not cannabis or a cannabis product (as defined in Business and Professions Code Section 26001). Previously the definition covered any non-reusable vaporization device regardless of contents.

By adding the nicotine requirement and cannabis exclusion to the core definition, the bill's prohibitions on importing, manufacturing, selling, and distributing disposable vapes now apply only to nicotine-containing devices. Disposable cannabis vapor devices are explicitly excluded from coverage.

The import/manufacture ban date is confirmed as January 1, 2027 (previously shown with amendment markup changing it from 2026), and the sale ban date is confirmed as January 1, 2028 (previously shown with amendment markup changing it from 2026).

Chapter title corrected from 'Disposable, Battery-embedded Battery-Embedded Vapor Inhalation Devices' (duplicated word) to 'Disposable, Battery-Embedded Vapor Inhalation Devices.' Subdivision letters renumbered from (g), (h), (i) to (f), (g), (h) to fix a skipped letter.

The prohibition on selling, distributing, or offering for sale disposable battery-embedded vapor inhalation devices was delayed from January 1, 2026 to January 1, 2028.

A new prohibition on importing or manufacturing for sale in the state a new or refurbished disposable, battery-embedded vapor inhalation device was added, effective January 1, 2027. This targets upstream supply chain actors in addition to downstream sellers.

A severability clause (new subdivision (i)) was added stating that if any provision is held invalid, the remaining provisions continue in effect.

The fiscal note changed the state-mandated local program designation from 'no' to 'yes,' indicating the bill now imposes costs on local agencies that may require state reimbursement or acknowledgment.

New subdivision (d) makes any person who violates the disposable vape ban guilty of an infraction punishable by a fine of not more than $500, adding a criminal penalty on top of existing civil penalties.

New subdivision (e) authorizes the California Department of Tax and Fee Administration to revoke or suspend a tobacco product license of any licensee who violates the ban for a disposable vape device containing a tobacco product.

New subdivision (f) authorizes the Department of Cannabis Control to revoke or suspend a cannabis license of any licensee who violates the ban for a disposable vape device containing a cannabis product.

New subdivision (g) specifies that all penalties in the section are cumulative and in addition to each other, meaning a violator could face civil fines, criminal infraction, AND license revocation simultaneously.

The state-mandated local program designation changed from 'no' to 'yes,' indicating the bill now imposes costs on local agencies that require state reimbursement under the constitution, though a new Section 2 still states no reimbursement is required because the act creates a new infraction.

New Section 2 provides that no reimbursement is required under Article XIII B of the California Constitution because the only costs incurred by local agencies result from the creation of a new infraction, which is exempt from the reimbursement requirement.