This law is called the Stop Tobacco Access to Kids Enforcement Act, also known as the STAKE Act.

This section defines key terms related to tobacco regulation in California. It explains that the 'Department' refers to the State Department of Public Health. The 'Enforcing agency' can be this department or other state and local bodies, including law enforcement entities.

'Smoking' covers traditional methods like cigars and cigarettes, as well as electronic smoking devices that create aerosol or vapor. 'Tobacco product' includes any tobacco-derived item intended for consumption in various forms, including devices like e-cigarettes.

It also notes exceptions for products approved by the FDA for tobacco cessation or therapeutic uses.

This law highlights the importance of reducing and ending the illegal purchase and use of tobacco by people under 21. It stresses the need for California to follow federal rules, like the "Synar Amendment," which limits tobacco sales to minors and demands states enforce no tobacco sales to those under 18. Achieving this requires teamwork among various state and local agencies that deal with businesses selling tobacco.

The California State Department of Public Health is tasked with reducing tobacco access to individuals under 21 years old through various enforcement activities. They need to establish programs that enforce this, including requiring retailers to post warnings at purchase points. Sellers must check IDs for anyone appearing under 21, and a hotline is provided to report illegal sales.

Primary enforcement responsibility lies with the department, which conducts random inspections using individuals under 21 to check compliance. These inspections can be triggered by public complaints or past violations. Young participants in these operations won't face legal penalties for purchasing tobacco as part of enforcement actions.

The department will issue guidelines for using under-21 individuals during inspections, requiring photos or videos for identification, and allowing video documentation. Participants are supervised by peace officers, and must truthfully present ID if asked. Sellers have legal defenses if the participant looks over 21 or fails to show ID when asked. After inspections, sellers will be informed of the inspection.

The department must report on compliance with a federal law, ensuring state adherence, and share this report with state leaders. Finally, penalties for violations are directed at business owners, not individual employees.

This law states that any civil penalties collected by the department and other state agencies related to this division must be deposited into a specific account in the State Treasury. This account is called the Sale of Tobacco to Minors Control Account.

This law requires distributors, wholesalers, and vending machine operators of cigarettes and tobacco products to provide the State Department of Health Services with annual lists of business names and addresses where tobacco is supplied. The purpose is to identify tobacco retailers and ensure they are following the rules. Vending machine operators must also list locations of their machines. The provided information is considered confidential and is not available to the public under the Public Records Act.

This law states that state department agents enforcing this law have the same powers and protections as Food and Drug Section inspectors. They are considered peace officers, meaning they are authorized to enforce laws similarly to police officers, specifically relating to the regulations they oversee.

If you sell tobacco products in a store, you must check the buyer's ID to make sure they are old enough—21 or older—if they look young.

This statute allows other agencies, besides the main one, to inspect and penalize violations if they follow the relevant rules and laws. Additionally, state and local agencies are encouraged to share inspection information and coordinate efforts to avoid doing the same work more than once.

This law allows officials to fine businesses that sell or give tobacco products to anyone under 21. The fines increase with each offense within five years: starting from $1,000-$1,500 for the first violation to at least $20,000 for five or more. Additional penalties like suspending or revoking licenses apply for repeat offenses. Tobacco vending machine violations and failures to post required notices also incur fines. The enforcement agency must follow specific procedures, and if a violation results in a fine, it can't also lead to criminal charges for the same incident. Only violations at the same retail location count towards penalty accumulation, and previous owner penalties don't affect new owners of franchise locations.

This law mandates that each year, two million dollars from federal funds allocated for substance abuse prevention and treatment is transferred to a special account focused on controlling the sale of tobacco to minors. This money is used by the State Department of Health Care Services to enforce tobacco laws related to minors, once the Legislature has approved its use.

This law says that you can't sell cigarettes or tobacco products from vending machines unless they are at least 15 feet away from the entrance of places with special licenses to serve alcohol on site. These machines must be inside the premises. Even though this is the state's rule, local laws can make stricter regulations or even ban vending machines selling cigarettes and tobacco completely, and those local rules will take precedence if they are more restrictive.

This law makes it illegal to advertise tobacco products on outdoor billboards within 1,000 feet of schools and playgrounds. However, if a local law has stricter rules, those will take precedence. It also allows ads that oppose tobacco use but doesn't allow ads promoting tobacco to include anti-tobacco messages as a loophole.

This law is about how tobacco products and related items can be displayed and sold in retail settings. It defines key terms, like ‘self-service display’ and ‘tobacco paraphernalia,’ and outlines that it is illegal for retailers to use self-service displays for tobacco products unless in a specific situation exempted in another section. Violations lead to civil penalties.

It also sets rules for how blunt wrap advertisements can be displayed, ensuring they're not placed close to candy, snacks, or drinks, and need to be above a certain height from the floor.

Exemptions are provided for tobacco stores displaying certain items under specific conditions, and these stores must prove they qualify for exemptions if challenged. Legal authorities can enforce these rules, and cities or counties can create stricter local regulations if desired.

This law prohibits selling or giving away tobacco products to people under 21 through the mail or delivery services. Sellers must verify a buyer's age with government records or through age-verification kits before shipping. Only personal checks or credit cards, not cash or money orders, can be used to buy tobacco online, with a minimum purchase of two cartons of cigarettes. Sellers must call to confirm orders after 5 p.m., and deliveries must be sent to verified addresses, not P.O. boxes. Packages must state they include tobacco, and delivery requires a signature from someone 21 or older.

If a minor gets tobacco despite compliance, the seller is not at fault. Delivery services aren't penalized if they unknowingly transport tobacco. Violations can result in fines ranging from $1,000 to $10,000 depending on the number of offenses over five years.

This law explains that California sets a minimum age to buy or have tobacco products, but local governments can set a higher age limit if they want. If there's a conflict between this state rule and a local rule, the stricter local rule will apply.