Chapter 5

Section § 24600

Explanation

This regulation prohibits the sale or supply of any device meant to deliver a vaporized item, specifically one without nicotine, for breathing in, to individuals younger than 18. Nevertheless, this rule does not cover medicines or medical equipment that the FDA has approved. Breaking this law can result in a fine of up to $500 for the initial violation, up to $1,000 for the second, and up to $1,500 for the third or any subsequent violations.

(a)CA Kalusugan at Kaligtasan Code § 24600(a) It is prohibited for any individual to sell or provide any apparatus designed to dispense a product without nicotine in a vapor form, for direct inhalation by the user, to an individual under 18 years of age.
(b)CA Kalusugan at Kaligtasan Code § 24600(b) The provisions of Subdivision (a) do not extend to the sale or provision of a pharmaceutical or medical apparatus that has received approval from the federal Food and Drug Administration in accordance with the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
(c)CA Kalusugan at Kaligtasan Code § 24600(c) Any breach of this section constitutes an infraction, subject to a penalty not exceeding five hundred dollars ($500) for the initial offense, a penalty not exceeding one thousand dollars ($1,000) for the subsequent offense, or a penalty not exceeding one thousand five hundred dollars ($1,500) for a third or any subsequent offense.
vapor apparatus nicotine-free item below 18 FDA endorsement federal Food Drug and Cosmetic Statute minor offense monetary penalty initial breach subsequent breach third breach medical equipment exception pharmaceutical exception apparatus sales limitation vapor breathing youth safeguarding
(Added by Stats. 2015, Ch. 769, Sec. 1. (AB 216) Effective January 1, 2016.)