AB762 - Disposable, battery-embedded vapor inhalation device: prohibition and penalties.

Amended IN Senate August 20, 2026 Amended IN Senate June 30, 2026 Amended IN Senate June 22, 2026 Amended IN Assembly January 26, 2026 Amended IN Assembly January 14, 2026 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 762 Introduced by Assembly Member Irwin February 18, 2025 An act to amend, add, and repeal repeal, and add Section 22974.2 of the Business and Professions Code, and to add Chapter 5.1 (commencing with Section 42260) to Part 3 of Division 30 of the Public Resources Code, relating to vapor inhalation devices. LEGISLATIVE COUNSEL'S DIGEST AB 762, as amended, Irwin. Disposable, battery-embedded vapor inhalation device: prohibition and penalties. (1) Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes. This bill would prohibit, beginning January 1, 2027, a person from importing or manufacturing for sale in this state a new or refurbished disposable, battery-embedded vapor inhalation device, and, beginning January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a “disposable, battery-embedded vapor inhalation device” to mean a vaporization device that contains a tobacco product, as defined, but not cannabis or a cannabis product, as defined, and that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the above-described disposable battery-embedded vapor inhalation device prohibition guilty of an infraction punishable by a fine of not more than $500. By expanding the scope of an infraction, this bill would impose a state-mandated local program. The bill would specify that any penalty described above is in addition to the other penalties authorized by the bill. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. The bill would make its provisions severable. (2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributers, wholesalers, and retailers of cigarettes and tobacco products. Existing law prohibits the retail sale of any flavored tobacco product or tobacco product flavor enhancer, as specified. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers, to seize those products, as specified. Existing law requires the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. Existing law requires those civil penalties be deposited into the Cigarette and Tobacco Products Compliance Fund, which is available upon appropriation by the Legislature. This bill would, beginning January 1, 2028, also include the unlawful sale or offering for sale, as specified, of a disposable battery-embedded vapor inhalation device containing a tobacco product by a retailer within the conduct subject to those provisions. This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 2667 to be operative only if this bill and AB 2667 are enacted and this bill is enacted last. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 22974.2 of the Business and Professions Code is amended to read: 22974.2. (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.5 of the Health and Safety Code, the department or the law enforcement agency may seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person’s location. (2) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers shall be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. (b) (1) In addition to seizure and forfeiture of the flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall issue a civil penalty against the retailer equal to fifty dollars ($50) per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department by a law enforcement agency regardless of the authority used by the law enforcement agency to seize the flavored tobacco product or tobacco product flavor enhancer. The department shall issue the civil penalty in accordance with the procedures applicable to the civil penalty authorized under Section 22974.7. (2) In the case of a second seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall suspend the license of the retailer, in accordance with the procedures set forth in Section 22980.3. (3) In the case of a third seizure and forfeiture of flavored tobacco products or tobacco product flavor enhancers under subdivision (a), the department shall revoke the license of the retailer, in accordance with the procedures set forth in Section 22980.3. (4) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990. (5) For the purposes of paragraph (1), “package” means the individual packet, box, or other container of flavored tobacco products or tobacco product flavor enhancers that are normally sold or intended to be sold at retail. “Package” does not include containers that contain smaller packaging units of flavored tobacco products or tobacco product flavor enhancers, including, but not limited to, cartons, cases, bales, or boxes. (c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 1.5. Section 22974.2 of the Business and Professions Code is amended to read: 22974.2. (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.5 of the Health and Safety Code, or vape products in violation of Section 119407 of the Health and Safety Code, the department or the law enforcement agency may seize the flavored tobacco products or products, tobacco product flavor enhancers enhancers, or vape products at the retail location or any other person’s location. (2) (A) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers shall are required to be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. (B) Any vape products seized by the department shall be deemed forfeited to the state and the department shall comply with the procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. (b) (1) In addition to seizure and forfeiture of the flavored tobacco products or products, tobacco product flavor enhancers enhancers, or vape products under subdivision (a), the department shall issue a civil penalty against the retailer equal to fifty dollars ($50) per individual package of flavored tobacco product or product, tobacco product flavor enhancer enhancer, or vape product seized or delivered to the department by a law enforcement agency regardless of the authority used by the law enforcement agency to seize the flavored tobacco product or product, tobacco product flavor enhancer. enhancer, or vape product. The department shall issue the civil penalty in accordance with the procedures applicable to the civil penalty authorized under Section 22974.7. (2) In the case of a second seizure and forfeiture of flavored tobacco products or products, tobacco product flavor enhancers enhancers, or vape products under subdivision (a), the department shall suspend the license of the retailer, in accordance with the procedures set forth in Section 22980.3. (3) In the case of a third seizure and forfeiture of flavored tobacco products or products, tobacco product flavor enhancers enhancers, or vape products under subdivision (a), the department shall revoke the license of the retailer, in accordance with the procedures set forth in Section 22980.3. (4) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990. (5) For the purposes of paragraph (1), “package” means the individual packet, box, or other container of flavored tobacco products or products, tobacco product flavor enhancers enhancers, or vape products that are normally sold or intended to be sold at retail. “Package” does not include containers that contain smaller packaging units of flavored tobacco products or products, tobacco product flavor enhancers, or vape products, including, but not limited to, cartons, cases, bales, or boxes. (c) For the purposes of this section, “vape product” has the same meaning as “electronic cigarette” as defined in Section 30121 of the Revenue and Taxation Code. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 2. SEC. 2. Section 22974.2 is added to the Business and Professions Code, to read: 22974.2. (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.5 of the Health and Safety Code, or sells or offers for sale a disposable, battery-embedded vapor inhalation device containing a tobacco product in violation of Section 42260 of the Public Resources Code, the department or the law enforcement agency may seize the flavored tobacco products, tobacco product flavor enhancers, or disposable, battery-embedded vapor inhalation devices containing a tobacco product at the retail location or any other person’s location. (2) (i) (A) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers shall be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chap [Text truncated for display. Full text available on Congress.gov.]