Regulation

California Senate Bill No. 424 - As Amended 3-29-19

AMENDED IN SENATE MARCH 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

SENATE BILL

No. 424

Introduced by Senator Jackson - February 21, 2019

An act to amend Section 47115.5 of the Public Resources Code, relating to solid waste. An act to add Division 8.55 (commencing with Section 22965) to the Business and Professions Code, and to add Chapter 20.5 (commencing with Section 42984) to Part 3 of Division 30 of the Public Resources Code, relating to tobacco products.

LEGISLATIVE COUNSEL'S DIGEST

SB 424, as amended, Jackson. Solid waste: sharps disposal. Tobacco products: single-use and multiuse components.

(1) Under existing law, the Stop Tobacco Access to Kids Enforcement Act, an enforcing agency, as defined, may assess civil penalties against any person, firm, or corporation that sells, gives, or furnishes specified tobacco and cigarette related items, including cigarette papers, to a person who is under 21 years of age, except as specified. The existing civil penalties range from $400 to $600 for a first violation, up to $5,000 to $6,000 for a 5th violation within a 5-year period.

Existing law prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or other public or private postal or package delivery service. Under existing law, a district attorney, city attorney, or the Attorney General may assess civil penalties against a violator of not less than $1,000 or more than $2,000 for the first violation and up to $10,000 for a 5th or subsequent violation within a 5-year period.

Under existing law, every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or furnishes a cigarette, among other specified items, to another person who is under 21 years of age is, except as specified, subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense.

This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, an attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product, and a single-use electronic cigarette or vaporizer device. The bill would prohibit that selling, giving, or furnishing, whether conducted directly or indirectly through an in-person transaction, or by means of any public or private method of shipment or delivery to an address in this state.

This bill would authorize a city attorney, county counsel, or district attorney to assess a $500 civil fine against each person determined to have violated those prohibitions in a proceeding conducted pursuant to the procedures of the enforcing agency, as specified.

(2) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use carryout bags and single-use plastic straws.

This bill would require the manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product, or, alternatively, if certain conditions are met, to collect reusable components that are not eligible for recycling through a take-back or mail-back program, as provided. The bill would define “reusable component” to mean a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use. The bill would require a manufacturer to collect reusable components that are household hazardous waste, as defined, and send those components to the appropriate recycler, or to reimburse household hazardous waste collection facilities, as defined, for the costs of collecting and recycling those reusable components. The bill would authorize the department to impose an administrative penalty, as provided, on a manufacturer that is in violation of these provisions.

The bill would authorize the department to collect a fee that does not exceed the reasonable regulatory costs of enforcing and administering these provisions from the manufacturer of a tobacco product with a reusable component, and to adopt regulations to implement these provisions.

Existing law requires a manufacturer or distributor of sharps, or another specified entity, to establish and implement, either on its own or as part of a group of covered entities through membership in a stewardship organization, a stewardship program for the collection, transportation, and disposal of home-generated sharps waste. Existing law requires an entity that establishes and implements that stewardship program to provide to the California State Board of Pharmacy a list of sharps required to be included in the stewardship program, and a list and description of any sharps that are not required to be included, that it sells or offers for sale in the state.

The California Integrated Waste Management Act of 1989 requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to submit annually, on or before July 1, to the Department of Resources Recycling and Recovery a plan that describes how the manufacturer supports the safe collection and proper disposal of the waste devices. The department is required to post and maintain copies of the plans on its Internet Web site.

This bill would require a plan submitted to the department on or after July 1, 2021, to include a description of the number and types of devices sold or distributed in the state by the manufacturer.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: no  

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

 Division 8.55 (commencing with Section 22965) is added to the Business and Professions Code, to read:

DIVISION 8.55. Prohibition on Cigarettes Utilizing Single-Use Filters and Single-Use Electronic Cigarettes or Vaporizer Devices

22965.

 (a) A person or entity shall not sell, give, or in any way furnish to another person, of any age, in this state, any of the following:

(1) A cigarette utilizing a single-use filter made of any material, including cellulose acetate, any other fibrous plastic material, or any organic or biodegradable material.

(2) An attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product.

(3) A single-use electronic cigarette.

(4) A single-use vaporizer device.

(b) The prohibition under subdivision (a) applies to any direct or indirect transaction, whether made in person in this state or by means of any public or private method of shipment or delivery to an address in this state.

(c) The sale, gift, or other furnishing of one to 20 items specified in paragraphs (1) to (4), inclusive, of subdivision (a) constitutes a single violation of this section.

22966.

 (a) (1) A city attorney, county counsel, or district attorney may assess a civil fine of five hundred dollars ($500) for each violation of Section 22965. Only a city attorney, county counsel, or district attorney may assess the civil fine against each person determined to be in violation of Section 22965.

(2) Proceedings under this section shall be conducted pursuant to the procedures of the enforcing agency that are consistent with Section 131071 of the Health and Safety Code and in accordance with Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Fine moneys assessed pursuant to this section shall be deposited in the treasury of the city or county, respectively, of the city attorney, county counsel, or district attorney who assessed the fine.

22967.

 A city attorney, county counsel, or district attorney acting as an enforcing agency, as defined in subdivision (b) of Section 22950.5, is encouraged, but not required, to develop guidelines for its agency to conduct tobacco control investigations of violations of subdivision (a) of Section 22965 concurrent with investigations of violations of Section 308 of the Penal Code or Division 8.5 (commencing with Section 22950), conducted in accordance with Section 22952, or concurrent with investigations of violations of any tobacco control provisions created by local ordinance in its jurisdiction.

SEC. 2.

 Chapter 20.5 (commencing with Section 42984) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER  20.5. Tobacco Products

42984.

 For purposes of this chapter, the following definitions apply:

(a) “Electronic cigarette” has the same meaning specified in Section 30121 of the Revenue and Taxation Code. “Electronic cigarette” includes, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

(b) “Mail-back program” has the same meaning specified in subdivision (m) of Section 42030.

(c) “Reusable component” means a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use.

42984.2.

 (a) Except as provided in subdivision (b), the manufacturer of a tobacco product shall use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product.

(b) If it is not possible to make the reusable component out of a material eligible for recycling as described in subdivision (a), or if the use of tobacco in or through the reusable component renders the component no longer eligible for recycling, the manufacturer of a tobacco product with a reusable component shall collect those reusable components through either of the following:

(1) Take-back collection bins that the manufacturer makes available to the public at every location that sells that manufacturer’s tobacco product.

(2) A mail-back program that uses safe-for-handling containers that the manufacturer makes available to the public at every location that sells that manufacturer’s tobacco product.

(c) If a reusable component would be designated as household hazardous waste, as defined in Section 25218.1 of the Health and Safety Code, at the end-of-life of that component, the manufacturer of the tobacco product with that reusable component shall collect that reusable component and send the component to the appropriate recycler, or shall reimburse household hazardous waste collection facilities, as defined in Section 25218.1 of the Health and Safety Code, for the costs of collecting and recycling the reusable component.

(d) The manufacturer of a tobacco product with a reusable component may fund and join a stewardship organization with other manufacturers to meet the requirement specified in subdivision (b). A stewardship organization shall submit to the department for approval a stewardship plan describing the take-back or mail-back program and a list of the manufacturers that are members of the stewardship organization.

(e) The costs of administering a take-back or mail-back program pursuant to paragraph (1) or (2) of subdivision (b) shall not be passed on to the consumer through a visible fee.

(f) A manufacturer of a tobacco product with a reusable component, individually or through membership in a stewardship organization, shall provide an annual report to the department that describes the manufacturer’s compliance with this section.

42984.4.

 (a) The department may adopt regulations to implement this chapter.

(b) The department may collect a fee that does not exceed the reasonable regulatory costs of enforcing and administering this chapter from the manufacturer of a tobacco product with a reusable component.

(c) (1) The department may impose an administrative penalty on a manufacturer that is in violation of this chapter.

(2) The amount of the administrative penalty imposed pursuant to this subdivision shall not exceed ten thousand dollars ($10,000) per day unless the violation is intentional, knowing, or reckless, in which case the administrative penalty shall not exceed fifty thousand dollars ($50,000) per day.

(3) The department shall deposit all penalties collected pursuant to this subdivision in the Tobacco Product Stewardship Account, hereby created.

SECTION 1.Section 47115.5 of the Public Resources Code is amended to read:

47115.5.

(a)The plan required pursuant to Section 47115 shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following:

(1)Provide for the safe collection and proper disposal of waste devices.

(2)Educate consumers about safe management and collection opportunities.

(3)Support efforts by retailers, pharmaceutical distributors, manufacturers of injection devices, and other partners, including local governments, health care organizations, public health officers, solid waste service providers, and other groups with interest in protecting public health and safety through the safe collection and proper disposal of waste devices.

(b)A plan required pursuant to Section 47115 submitted on or after July 1, 2021, shall also include a description of the number and types of devices sold or distributed in the state by the manufacturer.

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