City Mandated Minimum Pack Size of Cigars
New Regulations On Pack Sizing
City, State and Federal laws on pack size minimums.
Many cities within California have passed ordinances that prohibits the sale of cigars in individual or small packages. Each city differs in its requirements regarding the pack size, the stores affected, or minimum prices on individual cigars sold.
LIST OF CITIES THAT HAVE A MINIMUM PACK SIZE OF CIGARS ORDINANCE IN PLACE
CALIFORNIA STATE LAW – MINIMUM PACK SIZE AND SINGLE CIGARETTES
California Penal Code Sections 308.2 – 308.3
No person may sell 1 or more cigarettes, other than in a sealed and properly labeled package. A sealed and properly labeled package means the original packaging of the manufacturer or importer that meets federal labeling requirements.
Violators are guilty of an infraction.
MINIMUM PACKAGE SIZE
Cigarettes may not be manufactured, distributed, sold, or offered for sale in packages of fewer than 20 cigarettes. Roll-your-own (RYO) tobacco may not be manufactured, distributed, sold, or offered for sale in a package containing less than 0.60 ounces of tobacco.
Violators are liable for a civil penalty of $200 for the first violation, $500 for a second violation, and $1,000 for each subsequent violation or are guilty of an infraction.
FEDERAL RESTRICTIONS ON MINIMUM PACK SIZE AND SINGLE ITEMS
21 Code of Federal Regulations Section 1140.16(b)
The Tobacco Control Act states that cigarettes may not be manufactured, sold or distributed in packages containing fewer than 20 cigarettes. A tobacco retailer may not sell or distribute any quantity of cigarettes of smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use.
Any person who violates this provision shall be subject to a civil penalty of up to $15,000 for each violation and up to $1 million for multiple violations ruled on in a single proceeding. Retailers who violate this provision and have a training program in place that complies with standards developed by the FDA will be subject to a set of different penalties.