Vape and tobacco laws in California

“Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.
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“Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor. “Flavored tobacco product” includes any tobacco product, other than looseleaf tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to Section 104559.1.
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“Tobacco product” means any of the following: (i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah. (iii) Any component, part, or accessory of a tobacco product, whether or not sold separately.
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A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer.
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Subdivision (b) does not apply to looseleaf tobacco or premium cigars.

The Attorney General shall establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a characterizing flavor. This list shall be known as the Unflavored Tobacco List (UTL).
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not sell any tobacco product not appearing on the UTL or any tobacco product flavor enhancer to any retailer, wholesaler, or other person for sale in California. A delivery seller shall not sell a tobacco product not appearing on the UTL or a tobacco product flavor enhancer to a consumer in California.

ARTICLE 19S. PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS
IN SAN FRANCISCO
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"Distribute" or "Distribution" means the transfer, by any Person other than a common carrier,
o[a Tobacco Product at any point from the place o[Manu[acture or thereafter to the Person who sells
the Tobacco Product to an individual [or personal consumption.
"Electronic Cigarette" has the meaning set forth in Section 30121 o(the California Revenue
and Taxation Code, as may be amended from time to time.
"Flavored Tobacco Product" has the meaning set forth in Health Code Section 19Q.2.
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"Sell, " "Sale, " and "to Sell" mean any transaction where, for any consideration, ownership of
a Tobacco Product is transferred from one Person to another, including but not limited to any transfer
o[title or possession [or consideration, exchange, or barter, in any manner or by any means.
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SEC. 19S.2. PROHIBITION ON SALE OR DISTRIBUTION OF TOBACCO PRODUCTS.
(a) No Person shall Sell or Distribute any Flavored Tobacco Product to a Person in San
Francisco. There shall be a rebuttable presumption that a Tobacco Product, other than a Cigarette, is
a Flavored Tobacco Product if a manufacturer or any o[the manufacturer's agents or employees, in
the course oftheir agency or employment, has made a statement or claim directed to consumers or to
the public that the Tobacco Product has or produces a Characterizing Flavor, including, but not
limited to, text, color, and/or images on the product's Labeling or Packaging that are used to explicitly
or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
(jz) No Person shall Sell or Distribute an Electronic Cigarette to a Person in San Francisco
where the Electronic Cigarette:
(1) Is a New Tobacco Product;
(2) Requires premarket review under 21 U.S. C. § 387;. as may be amended from time
to time,· and
{3) Does not have a premarket review order under 21 U.S. C. § 387j(c){l )(A)(i), as may
be amended from time to time.

ARTICLE 19S. PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS
IN SAN FRANCISCO
...
"Distribute" or "Distribution" means the transfer, by any Person other than a common carrier,
o[a Tobacco Product at any point from the place o[Manu[acture or thereafter to the Person who sells
the Tobacco Product to an individual [or personal consumption.
"Electronic Cigarette" has the meaning set forth in Section 30121 o(the California Revenue
and Taxation Code, as may be amended from time to time.
"Flavored Tobacco Product" has the meaning set forth in Health Code Section 19Q.2.
...
"Sell, " "Sale, " and "to Sell" mean any transaction where, for any consideration, ownership of
a Tobacco Product is transferred from one Person to another, including but not limited to any transfer
o[title or possession [or consideration, exchange, or barter, in any manner or by any means.
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SEC. 19S.2. PROHIBITION ON SALE OR DISTRIBUTION OF TOBACCO PRODUCTS.
(a) No Person shall Sell or Distribute any Flavored Tobacco Product to a Person in San
Francisco. There shall be a rebuttable presumption that a Tobacco Product, other than a Cigarette, is
a Flavored Tobacco Product if a manufacturer or any o[the manufacturer's agents or employees, in
the course oftheir agency or employment, has made a statement or claim directed to consumers or to
the public that the Tobacco Product has or produces a Characterizing Flavor, including, but not
limited to, text, color, and/or images on the product's Labeling or Packaging that are used to explicitly
or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
(jz) No Person shall Sell or Distribute an Electronic Cigarette to a Person in San Francisco
where the Electronic Cigarette:
(1) Is a New Tobacco Product;
(2) Requires premarket review under 21 U.S. C. § 387;. as may be amended from time
to time,· and
{3) Does not have a premarket review order under 21 U.S. C. § 387j(c){l )(A)(i), as may
be amended from time to time.

SEC. 46.90. DEFINITIONS.
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Delivery Sale” shall mean the Sale of any Tobacco Product to any
person for personal consumption and not for resale when the Sale is conducted by any
means other than an in-person, over-the-counter Sale from a Tobacco Retailer in a
licensed location. Delivery Sale includes the Sale of any Tobacco Product when the
Sale is conducted by telephone, other voice transmission, mail, the internet, or app-
based service. Delivery Sale includes delivery by a licensee or third party by any
means, including curbside pickup.
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(3) Any Electronic Smoking Device and any substances that may be
aerosolized or vaporized by such device, whether or not the substance contains
nicotine; or
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(I) Tobacco Retailer" shall mean any person or Proprietor who Sells, offers
for Sale, or exchanges or offers to exchange a Tobacco Product to consumers for any
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SEC. 46.90.1. FLAVORED TOBACCO SALES PROHIBITED.
Pursuant to Section 46.91, Tobacco Products may only be sold at a
location that has been issued a City Tobacco Retailer’s Permit. It shall be unlawful to
Sell or offer for Sale, or possess with the intent to Sell, any Flavored Tobacco Product
at a permitted Tobacco Retailing location.
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SEC. 46.91. TOBACCO RETAILER’S PERMIT REQUIRED.
It shall be a misdemeanor for any person or Proprietor within the City of
Los Angeles to act as a Tobacco Retailer at a location for which a valid Tobacco
Retailer’s Permit has not been issued pursuant to this article.
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All retail Sales of Tobacco Products shall be conducted in-person in the
location for which the Tobacco Retailer’s Permit was issued. No Tobacco Retailer or
any of the Tobacco Retailer’s agents or employees may engage in the Delivery Sale of
Tobacco Products, or knowingly or recklessly Sell or provide Tobacco Products to any
person who intends to engage in the Delivery Sale of the Tobacco Product in the City of
Los Angeles.

(a) Prohibition.—
(1) In general .—All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph.
(2) Reasonable cause .—For the purposes of this subsection reasonable cause includes—
(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or
(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act.
(b) Exceptions.—
(1) Cigars .—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986).
(2) Geographic exception .—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii.
(3) Business purposes.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed only—
(i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or
(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government.
(4) Certain individuals.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

(5) Minimum age of sale
It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.

UPS does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.
All Tobacco Product Shipments must be made using UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Vaping Products are considered Tobacco Products for the purpose of this policy. UPS no longer accepts for U.S. domestic shipment, including import and export into or from the U.S., any Vaping Product, including but not limited to e-cigarette devices and e-liquids or gels, regardless of nicotine content, even if a Shipper or consignee is permitted to ship and receive Vaping Products under applicable laws or regulations.

UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.

We prohibit the shipping of tobacco and tobacco products . Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location. This includes but is not limited to:
Cigarettes
Cigars
Loose tobacco
Smokeless tobacco
Hooka or shisha
Vaporizers
E-cigarettes