Vape products: household hazardous waste: advertising., the official text

An act to amend Sections 22974.2 and 22980 of the Business and Professions Code, and to amend Sections 25218.3, 25218.5, and 25218.8 of, to add Section 119407 to, and to add and repeal Section 25218.6 of, the Health and Safety Code, relating to vape products.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law authorizes certain entities to operate household hazardous waste collection facilities, as defined, including permanent and temporary household hazardous waste collection facilities, under permits issued by the Department of Toxic Substances Control. Existing law requires hazardous waste transported to a household hazardous waste collection facility to be transported by specified entities, and imposes conditions on the acceptance of hazardous waste by a household hazardous waste collection facility, including, among others, that the hazardous waste not exceed certain weight requirements. A violation of the hazardous waste control laws is a crime.
This bill would require, until January 1, 2030, the department to evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school, as provided, and identify any recommendations that require future legislative action. The bill would authorize a permanent household hazardous waste collection facility to mechanically disassemble vape pens and devices in a manner that does not result in the unauthorized release of hazardous materials, as specified.
The bill would also impose the above-described conditions relating to the transport of hazardous waste on a public agency, contractor of a public agency, or a registered hazardous waste transporter, transporting vape pens and devices from schools, as provided. The bill would require any vape pens and devices to be transported in containers bearing the school’s Environmental Protection Agency identification number. The bill would specify conditions that apply for purposes of determining how many vape pens and devices may be accepted by a household hazardous waste collection facility without exceeding the specified weight limits. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
(2) Existing law requires all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging.
This bill would prohibit a person from marketing, promoting, labeling, branding, advertising, distributing, offering for sale, or selling a vape product in this state by (A) imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, or (B) including interactive videogame capabilities within a vape product, as provided.
This bill would authorize a city, a county, a city and county, or the state to enforce the above-described prohibitions and to impose civil liability on a person or entity, or distributor, in violation of the prohibitions in specified fine amounts, including $1,000 for the first violation, or for a distributor, $50,000 per violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce the prohibitions. 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 prohibitions guilty of an infraction punishable by a fine of not more than $500. By creating a new crime, the bill would impose a state-mandated local program.
(3) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products. Existing law, except as specified, prohibits a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. 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 in violation of that prohibition to seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person’s location. Existing law deems those seized flavored tobacco products or tobacco product flavor enhancers as forfeited to the state, and requires the department to issue a civil penalty against the retailer, as provided. Existing law also requires the department to suspend or revoke the license of a retailer upon a 2nd or 3rd seizure and forfeiture, as provided.
This bill would apply those same seizure, forfeiture, and civil penalty provisions to a retailer who possesses, stores, owns, or has made a retail sale of vape products, as defined, in violation of the prohibitions related to a vape product described in paragraph (2), above.
Existing law authorizes a peace officer or department employee granted limited peace officer status, as provided, upon presenting appropriate credentials, to enter any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of a violation of specified laws relating to cigarette or tobacco products may be discovered, and to conduct inspections in accordance with specified requirements.
This bill would also authorize those inspections at any place where there is evidence of a violation of the prohibitions related to a vape product described in paragraph (2), above.
(4) 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.

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, 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, tobacco product flavor 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 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, tobacco product flavor 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, tobacco product flavor 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, tobacco product flavor 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, tobacco product flavor 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, tobacco product flavor 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, tobacco product flavor 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, 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.

SEC. 2.
Section 22980 of the Business and Professions Code is amended to read:
22980.
(a) A peace officer or department employee granted limited peace officer status pursuant to paragraph (6) of subdivision (a) of Section 830.11 of the Penal Code, upon presenting appropriate credentials, is authorized to enter any place as described in paragraph (2) or (3) and to conduct inspections in accordance with all of the following:
(1) Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered.
(2) Inspections may be at any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of activities involving evasion of cigarette or tobacco products tax and violations of Section 30165.1 of the Revenue and Taxation Code may be discovered.
(3) Inspections may be at any place where evidence of a violation of Section 104559.1, 104559.5, or 119407 of the Health and Safety Code may be discovered.
(4) Inspections shall be requested or conducted no more than once in a 24-hour period.
(b) Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to Section 22981.

SEC. 3.
Section 25218.3 of the Health and Safety Code is amended to read:
25218.3.
(a) The department may authorize a household hazardous waste collection facility to accept hazardous waste from a VSQG.
(b) (1) (A) A household hazardous waste collection facility that is authorized to accept hazardous waste from a VSQG pursuant to subdivision (a) shall not accept more than 100 kilograms of hazardous waste, or 1 kilogram of extremely hazardous waste, from any one VSQG in a calendar month. Calculations of quantity under this subdivision shall not include universal wastes managed pursuant to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(B) For purposes of determining how many vape pens and devices may be accepted from a VSQG without exceeding the weights specified in subparagraph (A), all of the following shall apply:
(i) A household hazardous waste collection facility may rely upon guidance issued by the United States Environmental Protection Agency entitled “How to Safely Dispose of E-Cigarettes: Information for Schools and Small Businesses” unless the department withdraws or replaces that guidance or issues its own guidance or regulations on the matter.
(ii) For the extremely hazardous waste threshold, the nonacutely hazardous waste may be counted separately from the acutely hazardous waste contained in those vape pens or devices.
(iii) The amount of acutely hazardous waste contained in a vape pen and device is presumed to not exceed the maximum capacity of the cartridge contained in that vape pen and device, unless a VSQG or household hazardous waste collection facility can determine otherwise.
(C) For purposes of subparagraph (B), “vape pen and device” means an electronic device that is powered by one or more removable or embedded batteries and that delivers solely, or a combination of, nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, hookah, or other delivery mechanism.
(2) Notwithstanding paragraph (1), a household hazardous waste collection facility may accept more than 100 kilograms of hazardous waste from a VSQG at a single time as long as it accepts a total of no more than 1,200 kilograms of hazardous waste from that VSQG in a calendar year.
(3) The limits specified in this subdivision do not apply to recyclable latex paint or oil-based paint accepted by a household hazardous waste collection facility that accepts recyclable paint pursuant to Section 25217.2 or oil-based paint pursuant to Section 25217.2.1.
(c) A public agency, or its contractor, that accepts hazardous waste from a VSQG pursuant to this section may charge the VSQG a fee for the cost incurred in handling their hazardous waste.
(d) The department may adopt and revise regulations for household hazardous waste collection facilities, including those that are authorized to accept hazardous waste from a VSQG. The regulations shall provide for all of the following:
(1) Promoting the reduction, reclamation, and recycling of hazardous waste over other hazardous waste management alternatives.
(2) Ensuring the safe transport of household hazardous waste and hazardous waste to authorized collection programs.
(3) Ensuring the compliance of participating VSQGs with the monthly quantity limitations specified in Section 262.13 of Title 40 of the Code of Federal Regulations.
(e) Notwithstanding any other law, a household hazardous waste collection facility may authorize a person delivering waste at the acceptance area of the facility to exit their vehicle only if the facility determines that the person is required to exit the vehicle in order to provide access to the household hazardous waste being delivered. After providing the required access, the facility shall ensure that the person immediately returns to their vehicle.
(f) Notwithstanding any other law, a household hazardous waste collection facility may accept hazardous waste from a VSQG in the same area and at the same time that the facility accepts residential household hazardous waste.

SEC. 4.
Section 25218.5 of the Health and Safety Code is amended to read:
25218.5.
(a) (1) Except as provided in paragraph (2), hazardous waste transported to a household hazardous waste collection facility shall be transported by any of the following:
(A) The individual or VSQG who generated the waste.
(i) Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons including, but not limited to, death, illness, or disability.
(ii) The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service.
(iii) A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility, a temporary or permanent household hazardous waste collection facility, or a recycle-only household hazardous waste collection facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous waste generated by a VSQG.
(G) A public agency, contractor of a public agency, or a registered hazardous waste transporter carrying hazardous waste from a solid waste facility or operation, including, but not limited to, a solid waste landfill loadcheck program or a transfer station loadcheck program, under agreement with the household hazardous waste collection facility.
(H) A public agency, contractor of a public agency, or a registered hazardous waste transporter, under agreement with the household hazardous waste collection facility, operating under a contract with a public agency to transport hazardous wastes that were disposed of in violation of this chapter, and that are being removed by, or are being removed under the oversight of, the public agency, provided no more than 55 gallons or 500 pounds are being transported, and the hazardous wastes were not originally disposed of in violation of this chapter by that public agency.
(I) (i) A public agency, contractor of a public agency, or a registered hazardous waste transporter, transporting vape pens and devices from a school that were confiscated from students, pursuant to an agreement entered into between the school and local household hazardous waste collection facility.
(ii) Vape pens and devices transported pursuant to this subparagraph shall be transported in containers that clearly bear the school’s Environmental Protection Agency identification number and are subject to the limits established in Section 25218.3.
(iii) For purposes of this subparagraph, “vape pen and device” means an electronic device that is powered by one or more removable or embedded batteries and that delivers solely, or a combination of, nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, hookah, or other delivery mechanism.
(2) Spent batteries that are received and transported pursuant to Section 25216.1 may be transported to a household hazardous waste collection facility from a collection location or an intermediate collection location.
(3) Notwithstanding Section 25218.4, a registered hazardous waste transporter or mobile household hazardous waste collection facility transporting hazardous waste to a household hazardous waste collection facility shall comply with subdivision (f) of Section 25163.
(b) An individual transporting household hazardous waste generated by that individual and a VSQG transporting hazardous waste generated by the VSQG to a household hazardous waste collection facility shall meet all of the following conditions:
(1) (A) Except as provided in subparagraphs (B) and (C) and Section 25218.5.1, the total amount of household hazardous waste transported by an individual or hazardous waste transported by a VSQG to a household hazardous waste collection facility shall not exceed a total liquid volume of five gallons or a total dry weight of 50 pounds. If the hazardous waste transported is both liquid and nonliquid, the total amount transported shall not exceed a combined weight of 50 pounds.
(B) Subparagraph (A) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility.
(C) A VSQG may transport up to 27 gallons or 220 pounds, but not more than 100 kilograms, per month to a household hazardous waste collection facility, if all of the following conditions are met:
(i) The hazardous waste being transported was generated by that VSQG.
(ii) The VSQG contacts the household hazardous waste collection facility before each delivery to confirm that the facility will accept the hazardous waste.
(iii) The household hazardous waste collection facility provides oral, written, or electronic instructions to the VSQG before each delivery on proper packing for the safe transportation of the specific hazardous waste being transported.
(iv) The VSQG or employees of the VSQG transport the hazardous waste in a vehicle owned or leased and operated by the VSQG.
(D) The limits in this subdivision do not apply to recyclable latex paints or oil-based paints transported to a household hazardous waste collection facility.
(2) The household hazardous waste and VSQG hazardous waste that is transported shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport.
(3) Different household hazardous wastes or different VSQG hazardous wastes shall not be mixed within a container before or during transport.
(4) If the hazardous waste is an extremely hazardous waste or an acutely hazardous waste, the total amount transported by a VSQG shall not exceed 2.2 pounds.
(c) (1) Except as provided in paragraph (2), the total combined volume or weight of used oil filters and antifreeze transported to a recycle-only household hazardous waste collection facility by any one individual shall not exceed a total liquid volume of 10 gallons or a total dry weight of 100 pounds. Up to two spent lead-acid batteries may be transported at the same time and not more than 20 gallons of used oil may be transported in the same vehicle if the volume of each individual container does not exceed five gallons.
(2) Paragraph (1) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility.
(d) A curbside household hazardous waste collection program shall meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil filters shall be collected from a single residence at one time.
(2) Not more than five gallons of used oil shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons.
(3) The volume of each individual container of architectural paint collected shall not exceed five gallons.
(4) Hazardous waste containing mercury shall not be collected by a curbside household hazardous waste collection program unless the waste is contained in secure packaging that prevents breakage and spillage.
(5) Fluorescent light tubes that are four feet or greater in length shall not be collected by a curbside household hazardous waste collection program.
(6) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport.
(7) Different household hazardous wastes shall not be mixed within a container before or during transport.
(e) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service shall meet all of the following conditions:
(1) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within a container before or during transport.
(3) (A) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service is exempt from the requirements of Section 25160 regarding the use of a manifest when transporting household hazardous waste collected from individual residences to an authorized hazardous waste collection facility. In lieu of a manifest, a receipt shall be issued for the household hazardous waste collected from an individual residence, and a copy of the receipt shall be retained by the public agency for a period of at least three years.
(B) If household hazardous waste is transported to a hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, the consolidated manifesting procedures specified in Section 25160.8 shall be used by the public agency or its contractor.
(f) Notwithstanding Section 25218.4, a permanent household hazardous waste collection facility, a mobile household hazardous waste collection facility, a temporary household hazardous waste collection facility, a recycle-only household hazardous waste collection facility, or a solid waste load checking program operating under an agreement with a household hazardous waste collection facility that transports household hazardous waste from the collection facility to a household hazardous waste collection facility pursuant to subdivision (a) shall comply with subdivision (f) of Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(g) (1) Except as provided in paragraph (2), a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service shall not be deemed to be a household hazardous waste collection facility for purposes of this chapter if it is operated in conjunction with an authorized household hazardous waste collection facility.
(2) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, under which household hazardous waste is collected from households in one jurisdiction and transported to an authorized household hazardous waste collection facility in another jurisdiction, shall be deemed a household hazardous waste collection facility for purposes of this chapter and shall submit the notification required in Section 25218.2 to each Certified Unified Program Agency in whose jurisdiction the household hazardous waste is collected.

SEC. 5.
Section 25218.6 is added to the Health and Safety Code, to read:
25218.6.
(a) The department shall evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens and devices confiscated from students by a school. The evaluation shall ensure consistency with the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.). The department shall identify any recommendations that require future legislative action.
(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 6.
Section 25218.8 of the Health and Safety Code is amended to read:
25218.8.
(a) Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection facility.
(b) A hazardous waste facilities permit is not required for the operation of a recycle-only household hazardous waste collection facility if all of the following conditions are met:
(1) The facility accepts only the following recyclable household hazardous waste materials for subsequent transport to an authorized recycling facility:
(A) Latex paint.
(B) Used oil.
(C) Used oil filters.
(D) Antifreeze.
(E) Spent lead-acid batteries.
(F) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department.
(G) Oil-based paint accepted pursuant to the requirements in Section 25217.2.1.
(2) No hazardous wastes or other materials are handled at the facility other than the materials specified in paragraph (1).
(3) The materials are transported to the collection facility by either of the following:
(A) The person who generated the material.
(i) Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons including, but not limited to, death, illness, or disability.
(ii) The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service.
(iii) A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household.
(B) The authorized curbside household hazardous waste collection program or other household hazardous waste programs and sources, including load checking sources.
(4) The materials transported to the facility are transported in accordance with Section 25218.5.
(5) The materials collected are not stored at the facility for more than 180 days, except that less than one ton of spent lead-acid batteries may be stored at the facility for up to one year. More than one ton of spent lead-acid batteries shall not be stored at the facility for more than 180 days.
(6) The materials collected are managed in accordance with the hazardous waste labeling, containerization, emergency response, and personnel training requirements of this chapter.
(7) The facility is in compliance with Section 25218.2.
(c) (1) Subject to paragraph (2), a permanent household hazardous waste collection facility may, after consultation with the certified unified program agency and local fire authority having jurisdiction, mechanically disassemble vape pens and devices to separate batteries, valves, electronic components, and other parts containing liquids or gases, in a manner that does not result in the unauthorized release of hazardous materials.
(2) Both of the following apply to any mechanical disassembly activities described in paragraph (1):
(A) The activities shall be described in the operation plan of the facility that is available for review by the certified unified program agency and included in a permit-by-rule application authorized by the certified unified program agency.
(B) Any personnel involved in the activities shall receive adequate training to ensure safe management and operations.
(3) For purposes of this subdivision, “vape pen and device” means an electronic device that is powered by one or more removable or embedded batteries and that delivers solely, or a combination of, nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, hookah, or other delivery mechanism.

SEC. 7.
Section 119407 is added to the Health and Safety Code, immediately following Section 119406, to read:
119407.
(a) A person shall not market, promote, label, brand, advertise, distribute, offer for sale, or sell a vape product in this state by doing either of the following:
(1) Imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, including by any of the following:
(A) Imitating a food or brand of food product commonly marketed to minors, including candy, desserts, and beverages.
(B) Imitating school supplies commonly used by minors, including, but not limited to, erasers, highlighters, pens, and pencils.
(C) Constructing into clothing and accessories that could be marketed to minors.
(2) Including interactive videogame capabilities within a vape product.
(b) (1) Subject to paragraph (2), a city, a county, a city and county, or the state may enforce this section and impose civil liability on a person or entity in violation of this section in the amount of one thousand dollars ($1,000) for the first violation, two thousand five hundred dollars ($2,500) for the second violation, and five thousand dollars ($5,000) for the third and any subsequent violations.
(2) A city, a county, a city and county, or the state may impose civil liability on a distributor who violates this section in the amount of fifty thousand dollars ($50,000) per violation. For purposes of this section, “distributor” means any person who sells or accepts orders for products described in subdivision (a) to a retailer.
(3) Any civil penalties collected pursuant to paragraph (1) or (2) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this section.
(4) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(c) Any person who violates this section shall be guilty of an infraction punishable by a fine of not more than five hundred dollars ($500).
(d) Notwithstanding any other law, if an enforcement agency discovers that a tobacco retailer, or any of the retailer’s agents or employees, sell, offer for sale, or possess with the intent to sell or offer for sale a vape product prohibited by this section, the enforcement agency may seize that product at the retail location or any other person’s location. Any product seized by the enforcement agency shall be deemed forfeited and the enforcement agency 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.

SEC. 8.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.