CHAPTER 1. Tobacco Control

Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5.

§§ 104350–104559.5 · 49 sections

1. ARTICLE 1. Tobacco Use Prevention §§ 104350–104495 · 28 sections

   • § 104350 (a) The Legislature finds and declares as follows: (1) Smoking is the single most important source of preventable disease and premature death in California.…
   • § 104355 The following definitions shall apply to this article: (a) “Grantee” means any public or private nonprofit entity approved by the department or the State…
   • § 104360 The following target populations, at a minimum, shall be the focus of the campaign implemented pursuant to this article: (a) School-age youth and their…
   • § 104365 (a) There is hereby created the Tobacco Education and Research Oversight Committee in state government that shall advise the department and the State…
   • § 104370 The committee shall be advisory to the department, the University of California, and State Department of Education for the following purposes: (a) Evaluation…
   • § 104375 (a) To prevent tobacco-related diseases and diminish tobacco use, the department shall establish within the department a program on tobacco use and health to…
   • § 104380 (a) Funds appropriated to the department for local lead agencies for purposes of this article shall be allocated prospectively, on a quarterly basis in…
   • § 104385 (a) The department shall award and administer grants for projects directed at the prevention of tobacco-related diseases. The purpose of the grant program is…
   • § 104390 (a) The department may provide program support services to local tobacco use prevention programs, that shall include, but need not be limited to, all of the…
   • § 104395 The department shall expand the Child Health and Disability Prevention (CHDP) Program contained in Article 6 (commencing with Section 124025) of Chapter 3 of…
   • § 104400 (a) (1) Except as provided in paragraph (2), each county health department or city health department as provided in Section 16800 of the Welfare and…
   • § 104405 Local lead agencies shall obtain the involvement and participation of local community organizations with special experience and expertise in community health…
   • § 104410 The following goals and priorities shall govern funding services provided under this article pursuant to local plans: (a) The provisions of preventive health…
   • § 104415 (a) Local lead agencies shall attempt to ensure that preventive education against tobacco use for targeted populations is provided in a way that reaches all…
   • § 104420 The State Department of Education shall provide the leadership for the successful implementation of this article in programs administered by local public and…
   • § 104430 (a) The State Department of Education shall make available funds appropriated to it from the Health Education Account in the Cigarette and Tobacco Products…
   • § 104435 County offices of education that receive funds pursuant to subdivision (l) of Section 104420 shall do all of the following: (a) Provide technical assistance…
   • § 104440 Local lead agencies shall be ineligible for awards under the competitive grants program, unless the local lead agency is participant within a consortium of…
   • § 104445 In awarding grants under the competitive grants program, the department shall give preference to all of the following: (a) Nonprofit or community-based…
   • § 104450 (a) The State Department of Education shall develop a common reporting format for districts receiving tobacco-use-prevention funds under this article. (b) The…
   • § 104455 The State Department of Education shall monitor and ensure implementation of district and county offices of education tobacco-free policies and tobacco-use…
   • § 104460 (a) Each school district receiving funds from the Cigarette and Tobacco Products Surtax Fund shall make all of the following services available to every…
   • § 104465 (a) The department may annually set aside three million dollars ($3,000,000) appropriated for the purposes of the competitive grants program established…
   • § 104466 Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03…
   • § 104470 The State Department of Education shall make periodic reports to the committee regarding the status and funding of tobacco education programs funded under this…
   • § 104475 There is hereby created under the authority of the Controller the Tobacco Education Fund.
   • § 104480 All guidelines, criteria, standards, and requirements specified in this article are exempt from the requirements of Chapter 3.5 (commencing with Section 11340)…
   • § 104495 (a) For the purposes of this section, the following definitions shall govern: (1) “Playground” means any park or recreational area specifically designed to be…
2. ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program §§ 104500–104545 · 10 sections

   • § 104500 (a) (1) The Legislature finds that the efforts to reduce smoking in California have led to a drop in the consumption of tobacco. Although not on target to meet…
   • § 104505 The Legislature hereby requests the University of California to continue to administer a comprehensive grant program to support research efforts related to the…
   • § 104510 For the purposes of this article: (a) “Grantee” means any qualifying public, private, or nonprofit agency or individual including, but not limited to,…
   • § 104515 It is the intent of the Legislature that the university establish a scientific advisory committee to provide advice to the president of the university as to…
   • § 104520 It is the intent of the Legislature that the university utilize peer review panels modeled upon the National Institutes of Health peer review process to review…
   • § 104525 Research projects funded under this article may include, but are not limited to: (a) Individual investigator-generated grants. These grants may be awarded to…
   • § 104530 It is the intent of the Legislature that the university, as lead agency, do all of the following: (a) Provide overall direction and coordination of the…
   • § 104535 It is the intent of the Legislature that projects funded under this article be reimbursed for actual costs, including direct costs and indirect costs incurred…
   • § 104540 It is the intent of the Legislature that no more than 5 percent of the Research Account be used for the purposes of the administration of this article.
   • § 104545 No provision of this article shall apply to the University of California unless the regents of the university, by resolution, make that provision so applicable.
3. ARTICLE 3. Cigar Labeling §§ 104550–104552 · 3 sections

   • § 104550 (a) Each manufacturer or importer of cigars shall place, or cause to be placed, labels bearing one of the following warnings on each retail package of cigars…
   • § 104551 For purposes of this article, “manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or…
   • § 104552 To the extent this article conflicts with any federal provision enacted subsequent to the effective date of this article that requires cigar manufacturers and…
4. ARTICLE 3. Master Settlement Agreement §§ 104555–104558 · 5 sections

   • § 104555 The Legislature finds and declares all of the following: (a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the…
   • § 104556 The definitions contained in this section shall govern the construction of this article. (a) “Adjusted for inflation” means increased in accordance with the…
   • § 104557 (a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer or similar… see note
   • § 104557.1 (a) Notwithstanding subdivision (b) of Section 104557, a tobacco product manufacturer that elects to place funds into escrow pursuant to paragraph (2) of…
   • § 104558 (a) In order to secure and protect the moneys to be received as a result of the Master Settlement Agreement, as defined in subdivision (e) of Section 104556,…
5. ARTICLE 4. Tobacco Use Prohibition § 104559 · 1 section

   • § 104559 (a) The use of tobacco and nicotine products is prohibited at any time in a county office of education, charter school or school district-owned or leased…
6. ARTICLE 4.5. Unflavored Tobacco § 104559.1 · 1 section

   • § 104559.1 (a) The Attorney General shall establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a…
7. ARTICLE 5. Tobacco Sale Prohibition § 104559.5 · 1 section

   • § 104559.5 (a) For purposes of this section, the following definitions apply: (1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer…