SECTIONS 119405 - California Statutes

HEALTH AND SAFETY CODE

SECTION 119405

119405. (a) To the extent not preempted by federal law, including,
but not limited to, the regulation of electronic cigarettes by the
United States Food and Drug Administration, it shall be unlawful for
a person to sell or otherwise furnish an electronic cigarette, as
defined in subdivision (b), to a person under 18 years of age.
(b) "Electronic cigarette" means a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.
(c) A violation of this section shall be an infraction punishable
by a fine not exceeding two hundred dollars ($200) for the first
violation, by a fine not exceeding five hundred dollars ($500) for
the second violation, or by a fine not exceeding one thousand dollars
($1,000) for a third or subsequent violation.
(d) Nothing in this section nor any other law shall be construed
to invalidate an existing ordinance of, or prohibit the adoption of
an ordinance by, a city or county that regulates the distribution of
electronic cigarettes in a manner that is more restrictive than this
section, to the extent that the ordinance is not otherwise prohibited
by federal law.