Vape products: household hazardous waste: advertising.

(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. 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. (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, (B) using branding that is known to appeal to minors, or (C) 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) The Cigarette and Tobacco Products Licensing Act of 2003 provides for the licensure and regulation of manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. Existing law requires every person desiring to engage in the sale of cigarettes or tobacco products as, among other things, a wholesaler to file an application for a license, as specified. This bill would require the California Department of Tax and Fee Administration to revoke or suspend any license to engage in the sale of cigarettes or tobacco products, as defined, of any person with a license who is in violation of the above-described prohibitions. (4) The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including retail commercial cannabis activity. MAUCRSA authorizes the Department of Cannabis Control to revoke or suspend a license if, among other things, a licensee fails to actively and diligently pursue requirements for a license. This bill would require the Department of Cannabis Control to revoke or suspend a license issued by the department of any person with a license who is in violation of the above-described prohibitions. (5) 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.