ARTICLE 19R:
PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL

 

Sec. 19R.1.	Definitions.
Sec. 19R.2.	Sale or Distribution of Electronic Cigarettes Lacking Food and Drug Administration Premarket Order of Approval Prohibited.
Sec. 19R.3.	Administrative Regulations.
Sec. 19R.4.	Enforcement.
Sec. 19R.5.	No Conflict with Federal or State Law.

 

SEC. 19R.1. DEFINITIONS.

   For purposes of this Article 19R, the following terms have the following meanings:

   “Director” has the meaning set forth in Health Code Section 19H.2.

   “Electronic Cigarette” has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time.

   “Establishment” has the meaning set forth in Health Code Section 19H.2.

   “New Tobacco Product” has the meaning set forth in 21 U.S.C. § 387j(a)(1), as may be amended from time to time.

(Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)

SEC. 19R.2. SALE OR DISTRIBUTION OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET ORDER OF APPROVAL PROHIBITED.

   The sale or distribution by an Establishment of an Electronic Cigarette is prohibited where the Electronic Cigarette:

   (a)   Is a New Tobacco Product;

   (b)   Requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and

   (c)   Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time.

(Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)