Section 119405 Of Chapter 9. Electronic Cigarettes From California Health And Safety Code >> Division 104. >> Part 15. >> Chapter 9.
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.