Governor Jerry Brown signed into law several new no smoking laws that effectively eliminate smoking in all workplaces, ban the use e-cigarettes and other vaping devices where other tobacco products are prohibited, and prohibit the marketing and sale of tobacco products and e-cigarettes to persons under 21 years of age. The bills are effective June 9, 2016.
In California, smoking in an enclosed space at a place of employment has been unlawful since Jan. 1, 1995, with some exceptions. This year’s Special Session Assembly Bill X2-7 eliminates most of the exemptions that permitted smoking in certain work environments, such as hotel lobbies, bars and taverns, banquet rooms, warehouse facilities and employee break rooms, and in owner-operated businesses. The intent of the legislature was to set a uniform statewide standard for smoking in enclosed workplaces and eliminating the need for local non-smoking regulations.
Under another bill, Assembly Bill X2-5, e-cigarettes and vaping devices are defined as tobacco products. The use of these devices is prohibited wherever smoking is prohibited – in enclosed workplaces, adjacent to public buildings and enclosed structures, covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms. Additionally, under Assembly Bill X2-9, all K-12 schools are required to be tobacco-free. Finally, Senate Bill X2-7 restricts the sale of tobacco products, smoking paraphernalia, e-cigarettes and other vaping devices to persons under age 21. Active duty military personnel must be 18 years of age or older to purchase tobacco products.
California employers are required to post No Smoking signs at the entrances to buildings and other structures. Compliance Poster Company’s optional No Smoking Including E-Cigarettes Poster meets workplace No Smoking requirements for California workplaces. Retail businesses that sell tobacco products must meet specific signage requirements. The Tobacco Age of Sale Warning Sign meets the mandatory form and content requirements.