reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104355.

104355. The following definitions shall apply to this article:
(a)  “Grantee” means any public or private nonprofit entity approved by the department or the State Department of Education to receive funds pursuant to this article. Grantees may include, but are not limited to, hospitals, community clinics, local health departments, voluntary health organizations, Indian tribes, colleges and universities, county offices of education, school districts, health maintenance organizations, professional health associations, and professional health education associations.
(b)  “Tobacco-related disease” means any of the following:
(1)  Coronary heart disease.
(2)  Cerebrovascular disease.
(3)  Cancer, including cancers of the lung, larynx, esophagus, bladder, pancreas, and mouth.
(4)  Chronic obstructive lung diseases, including emphysema, chronic bronchitis, asthma, and related lung disorders.
(5)  Conditions where smoking or tobacco use has been determined to be a risk factor for excess disability and illness, including burns due to smoking-related fires.
(c)  “Tobacco use” means the consumption of tobacco products by burning, chewing, inhalation, or other forms of ingestion.
(d)  “Voluntary health organization” means a nonprofit organization organized for purposes related to health, including, but not limited to, an organization devoted to the research of cancer, heart disease, or diseases of the lung.
(e)  “Committee” means the Tobacco Education Oversight Committee.
(f)  “The department” means the State Department of Health Services.
(g)  “Service provider” means an agency or organization that enters into an agreement with the local lead agency or state department to provide services under this article.
(h)  “Direct services” means the provision of preventive health education services to targeted populations.
(i)  “Local plan” means a plan submitted pursuant to Section 104400.
(j)  “Preventive health education against tobacco use” means programs of instruction intended to dissuade individuals from beginning to smoke, to encourage smoking cessation, or to provide information on the health effects of tobacco on the user, children, and nonsmokers. These programs may include a focus on health promotion, disease prevention, and risk reduction, utilizing a “wellness perspective” that encourages self-esteem and positive decisionmaking techniques.
(k)  “Targeted populations” means those population groups specified in Sections 104360 and 104385.
( l)  “Local lead agencies” means those agencies designated as local lead agencies pursuant to Section 104400.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104360.

104360. The following target populations, at a minimum, shall be the focus of the campaign implemented pursuant to this article:
(a)  School-age youth and their families in the schools and in the community.
(b)  Black, Hispanic, Native American, and Asian-Pacific American populations, pregnant women, and current smokers.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104365.

104365. (a)  There is hereby created the Tobacco Education and Research Oversight Committee in state government that shall advise the department and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs funded under this article, and for development of a master plan for the future implementation of tobacco education programs.
(b)  The Tobacco Education Oversight Committee shall be composed of 13 members to be appointed as follows:
(1)  Two members representing volunteer health organizations dedicated to the reduction of tobacco use appointed by the Speaker of the Assembly.
(2)  One member representing an organization that represents health care employees appointed by the Senate Rules Committee.
(3)  One member of a professional education association, such as an association of teachers, appointed by the Senate Rules Committee.
(4)  One member of a university facility with expertise in programs intended to reduce tobacco use appointed by the Governor.
(5)  Two representatives of a target population group appointed by the Governor.
(6)  One representative of the department appointed by the Governor.
(7)  One representative of the State Department of Education appointed by the Superintendent of Public Instruction.
(8)  One member representing the interests of the general public appointed by the Governor.
(9)  One representative of local health departments appointed by the Governor.
(10)  One member representing a volunteer health organization dedicated to the reduction of tobacco associated injury appointed by the Governor.
(11)  One member from the Tobacco Related Disease Research Program appointed by the Governor.
(c)  Members shall serve for a term of two years, renewable at the option of the appointing authority. The initial appointments of members shall be for two or three years, to be drawn by random lot at the first meeting. The committee shall be staffed by the department’s coordinator of the program created pursuant to Section 104375.
(d)  The committee shall meet as often as it deems necessary, but shall meet not less than four times per year.
(e)  The members of the committee shall serve without compensation, but shall be reimbursed for necessary travel expenses incurred in the performance of the duties of the committee.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104385.

104385. (a)  The department shall award and administer grants for projects directed at the prevention of tobacco-related diseases. The purpose of the grant program is to conduct health education and promotion activities targeted to high-risk persons and groups in order to reduce the number of persons beginning to use tobacco, continuing to use tobacco, or developing tobacco-related diseases. The grants shall provide funds to eligible grantees, as determined by the department. In awarding grants, the department shall select a variety of projects and grantees.
(b)  The department shall develop criteria and standards for the allocation of grant awards which consider the need to balance target populations to be served, project types of rural suburban and urban projects, and consider the current regional availability of similar services. Target populations may include, but not be limited to, children, young adults, pregnant women, low-income individuals, Black, Hispanic, Native American, and Asian-Pacific Islander populations, current smokers, and schoolaged youth no longer attending school classes. The grant awards may also be made to school districts for nonclassroom, districtwide efforts to reduce tobacco use. The department shall develop mechanisms to evaluate all programs and shall require any program funded under this article to provide statistics on the impact of the program.
(c)  The department shall give priority to grantees who do the following:
(1)  Demonstrate community support for the project.
(2)  Design the project to coordinate with other community services including local health programs, school-based programs, or voluntary health organizations.
(3)  Design the project to utilize and enhance existing services and resources.
(4)  Serve a target population at high risk of starting tobacco use or developing tobacco-related illnesses.
(5)  Demonstrate an understanding of the role community norms have in influencing behavioral change regarding tobacco use.
(6)  Indicate promising innovative approaches to diminishing tobacco use among target groups and permit those approaches to be replicated by others.
(d)  Of the funds appropriated to the department in Item 4260-111-231 of the 1996 Budget Act, five million dollars ($5,000,000) shall be available specifically for grants awarded on a competitive basis to provide smoking cessation classes or services for persons eligible for and enrolled in the state’s Medi-Cal program, or persons who are medically indigent.
(Amended by Stats. 1996, Ch. 199, Sec. 3. Effective July 22, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104390.

104390. (a)  The department may provide program support services to local tobacco use prevention programs, that shall include, but need not be limited to, all of the following:
(1)  Data collection.
(2)  Educational materials.
(3)  Evaluation.
(4)  Technical assistance.
(5)  Training.
(6)  Transfer of information among programs.
(b)  Services funded under this section may be awarded through a competitive request for proposal process or directly to another state agency, the Regents of the University of California, the federal government, or an auxiliary organization of the California State University.
(c)  Grantees of services under this section shall demonstrate the ability to do both of the following:
(1)  Improve the delivery of local tobacco use prevention programs directed at the targeted populations.
(2)  Design programs to provide statewide and regional services to support local implementation of tobacco use prevention programs.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104400.

104400. (a)  (1)  Except as provided in paragraph (2), each county health department or city health department as provided in Section 16800 of the Welfare and Institutions Code shall be the lead local agency for its county. The local lead agency shall have the overall responsibility for the success of the programs funded pursuant to this article in its county.
(2)  Counties contracting with the department for the provision of health care services pursuant to Section 16809 of the Welfare and Institutions Code may elect to enter into an arrangement with the department for the administration and provision of funds and services subject to this article in their counties. In those cases, the department shall act as the local lead agency for that county.
(b)  The local lead agency shall do all of the following:
(1)  Provide, or contract for, preventive health education against tobacco services to targeted populations.
(2)  Establish a coordinated information, referral, outreach, and intake system for preventive health education against tobacco services for targeted populations.
(3)  Administer funds in accordance with this article, and department guidelines.
(4)  Establish a uniform data collection system in compliance with standards and guidelines issued by the department, and submit audit and fiscal reports as required by the department.
(5)  Coordinate services authorized by this article within and between county service providers.
(6)  Provide technical assistance to service providers.
(7)  Review, and suggest improvements to proposed county school district antitobacco plans. Prepare a letter for the county officer of education setting forth conclusions of the review. Work closely with the county office of education to ensure effective coordination of local school and nonschool antitobacco efforts.
(8)  Coordinate activities with other governmental agencies.
(c)  The local plans described in paragraph (4) of subdivision (b) shall include all of the following:
(1)  A description of the targeted population, including age, race, ethnicity, language, education, income levels, its status as urban or rural, transportation needs, and any other information which the local lead agency determines is relevant.
(2)  Local data on smoking and tobacco use among the targeted population.
(3)  Goals for how many persons of the targeted population will be reached by health education, how many will participate in a smoking prevention or cessation program, and how many will quit or not start smoking as a result.
(4)  A description of the direct services to be provided under the plan, including the services to be provided to the targeted populations enumerated in Section 104360 and schoolage youth who do not receive services through public school programs.
(5)  Cost estimates for programs identified in the plan.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104405.

104405. Local lead agencies shall obtain the involvement and participation of local community organizations with special experience and expertise in community health education against tobacco usage, including representatives of high-risk populations. Local lead agencies shall include in their plan submitted pursuant to Section 104400 a description of how they shall fulfill this requirement. Representatives of these local groups shall assist and advise the local lead agency in all aspects of the local plan implemented pursuant to this article.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104410.

104410. The following goals and priorities shall govern funding services provided under this article pursuant to local plans:
(a)  The provisions of preventive health education against tobacco use aimed at targeted populations, including pregnant women, mothers of young children, and minorities, school dropouts, and other school-aged youth who would otherwise be unserved.
(b)  The provisions of preventive health education against tobacco use aimed at school-age youth and their families in the community.
(c)  The provision of preventive health education against tobacco use aimed at the workplace and the community.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104415.

104415. (a)  Local lead agencies shall attempt to ensure that preventive education against tobacco use for targeted populations is provided in a way that reaches all geographic areas of the county.
(b)  In choosing among eligible service providers available to serve the targeted populations described in subdivision (a), the local lead agency shall give priority to programs presently providing preventive health education, case management services to the targeted populations which are compatible with preventive health education against tobacco use, or other services in which preventive health education against tobacco use can be incorporated in a logical and efficient manner.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104430.

104430. (a)  The State Department of Education shall make available funds appropriated to it from the Health Education Account in the Cigarette and Tobacco Products Surtax Fund for the implementation of Section 104420 according to the following schedule:
(1)  (A)  Not less than two-thirds of that amount shall be awarded to local educational agencies. Funds allocated pursuant to paragraphs (2) and (3) shall not be considered funds for distribution to local educational agencies.
(B)  Not less than two hundred thousand dollars ($200,000) of the amount subject to subparagraph (A) shall be made available for proportionate awards to applicant education centers pursuant to Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of the Education Code, for tobacco use prevention projects.
(2)  Not less than two hundred thousand dollars ($200,000) of the amount awarded pursuant to Section 104420 shall be used for the support of statewide program evaluation.
(3)  Not more than nine hundred thousand dollars ($900,000) of the amount awarded pursuant to Section 104420 shall be awarded as grants for technical assistance, implementation strategies, and regional coordinating activities related to tobacco use prevention pursuant to subdivision (l) of Section 104420.
(b)  Any amount that exceeds the amounts specified in subdivision (a) shall be allocated for competitive grants pursuant to subdivision (l) of Section 104420.
(c)  On and after January 1, 1992, funding to which this section applies shall be made available only upon a determination by the Legislative Analyst and the Tobacco Education Oversight Committee, in the evaluation required by subdivision (c) of Section 104375, indicating that the tobacco use prevention program meets the purpose of this article.
(Amended by Stats. 2007, Ch. 135, Sec. 3. Effective January 1, 2008. Operative July 1, 2009, by Sec. 6 of Ch. 135.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104435.

104435. County offices of education that receive funds pursuant to subdivision (l) of Section 104420 shall do all of the following:
(a) Provide technical assistance and training to school districts and consortia of school districts regarding planning and preparation of antitobacco programs plans pursuant to State Department of Education guidelines.
(b) Provide for appropriate coordination between school districts programs and local antitobacco use programs funded by the local lead agency.
(c) Participate in the review and scoring of applications submitted by school districts for grant awards made pursuant to Section 104420.
(d) Participate in the monitoring and technical assistance review process for school districts and county offices of education pursuant to Section 104455.
(Amended by Stats. 2007, Ch. 135, Sec. 4. Effective January 1, 2008. Operative July 1, 2009, by Sec. 6 of Ch. 135.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104440.

104440. Local lead agencies shall be ineligible for awards under the competitive grants program, unless the local lead agency is participant within a consortium of community-based organizations or nonprofit organizations.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104445.

104445. In awarding grants under the competitive grants program, the department shall give preference to all of the following:
(a)  Nonprofit or community-based organizations.
(b)  Current contractors that meet both of the following requirements:
(1)  Have demonstrated effectiveness and capacity in providing tobacco education services.
(2)  Serve populations and areas with substantial unmet service needs.
(c)  Proposals that provide new or expanded services to geographic areas or target populations underserved, as determined by the department.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104450.

104450. (a)  The State Department of Education shall develop a common reporting format for districts receiving tobacco-use-prevention funds under this article.
(b)  The format required by subdivision (a) shall be designed to provide annual data on all of the following:
(1)  Tobacco-use-prevention education program expenditures.
(2)  Tobacco-use-prevention education program instructional and other services to targeted and general student populations.
(3)  Tobacco-use-prevention education program staff development and parent training.
(4)  Other information determined to be appropriate by the department.
(c)  The information provided by the format required by subdivision (a) shall be in a quantitative format that describes the number of individuals who are served and the number of individuals receiving each type of service.
(d)  In addition to the requirements of subdivision (c), the information to be provided by the format required by subdivision (a) shall include, at a minimum, all of the following:
(1)  (A)  The number of students receiving tobacco-use-prevention instruction and the type of curriculum used.
(B)  The format required by subdivision (a) shall show, by category, those students listed for the purpose of subparagraph (A), in each target group listed in Section 104360.
(2)  Other programmatic activities directly targeted to students, and the number of students participating in each.
(3)  The types of staff development or other tobacco-use-prevention training and, by staff classification, the number of staff members receiving the training.
(4)  The number of parents receiving training and the types of training provided.
(5)  The types of programs geared toward community involvement and the number of people served by each type.
(6)  The types of services provided to target populations that are in addition to services provided to other students.
(7)  The number and size of schools that are tobacco-free.
(8)  The ways in which money appropriated for the purpose of this article has been spent, including the following categories: salaries, including, but limited to, personnel, and substitute teacher costs; benefits; travel; consultant services; operating expenses, including, but not limited to, curriculum and instructional materials, supplies, other; capital outlay; and indirect costs.
(e)  (1)  Each county office of education shall provide to the State Department of Education an annual report on district expenditures and services within its respective county pursuant to the common reporting format developed by the State Department of Education.
(2)  The county shall provide an annual report of the information required in paragraph (8) of subdivision (d).
(Amended by Stats. 2001, Ch. 750, Sec. 20. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104455.

104455. The State Department of Education shall monitor and ensure implementation of district and county offices of education tobacco-free policies and tobacco-use prevention education programs in districts receiving funding from the Cigarette and Tobacco Products Surtax Fund through procedures determined by the Superintendent of Public Instruction after consultations with the committee.
(Amended by Stats. 2007, Ch. 135, Sec. 5. Effective January 1, 2008. Operative July 1, 2009, by Sec. 6 of Ch. 135.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104460.

104460. (a)  Each school district receiving funds from the Cigarette and Tobacco Products Surtax Fund shall make all of the following services available to every pregnant minor and minor parent enrolled in the school district:
(1)  Referral to perinatal and related support services.
(2)  Outreach services and assessment of smoking status.
(3)  Individualized counseling and advocacy services.
(4)  Motivational messages.
(5)  Cessation services, if appropriate.
(6)  Incentives to maintain a healthy lifestyle.
(7)  Followup assessment.
(8)  Maintenance and relapse prevention services.
(b)  Where appropriate, those services listed in subdivision (a) shall be integrated with existing programs for pregnant minors and minor parents.
(c)  Each district plan submitted in application for funds under this article shall include a description of the availability of the services required by this section.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104465.

104465. (a)  The department may annually set aside three million dollars ($3,000,000) appropriated for the purposes of the competitive grants program established pursuant to this article in order to support efforts to link the statewide media campaign to local communities and to provide regional public and community relations or media initiatives.
(b)  Local community initiatives may include, but are not limited to, all of the following:
(1)  Encouraging volunteer efforts.
(2)  Local media programming.
(3)  Provision of assistance in, and facilitation of, public and community events.
(c)  The efforts described in subdivision (b) shall be directed principally to the target communities described in Section 104360.
(d)  Regular application procedures for competitive grants under this article shall apply to applications for grants under this section.
(e)  Funds awarded pursuant to this section shall be awarded in the same manner as other competitive grants under this article.
(Amended by Stats. 2003, Ch. 230, Sec. 7. Effective August 11, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104466.

104466. Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03 fiscal year, and for each fiscal year thereafter, any amount appropriated to the department or the State Department of Education to implement the following tobacco use prevention programs shall be available for encumbrance and expenditure for three fiscal years beyond the date of the appropriation:
(a)  The program to evaluate tobacco control programs provided for in subdivisions (b) and (c) of Section 104375.
(b)  The tobacco use prevention media campaign provided for in subdivision (e) of Section 104375.
(c)  The competitive grant program provided for in Section 104385.
(d)  The local lead agency tobacco use prevention programs provided for in Section 104400.
(e)  The tobacco use prevention program directed at schools provided for in Sections 104420, 104430, and 104435.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 2. (AB 9 2x) Effective June 9, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104470.

104470. The State Department of Education shall make periodic reports to the committee regarding the status and funding of tobacco education programs funded under this article as required by the committee. The reports shall include an overview of program and grant expenditures funded under this article.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104475.

104475. There is hereby created under the authority of the Controller the Tobacco Education Fund.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104480.

104480. All guidelines, criteria, standards, and requirements specified in this article are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be implemented without being adopted as regulations.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104505.

104505. The Legislature hereby requests the University of California to continue to administer a comprehensive grant program to support research efforts related to the prevention, causes, and treatment of tobacco-related diseases. It is the intent of the Legislature that the program incorporate the principles and organizational elements specified in this article, including, but not limited to, a program office with a director and other necessary staff, a scientific advisory committee, and research review panels.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104510.

104510. For the purposes of this article:
(a)  “Grantee” means any qualifying public, private, or nonprofit agency or individual including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, health maintenance organizations, and individuals conducting research in California.
(b)  “Indirect costs” includes such items as use allowance for research facilities, heating, lighting, library services, health and safety services, project administration, and building maintenance, as defined by federal cost accounting guidelines for federally sponsored research.
(c)  “Tobacco-related disease” includes, but is not limited to, the following:
(1)  Coronary heart disease.
(2)  Cerebrovascular disease.
(3)  Cancer, including cancers of the lung, larynx, esophagus, bladder, pancreas, and mouth. It is the intent of the Legislature that the university further research the epidemiological link between smoking and breast cancer and prostate cancer.
(4)  Chronic obstructive lung disease, including emphysema, chronic bronchitis, asthma, and related lung disorders.
(5)  Other conditions or diseases that smoking or tobacco use has been established to be a risk factor for excess disability and illness.
(d)  “Tobacco-related disease research” includes, but is not limited to, research in the fields of biomedical science, the social and behavioral sciences, public policy, epidemiology, and public health.
(e)  “Public policy research” means research that investigates and evaluates various programs and strategies used by governmental, private, and nonprofit organizations to control tobacco use.
(f)  “University” means the University of California.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104520.

104520. It is the intent of the Legislature that the university utilize peer review panels modeled upon the National Institutes of Health peer review process to review all research grants. The membership of these panels shall vary depending on the subject matter of proposals and review requirements, and shall draw on the most qualified individuals from appropriate institutions within and outside the State of California and from within and without the University of California system. The work of the peer review panels shall be administered pursuant to policies and procedures established by the scientific advisory committee. In order to avoid conflicts of interest and to ensure access to qualified reviewers, the university may utilize reviewers not only from California but also from outside the state. When serving on peer review panels, individuals who have submitted grant applications for funding by this program shall be governed by conflict-of-interest provisions consistent with the National Institutes of Health Manual, Chapter 4510 (item h).
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104525.

104525. Research projects funded under this article may include, but are not limited to:
(a)  Individual investigator-generated grants. These grants may be awarded to an institution on behalf of a principal investigator for a discrete project related to the investigator’s interests and competence.
(b)  New investigator grants. These grants may be awarded to an institution to support the work of promising individuals in the initial stages of their research careers.
(c)  Center grants. These grants may be awarded to institutions on behalf of a principal investigator and a group of collaborating investigators providing support for long-term multidisciplinary programs of research and development.
(d)  Conference grants. These grants may be awarded for funding of conferences in California to coordinate, exchange, and disseminate information related to specific research efforts. These grants may fund honoraria and travel expenses for invited participants from outside California.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104530.

104530. It is the intent of the Legislature that the university, as lead agency, do all of the following:
(a) Provide overall direction and coordination of the program.
(b) Provide staff assistance to the advisory committee and review panels.
(c) Provide for periodic program evaluation, to assure that work funded is consistent with program goals.
(d) Maintain a system of financial reporting and accountability.
(e) Provide for the systematic dissemination of research results to the public and the health care community, and to provide for a mechanism to disseminate the most current research findings in the areas of smoking cessation and the prevention of tobacco use in order that these findings may be applied to the implementation of the Health Education Account.
(f) Develop policies and procedures to facilitate the translation of research results into commercial applications wherever appropriate.
(g) Undertake an outreach program to inform interested parties of the availability of grants for public policy research in the area of tobacco control.
(Amended by Stats. 2009, Ch. 386, Sec. 30. (AB 1182) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104535.

104535. It is the intent of the Legislature that projects funded under this article be reimbursed for actual costs, including direct costs and indirect costs incurred by a research institution consistent with federal guidelines. Indirect cost rates shall not exceed those allowable by the federal government for federally sponsored research. With respect to those institutions that have not negotiated a federal indirect cost reimbursement rate, the university will request information to verify the indirect cost rates.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104540.

104540. It is the intent of the Legislature that no more than 5 percent of the Research Account be used for the purposes of the administration of this article.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 2 - Cigarette and Tobacco Products Surtax Medical Research Program › Section 104545.

104545. No provision of this article shall apply to the University of California unless the regents of the university, by resolution, make that provision so applicable.
(Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 3 - Cigar Labeling › Section 104551.

104551. For purposes of this article, “manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a finished cigar.
(Added by Stats. 1999, Ch. 693, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 3 - Cigar Labeling › Section 104552.

104552. To the extent this article conflicts with any federal provision enacted subsequent to the effective date of this article that requires cigar manufacturers and importers to provide warning labels on cigars, those federal provisions shall supersede the provisions of this article.
(Added by Stats. 1999, Ch. 693, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 3 - Master Settlement Agreement › Section 104555.

104555. The Legislature finds and declares all of the following:
(a)  Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(b)  Cigarette smoking also presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
(c)  Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(d)  It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that those manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.
(e)  On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the Master Settlement Agreement, with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(f)  It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proved to have acted culpably. It is thus in the interest of the state to require that these manufacturers establish a reserve fund to guarantee a source of compensation and to prevent those manufacturers from deriving large, short-term profits and then becoming judgment proof before liability may arise.
(Added by Stats. 1999, Ch. 780, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 3 - Master Settlement Agreement › Section 104557.1.

104557.1. (a) Notwithstanding subdivision (b) of Section 104557, a tobacco product manufacturer that elects to place funds into escrow pursuant to paragraph (2) of subdivision (a) of Section 104557 may make an irrevocable assignment of its interest in the funds to the benefit of the State of California. Such assignment shall be permanent and apply to all funds in the subject escrow account or that may subsequently come into the account, including those deposited into the escrow account prior to the assignment being executed, those deposited into the escrow account after the assignment is executed, and interest or other appreciation on the funds. The tobacco product manufacturer, the Attorney General, and the financial institution where the escrow amount is maintained may make such amendments to the qualified escrow account agreement as may be necessary to effectuate an assignment of rights executed pursuant to this subdivision or a withdrawal of funds from the escrow amount pursuant to subdivision (b). An assignment of rights executed pursuant to this section shall be in writing, signed by a duly authorized representative of the tobacco products manufacturer making the assignment, and shall become effective upon delivery of the assignment to the Attorney General and the financial institution where the escrow account is maintained.
(b) Notwithstanding subdivision (b) of Section 104557, any escrow funds assigned to the state pursuant to subdivision (a) shall be withdrawn by the state upon the request by the Treasurer and approval of the Attorney General. Any funds withdrawn pursuant to this subdivision shall be deposited into the General Fund and shall be calculated on a dollar-for-dollar basis as a credit against any judgment or settlement described in subdivision (b) of Section 104557 which may be obtained against the tobacco product manufacturer who has assigned the funds in the subject escrow account. Nothing in this section shall be construed to relieve a tobacco product manufacturer from any past, current, or future obligations the manufacturer may have pursuant to this chapter.
(Added by Stats. 2010, Ch. 265, Sec. 4. (AB 2496) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 3 - Master Settlement Agreement › Section 104558.

104558. (a) In order to secure and protect the moneys to be received as a result of the Master Settlement Agreement, as defined in subdivision (e) of Section 104556, in civil litigation under any legal theory involving a signatory, successor of a signatory, or an affiliate of a signatory to the Master Settlement Agreement that has not been brought to trial as of the effective date of this section, the amount of the required undertaking, bond, or equivalent surety to be furnished during the pendency of an appeal or any discretionary appellate review of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of the appellate review shall be set in accordance with applicable laws and rules of the court, except that the total undertaking, bond, or equivalent surety that is required per case, whether individual, aggregate, or otherwise, of all appellants, collectively, may not exceed 100 percent of the verdict or one hundred fifty million dollars ($150,000,000) whichever is less, regardless of the value of the judgment.
(b) Nothing in this section or any other provision of law shall be construed to eliminate the discretion of the court, for good cause shown, to set the undertaking or bond on appeal in an amount lower than that otherwise established by law.
(c) If the appellee proves by a preponderance of the evidence that a party bringing an appeal or seeking a stay of execution of judgment and for whom the undertaking has been limited under this section, is intentionally dissipating or diverting assets outside the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment, any limitation under subdivision (a) may be rescinded and the court may order any actions necessary to prevent dissipation or diversion of the assets.
(Amended by Stats. 2004, Ch. 183, Sec. 226. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 4 - Tobacco Use Prohibition › Section 104559.

104559. (a) The use of tobacco and nicotine products is prohibited at any time in a county office of education, charter school or school district-owned or leased buildings, on school or district property, and in school or district vehicles. This includes, but is not limited to, smokeless tobacco, snuff, chew, clove cigarettes, and other nicotine delivery devices, such as electronic cigarettes.
(b) School districts, charter schools, and county offices of education shall prominently display signs at all entrances to school property stating “Tobacco use is prohibited.”
(Added by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 3. (AB 9 2x) Effective June 9, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1.5 - Comprehensive Perinatal Outreach Program › Section 104560.

104560. There is established in the state department a comprehensive perinatal outreach program.
(Added by renumbering Section 349.100 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 124. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1.5 - Comprehensive Perinatal Outreach Program › Section 104561.

104561. A county or city and county may contract with the state department to provide perinatal program coordination, patient advocacy, and expanded access services for low-income pregnant and postpartum women and women of childbearing age who are likely to become pregnant integrated with the county’s perinatal program.
(Added by renumbering Section 349.101 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 125. Effective September 29, 1996.)