California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 14 - Stop Tobacco Access to Kids Enforcement (STAKE) Act Program › Section 6901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Decoy" means a
				  person under 21 years of age participating in an inspection carried out by the
				  Department to determine compliance with California law prohibiting the sale of a
				  tobacco product to a person under 21 years of age.
(b) "Department" means the Califomia Department of
				  Public Health or a local law enforcement agency that has entered into an enforcement
				  delegation contract with the Califomia Department of Public Health.
(c) "Inspection" means a law enforcement activity
				  conducted by the Department in which a decoy, under the direct supervision of a
				  regularly employed peace officer, attempts to purchase a tobacco product at a retail
				  site.
(d) "Person" means any individual,
				  partnership, company, estate, public or private institution, association,
				  organization, group, city, county, city and county, political subdivision of this
				  state, other governmental agency within the state, and any representative agent, or
				  agency of any of the foregoing.
(e)
				  "Retail site" means any outlet that provides tobacco products for sale to consumers
				  including, but not limited to, an establishment, vending machine, vehicle, mobile
				  unit, stationary mobile unit, booth, stand, or concession.
(f) "Sale" means the transfer or exchange for
				  consideration or otherwise furnishing of a tobacco product to a consumer for the
				  purpose of consumption or use, and not for re-sale.
(g) "Seller" means the owner of any retail
				  business or any employee of the retail business authorized to make sales of tobacco
				  products to consumers.
(h) "Tobacco
				  product" shall read as defined by Section
				  22950.5
				  of the Business and Professions Code.
(i) "Valid identification" means a document issued
				  by a federal, state, county, or municipal government, or subdivision or agency
				  thereof, including, but not limited to, a motor vehicle operator's license or an
				  identification card issued to a member of the Armed Forces, which contains the name,
				  date of birth, description, and photograph of the individual.
(j) "Vending machine" means any mechanical device,
				  the operation of which depends upon the insertion of money, trade checks, tokens or
				  other things representative of value and which dispenses or vends tobacco
				  products.
1. New section
					 filed 12-20-89 as an emergency; operative 12-20-89 (Register 89, No. 52). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or emergency
					 language will be repealed by operation of law on 4-19-90.
2. Repealed by
					 operation of Government Code 11346.1(g) filed 1-22-91 (Register 91, No.
					 19).
3. Amendment of subchapter 14 heading, deletion of article 1 heading
					 and new section filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No.
					 51). A Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Amendment of subchapter 14 heading, deletion of article 1 heading and new section
					 refiled 4-17-96 as an emergency, including amendment of NOTE; operative 4-17-96
					 (Register 96, No. 16). A Certificate of Compliance must be transmitted to OAL by
					 8-19-96 or emergency language will be repealed by operation of law on the following
					 day.
5. Amendment of subchapter 14 heading, deletion of article 1 heading
					 and new section refiled 8-12-96 as an emergency; operative 8-12-96 (Register 96, No.
					 33). A Certificate of Compliance must be transmitted to OAL by 12-10-96 or emergency
					 language will be repealed by operation of law on the following day.
6.
					 Editorial correction of NOTE and of HISTORY 4 and HISTORY 5 (Register 96, No.
					 50).
7. Amendment of subchapter 14 heading, deletion of article 1 heading
					 and new section refiled 12-10-96 as an emergency, including amendment of NOTE;
					 operative 12-10-96 (Register 96, No. 50). A Certificate of Compliance must be
					 transmitted to OAL by 4-9-97 or emergency language will be repealed by operation of
					 law on the following day.
8. Certificate of Compliance as to 12-10-96
					 order, including amendment of subchapter heading and subsection (b), transmitted to
					 OAL 1-8-97 and filed 2-3-97 (Register 97, No. 6).
9. Change without
					 regulatory effect amending subsections (a)-(b), repealing subsection (d),
					 relettering subsections and amending newly designated subsection (h) and NOTE filed
					 8-11-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 33).
Note: Authority cited: Sections
						22950.5(a),
						22950.5(d),
						22952(b)
						and
						22952(d),
						Business and Professions Code; and Section
						208,
						Health and Safety Code. Reference: Sections
						22950.5(a),
						22950.5(d),
						22951,
						22952(b),
						22952(c),
						22952(d)(1)-(d)(7),
						22954,
						22956,
						22957 and
						22958 Business and Professions
						Code.