An act to amend Section 22973.1 of, and to add Article 26 (commencing with 4428) to Chapter 9 of Division 2 of, the Business and Professions Code, relating to cigarette and tobacco products.
Impact
If enacted, this legislation is expected to alter the landscape of tobacco product availability within the state significantly. Pharmacies, typically perceived as health-centric establishments, will no longer be able to sell tobacco products, effectively removing a point of access for consumers. Additionally, this bill will prevent the Department of Tax and Fee Administration from issuing licenses to pharmacies for the sale of these products. Given that violations will result in misdemeanor charges, the bill establishes a state-mandated local program pertaining to enforcement and compliance.
Summary
Assembly Bill 957, introduced by Assembly Member Ortega, seeks to amend the existing regulations regarding the sale of cigarettes and tobacco products by prohibiting pharmacies from engaging in their retail sale. This law arises from the provisions outlined in the Cigarette and Tobacco Products Licensing Act of 2023, which mandates that retailers must hold an appropriate license from the State Board of Equalization to sell these products. The intent behind AB 957 is to mitigate access to tobacco products through pharmacies, which are often associated with health and wellness, thus reinforcing public health efforts to reduce tobacco consumption.
Sentiment
The sentiment surrounding AB 957 appears to be largely positive among proponents of public health, as the bill is viewed as a progressive step towards reducing tobacco use within vulnerable populations. Supporters argue that by removing the sale of cigarettes from pharmacies, it aligns the operations of these healthcare providers with their fundamental goal of promoting health. Conversely, there may be some contention among retail pharmacies, as this segment of the industry relies on a diverse product offering, and the restriction could potentially impact their revenue streams.
Contention
Notable points of contention include concerns raised by retail pharmacy advocates who fear that the prohibition on cigarette sales may lead to revenue losses. Additionally, the wording around state reimbursement for local costs associated with the enforcement of this bill has sparked discussions among legislators. The bill clarifies that no state reimbursement will be required due to the nature of the imposed restrictions and the definitions related to crime under state law. This aspect has led to debates on the financial ramifications for local agencies involved in enforcement.
An act to add Article 10 (commencing with Section 1980) to Chapter 4 of Division 2 of the Business and Professions Code, relating to healing arts. amend Section 84513 of the Government Code, relating to the Political Reform Act of 1974.
An act to repeal and add Article 14 (commencing with Section 2340) of Chapter 5 of Division 2 of the Business and Professions Code, relating to healing arts.
An act to amend Sections 22958 and 22973.1 of, and to add Section 22965 to, the Business and Professions Code, relating to smoke shops. cigarettes and tobacco products.
An act to add Chapter 8 (commencing with Section 17370) to Part 2 of Division 7 of the Business and Professions Code, relating to business regulations.