Electronic cigarettes.

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, among other things, prohibits any person from distributing or selling tobacco products via the United States Postal Service, or any other public or private postal or package delivery service, to any purchaser who is a minor. The STAKE Act also requires a specified distributor or seller, among other things, to verify that a purchaser of tobacco products is 18 years of age or older, and to telephone the purchaser after 5 p.m. to confirm the order prior to shipping the tobacco products. Existing law makes it unlawful for a person to sell or otherwise furnish an electronic cigarette, as defined, to a person under 18 years of age and makes a violation punishable as an infraction, as specified. This bill would prohibit a delivery seller, as defined, from selling, delivering, or causing to be delivered an electronic cigarette to a person under 18 years of age. The bill would require the delivery seller to use a method of mailing or shipping that has specified requirements, including the requirement that the person delivering the electronic cigarette not deliver the electronic cigarette without first obtaining the full name, birth date, and residential address of the person signing for the delivery of the electronic cigarette and verifying that information, as specified. The bill would make a violation of these provisions an infraction, punishable as specified. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.