1. (a) “Applicant” means a Manufacturer or Importer.
2. (b) “Attorney General” means the Attorney General of the State of California or any employee of the Attorney General acting under the authority of the Attorney General.
3. (c) “Brand Style” has the same meaning as set forth in Health and Safety Code section 104559.1, subdivision (s)(1).
4. (d) “Cannabis” has the same meaning as set forth in Business and Professions Code section 26001.
5. (e) “Carton or Roll” means a package that is marketed for retail sale to consumers and contains multiple identical Brand Styles that are individually marketed for retail sale to consumers.
6. (f) “Certifying User” means a User that is also authorized to submit Unflavored Tobacco List applications, renewal applications, updates, and otherwise make binding certifications on behalf of an Applicant.
7. (g) “Characterizing Flavor” has the same meaning as set forth in Health and Safety Code section 104559.1, subdivision (s)(2). A Brand Style “lacks a Characterizing Flavor” if it lacks any Constituent that imparts a Characterizing Flavor.
8. (h) “Constituent” has the same meaning as set forth in Health and Safety Code section 104559.5, subdivision (a)(2).
9. (i) “FDA” means the United States Food and Drug Administration.
10. (j) “Importer” means any purchaser for resale in the United States of Tobacco Products manufactured outside of the United States for the purpose of making a first sale or distribution within the United States.
11. (k) “Manufacturer” means any person who manufactures, fabricates, assembles, processes, or labels a finished Tobacco Product and any other person licensed as a manufacturer by the California Department of Tax and Fee Administration under Business and Professions Code sections 22979 or 22979.21.
12. (l) “Marketing Descriptor” means a descriptor, such as a color or image description, that distinguishes Brand Styles within a brand or Sub-Brand.
13. (m) “Multipack” is a Brand Style that includes either (1) any Predicate Brand Style(s) and any device(s), (2) multiple different Predicate Brand Styles, or (3) multiple packages of the same Predicate Brand Style.
14. (n) “Predicate Brand Style” means a Brand Style for which an Applicant has previously completed a product form or variant form.
15. (o) “Sub-Brand” means a secondary brand that, in addition to the brand, identifies the Brand Style and is used across a Product line.
16. (p) “Tobacco Product” or “Product” has the same meaning as set forth for “Tobacco product” in Health and Safety Code section 104559.1, subdivision (s)(3).
17. (q) “Unflavored Tobacco List” or “UTL” means the Unflavored Tobacco List described in Health and Safety Code section 104559.1, subdivision (a).
18. (r) “User” means an agent authorized by an Applicant to view account information and draft and submit product forms and variant forms, as described in Sections 945 and 946.
19. (s) “Variant” means a Brand Style that is identical to that Predicate Brand Style in all respects, with the exception of the universal product code, manufacturing stock keeping unit number, packaging or labeling (including Multipacks), inclusion (or non-inclusion) of an electronic device (as part of a Multipack), or Product count per package. “Variant” does not include any Brand Style with a packaging difference that imparts flavor.

For the purposes of this chapter, the following definitions apply:

Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Sections 104559.1 and 104559.5, Health and Safety Code; Sections 22971 and 26001, Business and Professions Code; and Section 30019, Revenue and Taxation Code.

History

1. New chapter 11 (articles 1-3), article 1 (section 942) and section filed 8-25-2025 as an emergency; operative 8-25-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day. For prior history of chapter 11, sections 941-957, see Register 2023, No. 6.

2. New chapter 11 (articles 1-3), article 1 (section 942) and section refiled 2-18-2026 as an emergency; operative 2-24-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.

3. New chapter 11 (articles 1-3), article 1 (section 942) and section refiled 5-21-2026 as an emergency; operative 5-27-2026 (Register 2026, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 5-21-2026 order, including new subsections (e) and (m), repealer of subsection (j), subsection relettering and amendment of newly designated subsections (n) and (s), transmitted to OAL 5-7-2026 and filed 6-19-2026; amendments effective 6-19-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 25).