1. (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.
2. (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.
3. (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.
4. (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.
5. (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.
6. (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.
7. (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.
8. (h) “Tobacco product” shall read as defined by Section 22950.5 of the Business and Professions Code.
9. (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.
10. (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.

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.

History

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).