Bill Commons

CA AB 762

enacted

Disposable, battery-embedded vapor inhalation device: prohibition and penalties.

California · 2025-2026 Regular Session · lower

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Quick answers

Did CA AB 762 pass?

Yes. CA AB 762 has been enacted into law. Latest recorded action (2026-09-28): Chaptered by Secretary of State - Chapter 717, Statutes of 2026.

What is CA AB 762 about?

(1) Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes. This bill would prohibit, beginning January 1, 2027, a person from importing or manufacturing for sale in this state a new or refurbished disposable, battery-embedded vapor inhalation device, and, beginning January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a "disposable, battery-embedded vapor inhalation device" to mean a vaporization device that contains a tobacco product, as defined, but not cannabis or a cannabis product, as defined, and that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the above-described disposable battery-embedded vapor inhalation device prohibition guilty of an infraction punishable by a fine of not more than $500. By expanding the scope of an infraction, this bill would impose a state-mandated local program. The bill would specify that any penalty described above is in addition to the other penalties authorized by the bill. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. The bill would make its provisions severable. (2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributers, wholesalers, and retailers of cigarettes and tobacco products. Existing law prohibits the retail sale of any flavored tobacco product or tobacco product flavor enhancer, as specified. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers, to seize those products, as specified. Existing law requires the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. Existing law requires those civil penalties be deposited into the Cigarette and Tobacco Products Compliance Fund, which is available upon appropriation by the Legislature. This bill would, beginning January 1, 2028, also include the unlawful sale or offering for sale, as specified, of a disposable battery-embedded vapor inhalation device containing a tobacco product by a retailer within the conduct subject to those provisions. This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 2667 to be operative only if this bill and AB 2667 are enacted and this bill is enacted last. (3) 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.

Who sponsors CA AB 762?

Irwin is the primary sponsor of CA AB 762.

Description

(1) Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes. This bill would prohibit, beginning January 1, 2027, a person from importing or manufacturing for sale in this state a new or refurbished disposable, battery-embedded vapor inhalation device, and, beginning January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a "disposable, battery-embedded vapor inhalation device" to mean a vaporization device that contains a tobacco product, as defined, but not cannabis or a cannabis product, as defined, and that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the above-described disposable battery-embedded vapor inhalation device prohibition guilty of an infraction punishable by a fine of not more than $500. By expanding the scope of an infraction, this bill would impose a state-mandated local program. The bill would specify that any penalty described above is in addition to the other penalties authorized by the bill. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. The bill would make its provisions severable. (2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributers, wholesalers, and retailers of cigarettes and tobacco products. Existing law prohibits the retail sale of any flavored tobacco product or tobacco product flavor enhancer, as specified. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers, to seize those products, as specified. Existing law requires the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. Existing law requires those civil penalties be deposited into the Cigarette and Tobacco Products Compliance Fund, which is available upon appropriation by the Legislature. This bill would, beginning January 1, 2028, also include the unlawful sale or offering for sale, as specified, of a disposable battery-embedded vapor inhalation device containing a tobacco product by a retailer within the conduct subject to those provisions. This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 2667 to be operative only if this bill and AB 2667 are enacted and this bill is enacted last. (3) 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.

Introduced
2025-03-28
Latest action
2026-09-28 — Chaptered by Secretary of State - Chapter 717, Statutes of 2026.
Bill type
bill
Last updated
—

Subjects

Sponsors

  • Irwinauthor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-09-28

    Chaptered by Secretary of State - Chapter 717, Statutes of 2026.

    became-law

  2. 2026-09-28

    Approved by the Governor.

    executive-signature

  3. 2026-09-03

    Enrolled and presented to the Governor at 4 p.m.

    executive-receipt

  4. 2026-08-26

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 16.).

  5. 2026-08-26

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 16. Page 6564.).

    amendment-passage,committee-passage,committee-passage-favorable

  6. 2026-08-25

    In Assembly. Concurrence in Senate amendments pending.

  7. 2026-08-25

    Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).

    passage,reading-1,reading-3

  8. 2026-08-24

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  9. 2026-08-20

    Read third time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2,reading-3

  10. 2026-08-13

    From committee: Do pass. (Ayes 5. Noes 2.) (August 13).

    committee-passage,committee-passage-favorable

  11. 2026-08-13

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  12. 2026-08-03

    In committee: Referred to APPR. suspense file.

    referral-committee

  13. 2026-06-30

    Read second time and amended. Re-referred to Com. on APPR.

    amendment-passage,reading-1,reading-2,referral-committee

  14. 2026-06-29

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 24).

    amendment-introduction,amendment-passage,committee-passage,referral-committee

  15. 2026-06-22

    Read second time and amended. Re-referred to Com. on REV. & TAX.

    amendment-passage,reading-1,reading-2,referral-committee

  16. 2026-06-18

    From committee: Amend, and do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 5. Noes 2.) (June 17).

    amendment-introduction,amendment-passage,committee-passage,referral-committee

  17. 2026-05-20

    Referred to Coms. on E.Q. and REV. & TAX.

    referral-committee

  18. 2026-01-29

    In Senate. Read first time. To Com. on RLS. for assignment.

    reading-1,referral-committee

  19. 2026-01-29

    Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 17. Page 3877.)

    passage,reading-1,reading-3

  20. 2026-01-26

    Read third time and amended. Ordered to third reading. (Page 3843.)

    amendment-passage,reading-1,reading-3

  21. 2026-01-22

    In committee: Set, first hearing. Referred to suspense file.

    referral-committee

  22. 2026-01-22

    Assembly Rule 63 suspended. (Page 3806.)

  23. 2026-01-22

    From committee: Do pass. (Ayes 11. Noes 4.) (January 22).

    committee-passage,committee-passage-favorable

  24. 2026-01-22

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  25. 2026-01-15

    Re-referred to Com. on APPR.

    referral-committee

  26. 2026-01-14

    Read second time and amended.

    amendment-passage,reading-1,reading-2

  27. 2026-01-13

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 5.) (January 13).

    amendment-introduction,amendment-passage,committee-passage,referral-committee

  28. 2025-04-29

    In committee: Set, first hearing. Hearing canceled at the request of author.

  29. 2025-04-09

    From committee: Do pass and re-refer to Com. on B. & P. (Ayes 4. Noes 1.) (April 8). Re-referred to Com. on B. & P.

    committee-passage,committee-passage-favorable,referral-committee

  30. 2025-04-01

    Re-referred to Com. on E.S & T.M.

    referral-committee

  31. 2025-03-28

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S & T.M. Read second time and amended.

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  32. 2025-03-28

    Referred to Coms. on E.S & T.M. and B. & P.

    referral-committee

  33. 2025-02-19

    From printer. May be heard in committee March 21.

  34. 2025-02-18

    Read first time. To print.

    reading-1

Versions

  • 02/18/25 - Introduced — 2025-02-18Compare
  • 03/28/25 - Amended Assembly — 2025-03-28Compare
  • 01/14/26 - Amended Assembly — 2026-01-14Compare
  • 01/26/26 - Amended Assembly — 2026-01-26Compare
  • 06/22/26 - Amended Senate — 2026-06-22Compare
  • 06/30/26 - Amended Senate — 2026-06-30Compare
  • 08/20/26 - Amended Senate — 2026-08-20Compare
  • 08/30/26 - Enrolled — 2026-08-30Compare
  • 09/28/26 - Chaptered — 2026-09-28Compare
  • AB762Compare
  • (document, no version)Compare

Documents

Votes

  • Do pass and be re-referred to the Committee on [Business and Professions]

    2025-04-08 · pass · 4-1

    Member-level votes (7)
    • Hart: yes
    • Lee: yes
    • Papan: yes
    • Connolly: yes
    • Castillo: no
    • Hadwick: other
    • McKinnor: other
  • Do pass as amended and be re-referred to the Committee on [Appropriations]

    2026-01-13 · pass · 10-5

    Member-level votes (18)
    • Pellerin: yes
    • Caloza: yes
    • Ahrens: yes
    • Berman: yes
    • Bauer-Kahan: yes
    • Irwin: yes
    • Lowenthal: yes
    • Haney: yes
    • Elhawary: yes
    • Bains: yes
    • Johnson: no
    • Hadwick: no
    • Chen: no
    • Macedo: no
    • Alanis: no
    • Jackson: other
    • Nguyen: other
    • Krell: other
  • Do pass.

    2026-01-22 · pass · 11-4

    Member-level votes (15)
    • Wicks: yes
    • Bauer-Kahan: yes
    • Krell: yes
    • Pacheco: yes
    • Stefani: yes
    • Solache: yes
    • Pellerin: yes
    • Caloza: yes
    • Calderon: yes
    • Fong: yes
    • Mark González: yes
    • Hoover: no
    • Tangipa: no
    • Ta: no
    • Dixon: no
  • AB 762 Irwin Assembly Third Reading

    2026-01-29 · pass · 50-17

    Member-level votes (80)
    • Sharp-Collins: yes
    • Ramos: yes
    • Schultz: yes
    • Ahrens: yes
    • Calderon: yes
    • Harabedian: yes
    • Carrillo: yes
    • Mark González: yes
    • Pacheco: yes
    • Alvarez: yes
    • Bains: yes
    • Haney: yes
    • Aguiar-Curry: yes
    • Berman: yes
    • Solache: yes
    • Elhawary: yes
    • Muratsuchi: yes
    • Papan: yes
    • Bryan: yes
    • Boerner: yes
    • Bennett: yes
    • Rivas: yes
    • Fong: yes
    • Rogers: yes
    • Petrie-Norris: yes
    • Caloza: yes
    • Irwin: yes
    • Kalra: yes
    • Patel: yes
    • Pellerin: yes
    • Bauer-Kahan: yes
    • Bonta: yes
    • Soria: yes
    • McKinnor: yes
    • Ortega: yes
    • Gabriel: yes
    • Schiavo: yes
    • Stefani: yes
    • Zbur: yes
    • Addis: yes
    • Ward: yes
    • Connolly: yes
    • Dixon: yes
    • Wicks: yes
    • Lee: yes
    • Jackson: yes
    • Quirk-Silva: yes
    • Hart: yes
    • Garcia: yes
    • Lowenthal: yes
    • DeMaio: no
    • Lackey: no
    • Macedo: no
    • Chen: no
    • Hoover: no
    • Tangipa: no
    • Flora: no
    • Hadwick: no
    • Jeff Gonzalez: no
    • Johnson: no
    • Patterson: no
    • Sanchez: no
    • Wallis: no
    • Ávila Farías: no
    • Ta: no
    • Alanis: no
    • Ellis: no
    • Arambula: other
    • Gallagher: other
    • Nguyen: other
    • Celeste Rodriguez: other
    • Ransom: other
    • Gipson: other
    • Castillo: other
    • Valencia: other
    • Krell: other
    • Davies: other
    • Michelle Rodriguez: other
    • Wilson: other
    • Blanca Rubio: other
  • Do pass as amended, but first amend, and re-refer to the Committee on [Revenue and Taxation]

    2026-06-17 · pass · 5-2

    Member-level votes (7)
    • Allen: yes
    • Menjivar: yes
    • Hurtado: yes
    • Blakespear: yes
    • Gonzalez: yes
    • Dahle: no
    • Valladares: no
  • Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

    2026-06-24 · pass · 4-0

    Member-level votes (5)
    • Ashby: yes
    • Becker: yes
    • McNerney: yes
    • Grayson: yes
    • Alvarado-Gil: other

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_api_sync, retrieved 2026-09-30T01:26:33.363335Z

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