San Diego Municipal Code Div. 16 Flavored Tobacco

(“Flavored Tobacco” added 6-14-2022 by O-21456 N.S.; effective 1-1-2023.)

Tobacco use is one of the leading causes of preventable death in the United States. Electronic cigarettes use flavored nicotine that is sold and consumed in thousands of flavors that appeal to youth, such as bubblegum and cotton candy. These flavors hide the harshness of nicotine, making initiation of nicotine use more appealing to youth. It is the purpose and intent of this Division to provide for the public health, safety, and welfare of the community, particularly youth, by prohibiting the sale or distribution of flavored tobacco products. (“Purpose and Intent” added 6-14-2022 by O-21456 N.S.; effective 1-1-2023.)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division.

Electronic cigarette has the same meaning as in San Diego Municipal Code
section 43.1001.

Electronic cigarette retailer has the same meaning as in San Diego Municipal
Code section 33.4502.

Flavored tobacco products means a tobacco product that emits a taste or smell,
other than the taste or smell of tobacco, including but not limited to, any taste or
smell relating to fruit, mint, menthol, wintergreen, chocolate, cocoa, vanilla,
honey, candy, dessert, alcoholic beverage, herb, or spice. Flavored tobacco
products do not include products approved by the Food and Drug Administration
for sale as a tobacco cessation product or other therapeutic purposes, where the
product is marketed and sold solely for such an approved purpose.

Premium cigars means any cigar that is handmade, has a wrapper that is made
entirely from whole tobacco leaf, and has a wholesale price of no less than
twelve dollars. A premium cigar does not have filter, tip, or nontobacco
mouthpiece.

Sisha means a tobacco product that is mixed with molasses, honey, fruit, or dried
fruits and is sold for use in a hookah.

Ch. Art. Div.
4 2 16 1

San Diego Municipal Code Chapter 4: Health and Sanitation (1-2023)

Tobacco product has the same meaning as in San Diego Municipal Code section 33.4502.

Tobacco retailer has the same meaning as in San Diego Municipal Code section 33.4502. (“Definitions” added 6-14-2022 by O-21456 N.S.; effective 1-1-2023.)

(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to sell or distribute flavored tobacco products.

(b) This section does not apply to the sale of sisha, premium cigars, or loose-
leaf tobacco.
(“Sale or Distribution of Flavored Tobacco Products; Exemptions” added
6-14-2022 by O-21456 N.S.; effective 1-1-2023.)

Ch. Art. Div. 4 2 16 2

San Diego Municipal Code Chapter 4: Health and Sanitation (6-2000)