San Francisco County Municipal Code Art. 19R Prohibiting the Sale of Electronic Cigarettes
San Francisco County Municipal Code · 2026-09 edition · updated 2026-10-04 · San Francisco County
Cite as: San Francisco County Municipal Code Article 19R · Text as of 2026-10-04
LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
Sec. 19R.1. Definitions. Sec. 19R.2. Sale or Distribution of Electronic Cigarettes Lacking Food and Drug Administration Premarket Order of Approval Prohibited. Sec. 19R.3. Administrative Regulations. Sec. 19R.4. Enforcement. Sec. 19R.5. No Conflict with Federal or State Law.
SEC. 19R.1. DEFINITIONS.¶
For purposes of this Article 19R, the following terms have the following meanings: “Director” has the meaning set forth in Health Code Section 19H.2. “Electronic Cigarette” has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time. “Establishment” has the meaning set forth in Health Code Section 19H.2. “New Tobacco Product” has the meaning set forth in 21 U.S.C. § 387j(a)(1), as may be amended from time to time. (Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)
SEC. 19R.2. SALE OR DISTRIBUTION OF ELECTRONIC CIGARETTES LACKING FOOD¶
AND DRUG ADMINISTRATION PREMARKET ORDER OF APPROVAL PROHIBITED. The sale or distribution by an Establishment of an Electronic Cigarette is prohibited where the Electronic Cigarette: (a) Is a New Tobacco Product; (b) Requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and (c) Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time. (Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)
SEC. 19R.3. ADMINISTRATIVE REGULATIONS.¶
The Director may adopt rules, regulations, or guidelines for the implementation and enforcement of this Article 19R. (Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)
SEC. 19R.4. ENFORCEMENT.¶
The Director may enforce Section 19R.2 under Articles 19 et seq. of the Health Code, including but not limited to Article 19H. (Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)
SEC. 19R.5. NO CONFLICT WITH FEDERAL OR STATE LAW.¶
Nothing in this Article 19R shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal
or state law. (Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)
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