In order to protect the health of employees, California Labor Code Section 6404.5 prohibits smoking in the workplace. It is against the law to smoke in an enclosed space at a place of employment. Enclosed space includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building. 

Tobacco Sales Laws

California Penal Code Section 308(a) and The Stop Tobacco Access to Kids Enforcement Act (STAKE Act) prohibits the sales of tobacco and tobacco paraphernalia, including electronic cigarettes, to persons under the age of 21.

Tobacco, electronic cigarettes, and tobacco paraphernalia must be kept out of reach of customers. Cigarettes must be sold in their original packaging. Selling single cigarettes is illegal. Self-serve displays and vending machines are prohibited in stores accessible to minors. Tobacco stores or "smoke shops" are exempt from the display rule but must still keep cigarettes out of reach. 

STAKE Act signs must be posted at each cash register where customers can see them. All tobacco retailers are required to have their valid California Cigarette and Tobacco Products Retailer's License posted where the public can see it. For information on how to obtain a California Cigarette and Tobacco Products Retailer's License, visit the California Department of Tax and Fee Administration website.

SB 793, Flavored Tobacco Products 

To read more about the most current and up-to-date California tobacco laws, you can visit these sites listed below:

• Tobacco Laws Affecting California
• California Department of Public Health-Tobacco Control Branch
• Public Health Law Center at Mitchell Hamline School of Law