How are “tobacco product” and “characterizing flavor” defined in the law?

Napa Municipal Code 8.20.020 provides the following definitions:

  • “Tobacco product” shall have the meaning set forth in California Business and Professions Code Section 22950.5. “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. “Tobacco product” includes any of the following:

    A. A product containing, made, or derived from tobacco or nicotine that is intended
    for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
    inhaled, snorted, sniffed, or ingested by any other means, including, but not
    limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

    B. An electronic device that delivers nicotine or other vaporized liquids to the person
    inhaling from the device, including, but not limited to, an electronic cigarette,
    cigar, pipe, or hookah.

    C. Any component, part, or accessory of a tobacco product, whether or not sold

    D. A substance regulated by California Penal Code Section 308, including any
    tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of
    tobacco, or any other instrument or paraphernalia that is designed for the
    smoking or ingestion of tobacco, tobacco products, or any controlled substance.

    “Characterizing flavor” means a distinguishable taste or aroma, or both, other than the
    taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by
    the tobacco product. Characterizing flavors include, but are not limited to, tastes or
    aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
    beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be
    determined to have a characterizing flavor solely because of the use of additives or
    flavorings or the provision of ingredient information. Rather, it is the presence of a
    distinguishable taste or aroma, or both, as described in the first sentence of this
    definition, that constitutes a characterizing flavor.

Show All Answers

1. What is the new law on flavored tobacco products?
2. When does the flavored tobacco products sales prohibition go into effect?
3. Why is the City of Napa enacting this ban?
4. Why are flavored tobacco products, including flavored cigarettes, a public health concern?
5. How are “tobacco product” and “characterizing flavor” defined in the law?
6. What is a flavored tobacco product?
7. Which flavored products fall into the exemption category?
8. How will this new law be enforced?
9. Where can I go for more information on this new ordinance?