Tobacco Retailer Program

In May 2004, the Sacramento County Board of Supervisors approved a local ordinance (Title 4, Chapter 4.07 of the Sacramento County Code) that requires all tobacco retailers in the unincorporated areas of Sacramento County to obtain a business license and have an unannounced inspection performed once per year to ensure compliance to regulations regarding sale of tobacco and tobacco products.

Since 2004, representatives from the Sacramento County Environmental Management Department (EMD) have been conducting annual inspections at tobacco retailer facilities. The purpose of these inspections is to prevent the sale of tobacco and tobacco products to under age purchasers. The following items are inspected for compliance:

Display of Tobacco Retailer License.
Display of appropriate signage prohibiting the sale of tobacco and tobacco products to minors.
Display of cigarettes in a manner that prevents self-service of cigarettes to the public.
Proper packaging of cigarettes and "roll-your-own" tobacco.
Selling bidis (also spelled "beedis", hand-rolled filterless cigarettes imported from India and some Southeast Asian countries) in only those facilities that prohibit the presence of minors.
No flavored tobacco

Flavored Tobacco Ban

The Flavored Tobacco Ban took effect on July 25, 2022 in Sacramento County Ordinance 4.07 Tobacco Retailers. The ban prohibits Tobacco Retail License holders from selling any tobacco product or byproduct including but not limited to cigars, cigarillos, vape liquid, and hookah tobacco that imparts a characterizing flavor.

While the State of California exempts loose leaf tobacco and certain cigars, the County of Sacramento does not.

If a business is found to have any flavored tobacco or nicotine product available to customers (a violation of their license), the business may be subject to suspension.

What is a Flavored Tobacco Product?

“Tobacco Product" shall be defined in Business and Professions Code Section 22950.5 below:

(d)(1) “Tobacco product" means any of the following:

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

A tobacco product is a flavored tobacco product, as described in Sacramento County Ordinance § 4.07.100 License Violation, if:

A manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor.
Including, but not limited to, text, color, or images on the product's labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

“Characterizing flavor":

Means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice.

California's New Tobacco Laws

California passed two new Tobacco laws that took effect on January 1, 2025, and should
be fully implemented no later than December 31, 2025: Assembly Bill (AB) 3218 and
Senate Bill (SB) 1230. Together, these laws close loopholes in SB 793, California's flavor
law prohibiting the retail sale of most flavored tobacco products, and are aimed at
strengthening and streamlining enforcement against prohibited flavored tobacco product
sales.

AB 3218

Ensures full compliance with the flavored tobacco ban by:

Establishing a publicly available list of all tobacco products that are permissibly unflavored under the state's flavored tobacco restrictions.
Authorizing the Attorney General to seek civil penalties against sellers for selling products not appearing on the Unflavored List.
Rendering products not appearing on the Unflavored List subject to seizure, aiding in enforcement efforts by state or local law enforcement agencies.
Revising the definition of a prohibited “characterizing flavor" to specifically includeproducts that impart menthol-like cooling sensations, as well as other flavors thatare “distinguishable by an ordinary consumer."

SB 1230

Strengthens tobacco oversight programs in California by:

Allowing California Department of Tax and Fee Administration employees to seize and destroy flavored tobacco products.
Increasing penalties for giving tobacco products to people under 21.• Repealing the provision that allows tobacco sales to active-duty military personnel who are at least 18 years old.

Questions about flavored tobacco?

Contact the Business License manager at: BusLicense@saccounty.gov

For more information:

For additional information or if you have comments about the Tobacco Retailer Inspection Program please contact EMD at the address below:

Sacramento County Environmental Management Department
Environmental Health Division
11080 White Rock Rd., Suite 200
Rancho Cordova, CA 95670

916-875-8440
916-875-8513 (fax)
emdinfo@saccounty.gov

Environmental Management