AB 2667 — Vape products: household hazardous waste: advertising.

Summary

(1) Existing law authorizes certain entities to operate household hazardous waste collection facilities, as defined, including permanent and temporary household hazardous waste collection facilities, under permits issued by the Department of Toxic Substances Control. Existing law requires hazardous waste transported to a household hazardous waste collection facility to be transported by specified entities, and imposes conditions on the acceptance of hazardous waste by a household hazardous waste collection facility, including, among others, that the hazardous waste not exceed certain weight requirements. Existing law requires a person engaged in the transportation of hazardous waste to be registered with the department and to have a manifest while transporting the hazardous waste, except if the transport is from specified facilities or programs. A violation of the hazardous waste control laws is a crime. This bill would require, until January 1, 2030, the department to evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school, as provided, and identify any recommendations that require future legislative action. The bill would authorize a permanent household hazardous waste collection facility to mechanically disassemble vape pens and devices in a manner that does not result in the unauthorized release of hazardous materials, as specified. The bill would exempt from the above-described registration and manifest provisions a school transporting vape pens and devices confiscated from students. The bill would also impose the above-described conditions relating to the transport of hazardous waste on a public agency, contractor of a public agency, or a registered hazardous waste transporter, transporting vape pens and devices from schools, as provided. The bill would require any vape pens and devices to be transported in containers bearing the school's Environmental Protection Agency identification number. The bill would specify conditions that apply for purposes of determining how many vape pens and devices may be accepted by a household hazardous waste collection facility without exceeding the specified weight limits. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging. This bill would prohibit a person from marketing, promoting, labeling, branding, advertising, distributing, offering for sale, or selling a vape product in this state by (A) imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, or (B) including interactive videogame capabilities within a vape product, as provided. This bill would authorize a city, a county, a city and county, or the state to enforce the above-described prohibitions and to impose civil liability on a person or entity, or distributor, in violation of the prohibitions in specified fine amounts, including $1,000 for the first violation, or for a distributor, $50,000 per violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce the prohibitions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the prohibitions guilty of an infraction punishable by a fine of not more than $500. By creating a new crime, the bill would impose a state-mandated local program. (3) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products. Existing law, except as specified, prohibits a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of that prohibition to seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person's location. Existing law deems those seized flavored tobacco products or tobacco product flavor enhancers as forfeited to the state, and requires the department to issue a civil penalty against the retailer, as provided. Existing law also requires the department to suspend or revoke the license of a retailer upon a 2nd or 3rd seizure and forfeiture, as provided. This bill would apply those same seizure, forfeiture, and civil penalty provisions to a retailer who possesses, stores, owns, or has made a retail sale of vape products, as defined, in violation of the prohibitions related to a vape product described in paragraph (2) , above. Existing law authorizes a peace officer or department employee granted limited peace officer status, as provided, upon presenting appropriate credentials, to enter any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of a violation of specified laws relating to cigarette or tobacco products may be discovered, and to conduct inspections in accordance with specified requirements. This bill would also authorize those inspections at any place where there is evidence of a violation of the prohibitions related to a vape product described in paragraph (2) , above. (4) This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 762 to be operative only if this bill and AB 762 are enacted and this bill is enacted last. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/28/26 - Chaptered html September 28, 2026
• Enrolled 09/03/26 - Enrolled html September 03, 2026
• Amended 08/21/26 - Amended Senate html August 21, 2026
• Amended 06/25/26 - Amended Senate Current pdf June 25, 2026
• Amended 06/10/26 - Amended Senate pdf June 10, 2026
• Introduced 02/20/26 - Introduced pdf February 20, 2026
• AB2667 View text html

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 2 section(s) of the California codes: Section 22974.2 of the Business and Professions Code; Section 22980 of the Business and Professions Code.

• Section 22974.2 of the Business and Professions Code

  products or enhancers shall products or enhancers product or enhancer product or enhancer. products or enhancers products or enhancers products or enhancers products or → SEC. 1.3. Section 22974.2 of the Business and Professions Code is amended to read: or vape products in violation of Section 119407 of the Health and Safety Code, products, enhancers, or vape products (A) are required to (B) Any vape products seized by the department shall be deemed forfeited to the state and the department shall comply with the procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. products, enhancers, or vape products product, enhancer, or vape product product, enhancer, or vape product. products, enhancers, or vape products products, enhancers, or vape products products, enhancers, or vape products products, or vape products, (c) For the purposes of this section, “vape product” has the same meaning as “electronic cigarette” as defined in Section 30121 of the Revenue and Taxation Code. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 1.5. Section 22974.2 is added to the Business and Professions Code, to read: 22974.2. (a) (1) Notwithstanding any other provision of this division, upon discovery by the department or a law enforcement agency that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of Section 104559.5 of the Health and Safety Code, or vape products in violation of Section 119407 of the Health and Safety Code, or sells or offers for sale a disposable, battery-embedded vapor inhalation device containing a tobacco product in violation of Section 42260 of the Public Resources Code, the department or the law enforcement agency may seize the flavored tobacco products, tobacco product flavor enhancers, vape products, or disposable, battery-embedded vapor inhalation devices containing a tobacco product at the retail location or any other person’s location.(2) (A) Any flavored tobacco products or tobacco product flavor enhancers seized by a law enforcement agency shall be delivered to the department, or its designee, within 30 days, unless the seized flavored tobacco products or tobacco product flavor enhancers are required to be destroyed by that law enforcement agency, or unless the seized flavored tobacco products or tobacco product flavor enhancers are otherwise required to be used as evidence in an administrative, criminal, or civil proceeding, or as part of an ongoing law enforcement operation. Any flavored tobacco products or tobacco product flavor enhancers seized by the department or delivered to the department by a law enforcement agency shall be deemed forfeited to the state and the department shall comply with procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code.(B) Any disposable, battery-embedded vapor inhalation device containing a tobacco product seized by the department shall be deemed forfeited to the state and the department shall comply with the procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code.(C) Any vape products seized by the department shall be deemed forfeited to the state and the department shall comply with the procedures set forth in Chapter 7.5 (commencing with Section 30435) of Part 13 of Division 2 of the Revenue and Taxation Code.(b) (1) In addition to seizure and forfeiture of the flavored tobacco products, tobacco product flavor enhancers, vape products, or disposable, battery-embedded vapor inhalation devices containing a tobacco product under subdivision (a), the department shall issue a civil penalty against the retailer equal to fifty dollars ($50) per individual package of flavored tobacco product, tobacco product flavor enhancer, or vape product, or individual disposable, battery-embedded vapor inhalation device containing a tobacco product seized or delivered to the department by a law enforcement agency

  amended

• Section 22980 of the Business and Professions Code

  or facility. have the following meanings: program service, (q) 262.13 40 Federal SEC. 3. or department (C)For purposes of subparagraph (B), “vape pen and device” means an electronic device that is powered by one or more removable or embedded batteries and that delivers solely, or a combination of, nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, hookah, or other delivery mechanism. waste SEC. 4. loadcheck loadcheck devices were confiscated from students, (iii)For purposes of this subparagraph, “vape pen and device” means an electronic device that is powered by one or more removable or embedded batteries and that delivers solely, or a combination of, nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, hookah, or other delivery mechanism. SEC. 5. SEC. 6.Section 25218.8 of the Health and Safety Code is amended to read:25218.8.(a)Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection facility.(b)A hazardous waste facilities permit is not required for the operation of a recycle-only household hazardous waste collection facility if all of the following conditions are met:(1)The facility accepts only the following recyclable household hazardous waste materials for subsequent transport to an authorized recycling facility:(A)Latex paint.(B)Used oil.(C)Used oil filters.(D)Antifreeze.(E)Spent lead-acid batteries.(F)Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department.(G)Oil-based paint accepted pursuant to the requirements in Section 25217.2.1.(2)No hazardous wastes or other materials are handled at the facility other than the materials specified in paragraph (1).(3)The materials are transported to the collection facility by either of the following:(A)The person who generated the material.(i)Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons including, but not limited to, death, illness, or disability.(ii)The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service.(iii)A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household.(B)The authorized curbside household hazardous waste collection program or other household hazardous waste programs and sources, including load checking sources.(4)The materials transported to the facility are transported in accordance with Section 25218.5.(5)The materials collected are not stored at the facility for more than 180 days, except that less than one ton of spent lead-acid batteries may be stored at the facility for up to one year. More than one ton of spent lead-acid batteries shall not be stored at the facility for more than 180 days.(6)The materials collected are managed in accordance with the hazardous waste labeling, containerization, emergency response, and personnel training requirements of this chapter.(7)The facility is in compliance with Section 25218.2.(c)(1)Subject to paragraph (2), a permanent household hazardous waste collection facility → SEC. 3. Section 25163 of the Health and Safety Code is amended to read: facility, or a school transporting vape pens and devices confiscated from students as described in subparagraph (I) of paragraph (1) of subdivision (a) of Section 25218.5. SEC. 4. Section 25218.1 of the Health and Safety Code is amended to read: shall apply: programs services, (q) “Vape pen and device” means an electronic device that is powered by one or more removable or embedded batteries and that delivers solely, or a combination of, nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, hookah, or other delivery mechanism. (r) 66260.10 22 California SEC. 5. nonacute or 1 kilogram of acutely hazardous waste school or United States Environmental Protection Agency the department (iv) Clauses (ii) and (iii) shall remain in effect unless the department adopts superseding guidance or regulations. The department shall provide written notice of the adoption of superseding guidance or regulations to the Legislative Counsel. nonacute waste, or 1 kilogram of extremely hazardous waste, nonacute and 12 kilograms of extremely hazardous waste SEC. 6. load check load check devices, that were confiscated from students, is a VSQG a closed SEC. 7. SEC. 8. SEC. 9. SEC. 10.

  amended

Action History

1. September 28, 2026

   Chaptered by Secretary of State - Chapter 722, Statutes of 2026.

2. September 28, 2026

   Approved by the Governor.

3. September 10, 2026

   Enrolled and presented to the Governor at 3 p.m.

4. August 30, 2026

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6938.).

5. August 30, 2026

   In Assembly. Concurrence in Senate amendments pending.

6. August 30, 2026

   Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).

7. August 30, 2026

   Ordered to special consent calendar.

8. August 24, 2026

   Read second time. Ordered to third reading.

9. August 21, 2026

   Read third time and amended. Ordered to second reading.

10. August 13, 2026

    Read second time. Ordered to third reading.

11. August 13, 2026

    From committee: Do pass. (Ayes 7. Noes 0.) (August 13).

12. August 03, 2026

    In committee: Referred to APPR. suspense file.

13. June 25, 2026

    Read second time and amended. Re-referred to Com. on APPR.

14. June 24, 2026

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 24).

15. June 22, 2026

    From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 10. Noes 0.) (June 22). Re-referred to Com. on REV. & TAX.

16. June 17, 2026

    From committee: Do pass and re-refer to Com. on B. P. & E.D. (Ayes 7. Noes 0.) (June 17). Re-referred to Com. on B. P. & E.D.

17. June 10, 2026

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

18. June 10, 2026

    Referred to Coms. on E.Q., B. P. & E.D. and REV. & TAX.

19. June 01, 2026

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 28, 2026

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 5530.)

21. May 18, 2026

    Read second time. Ordered to third reading.

22. May 14, 2026

    From committee: Do pass. (Ayes 15. Noes 0.) (May 14).

23. May 14, 2026

    Coauthors revised.

24. April 22, 2026

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. April 14, 2026

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 19. Noes 0.) (April 14). Re-referred to Com. on APPR.

26. March 25, 2026

    From committee: Do pass and re-refer to Com. on B. & P. (Ayes 7. Noes 0.) (March 24). Re-referred to Com. on B. & P.

27. March 25, 2026

    Coauthors revised.

28. March 16, 2026

    Referred to Coms. on E.S & T.M. and B. & P.

29. February 21, 2026

    From printer. May be heard in committee March 23.

30. February 20, 2026

    Read first time. To print.

Sponsors

• Diane Papan · Cosponsor
• Rebecca Bauer-Kahan · Cosponsor
• Juan Alanis · Cosponsor
• Buffy Wicks · Cosponsor
• Heather Hadwick · Primary

Votes

Subjects