State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
The Department of Justice (Department) proposes to adopt sections 942 through 957 of Title 11, Division 1, Chapter 11, of the California Code of Regulations, concerning Assembly Bill 3218, which went into effect on January 1, 2025.
A summary of the proposed regulations, a copy of the public notice, and related documents are provided below.
Notice Register Publication Date: November 7, 2025
In 2020, Senate Bill 793 banned flavored tobacco products (subject to certain exceptions) and tobacco product flavor enhancers in California. (Health & Saf. Code, § 104559.5.) Assembly Bill 3218, which went into effect on January 1, 2025, amended the flavor ban put in place by Senate Bill 793 and expanded on it. (Bus. & Prof. Code, §§ 22978.3, 22980, 22990; Health & Saf. Code, §§ 104559.1, 104559.5; Rev. & Tax. Code, § 30101.7.) It established the Unflavored Tobacco List (UTL), a list of covered tobacco products that are permissibly unflavored under the law. (Health & Saf. Code, § 104559.1, subd. (a).) Products not appearing on the list will be subject to seizure, and the Attorney General, the California Department of Public Health, and state and local law enforcement agencies are authorized to seek civil penalties against retailers of products not appearing on the list. (Health & Saf. Code, §§ 104559.1, subd. (g), 104559.5, subd. (b)(1); Bus. & Prof. Code, § 22974.2, subd. (a).) Assembly Bill 3218 requires the Attorney General to establish and maintain the UTL on or before December 31, 2025. (Health & Saf. Code, § 104559.1, subd. (m)).
The regulations implement Assembly Bill 3218, in part, by describing how manufacturers and importers of unflavored tobacco products may apply for the placement of their products on the UTL, what information those manufacturers and importers must provide, and the timing for applications and responses. The regulations also establish fees for initial and renewed placement on the list, and describe how civil penalties against distributors, wholesalers, and delivery sellers of products not appearing on the UTL may be assessed and appealed.
The Legislature authorized the Department to promulgate emergency regulations to implement Assembly Bill 3218. (Health & Saf. Code, § 104559.1, subd. (q).) The Department completed emergency rulemaking, and emergency regulations were approved on August 25, 2025. The emergency regulations will expire on February 24, 2026. This rulemaking package will make the Department’s regulations permanent.
California Code of Regulations, Title 11, Division 1, Chapter 11
Adopt Sections: Sections 942 through 957
The Department will hold one public hearing to provide all interested persons an opportunity to present statements or arguments, either orally or in writing, with respect to the proposed regulations, as follows:
Tuesday, December 23, 2025, 10:00 a.m. - 2:00 p.m.
1300 I Street, Room 730, 7th Fl.
Sacramento, CA 95814-2919
Remote Participation: https://doj-ca.zoomgov.com/j/1618468955
Phone Participation: (669) 254-5252, access code 161 846 8955
The hearing location is wheelchair accessible. Please bring your I.D. for security check-in. The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.
This rulemaking is undergoing a 45-day public comment period. Any person or their authorized representative may submit written comments regarding the proposed regulatory action. The written comment period closes at 5:00 pm on December 23, 2025. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to:
The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Any person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons. The Final Statement of Reasons will also be posted to this webpage upon completion of this rulemaking.
NOTE: Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.