- Tobacco
- Litigation & Enforcement
- Highlights
- Tobacco Highlights 2004
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Final Regulations Adopted to Implement Revenue &
Taxation Code Section 30165.1
On January 1, 2004, Revenue and Taxation Code section 30165.1
took effect. Added by A.B. 71 (Stats. 2003, ch. 890, sec. 7),
section 30165.1 requires the Attorney General to establish and
maintain on his Internet website a directory of compliant tobacco
product manufacturers and cigarette roll-your-own (“RYO”) tobacco
brand families which may be sold in California. (Section 30165.1(c).)
This new law requires all manufacturers who wish to sell their
cigarettes or in California to certify, on forms and in the manner
specified by the Attorney General, either full compliance with
the state’s reserve fund statute (Health & Safety Code, §§ 104555-104557)
or certain aspects of the Master Settlement Agreement (MSA). (Section
30165.1(b).) Section 30165.1(e) prohibits the sale of cigarettes
and RYO tobacco that are not listed, along with the manufacturer,
on the directory. The Attorney General adopted emergency regulations
to implement this new law in April 2004. Following a public hearing
and review process, final regulations have been adopted. The final
regulations are effective as of January 5, 2005.
View the final regulations, pdf.
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Notice of Proposed Action
Notice is hereby given that the Department of Justice(DOJ) has
approved regulations to implement Revenue and Taxation Code section
30165.1, which was added by A.B. 71 (Stats. 2003, ch. 890. sec.
7), effective January 1, 2004. Pursuant to express authority,
provided in subdivision (o) of section 30165.1, DOJ has adopted
these regulations on an emergency basis and hereby gives notice
of its intent to adopt these regulations on a permanent basis.
View the Notice of Proposed Action, pdf.
View the proposed regulation text, pdf.
View the Initial Statement of Reasons, pdf.
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Emergency Regulations to Implement Revenue and Taxation
Code Section 30165.1
On January 1, 2004, Revenue and Taxation Code section 30165.1
took effect. Added by A.B. 71 (Stats. 2003, ch. 890. Sec. 7),
section 30165.1 requires the Attorney General to establish and
maintain on his Internet website a directory of compliant tobacco
product manufacturers and brand families which may be sold in
California. (Section 30165.1(c).) This new law requires all manufacturers
who wish to sell their cigarettes or rollyour-own (“RYO”) tobacco
in California to certify, on forms and in the manner specified
by the Attorney General, either full compliance with the state’s
reserve fund statute (Health & Safety Code §§ 104555-104557) or
certain aspects of the Master Settlement Agreement (MSA). (Section
30165.1(b).) Section 30165.1(e) prohibits the sale of cigarettes
and RYO tobacco that are not listed, along with the manufacturer,
on the directory.
View the Proposed Rregulation text, pdf.
View the Finding of Emergency, pdf.
- March 22, 2004 -
Court approves Settlement of claims against R.J. Reynolds
and its marketing agent for distributing free cigarettes in violation
of tobacco Master Settlement Agreement and California law. Court
order requires payment of $60,000 to fund projects to support
youth and young adult tobacco control advocacy in California.
View the Stipulation for Order and Order for Entry of Final Judgment, pdf.
- March 19, 2004 - Court of Appeal Publishes Decision Affirming Reynolds’
Violation of the Prohibition Against Youth Targeting. Decision
First in the Nation Enforcing the Master Settlement Agreement’s
Prohibition Against Youth Targeting.
View the decision, pdf.
- Press Release - February 19, 2004
The Office of the Attorney General Praises New State Campaign to Combat Tobacco Sales to Children Cites His Office's Success in Curbing Retailer Sales, Fighting Industry Practices