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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Senator Archuleta

(Coauthors: Senators Padilla and Reyes)

February 17, 2026

An act to add Section 22974.6 to the Business and Professions Code, relating to public health.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes, within the California Health and Human Services Agency, the State Department of Public Health, which has authority over various programs promoting public health, including the California Tobacco Control Program. Existing law requires the department to, among other things, establish a program on tobacco use and health to reduce tobacco use in California by conducting health education interventions and behavior change programs at the state level, in the community, and other nonschool settings. Existing law also requires the department to conduct statewide surveillance of tobacco-related behaviors, knowledge, and attitudes and evaluate the department’s local and state tobacco control programs. Under existing law, the department funds the Kick It California program, which is a tobacco cessation program. Existing law, the California Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure by the California Department of Tax and Fee Administration of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products that are engaged in business in California. The act authorizes the department to suspend or revoke a retailer’s license or impose a civil penalty for a violation of the act’s provisions and requires all moneys collected under the act to be deposited in the Cigarette and Tobacco Products Compliance Fund to be available for expenditure, upon appropriation by the Legislature, for specified uses. Existing law requires a retailer to conspicuously display its license to engage in the sale of cigarettes or tobacco products at each retail location in a manner visible to the public.

This bill would require the State Department of Public Health, no later than July 1, 2027, to develop signage for lung cancer screening, make available signage to raise lung cancer screening awareness, as specified, which would include, among other things, eligibility criteria for lung cancer screening and the toll-free telephone number of the Kick It California tobacco cessation program. The bill would require the sign to be available at no cost on the department’s internet website. The bill would require, beginning January 1, 2028, a retailer, as defined, to conspicuously display the signage at each retail location. The bill would make a retailer who violates that requirement liable for a civil penalty of $500 for each offense at a retail location and would require those penalties to be deposited into the Cigarette and Tobacco Products Compliance Fund.

The people of the State of California do enact as follows:

SECTION 1.

Section 22974.6 is added to the Business and Professions Code, to read:

22974.6.

(a) (1) The State Department of Public Health shall, on or before July 1, 2027, develop signage for lung cancer screening. make available signage to raise lung cancer screening awareness. The department may develop the signage, use existing materials, or partner with an existing lung cancer screening public awareness or education campaign. The signage shall include, but not be limited to, all of the following:

(A) Eligibility criteria for lung cancer screening.

(B) Information on the effectiveness of lung cancer screening.

(C) The toll-free telephone number of the Kick It California tobacco cessation program (Kick It California).

(D) A quick response (QR) code that links to the Kick It California page on the State Department of Public Health’s internet website.

(3) The signage shall not exceed 8.5 inches by 4 inches in size.

(4) The signage shall be available to order at no cost from the State Department of Public Health’s internet website.

(b) Beginning January 1, 2028, a retailer shall conspicuously display the signage described in subdivision (a) at each retail location.

(c) (1) A retailer who fails to display the signage as required in subdivision (b) shall be liable for a civil penalty of five hundred dollars ($500) for each offense at a retail location.

(2) Upon discovery by the California Department of Tax and Fee Administration that a retailer failed to display the signage at a retail location as required in subdivision (b), the department shall issue the civil penalty imposed in paragraph (1) in accordance with the procedures applicable to the civil penalty authorized under Section 22974.5.

(d) A retailer shall not be subject to Section 22974.7, 22980.3, or 22981 for a violation of subdivision (b).

(e) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990.