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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Senators Umberg and Menjivar

February 21, 2025

An act to add Section 22984 to the Business and Professions Code, relating to public health.

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

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer, as defined, to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products. A violation of these provisions is a misdemeanor.

This bill would expand those provisions to prohibit a retailer from selling nitrous oxide in any retail location, subject to certain exceptions. The bill would authorize a city or county or city and county to adopt an ordinance imposing greater restrictions on the retail sale of nitrous oxide provided the ordinance does not restrict legitimate uses, as specified.

(2) By expanding the definition of an existing crime, this bill would impose a state-mandated local program.

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.

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

SECTION 1.

Section 22984 is added to the Business and Professions Code, to read:

22984.

(a) A retailer shall not sell nitrous oxide, as defined in Section 381c of the Penal Code, at a retail location. For purposes of this section, a retailer does not include a grocery store or a general retail merchandise store with a grocery department, as defined in Section 7100 of the Civil Code, except that a retailer includes a convenience store.

(b) A city or county, or city and county, may adopt an ordinance imposing greater restrictions on the retail sale of nitrous oxide than those imposed by this section provided that the ordinance does not restrict legitimate uses, including, but not limited to, medical, dentistry, food preparation, industrial, manufacturing, and automotive services.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.