California Tobacco Directory Regulations
The information below relates to rulemaking activity, including links to the regulations text and associated documents. Additionally, tips for making effective comments on regulations can be found here: Tips for Making Effective Comments, pdf. A person who has submitted a comment regarding a proposed action has the right to request a copy of the final statement of reasons.
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. Submit all requests to firstname.lastname@example.org.
Proposed: Regulations regarding Fire Standard Compliant Cigarettes & Rev. Tobacco Escrow Agreement - Title 11, Division 1, Chapters 16 and 16.5
Readoption of Emergency Regulations
Notice of Modification of Proposed Forms and Regulations
Emergency Regulations: June 19, 2023
Legislation Related to the California Tobacco Directory
- California Reserve Fund Statute, pdf
The California Reserve Fund Statute, Health and Safety Code sections 104555-104557, requires tobacco product manufacturers whose Cigarettes are sold in California to either sign onto the Master Settlement Agreement ("MSA") or establish and properly fund a Qualified Escrow Fund to reflect the number of each manufacturer's Cigarettes sold in California. The Reserve Fund Statute also establishes penalties for noncompliance with its terms.
- California Complementary Legislation, pdf
The California Complementary Legislation (or "directory law"), Revenue and Taxation Code section 30165.1, requires the Attorney General to publish a directory of tobacco product manufacturers and brand families of cigarettes and roll-your-own tobacco that are lawful for sale in California. Any tobacco product manufacturer who wishes to sell its cigarettes or roll-your-own tobacco products in California must certify that it is in compliance with Health and Safety Code sections 104555-104557, Revenue and Taxation Code section 30165.1, Business and Professions Code section 22979, and the regulations implementing these statutes (Cal. Code Regs., tit. 11, ch. 16, §§ 999.10-999.29).
- California Cigarette and Tobacco Products Licensing Act of 2003, pdf
The California Cigarette and Tobacco Products Licensing Act, Division 8.6 (commencing with section 22970) of the Business and Professions Code, requires cigarette and tobacco product manufacturers, importers, wholesalers, distributors, and retailers to be licensed by the Board of Equalization and provides conditions for obtaining and maintaining such licenses.
- California Fire Safety and Firefighter Protection Act, pdf
The California Fire Safety and Firefighter Protection Act, Health and Safety Code sections 14950-14960, prohibits a person from selling, offering, or possessing for sale in California any cigarettes not in compliance with the testing, performance standard, marking, and certification requirements of this statute.
Regulations Related to the California Tobacco Directory
Regulations that implement the California Tobacco Directory Law can be found at:
Completed California Tobacco Directory Regulations
Revised Tobacco Directory Forms
The rulemaking is complete. On May 19, 2022, the Office of Administrative Law approved the regulations and filed them with the Secretary of State.
Notice of Second Modification to Text of Proposed Amended Regulations and Forms
Notice of Modification to Proposed Forms
Notice of Proposed Rulemaking
Text of Proposed Amended Regulations
Form JUS-TOB1 (Adopt)
Form JUS-TOB1 (Repeal)
Form JUS-TOB3 (Adopt)
Form JUS-TOB3 (Repeal)
Form JUS-TOB4 (Adopt)
Form JUS-TOB4 (Repeal)
Form JUS-TOB5 (Adopt)
Form JUS-TOB5 (Repeal)
Form JUS-TOB7 (Adopt)
Form JUS-TOB8 (Adopt)
Form JUS-TOB8 (Repeal)
Form JUS-TOB15 (Adopt)
Form JUS-TOB15 (Repeal)
Initial Statement of Reasons
Form STD 399
Form STD 400
Tips for Effective Comments
2019 Tobacco Escrow Agreement Revision
This rulemaking is complete. On December 26, 2019, the Office of Administrative Law approved the Department of Justice’s regulations regarding tobacco escrow agreements and filed them with the Secretary of State.
Certificate of Compliance Notice
Tobacco Escrow Agreement Second Emergency Re-Adoption October 7, 2019
Tobacco Escrow Agreement First Emergency Re-Adoption July 2, 2019
Tobacco Escrow Agreement January 8, 2019