Unflavored Tobacco List Regulations

Summary

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. This rulemaking package will make the Department’s regulations permanent.

Notice Register Publication Date: November 7, 2025

Status

The Notice of Proposed Rulemaking Action was published on November 7, 2025. After revising the proposed regulations in response to public comments, the package was then noticed for a 15-day public comment period on February 19, 2026.

The rulemaking is complete. On June 19, 2026, the Office of Administrative Law approved the regulations and filed them with the Secretary of State.

Final Rulemaking Documents:

• OAL Approval Letter
• Final Text of Proposed Regulations
• Final Statement of Reasons
  • FSOR Appendix A – Summaries and Responses to Public Comments
  • FSOR Appendix B – Good Cause Statement
• Updated Informative Digest
• Economic and Fiscal Impact Statement (STD 399)
• STD 399 Attachment

Second Readoption of Emergency Regulations (May 7, 2026)

• OAL Amended Approval Letter.pdf
• Finding of Emergency.pdf
• Text of Proposed Regulations.pdf
• Economic and Fiscal Impact Statement (STD 399).pdf
• STD 399 Attachment.pdf

15-Day Modifications (February 19, 2026)

• Notice of Modifications to Text of Proposed Regulations
• Modified Text of Proposed Regulations

Readoption of Emergency Regulations (January 30, 2026)

• OAL Approval Letter.pdf
• Finding of Emergency.pdf
• Text of Proposed Regulations.pdf
• Economic and Fiscal Impact Statement (STD 399).pdf
• STD 399 Attachment.pdf

Public Notice and Related Documents (November 7, 2025)

• Notice of Proposed Rulemaking.pdf
• Text of Proposed Regulations.pdf
• Initial Statement of Reasons.pdf
• Economic and Fiscal Impact Statement (STD 399).pdf
• STD 399 Attachment.pdf

Emergency Regulation Documentation (August 6, 2025)

• OAL Approval Letter
• Finding of Emergency.pdf
• Text of Proposed Regulations.pdf
• Economic and Fiscal Impact Statement (STD 399).pdf
• STD 399 Attachment.pdf

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.