State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Date: May 7, 2026
The Department of Justice (Department) proposes to readopt sections 942 through 957 of Title 11, Division 1, Chapter 11, of the California Code of Regulations, concerning Assembly Bill 3218, which went into effect on January 1, 2025.
A summary of the proposed emergency regulations, a copy of the public notice, and related documents are provided below.
The proposed regulations are, by legislative mandate, deemed emergency regulations necessary for the immediate preservation of the public health, safety, and welfare under the governing statute. (Health & Saf. Code, § 104559.1, subd. (q).)
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, and emergency regulations were approved on August 25, 2025, and were readopted, effective as of February 24, 2026.
California Code of Regulations, Title 11, Division 1, Chapter 11
Readopt Sections: Sections 942 through 957
On August 25, 2025, the Office of Administrative Law approved the Department’s emergency action regarding Assembly Bill 3218 , and the emergency regulations became effective on August 25, 2025. The emergency regulations were readopted, effective February 24, 2026, and will expire on May 27, 2026, unless readopted. The Department proposes to readopt the emergency regulations without modification. The Department has initiated the process to adopt regulations concerning Assembly Bill 3218 by regular rulemaking. A Notice of Proposed Rulemaking on those regulations was published on November 7, 2025, and the Department held a 15-day public comment period to receive comments on revisions to the proposed regulations. The 15-day comment period took place from February 19, 2026 to March 9, 2026. Currently, the Department is responding to public comments and finalizing the rulemaking process.
The Department plans to file the emergency readoption package with the Office of Administrative Law at least five working days from the date provided at the top of this notice. If you would like to comment on the Finding of Emergency or the proposed text, those comments must be made in writing only, must contain a notation that identifies the emergency regulation to which they relate, and must be received by both the Department and OAL within five calendar days of the Department’s filing with OAL. The Department may respond to comments at its discretion.
Department of Justice
Taylor Ann Whittemore
1515 Clay Street, P.O. Box 70550
Oakland, CA 94612
E-mail: UTLregulations@doj.ca.gov
and
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Fax: (916) 445-9515
E-mail: staff@oal.ca.gov
The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Any person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons. The Final Statement will also be posted to this webpage upon completion of this rulemaking.
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.