Tobacco Highlights 2004

  • Final Regulations Adopted to Implement Revenue & Taxation Code Section 30165.1
    On January 1, 2004, Revenue and Taxation Code section 30165.1 took effect. Added by A.B. 71 (Stats. 2003, ch. 890, sec. 7), section 30165.1 requires the Attorney General to establish and maintain on his Internet website a directory of compliant tobacco product manufacturers and cigarette roll-your-own (“RYO”) tobacco brand families which may be sold in California. (Section 30165.1(c).) This new law requires all manufacturers who wish to sell their cigarettes or in California to certify, on forms and in the manner specified by the Attorney General, either full compliance with the state’s reserve fund statute (Health & Safety Code, §§ 104555-104557) or certain aspects of the Master Settlement Agreement (MSA). (Section 30165.1(b).) Section 30165.1(e) prohibits the sale of cigarettes and RYO tobacco that are not listed, along with the manufacturer, on the directory. The Attorney General adopted emergency regulations to implement this new law in April 2004. Following a public hearing and review process, final regulations have been adopted. The final regulations are effective as of January 5, 2005.
    View the final regulations, pdf.
  • Notice of Proposed Action
    Notice is hereby given that the Department of Justice(DOJ) has approved regulations to implement Revenue and Taxation Code section 30165.1, which was added by A.B. 71 (Stats. 2003, ch. 890. sec. 7), effective January 1, 2004. Pursuant to express authority, provided in subdivision (o) of section 30165.1, DOJ has adopted these regulations on an emergency basis and hereby gives notice of its intent to adopt these regulations on a permanent basis.
    View the Notice of Proposed Action, pdf.
    View the proposed regulation text, pdf.
    View the Initial Statement of Reasons, pdf.
  • Emergency Regulations to Implement Revenue and Taxation Code Section 30165.1
    On January 1, 2004, Revenue and Taxation Code section 30165.1 took effect. Added by A.B. 71 (Stats. 2003, ch. 890. Sec. 7), section 30165.1 requires the Attorney General to establish and maintain on his Internet website a directory of compliant tobacco product manufacturers and brand families which may be sold in California. (Section 30165.1(c).) This new law requires all manufacturers who wish to sell their cigarettes or rollyour-own (“RYO”) tobacco in California to certify, on forms and in the manner specified by the Attorney General, either full compliance with the state’s reserve fund statute (Health & Safety Code §§ 104555-104557) or certain aspects of the Master Settlement Agreement (MSA). (Section 30165.1(b).) Section 30165.1(e) prohibits the sale of cigarettes and RYO tobacco that are not listed, along with the manufacturer, on the directory.
    View the Proposed Rregulation text, pdf.
    View the Finding of Emergency, pdf.
  • March 22, 2004 -
    Court approves Settlement of claims against R.J. Reynolds and its marketing agent for distributing free cigarettes in violation of tobacco Master Settlement Agreement and California law. Court order requires payment of $60,000 to fund projects to support youth and young adult tobacco control advocacy in California.
    View the Stipulation for Order and Order for Entry of Final Judgment, pdf.
  • March 19, 2004 - Court of Appeal Publishes Decision Affirming Reynolds’ Violation of the Prohibition Against Youth Targeting. Decision First in the Nation Enforcing the Master Settlement Agreement’s Prohibition Against Youth Targeting.
    View the decision, pdf.
  • Press Release - February 19, 2004
    The Office of the Attorney General Praises New State Campaign to Combat Tobacco Sales to Children Cites His Office's Success in Curbing Retailer Sales, Fighting Industry Practices