Legislative Update Masthead
April 15, 2010

FDA Tobacco Rules

Effective June 22, 2010

On March 19, 2010, the FDA issued a proposed final rule to become effective

June 22, 2010.  Below is a brief overview on the impact to retailers:

 

  • Prohibits the sale of cigarettes or smokeless tobacco to anyone under 18 (if the minimum age in your State is more than 18, you must comply with the State age requirement)
  • Prohibits the sale of single cigarettes or packs with fewer than 20 cigarettes
  • Limits tobacco product sales to direct, face-to-face exchanges (mail order is an exception; self-checkout tobacco sales will be illegal)
  • Vending machines and self-service displays are prohibited except in places where nobody under 18 is allowed to enter
  • Prohibits the sale or distribution of items such as hats and t-shirts with tobacco brand names or logos.  
  • Go to CIGA's website www.ciga.org for Q&A provided by NACS (the National Association of Convenience Stores) and a list of penalty violations.
 

Governor Signs Lottery Bill
On April 8, 2010, Governor Schwarzenegger signed AB 142 (Chapter 13, Revised Statutes of 2010) which takes affect immediately.  This CIGA-SUPPORTED measure changes the allocation of Lottery income, increasing to 87% (from the current 84%) of the total annual revenues of the lottery be returned to the public, with not less than 50% of those revenues returned to the public in the form of prizes.  The percentage returned in the form of prizes will now be determined by the Lottery Commission.  The percentage of total annual revenue allocated for lottery administrative expenses is reduced from the current 16% to 13%.

Under the Dome
Several bills from 2009 were carried over into the Second Session of the Legislature, and other bills have been introduced in 2010.  The following are some of the bills in which CIGA is engaged:

AB 1694 (Beall-D-San Jose)
This bill will impose fees equivalent to excise taxes of 640% on the sale of wine, 267% on beer, and 129% on distilled spirits in order to fund new alcohol-related government programs.  This measure failed passage in the Assembly Committee on Health, but was granted "reconsideration" (may be voted on one more time in Committee.  CIGA OPPOSES.
 
AB 1998 (Brownley-D-Santa Monica)
This bill was amended April 5, 2010.  It now prohibits grocery stores and pharmacies from providing single-use plastic or paper carryout bags to customers.  The bill passed out of the Assembly Committee on Natural Resources.  It will next be heard in the Assembly Committee on Appropriations.  CIGA OPPOSES.

AB 2718 (Adams-R-Hesperia)
This measure requires the Department of Resources Recycling and Recovery to provide incentives and assistance to reduce the number of unserved convenience zones.  It also exempts a retailer, until December 31, 2011, from the requirement to redeem beverage containers in the store.  It provides that if a retailer wishes to redeem beverage containers "in-store", the retailer may be qualified to receive handling fees, refund values, administrative costs and processing payments.  This measure passed out of the Assembly Committee on Natural Resources and will be heard in Assembly Committee on Appropriations. CIGA SUPPORTS this important legislation.

Sacramento County

The Sacramento County Environmental Management Department and the Business Environment Resource Center are conducting a FREE Food Industry Workshop on April 26, 2010.  There will be two separate sessions, the first being 9 AM to 12 PM, and the second from 1:30 PM to 4:30 PM.  The workshops will provide important information on the new Food Safety Laws of 2010, Trans Fat ban, Service Animals and Food Facilities, Sacramento Metropolitan Air Quality Management District Refrigerant Requirements, and SMUD Energy Saving Rebates and Loans.  The Workshops will be conducted at:

 

                                Sacramento County EMD

                                10590 Armstrong Avenue

                                Mather, CA  95655 (Old Mather Air Force Base)

 

For more information, or to reserve seats, please call Sacramento EMD not later than April 19, 2010 at (916) 875-8440.


FMI 2010

 


Education: May 10 - 13, 2010

Exhibit Floor: May 11 - 13, 2010
Mandalay Bay Convention Center
Las Vegas, Nevada

Discover more than 400 exhibiting companies showcasing new products, service and solutions at this food industry event.

If you have questions please contact:

John Handley, Government Relations Director
jhandley@ciga.org
(916) 929-9741 ~ (800) 852-7606

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