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Protection from Second Hand Smoke

1. Smoke-free Workplaces, Restaurants & Bars: CA Labor Code 6404.05, adopted 1994, bar provision in 1998.

This State Law prohibits in enclosed workplaces, restaurants and bars.  Restaurants and bars must post No-Smoking signs and remove ashtrays.  For more information call (415) 581-2448.  To file a complaint about smoking in bars, call (415) 581-2447. Click here for a copy of the State law.

Enforcement: Department of Public Health, San Francisco.

2. Smoke-free Playgrounds and Tot Lots: California Health and Safety Code Section 104495/AB 188. adopted 01/01/02

This State Law prohibits the smoking of tobacco products within a playground or tot lot sandbox area. It also   prohibits the disposal of tobacco-related waste (cigarette butts) in these areas.

Enforcement: Department of Recreation and Park Patrol (415)753-7015

 3.  Smoke-free entrances of public buildings: California Government Code Sections 7596-7598, adopted 01/01/04

 This State Law prohibits smoking within 20 feet of main entrances, exits and operable windows of city, county and state buildings. For more information call (415) 581-2448.

Click here to send an e-mail request for free signs or call 415-581-2448.                        Click here for PDF of the law.        Click here for PDF of fact sheet on the law.

4. Smoke-free Parks: SF Health Code Article 19I, adopted 02/04/05                                             This local ordinance bans smoking in unenclosed areas under the jurisdiction of the City, including parks, squares, gardens, sport or playing fields.

      Enforcement: Department of Recreation and Park Patrol (415) 753-7015

5. Smoke-free Public Transit Stops: SF Health Code Amended Section 1009.22, adopted 04/10/2006                       This ordinance bans smoking at public transit stops and shelters.  For information call (415) 581-2448.

6.    Smoke-free Public Golf Courses: SF Health Code Amended Section1009.81, adopted 05/19/2006                 This ordinance bans smoking on public golf courses.  For information call (415) 753-7015.

Smokeless Tobacco

1.    Tobacco Free Park and Recreation Athletic Fields:  adopted 3/17/2005

The Recreation and Park Commission adopted a resolution to include a ban on the use of any tobacco product by youth or adult volunteers or members of the public participating in any Department of Recreation and Park permitted league.  For information call (415) 581 -2448

Advertising

1. Ban on tobacco Promotional Items in San Francisco Schools: adopted 1999

The Board of Education of the San Francisco Unified School District’s Dress Code prohibits the wearing and carrying of tobacco promotional items in the schools. For more information call: (415) 581-2448.

2.  Ban on Tobacco Companies Sponsoring Youth Sports Directly or Indirectly: adopted 3/17/2005

The Recreation and Park Commission adopted a resolution to include this ban as a provision in any athletic field permits issued by the Recreation and Park Commission. For information call: (415) 581-2448.

Stopping Illegal sales to minors

1. Requirement for permit for tobacco sales:   Health Code, Article 19H, adopted 11/07/2003

This ordinance requires that anyone who engages in or allows tobacco sales obtain a valid permit from the Department of Public Health. Permits must be renewed annually and permitted establishments must comply with tobacco control laws listed below as well as the California Smoke-Free Workplace Law to maintain their permit.

Enforcement: Department of Public Health (415) 252-3800.

2. a) Self-Service Display Ban: Police Code, Section 4600.3, adopted 11/27/96.

This San Francisco Ordinance went into effect on 12/27/96 and prohibits the self-service display of tobacco products except in places to which minors have no access. This means that tobacco products may not be openly displayed to the public (they must be in cabinets or racks inaccessible to the public or behind the counter). A self-service display is a rack, shelf or kiosk that holds tobacco products such as cigarettes or containers of chewing tobacco that the public has access to without a clerk’s help. For more information call (415) 581-2448.

Enforcement: Department of Consumer Assurance, San Francisco (415) 285-5012

2. b) Self-Service Display Ban: California Business & Professions Code, Section 22962/SB757 (STAKE Act)

This statewide law prohibits the sale or display of cigarettes through a self-service display.

Enforcement: Food & Drug Branch, California Department  of Health Services, call 1-800-5ASK4iD

3. Ban on Cigarette Vending Machines: SF Municipal Code, Sections 109, 1009.1 & 1009.2, adopted 01/24/97.

 This San Francisco ordinance bans cigarette vending machines in the city and county of San Francisco including vending machines located in places where minors are not permitted by law such as bars.  For more information call (415) 581-2448.

Enforcement: Department of Public Health (415) 252-3800.

4.  Illegal Sale of Tobacco to Minors: State of California, Penal Code 308, passed in 1891. 

PC 308a is a state law that prohibits retailers from selling tobacco products to persons under 18 years of age.  This includes the sale of cigarette papers and paraphernalia that is designed for the use of tobacco or any controlled substance.

Enforcement of PC 308a: call (415) 970-3086

To report sales to minors call: 1-800-527-5443

PC 308b, adopted in 1997, fines persons under the age of 18 for possession of tobacco.  Citations are made to the SF Juvenile Traffic Court and youth are given three options: pay $211 fine, complete 12 hours of community work or write a research paper about tobacco industry targeting. 

5. a) Free Distribution of Tobacco Products: Police Code Section 95, adopted 06/29/88

This San Francisco ordinance makes it illegal to give away free samples of tobacco products in public areas.  This includes coupons or other materials that can be turned in for free tobacco products.

Enforcement: District Police Station

5. b) Ban on Free Distribution of Tobacco Products: California Health and Safety Code, Section 118950/SB757

This State Law prohibits the distribution of free or low-cost tobacco products, coupons, coupon offers, and rebate offers on public grounds, and on private grounds that are open to the public.

Enforcement: San Francisco Police Department (415) 970-3086

 6. Ban on sales of single cigarettes: Penal Code Sec. 308.2, adopted 1991

 It is illegal to sell one or more cigarettes except in the manufacturer’s package, sealed and properly labeled under federal labeling requirements.  For more information call (415) 581-2448.

 Enforcement: San Francisco Police Department (415) 970-3086 

7. Restrictions regarding the sale of “Bidi” cigarettes: California Penal Code Section 308.1/SB322, adopted 01/01/02

Prohibits the sale, distribution, or importation of “Bidis” with the exception of businesses that prohibit minors. 

Enforcement: San Francisco Police Department (415) 970-3086

8. Minimum Package Size: California Penal Code, Section 308.3, adopted 01/01/02

This State Law states that cigarettes may not be manufactured, distributed, sold, or offered for sale in packages of less than 20 cigarettes.  Roll-your-own tobacco may not be manufactured, distributed, sold or offered for sale in a package containing less than 0.60 ounces of tobacco.

Enforcement: San Francisco Police Department (415) 970-3086