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Note: In April 2021, FDA announced its plans to propose tobacco product standards within the next year to ban menthol as a characterizing flavor in cigarettes and ban all characterizing flavors (including menthol) in cigars.
These laws are designed to make regulated tobacco products less accessible and less attractive to youth. Every day, nearly 1,500 kids smoke their first cigarette and about 200 kids become daily cigarette smokers.7 Additionally, the CDC and FDA found that in 2020, 19.6 percent of high school students currently used e-cigarettes.8 Many of these children will become addicted before they are old enough to understand the risks. As a retailer, you play an important role in protecting children and adolescents by complying with the law and regulations.
*Exxon Mobil Rewards+ is a rewards program available at participating Exxon- and Mobil-branded service stations. Terms and conditions apply. You must fully enroll to become a member and use points. See exxonmobilrewardsplus.com to complete enrollment. Points have no monetary value and expire after 1 year. You cannot earn Exxon Mobil Rewards+ points for: tobacco, lottery, cash back, gift cards, money order, membership/loyalty, financial prepaid cards, aviation and marine fuels, milk (Pennsylvania, Maine, and Massachusetts) and on negative transactions, fees, miscellaneous prepaid products and tax. In some states, points cannot be earned or redeemed on alcohol purchases. Though you cannot earn points on gift card purchases, taxes or miscellaneous prepaid cards, you can redeem points for these items.
In accordance with the California Cigarette and Tobacco Products Licensing Act of 2003 (Act), every retailer who sells or will sell cigarettes or tobacco products in California is required to obtain a cigarette and tobacco retailer's license from the California Department of Tax and Fee Administration (CDTFA) and renew it annually. This licensing requirement is in addition to other permits and licenses that may be required depending on your business operations. A valid cigarette and tobacco retailer's license is required before you begin making sales of cigarettes and tobacco products in California.
Examples include, but are not limited to, electronic cigarettes, atomizers, vaping tanks or mods, and eLiquid or eJuice. A tobacco product does not include a product that the U.S. Food and Drug Administration has approved as a cessation product or for other therapeutic purposes (e.g., nicotine patches).
Every cigarette and tobacco products retailer that sells cigarettes or tobacco products, which include, any product containing, made, or derived from nicotine that is intended for human consumption; any electronic smoking or vaping device that delivers nicotine or other vaporized liquids; or any component, part, or accessory of a tobacco product, whether or not sold separately, must apply for and obtain a cigarette and tobacco products retailer's license prior to making retail sales. All new applications must be submitted with a license fee payment for each retail location. Each retail location must have a separate license for that location. A cigarette and tobacco retail license is valid for a 12-month period, is not assignable or transferable, and must be renewed annually. If you add another retail location, your license will be renewed for that location based on a 12-month period. This 12-month period would begin in the month you obtained your license for your first retail location. See our rates page for the current license fee amount.
Beginning January 1, 2017, you will be required to pay an annual renewal fee for each retail location (Business and Professions Code sections 22972 (d), 22973 (e), and 22973.3 (e)). If you fail to renew your license(s) timely, your license(s) will expire. Please remember that you may not sell cigarettes or tobacco products, including, any product containing, made, or derived from nicotine that is intended for human consumption; any electronic smoking or vaping device that delivers nicotine or other vaporized liquids; or any component, part, or accessory of a tobacco product, whether or not sold separately, without a valid Cigarette and Tobacco Products Retailer License.
The law also adds recordkeeping requirements and other provisions related to your purchase of cigarettes and tobacco products. Your cigarette and tobacco product purchase invoices must meet certain legal requirements.
Cigarette and tobacco products retailers should also be aware that it is illegal to sell cigarettes and roll-your-own products that are not listed on the Attorney General's California Tobacco Directory. Please remember to refer to the California Tobacco Directory for a list of manufacturers and brand families that are certified as being in compliance with California law. Please refer to the Attorney General's Directory. This requirement does not apply to products that were recently added to the definition of a tobacco product for licensing purposes such as electronic cigarettes, atomizers, vaping tanks or mods and eLiquid or eJuice.
You must maintain accurate and complete records, including purchase invoices. Failure to do so is a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000), or imprisonment not to exceed one year in a county jail, or both. This requirement does not apply to products such as electronic cigarettes, atomizer, vaping tanks or mods and eLiquid or eJuice.
As a cigarette and tobacco products retailer, it is illegal for you to purchase cigarettes from a manufacturer, importer, distributor, wholesaler, or any other person who is not licensed pursuant to this Act, or whose license has been suspended or revoked. Doing so could result in suspension or revocation of your license, fines, seizure of the products, and/or imprisonment. If a retailer purchases tobacco products from an unlicensed person located out of state, the retailer then becomes responsible for the excise tax and must register with the CDTFA as a distributor (see information above regarding the need to have more than one business license). These requirements do not apply to products such as electronic cigarettes, atomizers, vaping tanks or mods, and eLiquid or eJuice.
The Investigations Division of the CDTFA may issue citations to a licensee that is not in compliance with the provisions of the Act or the Cigarette and Tobacco Products Tax Law. Two types of citations may be issued: civil citations and criminal citations. The criminal citation is a Notice to Appear in court. Both types of citations are subject to civil penalties.
The undersigned certify that, as of June 18, 2021, the internet website of the California Department of Tax and Fee Administration is designed, developed and maintained to be in compliance with California Government Code Sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.1, Level AA success criteria, published by the Web Accessibility Initiative of the World Wide Web Consortium.
Beginning July 1, 2022, electronic cigarette retailers are required to collect from the purchaser at the time of sale, a California Electronic Cigarette Excise Tax (CECET) at the rate of 12.5 percent of the retail selling price of electronic cigarettes containing or sold with nicotine. Senate Bill (SB) 395 (Stats. 2021, ch. 489) enacted the Healthy Outcomes and Prevention Education (HOPE) Act, which imposes the CECET.
Beginning July 1, 2022, if you are a retailer of electronic cigarettes containing or sold with nicotine, you must have a CECET permit (account), collect the CECET from the purchaser, file a CECET return electronically, and pay the tax to California Department of Tax and Fee Administration (CDTFA). The collection of the CECET is in addition to the sales and use tax.
In addition to the HOPE Act, we administer other cigarette and tobacco products laws affecting retailers of electronic cigarettes containing or sold with nicotine. Retailers of electronic cigarettes containing or sold with nicotine also have responsibilities under the Cigarette and Tobacco Products Licensing Act of 2003. For more information, see our Tax Guide for Cigarettes and Tobacco Products
For more information about cigarettes and tobacco products tax and licensing and the PACT Act, please see our Tax Guide for Cigarettes and Tobacco Products and California Cigarette and Tobacco Products Licensing Act of 2003-Retailer License webpage.
If you responded to our questions regarding your business activities when you registered or renewed your CRL by indicating that you sell electronic cigarettes and nicotine products, we will register you with a CECET account by July 1, 2022. We will notify you by mail of your new CECET account. However, if you indicated that you do not sell electronic cigarettes and nicotine products when you registered or renewed your CRL, we will not register you with a CECET account.
Beginning July 1, 2022, if you intend to sell electronic cigarettes containing or sold with nicotine, and your CRL is not yet due for renewal, you must register online with us for a CECET account prior to engaging in sales of electronic cigarettes containing or sold with nicotine. During the online registration process, you will be prompted to answer questions regarding your business activities, and you will need to indicate that you intend to sell electronic cigarettes containing or sold with nicotine to register for a CECET account.
Beginning June 1, 2022, when you renew your CRL, you will be prompted to answer additional questions regarding your business activities. During the online renewal process, you will be able to indicate if you sell or intend to sell electronic cigarettes containing or sold with nicotine. Based on your responses, our system will determine whether you need a CECET account.
If you have multiple Cigarette and Tobacco Products Retailer License (CRL) locations that sell electronic cigarettes containing or sold with nicotine, only one CECET account is issued for reporting all your CRL locations. The total sales of the electronic cigarettes containing or sold with nicotine for all CRL locations will be reported on one CECET return. For example, if you have five CRL locations that all sell electronic cigarettes containing or sold with nicotine, you will report all five locations on your one CECET account. 781b155fdc