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[Smokeless Tobacco Warnings]

SF-HEALTH art. 5, pt. [Smokeless Tobacco Warnings]
in effect

SF Health Code § 264 POLICY.

SEC. 264. POLICY. It is the policy of the City and County of San Francisco to require every person who sells smokeless tobacco to post a conspicuous warning at the point of retail sale as to the addictive and possible cancer-causing nature of smokeless tobacco, the illegality of, and the punishment for selling, giving, or in any way furnishing smokeless tobacco, or any other tobacco product or paraphernalia, to another person who is under the age of 18 years. (Added by Ord. 329-87, App. 7/31/87)

SF Health Code § 264.1 FINDINGS.

SEC. 264.1. FINDINGS. Scientific evidence has shown that use of smokeless tobacco is causally related to oral cancer with the risk of developing such cancers being four times as great among snuff users than nonusers. Smokeless tobacco has been shown to contain nicotine which is a dependence-producing drug that frequently results in addictive behavior. Scientific evidence has shown that smokeless tobacco has been associated with a number of oral problems including gingivitis, gingival recession, tooth abrasion and caries. The use of smokeless tobacco has increased substantially in recent years particularly among adolescent males, and is highly prevalent among certain population groups. Users generally are unaware of the possible harmful effects associated with using smokeless tobacco. Therefore, the Board of Supervisors declares that it is in the public interest to require every person who sells smokeless tobacco to post a conspicuous warning at the point of retail sale as to the addictive and possible cancer-causing nature of smokeless tobacco, the illegality of, and the punishment for selling, giving or in any way furnishing smokeless tobacco, or any other tobacco product or paraphernalia, to another person who is under 18 years. (Added by Ord. 329-87, App. 7/31/87)

SF Health Code § 264.2 DEFINITIONS.

SEC. 264.2. DEFINITIONS. (a) "Chewing tobacco" shall mean any leaf tobacco that is not intended to be smoked. (b) "Person" shall mean an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision thereof. (c) "Smokeless tobacco" shall mean any finely cut, ground, powdered, or leaf tobacco that is not intended to be smoked. (d) "Snuff" shall mean any finely cut, ground, or powdered tobacco that is not intended to be smoked. (Added by Ord. 329-87, App. 7/31/87)

SF Health Code § 264.3 SMOKELESS TOBACCO WARNINGS.

SEC. 264.3. SMOKELESS TOBACCO WARNINGS. Every person who sells, offers for sale, or keeps for sale, smokeless tobacco shall post at the point of retail sale, that is a place within close proximity of the shelves or other area where smokeless tobacco is displayed for consumer purchase, a conspicuous warning sign as provided in this section. Such sign shall be not less than eight inches by 11 inches in size and shall be printed on a contrasting background and in a legible manner, conveying the following warning: "WARNING: SMOKELESS TOBACCO IS NOT A SAFE ALTERNATIVE TO CIGARETTES. IT IS ILLEGAL TO SELL, GIVE, OR IN ANY WAY FURNISH SMOKELESS TOBACCO, OR ANY OTHER TOBACCO PRODUCT, OR PARAPHERNALIA, TO A PERSON UNDER THE AGE OF 18 YEARS. A VIOLATION OF THIS LAW IS A MISDEMEANOR." The word "warning" shall be in a print of 84-point height and Helvetica type and the remainder of the text in a print of 24-point height and in Helvetica medium-face, Futura medium-face or Universe 65 type. (Added by Ord. 329-87, App. 7/31/87)

SF Health Code § 264.4 PENALTIES AND ENFORCEMENT.

SEC. 264.4. PENALTIES AND ENFORCEMENT. (a) The Director of Health shall enforce Section 264.3 against violations by serving notice requiring the correction of any violation within a reasonable time specified by the Director. Upon failure to comply with the notice within the time period specified, the Director shall call upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 264.3, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation. (b) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with, or resists, or opposes the execution of Section 264.3, shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco, by the City Attorney, in any court of competent jurisdiction. Any penalty assessed and recovered in a civil action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco. (c) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with, or who resists, or opposes the execution of any of the provisions of Section 264.3, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment, not exceeding six months, or by both such fine and imprisonment, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue. (d) For a second or subsequent violation, any local retail business license of the business facility where the offense occurred shall be revoked by the licensing agency until the violator complies with Section 264.3. (Added by Ord. 329-87, App. 7/31/87)
Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_health/0-0-0-6577Fetched: 11/1/2026

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