Restrictions on using and selling tobacco products in San Francisco

Age restrictions

You must be 21 years old to use tobacco products. There are no local exceptions to this state law. Learn more about the local law.

Location restrictions

You may not smoke, vape, or use smokeless tobacco in:

• Bars and restaurants
• Shared areas of apartments and hotels
• Tobacco shops
• Athletic venues

Complain about smoking where it is not allowed.

You must have a permit to sell tobacco products.

Customers

Check customer’s ID to make sure they are over 21 years old.

Products you can sell

Unflavored tobacco

You can sell tobacco products with "unflavored" or "unsweetened" on the label.

E-cigarettes without nicotine

You can sell e-cigarette devices or accessories if you do not sell it with any liquid or substance containing nicotine. For example, you can sell e-cigarette accessories such as batteries, chargers, and cases.

Products you cannot sell

Flavored tobacco

You cannot sell flavored tobacco products. Check the packaging for descriptive words like:

• Alcohol beverage flavors
• Candy
• Chocolate
• Clove
• Cocoa
• Dessert
• Fruit flavors
• Herb
• Honey
• Menthol
• Mint
• Spice
• Sweet/sweetened
• Vanilla
• Wintergreen

There are no local exceptions to this state law. Learn more about the restriction on flavored tobacco in San Francisco Health Code, Article 19Q.

E-cigarettes or nicotine for e-cigarettes

You cannot sell a liquid or substance containing nicotine, by itself or with a device. Examples include:

• Nicotine pod
• E-liquid
• Vape starter kit with nicotine (sold together under a single price)

Learn what products you can sell in San Francisco from the FDA's Tobacco Product Marketing Orders. Learn more about the law restricting e-cigarette sales.

Post signs

You must post these signs in your establishment in a place for everyone to see:

• Blue local 21 sign (post by register)
• Red state 21 sign (post by register)
• Indoor “No Smoking” sign (post somewhere inside)
• Outdoor “No Smoking” sign (post directly outside of entrance)

Request signs from your district inspectors or the San Francisco Tobacco Free Project.