wa-law.org > bill > 2025-26 > HB 2439 > Original Bill
The definitions set forth in RCW 82.24.010 apply to this chapter. In addition, for the purposes of this chapter, unless otherwise required by the context:
"Board" means the Washington state liquor and cannabis board.
"Internet" means any computer network, telephonic network, or other electronic network.
"Licensee" means a person licensed as a vapor product retailer, vapor product delivery seller, cigarette retailer, or tobacco product retailer.
"Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.
"Sampling" means the distribution of samples to members of the public.
"Tobacco product" means a product that contains tobacco and is intended for human use, including any product defined in RCW 82.24.010(2) or 82.26.010(21), except that for the purposes of RCW 70.155.140 only, "tobacco product" does not include cigars defined in RCW 82.26.010 as to which 1,000 units weigh more than three pounds.
"Vapor product" has the same meaning as defined in RCW 70.345.010.
The board must develop rules concerning the adoption and administration of a compliance training program for vapor product retailers, vapor product delivery sellers, cigarette retailers, and tobacco product retailers to be known as a responsible vendor program, to reduce underage consumption of vapor products, cigarettes, and tobacco products, encourage licensees to adopt specific best practices to prevent sales to persons under age 21, and provide licensees with an incentive to give their employees ongoing training in responsible sales.
Licensees who join the responsible vendor program under this section and maintain all the program's requirements are subject to a 50 percent reduction of a monetary penalty for a single violation in any period of 12 calendar months.
The responsible vendor program must be free, voluntary, and self-monitoring.
To participate in the responsible vendor program, licensees must submit an application form to the board. If the application establishes that the licensee meets the qualifications to join the program, the board must send the licensee a membership certificate.
A licensee participating in the responsible vendor program must, at a minimum:
Provide ongoing training to employees;
Accept only certain forms of identification for sales of vapor products, cigarettes, and tobacco products;
Adopt policies on sales of vapor products, cigarettes, and tobacco products and checking identification;
Post specific signs in the business; and
Keep records verifying compliance with the program's requirements.
Vapor product retailers, vapor product delivery sellers, cigarette retailers, and tobacco product retailers may voluntarily participate in the board's responsible vendor program under section 1 of this act.
In accordance with sections 1 and 2 of this act, vapor product retailers and vapor product delivery sellers may voluntarily participate in the board's responsible vendor program in section 1 of this act.
A retailer may obtain tobacco products only from a licensed distributor. A retailer that obtains tobacco products from a person that is not licensed under this chapter, including directly from a manufacturer, must be licensed both as a retailer and a distributor under this chapter and is liable for the tax imposed under RCW 82.26.020 with respect to the tobacco products acquired from the unlicensed person that are held for sale, handling, or distribution in this state. For the purposes of this subsection, "person" includes both persons defined in RCW 82.26.010 and any person immune from state taxation, such as the United States or its instrumentalities, and federally recognized Indian tribes and enrolled tribal members, conducting business within Indian country. Tobacco products offered for sale in violation of this subsection are contraband and subject to seizure in accordance with RCW 82.26.230.
Every distributor licensed under this chapter must sell tobacco products to retailers located in Washington only if the retailer has a current retailer's license under this chapter.
Any tobacco products in the possession of a person selling tobacco products in this state acting as a distributor or retailer and who is not licensed as required under RCW 82.26.190, or a person who is selling tobacco products in violation of RCW 82.26.200 or 82.26.220(6), may be seized without a warrant by any agent of the department, agent of the board, or law enforcement officer of this state. Any tobacco products seized under this subsection shall be deemed forfeited.
Any tobacco products in the possession of a person who is not a licensed distributor or retailer and who transports tobacco products for sale without having provided notice to the board required under RCW 82.26.140, or without invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of tobacco products being transported may be seized and are subject to forfeiture.
All conveyances, including aircraft, vehicles, or vessels that are used, or intended for use to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of tobacco products under subsection (2) of this section, may be seized and are subject to forfeiture except:
A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the tobacco products transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner establishes to have been committed or omitted without his or her knowledge or consent; or
A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.
Property subject to forfeiture under subsections (2) and (3) of this section may be seized by any agent of the department, the board, or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:
The seizure is incident to an arrest or a search warrant or an inspection under an administrative inspection warrant; or
The department, board, or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.
This section shall not be construed to require the seizure of tobacco products if the department's agent, board's agent, or law enforcement officer reasonably believes that the tobacco products are possessed for personal consumption by the person in possession of the tobacco products.
Any tobacco products seized by a law enforcement officer shall be turned over to the board as soon as practicable.
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No person may engage in or conduct business as a retailer, distributor, or delivery seller in this state without a valid license issued under this chapter, except as otherwise provided by law. Any person who sells vapor products to ultimate consumers by a means other than delivery sales must obtain a retailer's license under this chapter. Any person who meets the definition of distributor under this chapter must obtain a distributor's license under this chapter. Any person who conducts delivery sales of vapor products must obtain a delivery sale license.
A violation of this subsection is punishable as a class C felony according to chapter 9A.20 RCW.
A retailer may obtain vapor products only from a licensed distributor. A retailer that obtains vapor products from any person that is not licensed under this chapter, including directly from a manufacturer, must be licensed both as a retailer and a distributor under this chapter. Vapor products offered for sale in violation of this subsection are contraband and subject to seizure in accordance with RCW 82.25.090.
No person engaged in or conducting business as a retailer, distributor, or delivery seller in this state may refuse to allow the enforcement officers of the board, on demand, to make full inspection of any place of business or vehicle where any of the vapor products regulated under this chapter are sold, stored, transported, or handled, or otherwise hinder or prevent such inspection. A person who violates this subsection is guilty of a gross misdemeanor.
Any person licensed under this chapter as a distributor, any person licensed under this chapter as a retailer, and any person licensed under this chapter as a delivery seller may not operate in any other capacity unless the additional appropriate license is first secured, except as otherwise provided by law. A violation of this subsection is a misdemeanor.
No person engaged in or conducting business as a retailer, distributor, or delivery seller in this state may sell or give, or permit to sell or give, a product that contains any amount of any cannabinoid, synthetic cannabinoid, cathinone, or methcathinone, unless otherwise provided by law. A violation of this subsection is punishable according to RCW 69.50.401.
The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
Any vapor products in the possession of a person selling vapor products in this state acting as a distributor or retailer and who is not licensed as required under chapter 70.345 RCW, or a person who is selling vapor products in violation of RCW 70.345.030 or 82.24.550(6), may be seized without a warrant by any agent of the department, agent of the board, or law enforcement officer of this state. Any vapor products seized under this subsection are deemed forfeited.
Any vapor products in the possession of a person who is not a licensed distributor, delivery seller, manufacturer's representative, or retailer and who transports vapor products for sale without having provided notice to the board required under RCW 82.25.065, or without invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of vapor products being transported may be seized and are subject to forfeiture.
All conveyances, including aircraft, vehicles, or vessels that are used, or intended for use to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of vapor products under subsection (2) of this section, may be seized and are subject to forfeiture except:
A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the vapor products transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner establishes to have been committed or omitted without his or her knowledge or consent; or
A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.
Property subject to forfeiture under subsections (2) and (3) of this section may be seized by any agent of the department, the board, or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:
The seizure is incident to an arrest or a search warrant or an inspection under an administrative inspection warrant; or
The department, board, or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.
This section may not be construed to require the seizure of vapor products if the department's agent, board's agent, or law enforcement officer reasonably believes that the vapor products are possessed for personal consumption by the person in possession of the vapor products.
Any vapor products seized by a law enforcement officer must be turned over to the board as soon as practicable.
This section does not apply to a motor carrier or freight forwarder as defined in Title 49 U.S.C. Sec. 13102 or an air carrier as defined in Title 49 U.S.C. Sec. 40102.
A fee of $175 must accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates. A fee of 30 additional dollars for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine. An additional fee of $93 must accompany each application or renewal for a license issued to a retail dealer operating a cigarette-making machine.
A retailer applying for, or renewing, both a retailer's license under RCW 82.24.510 and a vapor products retailer's license under RCW 70.345.020 may pay a combined application fee of $250 for both licenses.
A retailer may obtain cigarettes only from a licensed wholesaler. A retailer that obtains cigarettes from any person that is not licensed under this chapter, including directly from a manufacturer, must be licensed both as a retailer and a wholesaler under this chapter. Cigarettes offered for sale in violation of this subsection are contraband and subject to seizure in accordance with RCW 82.24.130.
The following are subject to seizure and forfeiture:
Subject to RCW 82.24.250, any articles taxed in this chapter that are found at any point within this state, which articles are held, owned, or possessed by any person, and that do not have the stamps affixed to the packages or containers; any container or package of cigarettes possessed or held for sale that does not comply with this chapter; and any container or package of cigarettes that is manufactured, sold, or possessed in violation of RCW 82.24.570.
All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:
A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner thereof establishes to have been committed or omitted without his or her knowledge or consent;
A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.
Any vending machine or commercial cigarette-making machine used for the purpose of violating the provisions of this chapter.
Any cigarettes that are stamped, sold, imported, or offered or possessed for sale in this state in violation of RCW 70.158.030(3). For the purposes of this subsection (1)(d), "cigarettes" has the meaning as provided in RCW 70.158.020(3).
Any cigarettes sold in violation of RCW 82.24.530.
Property subject to forfeiture under this chapter may be seized by any agent of the department authorized to collect taxes, any enforcement officer of the board, or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:
The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; or
The department, the board, or the law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.
Notwithstanding the foregoing provisions of this section, articles taxed in this chapter which are in the possession of a wholesaler, licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, are not considered contraband unless they are manufactured, sold, or possessed in violation of RCW 82.24.570.
Each manufacturer of vapor products containing nicotine that are sold at retail in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, must be certified as provided in this section.
An application for a certification under this section must be made on a form and in a manner prescribed by the board. The application must include:
The name and address of the applicant or, if the applicant is a firm, partnership, limited liability company, or association, the name and address of each of its members or, if the applicant is a corporation, the name and address of each of its officers and the address of its principal place of business;
The location of the principal place of business to be licensed;
If applicable, a copy of the prevent all cigarette trafficking act registration form (ATF Form 5070.1) as submitted by the applicant to the bureau of alcohol, tobacco, firearms and explosives of the United States department of justice, and an attestation that the applicant is in compliance with, and will continue to comply with, all applicable requirements of 15 U.S.C. Secs. 375 and 376, as they exist on the effective date of this section;
An attestation that the applicant will comply with all applicable laws of Washington state and of the applicant's principal place of business;
For an applicant with a principal place of business outside the United States, a declaration, in a form prescribed by the board, from each of its importers into the United States of any of its brands to be sold in the state of Washington, that the importer accepts joint and several liability with the applicant for all liability imposed in accordance with chapter 82.25 RCW, including any fees, costs, attorneys' fees, and penalties imposed under chapter 82.25 RCW;
An attestation that the applicant's products fully comply with the requirements of the United States customs and border protection agency, including accurate entry summary forms (CPB Form 7501), and that the applicant is not in violation of 18 U.S.C. Sec. 541, 542, or 545, as they exist on the effective date of this section;
A list of each type or model of vapor product containing nicotine that is sold in this state; and
Such other information as the board may require for the purpose of administering this chapter or chapter 82.25 RCW.
Each application for certification must be accompanied by a payment of a $1,000 fee for each type or model of vapor product containing nicotine the first time an annual certification form is delivered to the board and a payment of a $500 fee for each type or model of vapor product containing nicotine the second and each subsequent time an annual certification form is delivered to the board.
A manufacturer may not cause to be sold at retail in this state any type or model of vapor product containing nicotine not included in the application under this section without first:
Filing an amended certification form in a form and manner prescribed by the board; and
Paying the appropriate fee under subsection (3) of this section.
Upon receipt of an application in proper form and payment of the fee, the board shall issue a certification to the applicant, except as provided in subsection (7) of this section. A certification is not assignable, is valid only for the person in whose name it is issued, and is continuously valid unless suspended, canceled, or revoked by the board.
A manufacturer who is certified under this section shall have established sufficient contact with this state for the exercise of personal jurisdiction over the manufacturer in any matter or issue arising under this chapter or chapter 82.25 RCW.
After notice and an opportunity for a hearing, the board may suspend, cancel, or revoke any certification for a violation of this chapter, chapter 82.25 RCW, or a rule of the board.
The board may adopt rules to implement this section and sections 12 and 13 of this act.
Any nonresident or foreign manufacturer that has not registered to do business in the state as a foreign corporation or business entity must, as a condition precedent to being certified under section 11 of this act, submit to the board a surety bond or other cash security payable to the state of Washington in the amount of $25,000. The bond must be posted by a corporate surety located within the United States.
The bond under subsection (1) of this section must be conditioned on the performance by the manufacturer of all requirements and obligations imposed by this section. A surety on a manufacturer's bond is liable up to the amount of the bond and the state may execute on the surety bond for the payment of fines and penalties imposed on the manufacturer under this chapter and for the costs of seizure and destruction of products sold in violation of this chapter or chapter 82.25 RCW. If the state executes on the surety bond, it may require the manufacturer to provide an additional bond as a condition precedent for the manufacturer to remain certified.
A surety on a bond furnished by a manufacturer as provided in this section must be released and discharged from liability to the state accruing on the bond after 60 days from the date upon which the surety has filed with the board a written request to be released and discharged. This subsection does not operate to relieve, release, or discharge the surety from liability already accrued or that accrues before the expiration of the 60-day period. The board must, upon receiving a request under this subsection, notify the manufacturer who furnished the bond. The board must revoke the certification of a manufacturer unless the manufacturer files a new bond with the board before the expiration of the 60-day period, with the surety approved by and acceptable to the board.
Any nonresident manufacturer of vapor products containing nicotine that has not registered to do business in the state of Washington as a foreign corporation or business entity shall, as a condition precedent to being certified under section 11 of this act, appoint and continually engage without interruption the services of an agent in the state of Washington to act as agent for the service of process on whom all process, and any action or proceeding against such manufacturer concerning or arising out of the enforcement of this chapter or chapter 82.25 RCW, may be served in any manner authorized by law.
The manufacturer must provide notice to the board at least 30 calendar days prior to the termination of the authority of an agent and shall further provide proof to the satisfaction of the board of the appointment of a new agent no less than five calendar days before the termination of an existing agent appointment. If an agent terminates an agency appointment, the manufacturer must notify the board of the termination within five calendar days and must include proof to the satisfaction of the board of a new agent.
Every manufacturer of vapor products required to be certified under section 11 of this act and every distributor must keep at each place of business complete and accurate records for that place of business, including itemized invoices, of vapor products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of vapor products made.
These records must show the names and addresses of purchasers, the inventory of all vapor products, and other pertinent papers and documents relating to the purchase, sale, or disposition of vapor products. All invoices and other records required by this section to be kept must be preserved for a period of five years from the date of the invoices or other documents or the date of the entries appearing in the records.
At any time during usual business hours the department, board, or its duly authorized agents or employees may enter any place of business of a manufacturer required to be certified under section 11 of this act or a distributor, without a search warrant, and inspect the premises, the records required to be kept under this chapter, and the vapor products contained therein, to determine whether or not all the provisions of this chapter and section 11 of this act are being fully complied with. If the department, board, or any of its agents or employees are denied free access or are hindered or interfered with in making such examination, the manufacturer's certification or the registration certificate issued under RCW 82.32.030 of the distributor at such premises are subject to revocation by the department, and any licenses issued under chapter 70.345, 82.26, or 82.24 RCW are subject to suspension or revocation by the board.
Every person required to be licensed under chapter 70.345 RCW, or certified under section 11 of this act, who sells vapor products to persons other than the ultimate consumer must render with each sale itemized invoices showing the seller's name and address, the purchaser's name and address, the date of sale, and all prices. The person must preserve legible copies of all such invoices for five years from the date of sale.
The department may by rule establish the invoice detail required under RCW 82.25.030 for a distributor or manufacturer and for those invoices required to be provided to retailers under RCW 82.25.040.
If a retailer fails to keep invoices as required under RCW 82.25.040, the retailer is liable for the tax owed on any uninvoiced vapor products but not penalties and interest, except as provided in subsection (3) of this section.
If the department finds that the nonpayment of tax by the retailer was willful or if in the case of a second or plural nonpayment of tax by the retailer, penalties and interest must be assessed in accordance with chapter 82.32 RCW.
The board must compile and maintain a current record of the names of all distributors, retailers, and delivery sales licenses under chapter 70.345 RCW and the status of their license or licenses and of the names of all manufacturers certified under section 11 of this act. The information must be updated on a monthly basis and published on the board's official internet website. This information is not subject to the confidentiality provisions of RCW 82.32.330 and must be disclosed to manufacturers, distributors, retailers, and the general public upon request.
No person engaged in or conducting business as a distributor or retailer in this state or as a manufacturer required to be certified under section 11 of this act may:
Make, use, or present or exhibit to the department or the board any invoice for any of the vapor products taxed under this chapter that bears an untrue date or falsely states the nature or quantity of the goods invoiced; or
Fail to produce on demand of the department or the board all invoices of all the vapor products taxed under this chapter within five years prior to such demand unless the person can show by satisfactory proof that the nonproduction of the invoices was due to causes beyond the person's control.
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No person, other than a licensed distributor, retailer or delivery sales licensee, or manufacturer's representative, may transport vapor products for sale in this state for which the taxes imposed under this chapter have not been paid unless:
Notice of the transportation has been given as required under RCW 82.25.065;
The person transporting the vapor products actually possesses invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of vapor products being transported; and
The vapor products are consigned to or purchased by a person in this state who is licensed under chapter 70.345 RCW.
A violation of this subsection (2) is a gross misdemeanor.
Any person licensed under chapter 70.345 RCW as a distributor, and any person licensed under chapter 70.345 RCW as a retailer, may not operate in any other capacity unless the additional appropriate license is first secured, except as otherwise provided by law. A violation of this subsection (3) is a misdemeanor.
The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
This section does not apply to a motor carrier or freight forwarder as defined in Title 49 U.S.C. Sec. 13102 or an air carrier as defined in Title 49 U.S.C. Sec. 40102.
The department of ecology, in consultation with the liquor and cannabis board and other agencies the department deems appropriate, shall study policy options and the feasibility of the state requiring manufacturers of vapor products sold in Washington to participate in a stewardship organization with a plan approved by the department to provide for the collection, transportation, recycling, and disposal of vapor products and their component parts.
Policies examined under this section must include:
How producers will fully finance the collection, transportation, recycling, and disposal of vapor products sold for use in Washington;
A provision for the collection of products at each retail outlet operated by a person licensed as a vapor product retailer;
Methods for collection, transportation, recycling, and disposal of vapor products collected by the stewardship organization;
A plan for education and outreach by the stewardship organization to vapor product retail license holders;
A plan for education and outreach by the stewardship organization to consumers regarding the opportunities provided by the stewardship organization for the end-of-life management of vapor products; and
Performance goals for the collection and recycling of vapor products and their constituent parts, and a plan for measuring the operations of the program relative to those performance goals.
The department of ecology shall submit a report on its study and results to the governor and the appropriate committees of the legislature by November 1, 2027.
This section expires December 1, 2027.
The board must have, in addition to the board's other powers and authorities, the authority to enforce the provisions of this chapter.
The board and the board's authorized agents or employees have full power and authority to enter any place of business where vapor products are sold for the purpose of enforcing the provisions of this chapter.
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For the purpose of enforcing the provisions of this chapter, an enforcement officer of the board who has reasonable grounds to believe a person observed by the officer in proximity to a retailer licensee under this chapter and chapter 82.25 RCW who is purchasing, attempting to purchase, or in possession of vapor products is under 18 years of age, may detain such person in proximity to such retailer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, vapor products possessed by persons under 18 years of age are considered contraband and may be seized by an enforcement officer of the board.
Any enforcement officer who detains a person for the purpose of enforcing the provisions of this chapter and RCW 26.28.080 and 82.24.500 must collect the following information for each fiscal year since 2018:
The total number of interactions where an enforcement officer detained a person;
Information on the nature of each interaction, including the duration of the interaction, the justification for the interaction, the number of such persons who were under 18 years of age, the number of such persons who were over 18 but under 21 years of age, and whether any citation or warning was issued;
How many interactions converted to administrative violation notices; and
How many of the interactions and administrative violation notices converted to retailer education and violations.
The board must compile the information collected pursuant to (b) of this subsection, along with any associated demographic data in the possession of the board, and conduct a comparative analysis of all interactions of enforcement officers with persons detained for the purpose of enforcing Title 66 RCW and chapter 69.50 RCW into a statewide report and provide the report to the appropriate committees of the legislature by December 1, 2023, and annually thereafter.
All enforcement officers of the board who enforce the provisions of this section and will have interactions with persons under the age of 18 years old must begin receiving training from the United States department of justice office of juvenile justice and delinquency prevention prior to July 1, 2024.
For the purposes of this subsection, "proximity" means 100 feet or less.
The board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.
The board, law enforcement, or a local health department may, with parental authorization, include persons under the age of 18 in compliance activities.
Upon a determination by the secretary of health or a local health jurisdiction that a vapor product may be injurious to human health or poses a significant risk to public health:
The board, in consultation with the department of health and local county health jurisdictions, may cause a vapor product substance or solution sample, purchased or obtained from any vapor product retailer, distributor, or delivery sale licensee, to be analyzed by an analyst appointed or designated by the board;
If the analyzed vapor product contains an ingredient, substance, or solution present in quantities injurious to human health or posing a significant risk to public health, as determined by the secretary of health or a local health jurisdiction, the board may suspend the license of the retailer or delivery sale licensee unless the retailer or delivery sale licensee agrees to remove the product from sales; and
If upon a finding from the secretary of health or local health jurisdiction that the vapor product poses an injurious risk to public health or significant public health risk, the retailer or delivery sale licensee does not remove the product from sale, the secretary of health or local health officer may file for an injunction in superior court prohibiting the sale or distribution of that specific vapor product substance or solution.
Nothing in subsection (6) of this section permits a total ban on the sale or use of vapor products.
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In addition to the authority of any other state or local agency or local health jurisdiction to analyze a vapor product substance or solution, the department of agriculture may perform laboratory tests and analyze any vapor product substance or solution obtained by the department of health, the board, the department of agriculture, another state agency, or a local health jurisdiction.
Nothing in this subsection (8) requires testing of a vapor product substance or solution by the department of agriculture.
A retailer or agent shall require the purchaser of a tobacco product or vapor product to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: (a) Liquor control authority card of identification of a state or province of Canada; (b) driver's license, instruction permit, or identification card of a state or province of Canada; (c) "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; (d) United States military identification; (e) passport; (f) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least 90 days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority shall give notice to the board. The board shall publish and communicate to licensees regarding the implementation of each new enrollment card; or (g) merchant marine identification card issued by the United States coast guard.
It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.
Before completing a transaction for the sale of vapor products, the retailer or agent thereof, must require the purchaser to present any one of the following officially issued forms of identification that shows the purchaser's age and bears his or her signature and photograph: (a) Liquor control authority card of identification of a state or province of Canada; (b) driver's license, instruction permit, or identification card of a state or province of Canada; (c) "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; (d) United States military identification; (e) passport; (f) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least 90 days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority must give notice to the board. The board must publish and communicate to licensees regarding the implementation of each new enrollment card; or (g) merchant marine identification card issued by the United States coast guard.
It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The board must waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.
Beginning January 1, 2027, no vapor product retailer, delivery sale licensee, distributor, or other person may sell, offer for sale, display, market, or advertise for sale in this state, any entertainment vapor product.
For purposes of this section, "entertainment vapor product" means any vapor product that has interactive gaming or entertainment features including, but not limited to, allowing a user to play music or audio, display photos or video, play virtual games, or display other animations on the device.
Beginning January 1, 2027, no vapor product retailer, delivery sale licensee, distributor, or other person may market, promote, label, brand, advertise, distribute, offer for sale, or sell a vapor product in this state by:
Imitating a product that is not a vapor product, including but not limited to:
A food or brand of food commonly marketed to minors including, but not limited to, candy, desserts, and beverages;
School supplies commonly used by minors including, but not limited to, erasers, highlighters, pens, and pencils; and
A product based on or depicting a character, personality, or symbol known to appeal to minors including, but not limited to, a celebrity, a character in a comic book, movie, television show, or video game, or a mythical creature;
Attempting to conceal the nature of the vapor product from parents, teachers, or other adults; or
Using terms for, describing, or depicting any product described in subsection (1) of this section.
In recognition of the sovereign authority of tribal governments, the governor may seek government-to-government negotiations with federally recognized Indian tribes regarding prohibiting the sale and offer for sale of any entertainment vapor product and vapor products identified in section 24 of this act, and the display, marketing, or advertising for sale of such products, in compacts entered into under RCW 43.06.505 through 43.06.515.
The legislature finds that the practices covered by sections 23 and 24 of this act are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of sections 23 or 24 of this act is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
The board may suspend or revoke a retailer's license issued under RCW 82.24.510(1)(b) or 82.26.150(1)(b) held by a business at any location, or may impose a monetary penalty as set forth in subsection (3) of this section, if the board finds that the licensee has violated RCW 26.28.080, 70.155.020, 70.155.030, 70.155.040, 70.155.050, 70.155.070, 70.155.090, or section 23 or 24 of this act.
Any retailer's licenses issued under RCW 70.345.020 to a person whose license or licenses under chapter 82.24 or 82.26 RCW have been suspended or revoked for violating RCW 26.28.080, or section 23 or 24 of this act, must also be suspended or revoked during the period of suspension or revocation under this section.
The sanctions that the board may impose against a person licensed under RCW 82.24.530 or 82.26.170 based upon one or more findings under subsection (1) of this section may not exceed the following:
For violations of RCW 70.155.020 or 21 C.F.R. Sec. 1140.14, and for violations of RCW 70.155.040 occurring on the licensed premises:
A monetary penalty of $200 for the first violation within any three-year period;
A monetary penalty of $600 for the second violation within any three-year period;
A monetary penalty of $2,000 and suspension of the license for a period of six months for the third violation within any three-year period;
A monetary penalty of $3,000 and suspension of the license for a period of 12 months for the fourth violation within any three-year period;
Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any three-year period;
For violations of RCW 26.28.080, or section 23 or 24 of this act:
A monetary penalty of $1,000 for the first violation within any three-year period;
A monetary penalty of $2,500 for the second violation within any three-year period;
A monetary penalty of $5,000 and suspension of the license for a period of six months for the third violation within any three-year period;
A monetary penalty of $10,000 and suspension of the license for a period of 12 months for the fourth violation within any three-year period;
Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any three-year period;
If the board finds that a person licensed under chapter 82.24 or 82.26 RCW and RCW 70.345.020 has violated RCW 26.28.080, or section 23 or 24 of this act, each subsequent violation of either of the person's licenses counts as an additional violation within that three-year period;
For violations of RCW 70.155.030, a monetary penalty in the amount of $100 for each day upon which such violation occurred;
For violations of RCW 70.155.050, a monetary penalty in the amount of $600 for each violation;
For violations of RCW 70.155.070, a monetary penalty in the amount of $2,000 for each violation.
The board may impose a monetary penalty upon any person other than a licensed cigarette or tobacco product retailer if the board finds that the person has violated RCW 26.28.080, 70.155.020, 70.155.030, 70.155.040, 70.155.050, 70.155.070, or 70.155.090.
The monetary penalty that the board may impose based upon one or more findings under subsection (4) of this section may not exceed the following:
For violation of RCW 26.28.080 or 70.155.020, $100 for the first violation and $200 for each subsequent violation;
For violations of RCW 70.155.030, $200 for each day upon which such violation occurred;
For violations of RCW 70.155.040, $200 for each violation;
For violations of RCW 70.155.050, $600 for each violation;
For violations of RCW 70.155.070, $2,000 for each violation.
The board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
The board may issue a cease and desist order to any person who is found by the board to have violated or intending to violate the provisions of this chapter, RCW 26.28.080, 82.24.500, or 82.26.190 requiring such person to cease specified conduct that is in violation. The issuance of a cease and desist order does not preclude the imposition of other sanctions authorized by this statute or any other provision of law.
The board may seek injunctive relief to enforce the provisions of RCW 26.28.080, 82.24.500, 82.26.190 or this chapter. The board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within 30 days after imposition of such penalties. In any action filed by the board under this chapter, the court may, in addition to any other relief, award the board reasonable attorneys' fees and costs.
All proceedings under subsections (1) through (7) of this section shall be conducted in accordance with chapter 34.05 RCW.
The board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are inadequate or where there are mitigating circumstances. Mitigating circumstances may include, but are not limited to, an exercise of due diligence by a retailer. Further, the board may exceed penalties set forth in this chapter based on aggravating circumstances.
The board may impose a monetary penalty as set forth in subsection (2) of this section, if the board finds that the licensee has violated RCW 26.28.080, or section 23 or 24 of this act, or any other provision of this chapter.
Subject to subsection (3) of this section, the sanctions that the board may impose against a person licensed under this chapter based upon one or more findings under subsection (1) of this section may not exceed the following:
A monetary penalty of $1,000 for the first violation within any three-year period;
A monetary penalty of $2,500 for the second violation within any three-year period;
A monetary penalty of $5,000 for the third violation within any three-year period and suspension of the license for a period of six months for the third violation of RCW 26.28.080, or section 23 or 24 of this act, within any three-year period;
A monetary penalty of $10,000 for the fourth or subsequent violation within any three-year period and suspension of the license for a period of 12 months for the fourth violation of RCW 26.28.080, or section 23 or 24 of this act, within any three-year period;
Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any three-year period.
If the board finds that a person licensed under this chapter and chapter 82.24 or 82.26 RCW has violated RCW 26.28.080, or section 23 or 24 of this act, each subsequent violation of either of the person's licenses counts as an additional violation within that three-year period.
Any retailer's licenses issued under chapter 82.24 or 82.26 RCW to a person whose vapor product retailer's license or licenses have been suspended or revoked for violating RCW 26.28.080, or section 23 or 24 of this act, must also be suspended or revoked during the period of suspension or revocation under this section.
The board may impose a monetary penalty upon any person other than a licensed retailer if the board finds that the person has violated RCW 26.28.080.
The monetary penalty that the board may impose based upon one or more findings under subsection (5) of this section may not exceed $50 for the first violation and $100 for each subsequent violation.
The board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
The board may issue a cease and desist order to any person who is found by the board to have violated or intends to violate the provisions of this chapter or RCW 26.28.080, requiring such person to cease specified conduct that is in violation. The issuance of a cease and desist order does not preclude the imposition of other sanctions authorized by this statute or any other provision of law.
The board may seek injunctive relief to enforce the provisions of RCW 26.28.080 or this chapter. The board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within 30 days after imposition of such penalties. In any action filed by the board under this chapter, the court may, in addition to any other relief, award the board reasonable attorneys' fees and costs.
All proceedings under subsections (1) through (8) of this section must be conducted in accordance with chapter 34.05 RCW.
The board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are inadequate or where there are mitigating circumstances. Mitigating circumstances may include, but are not limited to, an exercise of due diligence by a retailer. Further, the board may exceed penalties set forth in this chapter based on aggravating circumstances.
A fee of $1,000 must accompany each vapor product distributor's license application or license renewal application under RCW 70.345.020. If a distributor sells or intends to sell vapor products at two or more places of business, whether established or temporary, a separate license with a license fee of $1,000 is required for each additional place of business.
A fee of $1,000 must accompany each vapor product retailer's license application or license renewal application under RCW 70.345.020. A separate license is required for each separate location at which the retailer operates.
A fee of $1,000 must accompany each vapor product delivery sale license application or license renewal application under RCW 70.345.020.
A fee of $1,000 must accompany each wholesaler's license application or license renewal application. If a wholesaler sells or intends to sell cigarettes at two or more places of business, whether established or temporary, a separate license with a license fee of $1,000 is required for each additional place of business. Each license, or certificate thereof, and such other evidence of license as the department of revenue requires, must be exhibited in the place of business for which it is issued and in such manner as is prescribed for the display of a business license issued under chapter 19.02 RCW. The board must require each licensed wholesaler to file with the department of revenue a bond in an amount not less than $1,000 to guarantee the proper performance of the duties and the discharge of the liabilities under this chapter. The bond must be executed by such licensed wholesaler as principal, and by a corporation approved by the department of revenue and authorized to engage in business as a surety company in this state, as surety. The bond must run concurrently with the wholesaler's license.
A fee of $1,000 must accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates. A fee of an additional $200 for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine. An additional fee of $500 must accompany each application or renewal for a license issued to a retail dealer operating a cigarette-making machine.
A fee of $1,000 shall accompany each distributor's license application or license renewal application. If a distributor sells or intends to sell tobacco products at two or more places of business, whether established or temporary, a separate license with a license fee of $1,000 shall be required for each additional place of business.
The fees imposed under subsection (1) of this section do not apply to any person applying for a distributor's license or for renewal of a distributor's license if the person has a valid wholesaler's license under RCW 82.24.510 for the place of business associated with the distributor's license application or license renewal application.
A fee of $1,000 shall accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates.
The fee imposed under subsection (1) of this section does not apply to any person applying for a retailer's license or for renewal of a retailer's license if the person has a valid retailer's license under RCW 82.24.510 for the place of business associated with the retailer's license application or renewal application.
Cigarette retailers must sell cigarettes at or above the licensee's acquisition cost.
Tobacco product retailers must sell tobacco products at or above the licensee's acquisition cost.
In accordance with section 40 of this act, vapor product retailers and delivery sellers must sell vapor products at or above the licensee's acquisition cost.
Vapor product retailers and delivery sellers must sell vapor products at or above the licensee's acquisition cost.
Nothing in this section prohibits a retailer from offering a tasting of vapor products in accordance with RCW 70.345.100.
No person shall give or distribute cigarettes or other tobacco products to a person by a coupon .
No person may give or distribute vapor products to a person by a coupon
.
It is unlawful for a person to provide any free item or product to a customer as part of a transaction for the sale of cigarettes, tobacco products, or vapor products.
In accordance with section 36 of this act, it is unlawful for a person to provide any free item or product to a customer as part of a transaction for the sale of vapor products.
Nothing in this chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales .
Nothing in this chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of vapor product promotions and sales .
No political subdivision may regulate the use of vapor products in outdoor public places, unless the public place is an area where children congregate, such as schools, playgrounds, and parks.
Subject to RCW 70.345.150, political subdivisions may regulate the use of vapor products in indoor public places.
There is levied and collected a tax upon the sale, handling, or distribution of all tobacco products in this state at the following rate:
For cigars except little cigars, 95 percent of the taxable sales price of cigars, not to exceed 65 cents per cigar;
For all tobacco products except those covered under separate provisions of this subsection, 95 percent of the taxable sales price. The tax imposed on a product under this subsection must be reduced by 50 percent if that same product is issued a modified risk tobacco product order by the secretary of the United States department of health and human services pursuant to Title 21 U.S.C. Sec. 387k(g)(1), or by 25 percent if that same product is issued a modified risk tobacco product order by the secretary of the United States department of health and human services pursuant to Title 21 U.S.C. Sec. 387k(g)(2). The tax reduction applies during the period the modified risk tobacco product order is in effect;
For moist snuff, as established in this subsection (1)(c) and computed on the net weight listed by the manufacturer:
On each single unit consumer-sized can or package whose net weight is one and two-tenths ounces or less, a rate per single unit that is equal to the greater of 2.526 dollars or 83.5 percent of the cigarette tax under chapter 82.24 RCW multiplied by 20; or
On each single unit consumer-sized can or package whose net weight is more than one and two-tenths ounces, a proportionate tax at the rate established in (c)(i) of this subsection (1) on each ounce or fractional part of an ounce; and
For little cigars, an amount per cigar equal to the cigarette tax under chapter 82.24 RCW.
Taxes under this section must be imposed at the time the distributor (a) brings, or causes to be brought, into this state from without the state tobacco products for sale, (b) makes, manufactures, fabricates, or stores tobacco products in this state for sale in this state, (c) ships or transports tobacco products to retailers in this state, to be sold by those retailers, or (d) handles for sale any tobacco products that are within this state but upon which tax has not been imposed.
(a) Except as provided in (b) of this subsection, the moneys collected under this section must be deposited into the state general fund.
The following amounts of moneys collected under this section must be deposited into the following accounts:
Up to $10,000,000 annually to the Andy Hill cancer research endowment fund match transfer account in accordance with RCW 43.348.080;
Up to $10,000,000 annually to the foundational public health services account in accordance with RCW 82.25.015; and
Up to $20,000,000 annually to the youth tobacco and vapor products prevention account in accordance with RCW 70.155.120.
The Andy Hill cancer research endowment fund match transfer account is created in the custody of the state treasury to be used solely and exclusively for the program created in RCW 43.348.040. Moneys in the account may be spent only after appropriation. The purpose of the account is to provide state matching funds and other state appropriations for the fund and administrative costs. Expenditures to fund or reimburse the program administrator are not subject to the requirements of subsection (5) of this section.
The legislature must appropriate a state match, up to a maximum of $10,000,000 annually, beginning July 1, 2016, and each July 1st following the end of the fiscal year from tax collections and penalties generated from enforcement of state taxes on cigarettes and other tobacco products by the state liquor and cannabis board or other federal, state or local law or tax enforcement agency, as determined by the department of revenue. Tax collections include any cigarette tax, other tobacco product tax, and retail sales and use tax. Any amounts deposited into this account from the tax imposed under RCW 82.25.010 in excess of the cap provided in this subsection must be deposited into the foundational public health services account created in RCW 82.25.015. To the extent the tax imposed under RCW 82.25.010 and other revenues to the account under subsection (3) of this section results in less than $10,000,000 annually to the Andy Hill cancer research endowment fund match transfer account, the remaining amount to reach $10,000,000 per fiscal year must be deposited into this account from the tobacco products tax in RCW 82.26.020.
Revenues to the account must consist of deposits into the account, taxes imposed on vapor products under RCW 82.25.010, a portion of tobacco products taxes as provided in subsection (2) of this section and RCW 82.26.020, legislative appropriations, and any gifts, grants, or donations received by the department for this purpose.
Each fiscal biennium, the legislature must appropriate to the department of commerce such amounts as estimated to be the balance of the match transfer account to provide state matching funds.
Expenditures from the account may be made only upon receipt of proof from the program administrator of committed nonstate or private contributions for cancer research, prevention, or care supported by the match transfer account or advancement of the program. Expenditures from the match transfer account, in the form of matching funds, may not exceed the total amount of committed nonstate or private contributions.
The department and board must enter into an appropriate agreement with the program administrator to demonstrate exchange of consideration for the expenditures from the match transfer account that are subject to subsection (5) of this section.
Moneys expended into the account in fiscal year 2023 pursuant to section 706, chapter 297, Laws of 2022 are not subject to the requirements of subsections (5) and (6) of this section.
Moneys expended into the match transfer account for the purposes of implementing RCW 43.348.090 are not subject to the requirements of subsections (5) and (6) of this section.
The foundational public health services account is created in the state treasury. Half of all of the moneys collected from the tax imposed on vapor products under RCW 66.44.010 must be deposited into the account. To the extent moneys collected from the tax imposed on vapor products results in less than $10,000,000 annually to the foundational public health services account, the remaining amount to reach $10,000,000 per fiscal year must be deposited into the account from the tobacco products tax in RCW 82.26.020. Moneys in the account may be spent only after appropriation. Moneys in the account are to be used to fund foundational health services.
The youth tobacco and vapor products prevention account is created in the state treasury. All fees collected pursuant to RCW 70.155.100(3)(b), 82.24.520, 82.24.530, 82.26.160, and 82.26.170 and funds collected by the board from the imposition of monetary penalties shall be deposited into this account, except that 10 percent of all such fees and penalties shall be deposited in the state general fund. To the extent moneys collected in this account from such fees and monetary penalties results in less than $20,000,000 annually to the youth tobacco and vapor products prevention account, the remaining amount to reach $20,000,000 per fiscal year must be deposited into the account from the tobacco products tax in RCW 82.26.020.
Moneys appropriated from the youth tobacco and vapor products prevention account to the department of health shall be used by the department of health for implementation of this chapter, including collection and reporting of data regarding enforcement and the extent to which access to tobacco products and vapor products by youth has been reduced.
The department of health shall enter into interagency agreements with the board to pay the costs incurred, up to 30 percent of available funds, in carrying out its enforcement responsibilities under this chapter. Such agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to which tobacco products and vapor products are available to individuals under the age of 21. The agreements shall also set forth requirements for data reporting by the board regarding its enforcement activities. During the 2019-2021 fiscal biennium, the department of health shall pay the costs incurred, up to 23 percent of available funds, in carrying out its enforcement responsibilities.
The department of health, the board, and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.
The department of health shall, within up to 70 percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth. During the 2019-2021 fiscal biennium, the department of health shall, within up to 77 percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.