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2024

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SB 6118 - Concerning a directory for closed-system nicotine containers and disposable nicotine vapor products.

Sponsor: Senator Van De Wege 

DEFEATED 

 

Senate Bill 6118 from the State of Washington would have established a directory for closed-system nicotine containers and disposable nicotine vapor products. By August 1, 2024, and annually after that, manufacturers of these products would have been required to certify their products with the state, providing evidence of FDA authorization or proof that a premarket tobacco product application was under review. The bill would have mandated the creation of a public directory maintained by the Washington State Liquor and Cannabis Board listing all certified products. This directory was intended to be updated monthly, and retailers, distributors, and wholesalers would have been required to ensure that only products listed in the directory were sold. Unlisted products would have been subject to seizure and penalties.

 

Violations of the proposed regulation could have resulted in significant civil penalties, including fines of $1,000 per day for each non-compliant product, suspension of licenses for repeat offenders, and potential revocation. The bill also would have allowed for the seizure and destruction of non-compliant products. Additionally, it would have required at least two unannounced compliance checks annually for all retailers, distributors, and wholesalers, with the results published annually. The bill would have mandated annual reporting to the legislature on the directory status, revenue, expenditures, and enforcement activities related to this regulation. This legislation aimed to regulate and monitor the sale of nicotine vapor products in Washington, ensuring only authorized products were available to protect public health and ensure compliance with federal and state laws. However, the bill was ultimately defeated.

 

2023 

 

HB 1497 - Preventing use of vapor and tobacco products by minors.

Sponsor: Rep. Harris

DEFEATED

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The bill emphasized that prevention was the most effective strategy to reduce vapor and tobacco use among individuals under 21, recognizing that protecting adolescents' health required vigorous enforcement and intervention measures. It stressed the critical role of retailers in ensuring compliance with state laws regarding the sale of vapor and tobacco products, outlining penalties for those who violated these laws, including fines and potential suspension or revocation of licenses. 

 

The bill would have increased penalties for selling vapor or tobacco products to minors. It removed civil liability and the ability to detain minors for possession of these products, instead focusing on community-based interventions. 

 

Additionally, the bill allowed the Liquor and Cannabis Board, along with local health departments, to conduct random inspections to ensure compliance and granted them the authority to analyze vapor products for harmful ingredients, taking action if a product was found to be harmful to health. It also repealed certain sections of existing laws related to the purchase and possession of vapor and tobacco products by minors, shifting the focus from punitive measures to prevention and intervention. Overall, this legislation aimed to reduce the accessibility and use of vapor and tobacco products among minors by strengthening penalties for non-compliant retailers and promoting more effective public health strategies.

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SB 5239 - Enhancing the regulation of vapor products and tobacco products.

Sponsor: Senator Kuderer

DEFEATED

 

This legislation was designed to enhance the regulation of vapor and tobacco products with a strong emphasis on safeguarding public health. It addressed growing concerns about underage use and the addictive potential of nicotine. The bill granted the Department of Health the authority to restrict or ban the sale of flavored vapor products if they pose a public health risk. Additionally, it empowered the State Board of Health to establish maximum nicotine concentrations for vapor products to mitigate potential harm.

 

The bill also imposed strict labeling requirements on manufacturers and distributors, mandating clear warnings and the disclosure of nicotine content to the Department of Health. Furthermore, it included provisions to ensure that state regulations aligned with federal guidelines, allowing for the adoption of additional rules as necessary.

 

2022

 

HB 1676 - Using the taxation of vapor products to fund additional tobacco and vapor use prevention and cessation programs and services.

Sponsor: Rep. Paul Harris

DEFEATED

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House Bill 1676 would have replaced the existing variable milliliter tax on vapor products with a flat excise tax of 33 percent of the selling price, starting January 1, 2023. The tax would have been itemized separately from other state and local sales taxes on sales receipts and would have applied to both in-store and online sales of vapor products. The bill also proposed distributing the first $30 million of tax revenue evenly among the Andy Hill Cancer Research Endowment Fund, the Department of Health for tobacco and vapor product prevention and cessation programs, and the Foundational Public Health Services Account. Any remaining revenue would have been split between the Department of Health and the Foundational Public Health Services Account. Additionally, the bill would have classified the vapor products tax as a trust fund tax, subjecting it to specific collection and enforcement measures. However, the bill was ultimately defeated.

 

HB 2039/SB 5768 Enhancing the regulation of vapor products

Sponsor: Rep. Pollet/Sen. Kuderer

DEFEATED

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House Bill 1676 would have introduced a 33 percent excise tax on vapor products, replacing the existing variable milliliter tax, effective January 1, 2023. This tax would have been separately itemized on sales receipts and applied to all retail and online sales. The revenue generated from this tax would have been allocated with the first $30 million split evenly among the Andy Hill Cancer Research Endowment Fund, the Department of Health for tobacco and vapor product prevention and cessation programs, and the Foundational Public Health Services Account. Any remaining revenue would have been further divided between the Department of Health and the Foundational Public Health Services Account. Additionally, the bill would have classified the vapor products tax as a trust fund tax, subject to stringent collection and enforcement measures. However, this bill was successfully prevented from receiving a hearing after its first introduction.

 

In a related legislative effort, Senate Bill 5768, which would have allowed the Department of Health to restrict the sale of flavored vapor products deemed harmful by the Secretary of Health, gained momentum in the Senate, unlike its House counterpart. The bill also proposed setting allowable nicotine concentrations and requiring manufacturers to comply with strict labeling requirements. Despite its progress, the Washington State Fraternal Association (WASFA) played a crucial role in halting SB 5768 by working closely with stakeholders, key legislators, and staff. Through intensive investigation, accurate reporting, data correction, and strong relationships with legislators, WASFA successfully stopped the bill from advancing out of the Senate Health Care Committee, a significant achievement for the organization. WASFA was widely acknowledged for its pivotal role in preventing the passage of this legislation.

 

2021

 

HB 1550 - Concerning methods to prevent nicotine addiction

Sponsor: Rep. Pollet

DEFEATED

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House Bill 1676 could have imposed a business and occupation surcharge of 4.4 percent on manufacturers, processors for hire, and distributors of vapor and tobacco products. It would have replaced the existing variable milliliter tax on vapor product distributors with a 45 percent excise tax on the selling price of vapor products. The bill also aimed to modify the account distribution for receipts of the vapor products tax revenues.

 

The bill received a hearing in the House Finance Committee, where WASF was allowed to testify. However, most of the allotted time was given to those opposing the bill. Despite this, WASF could follow up promptly with legislators to clarify misinformation and present accurate statistics from sources such as the CDC and FDA. As a result, the bill did not come up for a vote and was ultimately declared dead.

 

2020

 

SB 6254 - Protecting public health and safety by enhancing the regulation of vapor products. 

Sponsor: Sen. Kuderer

DEFEATED

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Senate Bill 6254 would have significantly increased the regulation of vapor products in Washington State to protect public health, particularly among youth. The bill could have imposed stricter controls on nicotine concentration, required manufacturers and distributors to label products according to Department of Health guidelines, and prohibited the sale of certain flavored vapor products and those containing vitamin E acetate. Additionally, the bill would have introduced a special excise tax on flavored vapor products and mandated age verification for entry into retail outlets selling these products. Although the bill gained momentum in the legislative process, the Washington State Fraternal Association (WASFA) played a critical role in preventing it from advancing further. Through diligent efforts, including providing accurate information to legislators and leveraging solid relationships, WASFA successfully stopped the bill from moving forward, ultimately leading to its defeat.

 

SB 6489/HB 2932 - Concerning possession of vapor, vapor products, tobacco, and tobacco products by persons under twenty-one.

Sponsor: Sen. Saldana/Rep. Pettigrew

DEFEATED

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Senate Bill 6489 could have altered the regulation of vapor and tobacco product possession by individuals under 21 in Washington State. It would have removed the civil liability for those under 18 caught possessing these products and replaced it with community-based interventions rather than treating them as violators. The bill also would have authorized local health departments to conduct random inspections and coordinate controlled purchases involving minors. Additionally, it could have allowed the Secretary of Health to take action against vapor products deemed harmful to public health, potentially suspending sales of those products.

Despite its potential impact, Senate Bill 6489 was prevented from advancing further after its introduction. This outcome was likely influenced by strategic efforts from opposing parties to clarify the bill's implications and address concerns related to its enforcement and public health strategies. Consequently, the bill did not progress to a vote and was ultimately defeated.

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HB 2321/SB 6333- Reducing youth access to products intended for consumption only by adults age 21 and over. 

Sponsor: Rep. Leavitt/Sen. Solomon

DEFEATED

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House Bill 2321 could have introduced significant restrictions aimed at reducing youth access to vapor products and tobacco. The bill would have prohibited advertising vapor products within 1,000 feet of schools, playgrounds, and other areas frequented by minors. It also would have banned billboard and transit advertisements for these products and required vapor product retailers to restrict their signage to ensure it was not appealing to youth. Additionally, the bill could have imposed penalties on retailers for non-compliance and required strict enforcement of these new regulations by local authorities.

The bill also proposed amendments to existing laws, including requiring schools and postsecondary institutions to adopt policies prohibiting vapor products on their premises, with specified exceptions for designated smoking areas. Furthermore, the bill would have imposed restrictions on online marketing and advertising of vapor products, mainly targeting minors.

Despite its potential impact, House Bill 2321 was ultimately defeated. This outcome, likely influenced by advocacy efforts from stakeholders and the provision of accurate information to legislators, means that the proposed regulations did not come into effect.