Tobacco product policy

AN ACT Relating to enhancing public health by modifying 1
cigarette, vapor product, and tobacco product policy; amending RCW 2
70.155.010, 82.26.200, 82.26.230, 70.345.030, 82.25.090, 82.24.530, 3
82.24.130, 82.25.030, 82.25.035, 82.25.060, 82.25.070, 82.25.075, 4
70.345.160, 70.155.090, 70.345.120, 70.155.100, 70.345.180, 5
70.345.040, 70.345.050, 70.345.060, 82.24.520, 82.24.530, 82.26.160, 6
82.26.170, 70.155.070, 70.345.110, 70.155.130, 70.345.210, 82.26.020, 7
43.348.080, 82.25.015, and 70.155.120; adding new sections to chapter 8
70.155 RCW; adding new sections to chapter 70.345 RCW; creating a new 9
section; prescribing penalties; and providing an expiration date.10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:11
PART I12
RESPONSIBLE VENDOR PROGRAM13
Sec. 1. RCW 70.155.010 and 2019 c 15 s 3 are each amended to 14
read as follows: 15
The definitions set forth in RCW 82.24.010 apply to this chapter. 16
In addition, for the purposes of this chapter, unless otherwise 17
required by the context: 18
(1) "Board" means the Washington state liquor and cannabis board.19
H-2837.1
HOUSE BILL 2439
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reeves, Parshley, Pollet, and Macri
Read first time 01/13/26. Referred to Committee on Consumer
Protection & Business.
p. 1 HB 2439
(2) "Internet" means any computer network, telephonic network, or 1
other electronic network. 2
(3) "Licensee" means a person licensed as a vapor product 3
retailer, vapor product delivery seller, cigarette retailer, or 4
tobacco product retailer.5
(4) "Sample" means a tobacco product distributed to members of 6
the general public at no cost or at nominal cost for product 7
promotion purposes. 8
(((4))) (5) "Sampling" means the distribution of samples to 9
members of the public. 10
(((5))) (6) "Tobacco product" means a product that contains 11
tobacco and is intended for human use, including any product defined 12
in RCW 82.24.010(2) or 82.26.010(21), except that for the purposes of 13
RCW 70.155.140 only, "tobacco product" does not include cigars 14
defined in RCW 82.26.010 as to which ((one thousand )) 1,000 units 15
weigh more than three pounds. 16
(((6))) (7) "Vapor product" has the same meaning as defined in 17
RCW 70.345.010. 18
NEW SECTION. Sec. 2. A new section is added to chapter 70.155 19
RCW to read as follows: 20
(1) The board must develop rules concerning the adoption and 21
administration of a compliance training program for vapor product 22
retailers, vapor product delivery sellers, cigarette retailers, and 23
tobacco product retailers to be known as a responsible vendor 24
program, to reduce underage consumption of vapor products, 25
cigarettes, and tobacco products, encourage licensees to adopt 26
specific best practices to prevent sales to persons under age 21, and 27
provide licensees with an incentive to give their employees ongoing 28
training in responsible sales. 29
(2) Licensees who join the responsible vendor program under this 30
section and maintain all the program's requirements are subject to a 31
50 percent reduction of a monetary penalty for a single violation in 32
any period of 12 calendar months. 33
(3) The responsible vendor program must be free, voluntary, and 34
self-monitoring. 35
(4) To participate in the responsible vendor program, licensees 36
must submit an application form to the board. If the application 37
establishes that the licensee meets the qualifications to join the 38
program, the board must send the licensee a membership certificate.39
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(5) A licensee participating in the responsible vendor program 1
must, at a minimum: 2
(a) Provide ongoing training to employees; 3
(b) Accept only certain forms of identification for sales of 4
vapor products, cigarettes, and tobacco products; 5
(c) Adopt policies on sales of vapor products, cigarettes, and 6
tobacco products and checking identification; 7
(d) Post specific signs in the business; and 8
(e) Keep records verifying compliance with the program's 9
requirements. 10
NEW SECTION. Sec. 3. A new section is added to chapter 70.155 11
RCW to read as follows: 12
Vapor product retailers, vapor product delivery sellers, 13
cigarette retailers, and tobacco product retailers may voluntarily 14
participate in the board's responsible vendor program under section 1 15
of this act. 16
NEW SECTION. Sec. 4. A new section is added to chapter 70.345 17
RCW to read as follows: 18
In accordance with sections 1 and 2 of this act, vapor product 19
retailers and vapor product delivery sellers may voluntarily 20
participate in the board's responsible vendor program in section 1 of 21
this act. 22
PART II23
LICENSED DISTRIBUTOR AND WHOLESALER REQUIREMENTS24
Sec. 5. RCW 82.26.200 and 2020 c 139 s 35 are each amended to 25
read as follows: 26
(1) A retailer may obtain tobacco products only from a licensed 27
distributor. A retailer that obtains tobacco products from ((an 28
unlicensed distributor or any other )) a person that is not licensed 29
under this chapter , including directly from a manufacturer, must be 30
licensed both as a retailer and a distributor under this chapter and 31
is liable for the tax imposed under RCW 82.26.020 with respect to the 32
tobacco products acquired from the unlicensed person that are held 33
for sale, handling, or distribution in this state. For the purposes 34
of this subsection, "person" includes both persons defined in RCW 35
82.26.010(((14))) and any person immune from state taxation, such as 36
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the United States or its instrumentalities, and federally recognized 1
Indian tribes and enrolled tribal members, conducting business within 2
Indian country. Tobacco products offered for sale in violation of 3
this subsection are contraband and subject to seizure in accordance 4
with RCW 82.26.230.5
(2) Every distributor licensed under this chapter must sell 6
tobacco products to retailers located in Washington only if the 7
retailer has a current retailer's license under this chapter.8
Sec. 6. RCW 82.26.230 and 2005 c 180 s 20 are each amended to 9
read as follows: 10
(1) Any tobacco products in the possession of a person selling 11
tobacco products in this state acting as a distributor or retailer 12
and who is not licensed as required under RCW 82.26.190, or a person 13
who is selling tobacco products in violation of RCW 82.26.200 or 14
82.26.220(6), may be seized without a warrant by any agent of the 15
department, agent of the board, or law enforcement officer of this 16
state. Any tobacco products seized under this subsection shall be 17
deemed forfeited. 18
(2) Any tobacco products in the possession of a person who is not 19
a licensed distributor or retailer and who transports tobacco 20
products for sale without having provided notice to the board 21
required under RCW 82.26.140, or without invoices or delivery tickets 22
showing the true name and address of the consignor or seller, the 23
true name and address of the consignee or purchaser, and the quantity 24
and brands of tobacco products being transported may be seized and 25
are subject to forfeiture. 26
(3) All conveyances, including aircraft, vehicles, or vessels 27
that are used, or intended for use to transport, or in any manner to 28
facilitate the transportation, for the purpose of sale or receipt of 29
tobacco products under subsection (2) of this section, may be seized 30
and are subject to forfeiture except: 31
(a) A conveyance used by any person as a common or contract 32
carrier having in actual possession invoices or delivery tickets 33
showing the true name and address of the consignor or seller, the 34
true name of the consignee or purchaser, and the quantity and brands 35
of the tobacco products transported, unless it appears that the owner 36
or other person in charge of the conveyance is a consenting party or 37
privy to a violation of this chapter; 38
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(b) A conveyance subject to forfeiture under this section by 1
reason of any act or omission of which the owner establishes to have 2
been committed or omitted without his or her knowledge or consent; or3
(c) A conveyance encumbered by a bona fide security interest if 4
the secured party neither had knowledge of nor consented to the act 5
or omission. 6
(4) Property subject to forfeiture under subsections (2) and (3) 7
of this section may be seized by any agent of the department, the 8
board, or law enforcement officer of this state upon process issued 9
by any superior court or district court having jurisdiction over the 10
property. Seizure without process may be made if: 11
(a) The seizure is incident to an arrest or a search warrant or 12
an inspection under an administrative inspection warrant; or13
(b) The department, board, or law enforcement officer has 14
probable cause to believe that the property was used or is intended 15
to be used in violation of this chapter and exigent circumstances 16
exist making procurement of a search warrant impracticable.17
(5) This section shall not be construed to require the seizure of 18
tobacco products if the department's agent, board's agent, or law 19
enforcement officer reasonably believes that the tobacco products are 20
possessed for personal consumption by the person in possession of the 21
tobacco products. 22
(6) Any tobacco products seized by a law enforcement officer 23
shall be turned over to the board as soon as practicable.24
Sec. 7. RCW 70.345.030 and 2019 c 445 s 211 are each amended to 25
read as follows: 26
(1)(a) No person may engage in or conduct business as a retailer, 27
distributor, or delivery seller in this state without a valid license 28
issued under this chapter, except as otherwise provided by law. Any 29
person who sells vapor products to ultimate consumers by a means 30
other than delivery sales must obtain a retailer's license under this 31
chapter. Any person who meets the definition of distributor under 32
this chapter must obtain a distributor's license under this chapter. 33
Any person who conducts delivery sales of vapor products must obtain 34
a delivery sale license. 35
(b) A violation of this subsection is punishable as a class C 36
felony according to chapter 9A.20 RCW. 37
(2) A retailer may obtain vapor products only from a licensed 38
distributor. A retailer that obtains vapor products from any person 39
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that is not licensed under this chapter, including directly from a 1
manufacturer, must be licensed both as a retailer and a distributor 2
under this chapter. Vapor products offered for sale in violation of 3
this subsection are contraband and subject to seizure in accordance 4
with RCW 82.25.090. 5
(3) No person engaged in or conducting business as a retailer, 6
distributor, or delivery seller in this state may refuse to allow the 7
enforcement officers of the board, on demand, to make full inspection 8
of any place of business or vehicle where any of the vapor products 9
regulated under this chapter are sold, stored, transported, or 10
handled, or otherwise hinder or prevent such inspection. A person who 11
violates this subsection is guilty of a gross misdemeanor.12
(((3))) (4) Any person licensed under this chapter as a 13
distributor, any person licensed under this chapter as a retailer, 14
and any person licensed under this chapter as a delivery seller may 15
not operate in any other capacity unless the additional appropriate 16
license is first secured, except as otherwise provided by law. A 17
violation of this subsection is a misdemeanor. 18
(((4))) (5) No person engaged in or conducting business as a 19
retailer, distributor, or delivery seller in this state may sell or 20
give, or permit to sell or give, a product that contains any amount 21
of any cannabinoid, synthetic cannabinoid, cathinone, or 22
methcathinone, unless otherwise provided by law. A violation of this 23
subsection (((4))) is punishable according to RCW 69.50.401.24
(((5))) (6) The penalties provided in this section are in 25
addition to any other penalties provided by law for violating the 26
provisions of this chapter or the rules adopted under this chapter.27
Sec. 8. RCW 82.25.090 and 2019 c 445 s 118 are each amended to 28
read as follows: 29
(1) Any vapor products in the possession of a person selling 30
vapor products in this state acting as a distributor or retailer and 31
who is not licensed as required under chapter 70.345 RCW, or a person 32
who is selling vapor products in violation of RCW 70.345.030 or 33
82.24.550(6), may be seized without a warrant by any agent of the 34
department, agent of the board, or law enforcement officer of this 35
state. Any vapor products seized under this subsection are deemed 36
forfeited. 37
(2) Any vapor products in the possession of a person who is not a 38
licensed distributor, delivery seller, manufacturer's representative, 39
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or retailer and who transports vapor products for sale without having 1
provided notice to the board required under RCW 82.25.065, or without 2
invoices or delivery tickets showing the true name and address of the 3
consignor or seller, the true name and address of the consignee or 4
purchaser, and the quantity and brands of vapor products being 5
transported may be seized and are subject to forfeiture.6
(3) All conveyances, including aircraft, vehicles, or vessels 7
that are used, or intended for use to transport, or in any manner to 8
facilitate the transportation, for the purpose of sale or receipt of 9
vapor products under subsection (2) of this section, may be seized 10
and are subject to forfeiture except: 11
(a) A conveyance used by any person as a common or contract 12
carrier having in actual possession invoices or delivery tickets 13
showing the true name and address of the consignor or seller, the 14
true name of the consignee or purchaser, and the quantity and brands 15
of the vapor products transported, unless it appears that the owner 16
or other person in charge of the conveyance is a consenting party or 17
privy to a violation of this chapter; 18
(b) A conveyance subject to forfeiture under this section by 19
reason of any act or omission of which the owner establishes to have 20
been committed or omitted without his or her knowledge or consent; or21
(c) A conveyance encumbered by a bona fide security interest if 22
the secured party neither had knowledge of nor consented to the act 23
or omission. 24
(4) Property subject to forfeiture under subsections (2) and (3) 25
of this section may be seized by any agent of the department, the 26
board, or law enforcement officer of this state upon process issued 27
by any superior court or district court having jurisdiction over the 28
property. Seizure without process may be made if: 29
(a) The seizure is incident to an arrest or a search warrant or 30
an inspection under an administrative inspection warrant; or31
(b) The department, board, or law enforcement officer has 32
probable cause to believe that the property was used or is intended 33
to be used in violation of this chapter and exigent circumstances 34
exist making procurement of a search warrant impracticable.35
(5) This section may not be construed to require the seizure of 36
vapor products if the department's agent, board's agent, or law 37
enforcement officer reasonably believes that the vapor products are 38
possessed for personal consumption by the person in possession of the 39
vapor products. 40
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(6) Any vapor products seized by a law enforcement officer must 1
be turned over to the board as soon as practicable.2
(7) This section does not apply to a motor carrier or freight 3
forwarder as defined in Title 49 U.S.C. Sec. 13102 or an air carrier 4
as defined in Title 49 U.S.C. Sec. 40102. 5
Sec. 9. RCW 82.24.530 and 2016 sp.s. c 38 s 9 are each amended 6
to read as follows: 7
(1) A fee of ((one hundred seventy-five dollars )) $175 must 8
accompany each retailer's license application or license renewal 9
application. A separate license is required for each separate 10
location at which the retailer operates. A fee of ((thirty)) 30 11
additional dollars for each vending machine must accompany each 12
application or renewal for a license issued to a retail dealer 13
operating a cigarette vending machine. An additional fee of ((ninety-14
three dollars)) $93 must accompany each application or renewal for a 15
license issued to a retail dealer operating a cigarette-making 16
machine. 17
(2) A retailer applying for, or renewing, both a retailer's 18
license under RCW 82.24.510 and a vapor products retailer's license 19
under RCW 70.345.020 may pay a combined application fee of ((two 20
hundred fifty dollars)) $250 for both licenses. 21
(3) A retailer may obtain cigarettes only from a licensed 22
wholesaler. A retailer that obtains cigarettes from any person that 23
is not licensed under this chapter, including directly from a 24
manufacturer, must be licensed both as a retailer and a wholesaler 25
under this chapter. Cigarettes offered for sale in violation of this 26
subsection are contraband and subject to seizure in accordance with 27
RCW 82.24.130.28
Sec. 10. RCW 82.24.130 and 2012 2nd sp.s. c 4 s 8 are each 29
amended to read as follows: 30
(1) The following are subject to seizure and forfeiture:31
(a) Subject to RCW 82.24.250, any articles taxed in this chapter 32
that are found at any point within this state, which articles are 33
held, owned, or possessed by any person, and that do not have the 34
stamps affixed to the packages or containers; any container or 35
package of cigarettes possessed or held for sale that does not comply 36
with this chapter; and any container or package of cigarettes that is 37
manufactured, sold, or possessed in violation of RCW 82.24.570.38
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(b) All conveyances, including aircraft, vehicles, or vessels, 1
which are used, or intended for use, to transport, or in any manner 2
to facilitate the transportation, for the purpose of sale or receipt 3
of property described in (a) of this subsection, except:4
(i) A conveyance used by any person as a common or contract 5
carrier having in actual possession invoices or delivery tickets 6
showing the true name and address of the consignor or seller, the 7
true name of the consignee or purchaser, and the quantity and brands 8
of the cigarettes transported, unless it appears that the owner or 9
other person in charge of the conveyance is a consenting party or 10
privy to a violation of this chapter; 11
(ii) A conveyance subject to forfeiture under this section by 12
reason of any act or omission of which the owner thereof establishes 13
to have been committed or omitted without his or her knowledge or 14
consent; 15
(iii) A conveyance encumbered by a bona fide security interest if 16
the secured party neither had knowledge of nor consented to the act 17
or omission. 18
(c) Any vending machine or commercial cigarette-making machine 19
used for the purpose of violating the provisions of this chapter.20
(d) Any cigarettes that are stamped, sold, imported, or offered 21
or possessed for sale in this state in violation of RCW 22
70.158.030(3). For the purposes of this subsection (1)(d), 23
"cigarettes" has the meaning as provided in RCW 70.158.020(3).24
(e) Any cigarettes sold in violation of RCW 82.24.530.25
(2) Property subject to forfeiture under this chapter may be 26
seized by any agent of the department authorized to collect taxes, 27
any enforcement officer of the board, or law enforcement officer of 28
this state upon process issued by any superior court or district 29
court having jurisdiction over the property. Seizure without process 30
may be made if: 31
(a) The seizure is incident to an arrest or a search under a 32
search warrant or an inspection under an administrative inspection 33
warrant; or 34
(b) The department, the board, or the law enforcement officer has 35
probable cause to believe that the property was used or is intended 36
to be used in violation of this chapter and exigent circumstances 37
exist making procurement of a search warrant impracticable.38
(3) Notwithstanding the foregoing provisions of this section, 39
articles taxed in this chapter which are in the possession of a 40
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wholesaler, licensed under Washington state law, for a period of time 1
necessary to affix the stamps after receipt of the articles, are not 2
considered contraband unless they are manufactured, sold, or 3
possessed in violation of RCW 82.24.570. 4
PART III5
MANUFACTURER CERTIFICATION/ATTESTATION6
NEW SECTION. Sec. 11. A new section is added to chapter 70.345 7
RCW to read as follows: 8
(1) Each manufacturer of vapor products containing nicotine that 9
are sold at retail in this state, whether directly or through a 10
distributor, retailer, or similar intermediary or intermediaries, 11
must be certified as provided in this section. 12
(2) An application for a certification under this section must be 13
made on a form and in a manner prescribed by the board. The 14
application must include: 15
(a) The name and address of the applicant or, if the applicant is 16
a firm, partnership, limited liability company, or association, the 17
name and address of each of its members or, if the applicant is a 18
corporation, the name and address of each of its officers and the 19
address of its principal place of business; 20
(b) The location of the principal place of business to be 21
licensed; 22
(c) If applicable, a copy of the prevent all cigarette 23
trafficking act registration form (ATF Form 5070.1) as submitted by 24
the applicant to the bureau of alcohol, tobacco, firearms and 25
explosives of the United States department of justice, and an 26
attestation that the applicant is in compliance with, and will 27
continue to comply with, all applicable requirements of 15 U.S.C. 28
Secs. 375 and 376, as they exist on the effective date of this 29
section; 30
(d) An attestation that the applicant will comply with all 31
applicable laws of Washington state and of the applicant's principal 32
place of business; 33
(e) For an applicant with a principal place of business outside 34
the United States, a declaration, in a form prescribed by the board, 35
from each of its importers into the United States of any of its 36
brands to be sold in the state of Washington, that the importer 37
accepts joint and several liability with the applicant for all 38
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liability imposed in accordance with chapter 82.25 RCW, including any 1
fees, costs, attorneys' fees, and penalties imposed under chapter 2
82.25 RCW; 3
(f) An attestation that the applicant's products fully comply 4
with the requirements of the United States customs and border 5
protection agency, including accurate entry summary forms (CPB Form 6
7501), and that the applicant is not in violation of 18 U.S.C. Sec. 7
541, 542, or 545, as they exist on the effective date of this 8
section; 9
(g) A list of each type or model of vapor product containing 10
nicotine that is sold in this state; and 11
(h) Such other information as the board may require for the 12
purpose of administering this chapter or chapter 82.25 RCW.13
(3) Each application for certification must be accompanied by a 14
payment of a $1,000 fee for each type or model of vapor product 15
containing nicotine the first time an annual certification form is 16
delivered to the board and a payment of a $500 fee for each type or 17
model of vapor product containing nicotine the second and each 18
subsequent time an annual certification form is delivered to the 19
board. 20
(4) A manufacturer may not cause to be sold at retail in this 21
state any type or model of vapor product containing nicotine not 22
included in the application under this section without first:23
(a) Filing an amended certification form in a form and manner 24
prescribed by the board; and 25
(b) Paying the appropriate fee under subsection (3) of this 26
section. 27
(5) Upon receipt of an application in proper form and payment of 28
the fee, the board shall issue a certification to the applicant, 29
except as provided in subsection (7) of this section. A certification 30
is not assignable, is valid only for the person in whose name it is 31
issued, and is continuously valid unless suspended, canceled, or 32
revoked by the board. 33
(6) A manufacturer who is certified under this section shall have 34
established sufficient contact with this state for the exercise of 35
personal jurisdiction over the manufacturer in any matter or issue 36
arising under this chapter or chapter 82.25 RCW. 37
(7) After notice and an opportunity for a hearing, the board may 38
suspend, cancel, or revoke any certification for a violation of this 39
chapter, chapter 82.25 RCW, or a rule of the board.40
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(8) The board may adopt rules to implement this section and 1
sections 12 and 13 of this act. 2
NEW SECTION. Sec. 12. A new section is added to chapter 70.345 3
RCW to read as follows: 4
(1) Any nonresident or foreign manufacturer that has not 5
registered to do business in the state as a foreign corporation or 6
business entity must, as a condition precedent to being certified 7
under section 11 of this act, submit to the board a surety bond or 8
other cash security payable to the state of Washington in the amount 9
of $25,000. The bond must be posted by a corporate surety located 10
within the United States. 11
(2) The bond under subsection (1) of this section must be 12
conditioned on the performance by the manufacturer of all 13
requirements and obligations imposed by this section. A surety on a 14
manufacturer's bond is liable up to the amount of the bond and the 15
state may execute on the surety bond for the payment of fines and 16
penalties imposed on the manufacturer under this chapter and for the 17
costs of seizure and destruction of products sold in violation of 18
this chapter or chapter 82.25 RCW. If the state executes on the 19
surety bond, it may require the manufacturer to provide an additional 20
bond as a condition precedent for the manufacturer to remain 21
certified. 22
(3) A surety on a bond furnished by a manufacturer as provided in 23
this section must be released and discharged from liability to the 24
state accruing on the bond after 60 days from the date upon which the 25
surety has filed with the board a written request to be released and 26
discharged. This subsection does not operate to relieve, release, or 27
discharge the surety from liability already accrued or that accrues 28
before the expiration of the 60-day period. The board must, upon 29
receiving a request under this subsection, notify the manufacturer 30
who furnished the bond. The board must revoke the certification of a 31
manufacturer unless the manufacturer files a new bond with the board 32
before the expiration of the 60-day period, with the surety approved 33
by and acceptable to the board. 34
NEW SECTION. Sec. 13. A new section is added to chapter 70.345 35
RCW to read as follows: 36
(1) Any nonresident manufacturer of vapor products containing 37
nicotine that has not registered to do business in the state of 38
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Washington as a foreign corporation or business entity shall, as a 1
condition precedent to being certified under section 11 of this act, 2
appoint and continually engage without interruption the services of 3
an agent in the state of Washington to act as agent for the service 4
of process on whom all process, and any action or proceeding against 5
such manufacturer concerning or arising out of the enforcement of 6
this chapter or chapter 82.25 RCW, may be served in any manner 7
authorized by law. 8
(2) The manufacturer must provide notice to the board at least 30 9
calendar days prior to the termination of the authority of an agent 10
and shall further provide proof to the satisfaction of the board of 11
the appointment of a new agent no less than five calendar days before 12
the termination of an existing agent appointment. If an agent 13
terminates an agency appointment, the manufacturer must notify the 14
board of the termination within five calendar days and must include 15
proof to the satisfaction of the board of a new agent.16
Sec. 14. RCW 82.25.030 and 2019 c 445 s 106 are each amended to 17
read as follows: 18
(1) Every manufacturer of vapor products required to be certified 19
under section 11 of this act and every distributor must keep at each 20
place of business complete and accurate records for that place of 21
business, including itemized invoices, of vapor products held, 22
purchased, manufactured, brought in or caused to be brought in from 23
without the state, or shipped or transported to retailers in this 24
state, and of all sales of vapor products made. 25
(2) These records must show the names and addresses of 26
purchasers, the inventory of all vapor products, and other pertinent 27
papers and documents relating to the purchase, sale, or disposition 28
of vapor products. All invoices and other records required by this 29
section to be kept must be preserved for a period of five years from 30
the date of the invoices or other documents or the date of the 31
entries appearing in the records. 32
(3) At any time during usual business hours the department, 33
board, or its duly authorized agents or employees may enter any place 34
of business of a manufacturer required to be certified under section 35
11 of this act or a distributor, without a search warrant, and 36
inspect the premises, the records required to be kept under this 37
chapter, and the vapor products contained therein, to determine 38
whether or not all the provisions of this chapter and section 11 of 39
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this act are being fully complied with. If the department, board, or 1
any of its agents or employees are denied free access or are hindered 2
or interfered with in making such examination, the manufacturer's 3
certification or the registration certificate issued under RCW 4
82.32.030 of the distributor at such premises are subject to 5
revocation by the department, and any licenses issued under chapter 6
70.345, 82.26, or 82.24 RCW are subject to suspension or revocation 7
by the board. 8
Sec. 15. RCW 82.25.035 and 2019 c 445 s 107 are each amended to 9
read as follows: 10
Every person required to be licensed under chapter 70.345 RCW, or 11
certified under section 11 of this act, who sells vapor products to 12
persons other than the ultimate consumer must render with each sale 13
itemized invoices showing the seller's name and address, the 14
purchaser's name and address, the date of sale, and all prices. The 15
person must preserve legible copies of all such invoices for five 16
years from the date of sale. 17
Sec. 16. RCW 82.25.060 and 2019 c 445 s 112 are each amended to 18
read as follows: 19
(1) The department may by rule establish the invoice detail 20
required under RCW 82.25.030 for a distributor or manufacturer and 21
for those invoices required to be provided to retailers under RCW 22
82.25.040. 23
(2) If a retailer fails to keep invoices as required under RCW 24
82.25.040, the retailer is liable for the tax owed on any uninvoiced 25
vapor products but not penalties and interest, except as provided in 26
subsection (3) of this section. 27
(3) If the department finds that the nonpayment of tax by the 28
retailer was willful or if in the case of a second or plural 29
nonpayment of tax by the retailer, penalties and interest must be 30
assessed in accordance with chapter 82.32 RCW. 31
Sec. 17. RCW 82.25.070 and 2019 c 445 s 114 are each amended to 32
read as follows: 33
The board must compile and maintain a current record of the names 34
of all distributors, retailers, and delivery sales licenses under 35
chapter 70.345 RCW and the status of their license or licenses and of 36
the names of all manufacturers certified under section 11 of this 37
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act. The information must be updated on a monthly basis and published 1
on the board's official internet website. This information is not 2
subject to the confidentiality provisions of RCW 82.32.330 and must 3
be disclosed to manufacturers, distributors, retailers, and the 4
general public upon request. 5
Sec. 18. RCW 82.25.075 and 2019 c 445 s 115 are each amended to 6
read as follows: 7
(1) No person engaged in or conducting business as a distributor 8
or retailer in this state or as a manufacturer required to be 9
certified under section 11 of this act may: 10
(a) Make, use, or present or exhibit to the department or the 11
board any invoice for any of the vapor products taxed under this 12
chapter that bears an untrue date or falsely states the nature or 13
quantity of the goods invoiced; or 14
(b) Fail to produce on demand of the department or the board all 15
invoices of all the vapor products taxed under this chapter within 16
five years prior to such demand unless the person can show by 17
satisfactory proof that the nonproduction of the invoices was due to 18
causes beyond the person's control. 19
(2)(a) No person, other than a licensed distributor, retailer or 20
delivery sales licensee, or manufacturer's representative, may 21
transport vapor products for sale in this state for which the taxes 22
imposed under this chapter have not been paid unless:23
(i) Notice of the transportation has been given as required under 24
RCW 82.25.065; 25
(ii) The person transporting the vapor products actually 26
possesses invoices or delivery tickets showing the true name and 27
address of the consignor or seller, the true name and address of the 28
consignee or purchaser, and the quantity and brands of vapor products 29
being transported; and 30
(iii) The vapor products are consigned to or purchased by a 31
person in this state who is licensed under chapter 70.345 RCW.32
(b) A violation of this subsection (2) is a gross misdemeanor.33
(3) Any person licensed under chapter 70.345 RCW as a 34
distributor, and any person licensed under chapter 70.345 RCW as a 35
retailer, may not operate in any other capacity unless the additional 36
appropriate license is first secured, except as otherwise provided by 37
law. A violation of this subsection (3) is a misdemeanor.38
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(4) The penalties provided in this section are in addition to any 1
other penalties provided by law for violating the provisions of this 2
chapter or the rules adopted under this chapter. 3
(5) This section does not apply to a motor carrier or freight 4
forwarder as defined in Title 49 U.S.C. Sec. 13102 or an air carrier 5
as defined in Title 49 U.S.C. Sec. 40102. 6
PART IV7
VAPOR PRODUCT EXTENDED PRODUCER RESPONSIBILITY8
NEW SECTION. Sec. 19. (1) The department of ecology, in 9
consultation with the liquor and cannabis board and other agencies 10
the department deems appropriate, shall study policy options and the 11
feasibility of the state requiring manufacturers of vapor products 12
sold in Washington to participate in a stewardship organization with 13
a plan approved by the department to provide for the collection, 14
transportation, recycling, and disposal of vapor products and their 15
component parts.16
(2) Policies examined under this section must include:17
(a) How producers will fully finance the collection, 18
transportation, recycling, and disposal of vapor products sold for 19
use in Washington; 20
(b) A provision for the collection of products at each retail 21
outlet operated by a person licensed as a vapor product retailer;22
(c) Methods for collection, transportation, recycling, and 23
disposal of vapor products collected by the stewardship organization;24
(d) A plan for education and outreach by the stewardship 25
organization to vapor product retail license holders;26
(e) A plan for education and outreach by the stewardship 27
organization to consumers regarding the opportunities provided by the 28
stewardship organization for the end-of-life management of vapor 29
products; and 30
(f) Performance goals for the collection and recycling of vapor 31
products and their constituent parts, and a plan for measuring the 32
operations of the program relative to those performance goals.33
(3) The department of ecology shall submit a report on its study 34
and results to the governor and the appropriate committees of the 35
legislature by November 1, 2027. 36
(4) This section expires December 1, 2027. 37
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PART V1
DEPARTMENT OF AGRICULTURE TESTING AUTHORITY2
Sec. 20. RCW 70.345.160 and 2023 c 398 s 7 are each amended to 3
read as follows: 4
(1) The board must have, in addition to the board's other powers 5
and authorities, the authority to enforce the provisions of this 6
chapter. 7
(2) The board and the board's authorized agents or employees have 8
full power and authority to enter any place of business where vapor 9
products are sold for the purpose of enforcing the provisions of this 10
chapter. 11
(3)(a) For the purpose of enforcing the provisions of this 12
chapter, an enforcement officer of the board who has reasonable 13
grounds to believe a person observed by the officer in proximity to a 14
retailer licensee under this chapter and chapter 82.25 RCW who is 15
purchasing, attempting to purchase, or in possession of vapor 16
products is under ((eighteen)) 18 years of age, may detain such 17
person in proximity to such retailer for a reasonable period of time 18
and in such a reasonable manner as is necessary to determine the 19
person's true identity and date of birth. Further, vapor products 20
possessed by persons under ((eighteen)) 18 years of age are 21
considered contraband and may be seized by an enforcement officer of 22
the board. 23
(b) Any enforcement officer who detains a person for the purpose 24
of enforcing the provisions of this chapter and RCW 26.28.080 and 25
82.24.500 must collect the following information for each fiscal year 26
since 2018: 27
(i) The total number of interactions where an enforcement officer 28
detained a person; 29
(ii) Information on the nature of each interaction, including the 30
duration of the interaction, the justification for the interaction, 31
the number of such persons who were under 18 years of age, the number 32
of such persons who were over 18 but under 21 years of age, and 33
whether any citation or warning was issued; 34
(iii) How many interactions converted to administrative violation 35
notices; and 36
(iv) How many of the interactions and administrative violation 37
notices converted to retailer education and violations.38
p. 17 HB 2439
(c) The board must compile the information collected pursuant to 1
(b) of this subsection, along with any associated demographic data in 2
the possession of the board, and conduct a comparative analysis of 3
all interactions of enforcement officers with persons detained for 4
the purpose of enforcing Title 66 RCW and chapter 69.50 RCW into a 5
statewide report and provide the report to the appropriate committees 6
of the legislature by December 1, 2023, and annually thereafter.7
(d) All enforcement officers of the board who enforce the 8
provisions of this section and will have interactions with persons 9
under the age of 18 years old must begin receiving training from the 10
United States department of justice office of juvenile justice and 11
delinquency prevention prior to July 1, 2024. 12
(e) For the purposes of this subsection, "proximity" means 100 13
feet or less. 14
(4) The board may work with local county health departments or 15
districts and local law enforcement agencies to conduct random, 16
unannounced, inspections to assure compliance. 17
(5) The board, law enforcement, or a local health department may, 18
with parental authorization, include persons under the age of 18 in 19
compliance activities. 20
(6) Upon a determination by the secretary of health or a local 21
health jurisdiction that a vapor product may be injurious to human 22
health or poses a significant risk to public health:23
(a) The board, in consultation with the department of health and 24
local county health jurisdictions, may cause a vapor product 25
substance or solution sample, purchased or obtained from any vapor 26
product retailer, distributor, or delivery sale licensee, to be 27
analyzed by an analyst appointed or designated by the board;28
(b) If the analyzed vapor product contains an ingredient, 29
substance, or solution present in quantities injurious to human 30
health or posing a significant risk to public health, as determined 31
by the secretary of health or a local health jurisdiction, the board 32
may suspend the license of the retailer or delivery sale licensee 33
unless the retailer or delivery sale licensee agrees to remove the 34
product from sales; and 35
(c) If upon a finding from the secretary of health or local 36
health jurisdiction that the vapor product poses an injurious risk to 37
public health or significant public health risk, the retailer or 38
delivery sale licensee does not remove the product from sale, the 39
secretary of health or local health officer may file for an 40
p. 18 HB 2439
injunction in superior court prohibiting the sale or distribution of 1
that specific vapor product substance or solution. 2
(7) Nothing in subsection (6) of this section permits a total ban 3
on the sale or use of vapor products. 4
(8)(a) In addition to the authority of any other state or local 5
agency or local health jurisdiction to analyze a vapor product 6
substance or solution, the department of agriculture may perform 7
laboratory tests and analyze any vapor product substance or solution 8
obtained by the department of health, the board, the department of 9
agriculture, another state agency, or a local health jurisdiction.10
(b) Nothing in this subsection (8) requires testing of a vapor 11
product substance or solution by the department of agriculture.12
PART VI13
AGE VERIFICATIONS14
Sec. 21. RCW 70.155.090 and 2006 c 14 s 4 are each amended to 15
read as follows: 16
(1) ((Where there may be a question of a person's right to 17
purchase or obtain tobacco products by reason of age, the )) A 18
retailer or agent ((thereof,)) shall require the purchaser of a 19
tobacco product or vapor product to present any one of the following 20
officially issued identification that shows the purchaser's age and 21
bears his or her signature and photograph: (a) Liquor control 22
authority card of identification of a state or province of Canada; 23
(b) driver's license, instruction permit, or identification card of a 24
state or province of Canada; (c) "identicard" issued by the 25
Washington state department of licensing under chapter 46.20 RCW; (d) 26
United States military identification; (e) passport; (f) enrollment 27
card, issued by the governing authority of a federally recognized 28
Indian tribe located in Washington, that incorporates security 29
features comparable to those implemented by the department of 30
licensing for Washington drivers' licenses. At least ((ninety)) 90 31
days prior to implementation of an enrollment card under this 32
subsection, the appropriate tribal authority shall give notice to the 33
board. The board shall publish and communicate to licensees regarding 34
the implementation of each new enrollment card; or (g) merchant 35
marine identification card issued by the United States coast guard.36
(2) It is a defense to a prosecution under RCW 26.28.080 that the 37
person making a sale reasonably relied on any of the officially 38
p. 19 HB 2439
issued identification as defined in subsection (1) of this section. 1
The ((liquor control)) board shall waive the suspension or revocation 2
of a license if the licensee clearly establishes that he or she acted 3
in good faith to prevent violations and a violation occurred despite 4
the licensee's exercise of due diligence. 5
Sec. 22. RCW 70.345.120 and 2016 sp.s. c 38 s 15 are each 6
amended to read as follows: 7
(1) ((When there may be a question of a person's right to 8
purchase or obtain vapor products by reason of age )) Before 9
completing a transaction for the sale of vapor products , the retailer 10
or agent thereof, must require the purchaser to present any one of 11
the following officially issued forms of identification that shows 12
the purchaser's age and bears his or her signature and photograph: 13
(a) Liquor control authority card of identification of a state or 14
province of Canada; (b) driver's license, instruction permit, or 15
identification card of a state or province of Canada; (c) 16
"identicard" issued by the Washington state department of licensing 17
under chapter 46.20 RCW; (d) United States military identification; 18
(e) passport; (f) enrollment card, issued by the governing authority 19
of a federally recognized Indian tribe located in Washington, that 20
incorporates security features comparable to those implemented by the 21
department of licensing for Washington drivers' licenses. At least 22
((ninety)) 90 days prior to implementation of an enrollment card 23
under this subsection, the appropriate tribal authority must give 24
notice to the board. The board must publish and communicate to 25
licensees regarding the implementation of each new enrollment card; 26
or (g) merchant marine identification card issued by the United 27
States coast guard. 28
(2) It is a defense to a prosecution under RCW 26.28.080 that the 29
person making a sale reasonably relied on any of the officially 30
issued identification as defined in subsection (1) of this section. 31
The board must waive the suspension or revocation of a license if the 32
licensee clearly establishes that he or she acted in good faith to 33
prevent violations and a violation occurred despite the licensee's 34
exercise of due diligence. 35
PART VII36
PRODUCT PROHIBITIONS, TRIBAL RETAILERS, AND THE CONSUMER PROTECTION 37
ACT38
p. 20 HB 2439
NEW SECTION. Sec. 23. A new section is added to chapter 70.345 1
RCW to read as follows: 2
(1) Beginning January 1, 2027, no vapor product retailer, 3
delivery sale licensee, distributor, or other person may sell, offer 4
for sale, display, market, or advertise for sale in this state, any 5
entertainment vapor product. 6
(2) For purposes of this section, "entertainment vapor product" 7
means any vapor product that has interactive gaming or entertainment 8
features including, but not limited to, allowing a user to play music 9
or audio, display photos or video, play virtual games, or display 10
other animations on the device. 11
NEW SECTION. Sec. 24. A new section is added to chapter 70.345 12
RCW to read as follows: 13
Beginning January 1, 2027, no vapor product retailer, delivery 14
sale licensee, distributor, or other person may market, promote, 15
label, brand, advertise, distribute, offer for sale, or sell a vapor 16
product in this state by: 17
(1) Imitating a product that is not a vapor product, including 18
but not limited to: 19
(a) A food or brand of food commonly marketed to minors 20
including, but not limited to, candy, desserts, and beverages;21
(b) School supplies commonly used by minors including, but not 22
limited to, erasers, highlighters, pens, and pencils; and23
(c) A product based on or depicting a character, personality, or 24
symbol known to appeal to minors including, but not limited to, a 25
celebrity, a character in a comic book, movie, television show, or 26
video game, or a mythical creature; 27
(2) Attempting to conceal the nature of the vapor product from 28
parents, teachers, or other adults; or 29
(3) Using terms for, describing, or depicting any product 30
described in subsection (1) of this section. 31
NEW SECTION. Sec. 25. A new section is added to chapter 70.345 32
RCW to read as follows: 33
In recognition of the sovereign authority of tribal governments, 34
the governor may seek government-to-government negotiations with 35
federally recognized Indian tribes regarding prohibiting the sale and 36
offer for sale of any entertainment vapor product and vapor products 37
identified in section 24 of this act, and the display, marketing, or 38
p. 21 HB 2439
advertising for sale of such products, in compacts entered into under 1
RCW 43.06.505 through 43.06.515. 2
NEW SECTION. Sec. 26. A new section is added to chapter 70.345 3
RCW to read as follows: 4
The legislature finds that the practices covered by sections 23 5
and 24 of this act are matters vitally affecting the public interest 6
for the purpose of applying the consumer protection act, chapter 7
19.86 RCW. A violation of sections 23 or 24 of this act is not 8
reasonable in relation to the development and preservation of 9
business and is an unfair or deceptive act in trade or commerce and 10
an unfair method of competition for the purpose of applying the 11
consumer protection act, chapter 19.86 RCW. 12
PART VIII13
PENALTIES14
Sec. 27. RCW 70.155.100 and 2023 c 398 s 4 are each amended to 15
read as follows: 16
(1) The ((liquor and cannabis )) board may suspend or revoke a 17
retailer's license issued under RCW 82.24.510(1)(b) or 18
82.26.150(1)(b) held by a business at any location, or may impose a 19
monetary penalty as set forth in subsection (3) of this section, if 20
the ((liquor and cannabis )) board finds that the licensee has 21
violated RCW 26.28.080, 70.155.020, 70.155.030, 70.155.040, 22
70.155.050, 70.155.070, ((or)) 70.155.090, or section 23 or 24 of 23
this act. 24
(2) Any retailer's licenses issued under RCW 70.345.020 to a 25
person whose license or licenses under chapter 82.24 or 82.26 RCW 26
have been suspended or revoked for violating RCW 26.28.080, or 27
section 23 or 24 of this act, must also be suspended or revoked 28
during the period of suspension or revocation under this section.29
(3) The sanctions that the ((liquor and cannabis )) board may 30
impose against a person licensed under RCW 82.24.530 or 82.26.170 31
based upon one or more findings under subsection (1) of this section 32
may not exceed the following: 33
(a) For violations of RCW 70.155.020 or 21 C.F.R. Sec. 1140.14, 34
and for violations of RCW 70.155.040 occurring on the licensed 35
premises: 36
p. 22 HB 2439
(i) A monetary penalty of $200 for the first violation within any 1
three-year period; 2
(ii) A monetary penalty of $600 for the second violation within 3
any three-year period; 4
(iii) A monetary penalty of $2,000 and suspension of the license 5
for a period of six months for the third violation within any three-6
year period; 7
(iv) A monetary penalty of $3,000 and suspension of the license 8
for a period of 12 months for the fourth violation within any three-9
year period; 10
(v) Revocation of the license with no possibility of 11
reinstatement for a period of five years for the fifth or more 12
violation within any three-year period; 13
(b) For violations of RCW 26.28.080, or section 23 or 24 of this 14
act: 15
(i) A monetary penalty of $1,000 for the first violation within 16
any three-year period; 17
(ii) A monetary penalty of $2,500 for the second violation within 18
any three-year period; 19
(iii) A monetary penalty of $5,000 and suspension of the license 20
for a period of six months for the third violation within any three-21
year period; 22
(iv) A monetary penalty of $10,000 and suspension of the license 23
for a period of 12 months for the fourth violation within any three-24
year period; 25
(v) Revocation of the license with no possibility of 26
reinstatement for a period of five years for the fifth or more 27
violation within any three-year period; 28
(c) If the board finds that a person licensed under chapter 82.24 29
or 82.26 RCW and RCW 70.345.020 has violated RCW 26.28.080, or 30
section 23 or 24 of this act, each subsequent violation of either of 31
the person's licenses counts as an additional violation within that 32
three-year period; 33
(d) For violations of RCW 70.155.030, a monetary penalty in the 34
amount of $100 for each day upon which such violation occurred;35
(e) For violations of RCW 70.155.050, a monetary penalty in the 36
amount of $600 for each violation; 37
(f) For violations of RCW 70.155.070, a monetary penalty in the 38
amount of $2,000 for each violation. 39
p. 23 HB 2439
(4) The ((liquor and cannabis )) board may impose a monetary 1
penalty upon any person other than a licensed cigarette or tobacco 2
product retailer if the ((liquor and cannabis )) board finds that the 3
person has violated RCW 26.28.080, 70.155.020, 70.155.030, 4
70.155.040, 70.155.050, 70.155.070, or 70.155.090. 5
(5) The monetary penalty that the ((liquor and cannabis )) board 6
may impose based upon one or more findings under subsection (4) of 7
this section may not exceed the following: 8
(a) For violation of RCW 26.28.080 or 70.155.020, $100 for the 9
first violation and $200 for each subsequent violation;10
(b) For violations of RCW 70.155.030, $200 for each day upon 11
which such violation occurred; 12
(c) For violations of RCW 70.155.040, $200 for each violation;13
(d) For violations of RCW 70.155.050, $600 for each violation;14
(e) For violations of RCW 70.155.070, $2,000 for each violation.15
(6) The ((liquor and cannabis )) board may develop and offer a 16
class for retail clerks and use this class in lieu of a monetary 17
penalty for the clerk's first violation. 18
(7) The ((liquor and cannabis )) board may issue a cease and 19
desist order to any person who is found by the ((liquor and 20
cannabis)) board to have violated or intending to violate the 21
provisions of this chapter, RCW 26.28.080, 82.24.500, or 82.26.190 22
requiring such person to cease specified conduct that is in 23
violation. The issuance of a cease and desist order does not preclude 24
the imposition of other sanctions authorized by this statute or any 25
other provision of law. 26
(8) The ((liquor and cannabis )) board may seek injunctive relief 27
to enforce the provisions of RCW 26.28.080, 82.24.500, 82.26.190 or 28
this chapter. The ((liquor and cannabis )) board may initiate legal 29
action to collect civil penalties imposed under this chapter if the 30
same have not been paid within ((thirty)) 30 days after imposition of 31
such penalties. In any action filed by the ((liquor and cannabis )) 32
board under this chapter, the court may, in addition to any other 33
relief, award the ((liquor and cannabis)) board reasonable attorneys' 34
fees and costs. 35
(9) All proceedings under subsections (1) through (7) of this 36
section shall be conducted in accordance with chapter 34.05 RCW.37
(10) The ((liquor and cannabis)) board may reduce or waive either 38
the penalties or the suspension or revocation of a license, or both, 39
as set forth in this chapter where the elements of proof are 40
p. 24 HB 2439
inadequate or where there are mitigating circumstances. Mitigating 1
circumstances may include, but are not limited to, an exercise of due 2
diligence by a retailer. Further, the board may exceed penalties set 3
forth in this chapter based on aggravating circumstances.4
Sec. 28. RCW 70.345.180 and 2016 sp.s. c 38 s 22 are each 5
amended to read as follows: 6
(1) The board may impose a monetary penalty as set forth in 7
subsection (2) of this section, if the board finds that the licensee 8
has violated RCW 26.28.080, or section 23 or 24 of this act, or any 9
other provision of this chapter. 10
(2) Subject to subsection (3) of this section, the sanctions that 11
the board may impose against a person licensed under this chapter 12
based upon one or more findings under subsection (1) of this section 13
may not exceed the following: 14
(a) A monetary penalty of ((two hundred dollars )) $1,000 for the 15
first violation within any three-year period; 16
(b) A monetary penalty of ((six hundred dollars )) $2,500 for the 17
second violation within any three-year period; 18
(c) A monetary penalty of ((two thousand dollars)) $5,000 for the 19
third violation within any three-year period and suspension of the 20
license for a period of six months for the third violation of RCW 21
26.28.080, or section 23 or 24 of this act, within any three-year 22
period; 23
(d) A monetary penalty of ((three thousand dollars )) $10,000 for 24
the fourth or subsequent violation within any three-year period and 25
suspension of the license for a period of ((twelve)) 12 months for 26
the fourth violation of RCW 26.28.080, or section 23 or 24 of this 27
act, within any three-year period; 28
(e) Revocation of the license with no possibility of 29
reinstatement for a period of five years for the fifth or more 30
violation within any three-year period. 31
(3) If the board finds that a person licensed under this chapter 32
and chapter 82.24 or 82.26 RCW has violated RCW 26.28.080, or section 33
23 or 24 of this act, each subsequent violation of either of the 34
person's licenses counts as an additional violation within that 35
three-year period. 36
(4) Any retailer's licenses issued under chapter 82.24 or 82.26 37
RCW to a person whose vapor product retailer's license or licenses 38
have been suspended or revoked for violating RCW 26.28.080, or 39
p. 25 HB 2439
section 23 or 24 of this act, must also be suspended or revoked 1
during the period of suspension or revocation under this section.2
(5) The board may impose a monetary penalty upon any person other 3
than a licensed retailer if the board finds that the person has 4
violated RCW 26.28.080. 5
(6) The monetary penalty that the board may impose based upon one 6
or more findings under subsection (5) of this section may not exceed 7
((fifty dollars )) $50 for the first violation and ((one hundred 8
dollars)) $100 for each subsequent violation. 9
(7) The board may develop and offer a class for retail clerks and 10
use this class in lieu of a monetary penalty for the clerk's first 11
violation. 12
(8) The board may issue a cease and desist order to any person 13
who is found by the board to have violated or ((intending [intends])) 14
intends to violate the provisions of this chapter or RCW 26.28.080, 15
requiring such person to cease specified conduct that is in 16
violation. The issuance of a cease and desist order does not preclude 17
the imposition of other sanctions authorized by this statute or any 18
other provision of law. 19
(9) The board may seek injunctive relief to enforce the 20
provisions of RCW 26.28.080 or this chapter. The board may initiate 21
legal action to collect civil penalties imposed under this chapter if 22
the same have not been paid within ((thirty)) 30 days after 23
imposition of such penalties. In any action filed by the board under 24
this chapter, the court may, in addition to any other relief, award 25
the board reasonable attorneys' fees and costs. 26
(10) All proceedings under subsections (1) through (8) of this 27
section must be conducted in accordance with chapter 34.05 RCW.28
(11) The board may reduce or waive either the penalties or the 29
suspension or revocation of a license, or both, as set forth in this 30
chapter where the elements of proof are inadequate or where there are 31
mitigating circumstances. Mitigating circumstances may include, but 32
are not limited to, an exercise of due diligence by a retailer. 33
Further, the board may exceed penalties set forth in this chapter 34
based on aggravating circumstances. 35
PART IX36
LICENSE FEES37
p. 26 HB 2439
Sec. 29. RCW 70.345.040 and 2016 sp.s. c 38 s 7 are each amended 1
to read as follows: 2
A fee of ((one hundred fifty dollars )) $1,000 must accompany each 3
vapor product distributor's license application or license renewal 4
application under RCW 70.345.020. If a distributor sells or intends 5
to sell vapor products at two or more places of business, whether 6
established or temporary, a separate license with a license fee of 7
((one hundred dollars )) $1,000 is required for each additional place 8
of business. 9
Sec. 30. RCW 70.345.050 and 2016 sp.s. c 38 s 8 are each amended 10
to read as follows: 11
(((1))) A fee of ((one hundred seventy-five dollars )) $1,000 must 12
accompany each vapor product retailer's license application or 13
license renewal application under RCW 70.345.020. A separate license 14
is required for each separate location at which the retailer 15
operates. 16
(((2) A retailer applying for, or renewing, both a vapor products 17
retailer's license under RCW 70.345.020 and retailer's license under 18
RCW 82.24.510 may pay a combined application fee of two hundred fifty 19
dollars for both licenses.))20
Sec. 31. RCW 70.345.060 and 2016 sp.s. c 38 s 10 are each 21
amended to read as follows: 22
A fee of ((two hundred fifty dollars )) $1,000 must accompany each 23
vapor product delivery sale license application or license renewal 24
application under RCW 70.345.020. 25
Sec. 32. RCW 82.24.520 and 2013 c 144 s 51 are each amended to 26
read as follows: 27
A fee of ((six hundred fifty dollars )) $1,000 must accompany each 28
wholesaler's license application or license renewal application. If a 29
wholesaler sells or intends to sell cigarettes at two or more places 30
of business, whether established or temporary, a separate license 31
with a license fee of ((one hundred fifteen dollars )) $1,000 is 32
required for each additional place of business. Each license, or 33
certificate thereof, and such other evidence of license as the 34
department of revenue requires, must be exhibited in the place of 35
business for which it is issued and in such manner as is prescribed 36
for the display of a business license issued under chapter 19.02 RCW. 37
p. 27 HB 2439
The board must require each licensed wholesaler to file with the 1
department of revenue a bond in an amount not less than ((one 2
thousand dollars)) $1,000 to guarantee the proper performance of the 3
duties and the discharge of the liabilities under this chapter. The 4
bond must be executed by such licensed wholesaler as principal, and 5
by a corporation approved by the department of revenue and authorized 6
to engage in business as a surety company in this state, as surety. 7
The bond must run concurrently with the wholesaler's license.8
Sec. 33. RCW 82.24.530 and 2016 sp.s. c 38 s 9 are each amended 9
to read as follows: 10
(((1))) A fee of ((one hundred seventy-five dollars )) $1,000 must 11
accompany each retailer's license application or license renewal 12
application. A separate license is required for each separate 13
location at which the retailer operates. A fee of ((thirty additional 14
dollars)) an additional $200 for each vending machine must accompany 15
each application or renewal for a license issued to a retail dealer 16
operating a cigarette vending machine. An additional fee of ((ninety-17
three dollars)) $500 must accompany each application or renewal for a 18
license issued to a retail dealer operating a cigarette-making 19
machine. 20
(((2) A retailer applying for, or renewing, both a retailer's 21
license under RCW 82.24.510 and a vapor products retailer's license 22
under RCW 70.345.020 may pay a combined application fee of two 23
hundred fifty dollars for both licenses.))24
Sec. 34. RCW 82.26.160 and 2005 c 180 s 12 are each amended to 25
read as follows: 26
(1) A fee of ((six hundred fifty dollars )) $1,000 shall accompany 27
each distributor's license application or license renewal 28
application. If a distributor sells or intends to sell tobacco 29
products at two or more places of business, whether established or 30
temporary, a separate license with a license fee of ((one hundred 31
fifteen dollars)) $1,000 shall be required for each additional place 32
of business. 33
(2) The fees imposed under subsection (1) of this section do not 34
apply to any person applying for a distributor's license or for 35
renewal of a distributor's license if the person has a valid 36
wholesaler's license under RCW 82.24.510 for the place of business 37
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associated with the distributor's license application or license 1
renewal application. 2
Sec. 35. RCW 82.26.170 and 2016 sp.s. c 38 s 28 are each amended 3
to read as follows: 4
(1) A fee of ((one hundred seventy-five dollars )) $1,000 shall 5
accompany each retailer's license application or license renewal 6
application. A separate license is required for each separate 7
location at which the retailer operates. 8
(2) The fee imposed under subsection (1) of this section does not 9
apply to any person applying for a retailer's license or for renewal 10
of a retailer's license if the person has a valid retailer's license 11
under RCW 82.24.510 for the place of business associated with the 12
retailer's license application or renewal application.13
(((3) A retailer applying for, or renewing, both a retailer's 14
license under RCW 82.26.170 and a vapor products retailer's license 15
under RCW 70.345.020 may pay a combined application fee of two 16
hundred fifty dollars for both licenses.))17
PART X18
PROHIBITION ON DISCOUNTS19
NEW SECTION. Sec. 36. A new section is added to chapter 70.155 20
RCW to read as follows: 21
(1) Cigarette retailers must sell cigarettes at or above the 22
licensee's acquisition cost. 23
(2) Tobacco product retailers must sell tobacco products at or 24
above the licensee's acquisition cost. 25
(3) In accordance with section 40 of this act, vapor product 26
retailers and delivery sellers must sell vapor products at or above 27
the licensee's acquisition cost. 28
NEW SECTION. Sec. 37. A new section is added to chapter 70.345 29
RCW to read as follows: 30
(1) Vapor product retailers and delivery sellers must sell vapor 31
products at or above the licensee's acquisition cost.32
(2) Nothing in this section prohibits a retailer from offering a 33
tasting of vapor products in accordance with RCW 70.345.100.34
PART XI35
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PROHIBITION ON COUPONS1
Sec. 38. RCW 70.155.070 and 1993 c 507 s 8 are each amended to 2
read as follows: 3
No person shall give or distribute cigarettes or other tobacco 4
products to a person by a coupon ((if such coupon is redeemed in any 5
manner that does not require an in-person transaction in a retail 6
store)). 7
Sec. 39. RCW 70.345.110 and 2016 sp.s. c 38 s 20 are each 8
amended to read as follows: 9
(((1))) No person may give or distribute vapor products to a 10
person ((free of charge)) by a coupon((, unless the vapor product was 11
provided to the person as a contingency of prior or the same purchase 12
as part of an in-person transaction or delivery sale.13
(2) This section does not prohibit the use of coupons to receive 14
a discount on a vapor product as part of an in-person transaction or 15
delivery sale)). 16
PART XII17
PROHIBITION ON FREE PRODUCTS18
NEW SECTION. Sec. 40. A new section is added to chapter 70.155 19
RCW to read as follows: 20
It is unlawful for a person to provide any free item or product 21
to a customer as part of a transaction for the sale of cigarettes, 22
tobacco products, or vapor products. 23
NEW SECTION. Sec. 41. A new section is added to chapter 70.345 24
RCW to read as follows: 25
In accordance with section 36 of this act, it is unlawful for a 26
person to provide any free item or product to a customer as part of a 27
transaction for the sale of vapor products. 28
PART XIII29
REMOVING LOCAL PREEMPTION30
Sec. 42. RCW 70.155.130 and 1993 c 507 s 14 are each amended to 31
read as follows: 32
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((This)) Nothing in this chapter preempts political subdivisions 1
from adopting or enforcing requirements for the licensure and 2
regulation of tobacco product promotions and sales ((within retail 3
stores, except that political subdivisions that have adopted 4
ordinances prohibiting sampling by January 1, 1993, may continue to 5
enforce these ordinances. No political subdivision may: (1) Impose 6
fees or license requirements on retail businesses for possessing or 7
selling cigarettes or tobacco products, other than general business 8
taxes or license fees not primarily levied on tobacco products; or 9
(2) regulate or prohibit activities covered by RCW 70.155.020 through 10
70.155.080. This chapter does not otherwise preempt political 11
subdivisions from adopting ordinances regulating the sale, purchase, 12
use, or promotion of tobacco products not inconsistent with chapter 13
507, Laws of 1993)). 14
Sec. 43. RCW 70.345.210 and 2016 sp.s. c 38 s 3 are each amended 15
to read as follows: 16
(1) ((This)) Nothing in this chapter preempts political 17
subdivisions from adopting or enforcing requirements for the 18
licensure and regulation of vapor product promotions and sales ((at 19
retail. No political subdivision may impose fees or license 20
requirements on retail outlets for possessing or selling vapor 21
products, other than general business taxes or license fees not 22
primarily levied on such products)). 23
(2) No political subdivision may regulate the use of vapor 24
products in outdoor public places, unless the public place is an area 25
where children congregate, such as schools, playgrounds, and parks.26
(3) Subject to RCW 70.345.150, political subdivisions may 27
regulate the use of vapor products in indoor public places.28
PART XIV29
TOBACCO PRODUCTS TAX30
Sec. 44. RCW 82.26.020 and 2019 c 445 s 404 are each amended to 31
read as follows: 32
(1) There is levied and collected a tax upon the sale, handling, 33
or distribution of all tobacco products in this state at the 34
following rate: 35
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(a) For cigars except little cigars, ((ninety-five)) 95 percent 1
of the taxable sales price of cigars, not to exceed ((sixty-five)) 65 2
cents per cigar; 3
(b) For all tobacco products except those covered under separate 4
provisions of this subsection, ((ninety-five)) 95 percent of the 5
taxable sales price. The tax imposed on a product under this 6
subsection must be reduced by ((fifty)) 50 percent if that same 7
product is issued a modified risk tobacco product order by the 8
secretary of the United States department of health and human 9
services pursuant to Title 21 U.S.C. Sec. 387k (g)(1), or by ((twenty-10
five)) 25 percent if that same product is issued a modified risk 11
tobacco product order by the secretary of the United States 12
department of health and human services pursuant to Title 21 U.S.C. 13
Sec. 387k (g)(2). The tax reduction applies during the period the 14
modified risk tobacco product order is in effect; 15
(c) For moist snuff, as established in this subsection (1)(c) and 16
computed on the net weight listed by the manufacturer:17
(i) On each single unit consumer-sized can or package whose net 18
weight is one and two-tenths ounces or less, a rate per single unit 19
that is equal to the greater of 2.526 dollars or ((eighty-three and 20
one-half)) 83.5 percent of the cigarette tax under chapter 82.24 RCW 21
multiplied by ((twenty)) 20; or 22
(ii) On each single unit consumer-sized can or package whose net 23
weight is more than one and two-tenths ounces, a proportionate tax at 24
the rate established in (c)(i) of this subsection (1) on each ounce 25
or fractional part of an ounce; and 26
(d) For little cigars, an amount per cigar equal to the cigarette 27
tax under chapter 82.24 RCW. 28
(2) Taxes under this section must be imposed at the time the 29
distributor (a) brings, or causes to be brought, into this state from 30
without the state tobacco products for sale, (b) makes, manufactures, 31
fabricates, or stores tobacco products in this state for sale in this 32
state, (c) ships or transports tobacco products to retailers in this 33
state, to be sold by those retailers, or (d) handles for sale any 34
tobacco products that are within this state but upon which tax has 35
not been imposed. 36
(3) ((The)) (a) Except as provided in (b) of this subsection, the 37
moneys collected under this section must be deposited into the state 38
general fund. 39
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(b) The following amounts of moneys collected under this section 1
must be deposited into the following accounts:2
(i) Up to $10,000,000 annually to the Andy Hill cancer research 3
endowment fund match transfer account in accordance with RCW 4
43.348.080;5
(ii) Up to $10,000,000 annually to the foundational public health 6
services account in accordance with RCW 82.25.015; and7
(iii) Up to $20,000,000 annually to the youth tobacco and vapor 8
products prevention account in accordance with RCW 70.155.120.9
Sec. 45. RCW 43.348.080 and 2025 c 199 s 5 are each amended to 10
read as follows: 11
(1) The Andy Hill cancer research endowment fund match transfer 12
account is created in the custody of the state treasury to be used 13
solely and exclusively for the program created in RCW 43.348.040. 14
Moneys in the account may be spent only after appropriation. The 15
purpose of the account is to provide state matching funds and other 16
state appropriations for the fund and administrative costs. 17
Expenditures to fund or reimburse the program administrator are not 18
subject to the requirements of subsection (5) of this section.19
(2) The legislature must appropriate a state match, up to a 20
maximum of ((ten million dollars )) $10,000,000 annually, beginning 21
July 1, 2016, and each July 1st following the end of the fiscal year 22
from tax collections and penalties generated from enforcement of 23
state taxes on cigarettes and other tobacco products by the state 24
liquor and cannabis board or other federal, state or local law or tax 25
enforcement agency, as determined by the department of revenue. Tax 26
collections include any cigarette tax, other tobacco product tax, and 27
retail sales and use tax. Any amounts deposited into this account 28
from the tax imposed under RCW 82.25.010 in excess of the cap 29
provided in this subsection must be deposited into the foundational 30
public health services account created in RCW 82.25.015. To the 31
extent the tax imposed under RCW 82.25.010 and other revenues to the 32
account under subsection (3) of this section results in less than 33
$10,000,000 annually to the Andy Hill cancer research endowment fund 34
match transfer account, the remaining amount to reach $10,000,000 per 35
fiscal year must be deposited into this account from the tobacco 36
products tax in RCW 82.26.020.37
(3) Revenues to the account must consist of deposits into the 38
account, taxes imposed on vapor products under RCW 82.25.010, a 39
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portion of tobacco products taxes as provided in subsection (2) of 1
this section and RCW 82.26.020, legislative appropriations, and any 2
gifts, grants, or donations received by the department for this 3
purpose. 4
(4) Each fiscal biennium, the legislature must appropriate to the 5
department of commerce such amounts as estimated to be the balance of 6
the match transfer account to provide state matching funds.7
(5) Expenditures from the account may be made only upon receipt 8
of proof from the program administrator of committed nonstate or 9
private contributions for cancer research, prevention, or care 10
supported by the match transfer account or advancement of the 11
program. Expenditures from the match transfer account, in the form of 12
matching funds, may not exceed the total amount of committed nonstate 13
or private contributions. 14
(6) The department and board must enter into an appropriate 15
agreement with the program administrator to demonstrate exchange of 16
consideration for the expenditures from the match transfer account 17
that are subject to subsection (5) of this section.18
(7) Moneys expended into the account in fiscal year 2023 pursuant 19
to section 706, chapter 297, Laws of 2022 are not subject to the 20
requirements of subsections (5) and (6) of this section.21
(8) Moneys expended into the match transfer account for the 22
purposes of implementing RCW 43.348.090 are not subject to the 23
requirements of subsections (5) and (6) of this section.24
Sec. 46. RCW 82.25.015 and 2023 c 435 s 9 are each amended to 25
read as follows: 26
The foundational public health services account is created in the 27
state treasury. Half of all of the moneys collected from the tax 28
imposed on vapor products under RCW 66.44.010 must be deposited into 29
the account. To the extent moneys collected from the tax imposed on 30
vapor products results in less than $10,000,000 annually to the 31
foundational public health services account, the remaining amount to 32
reach $10,000,000 per fiscal year must be deposited into the account 33
from the tobacco products tax in RCW 82.26.020. Moneys in the account 34
may be spent only after appropriation. Moneys in the account are to 35
be used to fund foundational health services. 36
Sec. 47. RCW 70.155.120 and 2023 c 398 s 6 are each amended to 37
read as follows: 38
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(1) The youth tobacco and vapor products prevention account is 1
created in the state treasury. All fees collected pursuant to RCW 2
70.155.100(3)(b), 82.24.520, 82.24.530, 82.26.160, and 82.26.170 and 3
funds collected by the board from the imposition of monetary 4
penalties shall be deposited into this account, except that 10 5
percent of all such fees and penalties shall be deposited in the 6
state general fund. To the extent moneys collected in this account 7
from such fees and monetary penalties results in less than 8
$20,000,000 annually to the youth tobacco and vapor products 9
prevention account, the remaining amount to reach $20,000,000 per 10
fiscal year must be deposited into the account from the tobacco 11
products tax in RCW 82.26.020.12
(2) Moneys appropriated from the youth tobacco and vapor products 13
prevention account to the department of health shall be used by the 14
department of health for implementation of this chapter, including 15
collection and reporting of data regarding enforcement and the extent 16
to which access to tobacco products and vapor products by youth has 17
been reduced. 18
(3) The department of health shall enter into interagency 19
agreements with the board to pay the costs incurred, up to 30 percent 20
of available funds, in carrying out its enforcement responsibilities 21
under this chapter. Such agreements shall set forth standards of 22
enforcement, consistent with the funding available, so as to reduce 23
the extent to which tobacco products and vapor products are available 24
to individuals under the age of 21. The agreements shall also set 25
forth requirements for data reporting by the board regarding its 26
enforcement activities. During the 2019-2021 fiscal biennium, the 27
department of health shall pay the costs incurred, up to 23 percent 28
of available funds, in carrying out its enforcement responsibilities.29
(4) The department of health, the board, and the department of 30
revenue shall enter into an interagency agreement for payment of the 31
cost of administering the tobacco retailer licensing system and for 32
the provision of quarterly documentation of tobacco wholesaler, 33
retailer, and vending machine names and locations.34
(5) The department of health shall, within up to 70 percent of 35
available funds, provide grants to local health departments or other 36
local community agencies to develop and implement coordinated tobacco 37
and vapor product intervention strategies to prevent and reduce 38
tobacco and vapor product use by youth. During the 2019-2021 fiscal 39
biennium, the department of health shall, within up to 77 percent of 40
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available funds, provide grants to local health departments or other 1
local community agencies to develop and implement coordinated tobacco 2
and vapor product intervention strategies to prevent and reduce 3
tobacco and vapor product use by youth. 4
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