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LEGISLATIVE ALERT

SB 5239 will give the Department of Health control over all vapor products manufacturers and sold in Washington, regardless of its status Federally.

BILL SUMMARY

• SB 5239 allows the Department of Health to restrict the sale of any flavored vapor product if the Secretary of Health determines a flavored vapor product may injure human health or pose a significant risk to public health.

• Requires the State Board of Health to determine the allowable nicotine concentration for any product sold or offered for sale in the state, and the product may not be sold or offered for sale if it exceeds the allowable concentration amount.

• Requires a manufacturer or distributor that sells, offers for sale, or distributes liquid nicotine containers to label the vapor products that meet requirements set by the Department of Health in rule and other requirements.

DOH CAN DETERMINE IF A VAPOR PRODUCT IS SAFE OR NOT, AND BAN IT, EVEN IF NO ONE HAS BEEN INJURED BY A PRODUCT IN THE STATE

Bill language:

• Upon a determination by the secretary of health that a flavored vapor product may be injurious to human health or poses a significant risk to public health, the department of health may restrict the sale of any such flavored vapor product.

• Nothing in this section requires a person in this state to be actually injured or ill before the secretary of health or department of health may take action authorized under this section.

• The department of health may adopt any rules necessary to implement this section.

DOH MAY PLACE A NICOTINE CAP ON ALL VAPOR PRODUCTS

Bill language:

• The state board of health shall determine in rule the allowable nicotine concentration for any vapor product sold or offered for sale in the state. The state board of health shall consider, among other factors, whether the level of nicotine in the product may be injurious to human health or pose significant risk to public health. Those risks include but are not limited to addiction increase, underage usage, or limited efficacy of nicotine addiction cessation efforts.

• A vapor product may not be sold or offered for sale if the product has nicotine salts or other ingredients that result in nicotine concentrations that exceed a comparative level of nicotine as determined by the state board of health in rule.

DOH WILL REQUIRE ADDITIONAL LABELING

Bill language:

• The department of health shall require a manufacturer or distributor that sells, offers for sale, or distributes liquid nicotine containers ((shall)) to label the vapor product.

• The department of health may adopt any rules necessary to implement this section and revise labeling requirements to:

(a) Be consistent with any regulations and labeling requirements issued by the United States food and drug administration or by any other federal agency; and

(b) maintain any labeling requirements which are not preempted, or which provided disclosures that are not mandated by federal regulations.

• All manufacturers of nicotine-containing vapor products shall disclose to the department of health, using forms and methods to be determined by the department:

(a) The concentration and form of nicotine in the product; and

(b) All ingredients or product elements which may be inhaled when the product is used by the consumer.

UW SCHOOL OF PUBLIC HEALTH WILL BE RESPONSIBLE FOR PUBLISHING MANUFACTURE INFORMATION ON THEIR WEBSITE

Bill language:

• The department of health, in collaboration with the University of Washington school of public health, shall publish on the internet:

(c) The list of ingredients for each product submitted to the 36department pursuant to subsection (1) of this section; and

(b) A guide summarizing and linking to research on ingredient 1toxicity, carcinogenicity, or any other potential harm to human health associated with the product and its ingredients.

DOH FLAVOR BAN

Bill language:

Upon a determination by the secretary that a characterizing flavor may be harmful or pose a significant risk to public health, the secretary may prohibit the characterizing flavor in cigarettes and other tobacco products, as defined in RCW 82.26.010.25

2020

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

Sponsor: Sen. Kuderer

Status: DEAD

Bill Summary:

Bans the sale of vapor products containing vitamin E acetate and bans the sale of disposable flavored vapor products.
Bans the all online sales of vapor products.
Imposes an 5 percent excise tax on flavored vapor products and directs the money to the Foundational Public Health Services Account and the Tobacco Prevention and Control Account.
Requires retailers to verify the age of customers when entering stores restricted to persons 21 years old or older.

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

Sponsor: Sen. Saldana/Rep. Pettigrew

Status: DEAD

Bill Summary:

Repeals civil infractions prohibiting the purchase or possession of tobacco or vapor products by a person under 18 years of age.
Removes authority of a peace officer or Liquor and Cannabis Board (LCB) enforcement officer to detain a person purchasing or possessing tobacco products or vapor products to determine if they are under 18 years of age.
Removes authority of a peace officer or LCB enforcement officer to seize tobacco products or vapor products from a person under 18 years of age.

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

Sponsor: Rep. Leavitt/Sen. Solomon

Status: DEAD

Bill Summary:

Bans the use of billboard advertising by marijuana licensees while eliminating certain restrictions for on-premise signs and advertisements of marijuana licensees and modifying the rule-making authority of the Liquor and Cannabis Board.
Bans the use of billboard advertising for vapor products and adds new restrictions to vapor product advertising and licensing.
Increases the fine for violations of advertising requirements applicable to marijuana and imposes a new fine for vapor product advertising violations.
Establishes restrictions for operators of web sites, online services, mobile applications, and advertising services related to the marketing of vapor products to minors and how operators and businesses use and share minors' personal information.
Requires school districts to add vapor products to their tobacco policies, expands the definition of "school" in the vapor products law to include postsecondary institutions, and requires postsecondary institutions to adopt certain policies.

2021

HB 1550 - Concerning methods to prevent nicotine addiction

Sponsor: Rep. Pollet

Status: DEAD

Bill Summary:

• Imposes a business and occupation surcharge of 4.4 percent on manufacturers, processors for hire, and distributors of vapor products and tobacco products.

• Replaces the variable milliliter tax imposed on vapor products distributors with a vapor product excise tax of 45 percent of the selling price.

• Modifies the account distribution for receipts of the vapor products tax revenues.

This bill received a hearing in the House Finance committee and while WASF was given an opportunity to testify, the majority of the allotted time was given to those who are against the bill. We were able to follow up promptly with legislators to clarify false information, show true statistics from the CDC, FDA etc and as a result the bill did not come up for a vote and was declared dead.

2022

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

Sponsor: Rep. Harris

Status: DEAD

Bill Summary:

• Replaces the variable milliliter tax on vapor products distributors with a vapor product excise tax of 33 percent of the selling price.

• Modifies the account distribution for receipts of vapor products tax revenues.

HB 2039/SB 5768 Enhancing the regulation of vapor products

Sponsor: Rep. Pollet/Sen. Kuderer

Status: DEAD

Status: Successfully prevented this bill from receiving a hearing after first introduction

Allows the Department of Health to restrict the sale of any flavored vapor product if the Secretary of Health determines a flavored vapor product may injure human health or pose a significant risk to public health.
Requires the State Board of Health to determine the allowable nicotine concentration for any product sold or offered for sale in the state, and the product may not be sold or offered for sale if it exceeds the allowable concentration amount.
Requires a manufacturer or distributor that sells, offers for sale, or distributes liquid nicotine containers to label the vapor products that meet requirements set by the Department of Health in rule and other requirements.

SB 5768 gained momentum unlike it’s companion bill in the House. Working with stakeholders, key legislators and staff, WASFA was successful in holding the vote out of the Health Care Committee. We worked with the Chair and Vice Chair of the Senate Health Care Committee very closely and through our intensive investigation, accurate reporting, proper data correction, and strong relationships with legislators, we were able to stop this bill from moving forward. Stopping a bill such as this one, in a Health Care Committee when it’s up for an executive session vote is a major feat and WASFA has been acknowledged by many that we were solely responsible for killing this bad bill.