Flavor ban, nic cap, and total potential ban legislation introduced
SB 5239 will give the Department of Health control over all vapor products manufacturers and sold in Washington, regardless of its status Federally.
• 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
• 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
• 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
• 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
• 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
• 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