Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Health Care Committee

SB 5048

Brief Description: Prohibiting tobacco product sampling.

Sponsors: Senators Oke, Brown, Keiser, Swecker, Kline, Morton, Rockefeller, Deccio, Thibaudeau, Finkbeiner, McAuliffe, Sheldon, Rasmussen, Spanel, Berkey, Eide, Doumit, Regala, Kohl-Welles, Jacobsen, Franklin, Haugen, Fraser, Kastama and Weinstein.

Brief Summary of Bill
  • Prohibits the distribution of tobacco product samples.
  • Removes the license and renewal fees for tobacco product sample distributors ("samplers").
  • Establishes distribution of tobacco product samples as a misdemeanor.

Hearing Date: 2/17/05

Staff: Molly Belozer (786-7104).

Background:

The Washington State Liquor Control Board licenses samplers and requires annual license renewal. State law prohibits samplers from distributing tobacco product samples within 500 feet of a playground, school, or other facility being used primarily by persons under 18 years of age. State law allows sampling in public places where (1) persons under the age of 18 are denied admission, (2) in a store or concession to which a retailer's license has been issued, or (3) at or adjacent to a production, repair, or outdoor construction site or facility.

A tobacco product is a product that contains tobacco and is intended for human consumption.

Summary of Bill:

Distribution of tobacco product samples to the public is prohibited, and a violation is a misdemeanor. As a result, the required sampling license and license renewal for samplers is removed from state law. The definition of "tobacco product" is revised to mean a product that contains tobacco and is intended for human use, including products statutorily defined as "tobacco" or "tobacco products."

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.