HOUSE BILL REPORT

ESHB 76

BYHouse Committee on Human Services (originally sponsored by Representatives Nelson, Brooks, Brekke, Valle, C. Smith, Belcher, Lux, Walker, Wang, Wineberry, Ferguson, R. King, Locke, Todd, Rasmussen, Basich, Padden, Brough, Schoon, Winsley, L. Smith and May)

Making the sale of chewing tobacco to persons under the age of eighteen illegal and requiring a warning at the point of sale.

House Committe on Human Services

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (7)

     Signed by Representatives Scott, Vice Chair; Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

Currently, it is a gross misdemeanor, punishable by a maximum fine of $500 and incarceration in the county jail for not more than one year, or both, for any person to sell or give tobacco products to persons under eighteen years of age.  Chewing tobacco and snuff are not specifically referenced in this prohibition.  A license for the retail sale of cigarettes is required by law, but not for the sale of other tobacco products.

SUMMARY:

Chewing tobacco and snuff are included in the prohibition against the selling or giving of tobacco products to persons under eighteen years of age, the violation of which is punishable as a gross misdemeanor.  A person under the age of eighteen buying tobacco products is liable for a civil fine of up to $100.  Retailers are required to display a sign of minimum dimensions of seven by ten inches, informing the public of these prohibitions.  A retailers license is required to sell any tobacco product, which is subject to revocation, suspension or denial for selling or giving tobacco products to a person less than eighteen years of age.  Liquor Control Board agents, as well as state and local law enforcement agencies, are authorized to enforce the law.  Archaic language is updated to incorporate non-sex oriented references.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Mike Ryherd, Washington State Medical Association; Steve Wehrly, Smokeless Tobacco Council and Carter Mitchell, Liquor Control Board.

House Committee - Testified Against: Representative Joanne Brekke.

House Committee - Testimony For:     The use of smokeless tobacco among children is increasing and is a growing national problem.  There are major health risks associated with the use of tobacco products.  Use of chewing tobacco leads to smoking, and two-thirds of smokers become addictive in the teenage years.

House Committee - Testimony Against: The criminal penalty for buying tobacco is too harsh and may prove disruptive of family relationships.  The misdemeanor could count against the minor, along with other crimes accumulated, and lead to actual incarceration.