PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Fire standard compliant (reduced ignition propensity) cigarettes, rule making for chapter 19.305 RCW, specifically RCW 19.305.060.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 19.305 RCW, specifically RCW 19.305.060.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 19.305.060(1) permits the Washington state patrol (WSP) to adopt rules for the implementation of the fire safe cigarette program. Rules are to outline the WSP administrative functions and the requirements for product registration within Washington state.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: RCW 19.305.060 permits the department of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under chapter 82.24 RCW, may inspect cigarettes to determine if the cigarettes are marked as required by RCW 19.305.040. If the cigarettes are not marked as required, the department of revenue shall notify the state director of fire protection.
Under RCW 19.305.070, the attorney general and the state director of fire protection are authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises.
Process for Developing New Rule: Negotiated rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mr. Ken Dellsite, Deputy State Fire Marshal, Office of the State Fire Marshal, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-3905, fax (360) 596-3934, e-mail kenneth.dellsite@wsp.wa.gov.
March 27, 2009
John R. Batiste
Chief