WSR 07-17-087

PREPROPOSAL STATEMENT OF INQUIRY

LIQUOR CONTROL BOARD


[ Filed August 15, 2007, 11:46 a.m. ]

Subject of Possible Rule Making: The liquor control board enforces laws prohibiting access to tobacco by minors. As part of the liquor control board's on-going rules review process, chapter 314-10 WAC, Sale and distribution of tobacco products, is under review for clarity and conformity with current state law.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 and chapter 70.155 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As part of the liquor control board's on-going rules review process, chapter 314-10 WAC is being reviewed for relevance, clarity, and accuracy. Legislative changes in the 2005-06 legislative sessions require that rules in this area be updated. State law now allows tribal enrollment cards issued by federally recognized tribes in Washington state to be used as official identification when purchasing tobacco. The legislature enacted a law prohibiting tobacco sampling in 2006 and a later lawsuit invalidated this law as it relates to sampling of cigarettes.

Process for Developing New Rule: Interested parties can participate in the discussions formulating this rule change by contacting or sending written comments to the agency staff listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Pamela Madson, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, (360) 664-1648, fax (360) 704-4921, e-mail rules@liq.wa.gov.

August 15, 2007

Lorraine Lee

Chairman

Washington State Code Reviser's Office