WSR 10-23-047

EMERGENCY RULES

LIQUOR CONTROL BOARD


[ Filed November 10, 2010, 10:41 a.m. , effective November 10, 2010, 10:41 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The board is prohibiting the sale or distribution of alcohol energy drinks in the state of Washington.

Statutory Authority for Adoption: RCW 66.08.010, 66.08.030, 66.24.261, 66.28.120.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The mission of the Washington state liquor control board (WSLCB) includes ensuring the responsible sale, and preventing the misuse of, alcohol. As part of this mission, the board endeavors to ensure that products which pose a threat to public safety are handled appropriately. The board is particularly concerned about alcohol energy drinks, which are marketed in a way that implies the consumption of these beverages has a stimulating or energizing effect. These beverages promote a situation where people may become inebriated, but cannot judge their own condition, which is contrary to human health and public safety. This is contrary to the mission of the WSLCB.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 10, 2010.

Sharon Foster

Chairman

OTS-3774.2


NEW SECTION
WAC 314-20-022   Alcohol energy drinks.   No product that combines beer, strong beer, or malt liquor with caffeine, guarana, taurine, or other similar substances which are commonly referred to as "alcohol energy drinks" may be imported into the state, produced, manufactured, distributed, sold or offered for sale by a licensed retailer in the state of Washington after November 17, 2010.

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Washington State Code Reviser's Office