WSR 11-03-040

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed January 12, 2011, 10:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-23-048.

Title of Rule and Other Identifying Information: WAC 314-20-022 Alcohol energy drinks.

Hearing Location(s): Washington State Liquor Control Board, 3000 Pacific Avenue S.E., Olympia, WA 98504, on February 23, 2011, at 10:00 a.m.

Date of Intended Adoption: March 2, 2011.

Submit Written Comments to: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by February 23, 2011.

Assistance for Persons with Disabilities: Contact Karen McCall by February 23, 2011, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board adopted an emergency rule on November 10, 2010, to prohibit the manufacture, distribution, or sale of alcohol energy drinks in the state of Washington. The board is now permanently prohibiting the manufacture, distribution, or sale of alcohol energy drinks in the state of Washington.

Reasons Supporting Proposal: 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. 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.

Statute Being Implemented: RCW 66.08.010.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WSLCB, governmental.

Name of Agency Personnel Responsible for Drafting: Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation: Alan Rathbun, Director, Licensing, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Pat Parmer, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact statement was prepared. Alcohol energy drinks create a public health and safety issue to the citizens of the state of Washington.

A cost-benefit analysis is not required under RCW 34.05.328.

January 12, 2011

Sharon Foster

Chairman

OTS-3774.3


NEW SECTION
WAC 314-20-022   Alcohol energy drinks.   (1) 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.

(2) Beer, strong beer, or malt liquor with coffee, chocolate, or other natural substances used for flavorings, are not prohibited under this section.

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Washington State Code Reviser's Office