WSR 17-15-026

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 7, 2017, 3:10 p.m.]

Subject of Possible Rule Making: Title 246 WAC, the department of health is considering creating a new chapter and section(s) of rule to establish nicotine content measurement standards for closed system nicotine containers used with vapor products. The intent is for all manufacturers of closed system nicotine containers in Washington state to know the measurement standards to use for disclosing the nicotine content to the department.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.345.075(2), on setting nicotine measurement standards. RCW 43.70.040, on the secretary's overall rule-making authority.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 70.345.075(2) requires a manufacturer that sells, offers for sale, or distributes vapor products with closed system nicotine containers in Washington state to annually provide the department of health (department) with a disclosure of the nicotine content of such vapor products based on measurement standards established by the department. The department will consider establishing new rules so that manufacturers know what measurement standards to use and how and when to provide the disclosure to the department.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of health will consult with the Washington state liquor and cannabis board, which has enforcement authority over vapor product licenses under chapter 70.345 RCW.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will notify holders of vapor product licenses in Washington state based on information from the liquor and cannabis board, known vapor product manufacturers, and any other interested parties, including those individuals who testified at the legislative hearings on ESSB 6328 in 2016. The department will hold workshops via conference call, anticipated in July 2017, and accept written suggestions.

Interested parties may contact Matthew Green, matthew.green@doh.wa.gov, (360) 236-3309, or Stacia Wasmundt, stacia.wasmundt@doh.wa.gov, (360) 236-2568.

July 7, 2017

John Wiesman, DrPH, MPH

Secretary