S-0509.1 _______________________________________________
SENATE BILL 5273
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State of Washington 53rd Legislature 1993 Regular Session
By Senators Oke, Pelz, Moyer, McDonald, West and Quigley
Read first time 01/20/93. Referred to Committee on Health & Human Services.
AN ACT Relating to cigarettes and tobacco products; adding a new chapter to Title 70 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds:
(1) The leading cause of preventable death is tobacco use. Further, the legislature recognizes the high rate of tobacco use by youth in our state.
(2) The giving of free samples and the use of coupons for the provision of cigarettes and tobacco products at no cost constitute methods of distribution of such products, rather than advertisement or promotion of such products, and are the proper subject of prohibition or regulation.
(3) Cigarettes and other tobacco products are being distributed to minors by means of free samples and no-cost coupons, and prohibition of such means of distribution is required in the interest of public health.
(4) Enforcement of an age-related restriction on the distribution of cigarettes and tobacco product samples and redemption of no-cost coupons is impractical and ineffective.
NEW SECTION. Sec. 2. (1) The following acts are prohibited:
(a) Giving away cigarettes or tobacco products to any person whether in person or through the mail; and
(b) Providing cigarettes or tobacco products to any person by a coupon at no cost.
(2) For the purposes of this chapter, "cigarettes" has the meaning given in RCW 82.24.010 and "tobacco products" has the meaning given in RCW 82.26.010.
NEW SECTION. Sec. 3. (1) The local health officer may take any or all of the following actions to enforce section 2 of this act if the health officer finds that there has been a violation of section 2 of this act:
(a) Suspend or revoke a retailer's license held by a business at a location within the health officer's geographical jurisdiction.
(b) Impose a civil penalty of three hundred dollars for each violation upon any person other than a licensed cigarette retailer.
(c) Issue a cease and desist order to any person who is found by the local health officer to have violated or intended to violate section 2 of this act which requires such person to cease specified conduct that is in violation. The issuance of a cease and desist order shall not preclude the imposition of other sanctions authorized by this chapter or any other provision of law.
(d) Seek injunctive relief to enforce section 2 of this act. The health officer may initiate legal action to collect civil penalties imposed under this chapter if the penalties have not been paid within thirty days after they are imposed. In any action filed by the local health officer under the provisions of this chapter, the court may, in addition to any other relief, award the health officer reasonable attorneys' fees and costs.
(2) Any order issued by the local health officer under this section may be appealed to the local board of health. The appeal shall be conducted de novo, and the health officer shall have the burden of proving the violation or violations set forth in the order by a preponderance of the evidence.
(3) Funds collected by local health departments or districts from imposition of civil penalties shall be retained by them and used for implementing programs intended to prevent the use of cigarettes and tobacco products or promote the cessation of their use.
NEW SECTION. Sec. 4. The provisions of this chapter are not exclusive, and any political subdivision of the state of Washington may adopt additional provisions which are not less restrictive than the provisions of this chapter.
NEW SECTION. Sec. 5. Sections 2 through 4 of this act shall constitute a new chapter in Title 70 RCW.
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