S-1276.2  _______________________________________________

                         SENATE BILL 5745

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Heavey, Oke and Pelz

Read first time 02/03/95.  Referred to Committee on Health & Long‑Term Care.

Prohibiting sales of cigarettes or tobacco products using accelerants.

    AN ACT Relating to prohibiting sales of cigarettes or other tobacco products treated to produce faster, nonself-extinguishing burns; amending RCW 70.155.010 and 70.155.040; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that manufactured tobacco products that are treated to enhance flammability and accelerate burning are especially dangerous to life and property.  The use of these treatments poses a significant hazard to the residents of the state of Washington.

    Sec. 2.  RCW 70.155.010 and 1993 c 507 s 2 are each amended to read as follows:

    The definitions set forth in RCW 82.24.010 shall apply to RCW 70.155.020 through 70.155.130.  In addition, for the purposes of this chapter, unless otherwise required by the context:

    (1) "Accelerant" means a chemical or other treatment of tobacco products to produce a faster burn.

(2) "Board" means the Washington state liquor control board.

    (((2))) (3) "Minor" refers to an individual who is less than eighteen years old.

    (((3))) (4) "Public place" means a public street, sidewalk, or park, or any area open to the public in a publicly owned and operated building.

    (((4))) (5) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.

    (((5))) (6) "Sampler" means a person engaged in the business of sampling other than a retailer.

    (((6))) (7) "Sampling" means the distribution of samples to members of the general public in a public place.

    (((7))) (8) "Tobacco product" means a product that contains tobacco and is intended for human consumption.

    Sec. 3.  RCW 70.155.040 and 1993 c 507 s 5 are each amended to read as follows:

(1) No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed.

(2) This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from the sale of tobacco products.

(3) No person shall sell or permit to be sold cigarettes or other tobacco products, taxed under chapter 82.24 RCW, that have been treated with an accelerant or similarly altered to produce a faster, nonself-extinguishing burn.

                            --- END ---