6337 AMH HC KNUT 1

SB 6337 - H AMD

By Representative Campbell

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.155.050 and 1993 c 507 s 6 are each amended to read as follows:

(1) No person may engage in the business of sampling within the state unless licensed to do so by the board. Samplers may distribute or cause to be distributed free samples of tobacco products only in adult-only facilities. A sample does not include a tobacco product that is provided to an adult in connection with: (a) The purchase, exchange, or redemption for proof of purchase of any tobacco products, including, but not limited to, a free offer in connection with the purchase of tobacco products, such as a two-for-one offer, or (b) the conducting of consumer testing or evaluation of tobacco products with persons who certify that they are adults. No samples may be distributed or caused to be distributed on any campus of any institution of higher education in this state, including public, private, or proprietary institutions. If a firm contracts with a manufacturer to distribute samples of the manufacturer's products, that firm is deemed to be the person engaged in the business of sampling.

(2) The board shall issue a license to a sampler not otherwise disqualified by RCW 70.155.100 upon application and payment of the fee.

(3) A sampler's license expires on the thirtieth day of June of each year and must be renewed annually upon payment of the appropriate fee.

(4) The board shall annually determine the fee for a sampler's license and each renewal. However, the fee for a manufacturer whose employees distribute samples within the state is five hundred dollars per annum, and the fee for all other samplers must be not less than fifty dollars per annum.

(5) A sampler's license entitles the licensee, and employees or agents of the licensee, to distribute samples at any lawful location in the state during the term of the license. A person engaged in sampling under the license shall carry the license or a copy at all times.

(6) For the purposes of this section, "adult-only facility" means a facility where the operator ensures or has a reasonable basis to believe that no underage person is present. A facility need not be permanently restricted to adults in order to constitute an adult-only facility if the operator ensures or has a reasonable basis to believe that no underage person is present during the event or time period in question. A reasonable basis for belief can be shown through checking identification as required under state law, or by checking the identification of any person appearing to be under the age of twenty-seven."

Correct the title.