HOUSE BILL REPORT

SB 6337

As Reported by House Committee On:

Health Care

Title:  An act relating to tobacco product sampling.

Brief Description:  Prohibiting tobacco product sampling.

Sponsors:  Senators Oke, Haugen, Eide, Swecker, B. Sheldon, Hargrove, Spanel, Prentice, Jacobsen, Fraser, Gardner and Rasmussen.

Brief History:

Committee Activity:

Health Care:  2/25/02, 2/28/02 [DP].

Brief Summary of Bill

$Distribution of samples of tobacco products to members of the public is prohibited.

HOUSE COMMITTEE ON HEALTH CARE

Majority Report:  Do pass. Signed by 9 members: Representatives Cody, Chair; Schual‑Berke, Vice Chair; Campbell, Ranking Minority Member; Ballasiotes, Conway, Darneille, Edwards, Ruderman and Skinner.

Minority Report:  Do not pass. Signed by 2 members: Representatives Alexander and Benson.

Staff:  Dave Knutson (786‑7146).

Background:

A marketing technique used by cigarette makers is the distribution of free samples.  The business of sampling is regulated by the Liquor Control Board.  Upon payment of an annual fee, a sampler may distribute tobacco samples in authorized areas.  These areas include:  areas where children under the age of 18 are denied admission, in a store or concession to which a retailer=s license has been issued, or at or adjacent to a production, repair, or outdoor construction site or facility.  Samplers are prohibited from distributing samples within 500 feet of a playground, school, or other facility being used primarily by persons under 18 years of age.

Summary of Bill:

Distribution of samples of tobacco products to members of the public is prohibited.  Various provisions of the laws regulating this practice are deleted or repealed.

Appropriation:  None.

Fiscal Note:  Requested on February 27, 2002.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  It is too easy for children to gain access to tobacco products through the practice of distributing free tobacco samples.  This practice should be banned.

Testimony Against:  The existing law is a compromise that has worked well for the past nine years.  There is no compelling reason to change current law.

Testified:  (In support) Senator Oke, prime sponsor; Karen McDonell; Rick Phillips, Liquor Control Board; Nick Federici, American Lung Association of Washington; Paul Zemann, Public Health-Seattle KingCounty; and Dave Horn, Office of the Attorney General.

(Oppose) Stu Halsan, US Tobacco Public Affairs; Tim Corfield; T. K. Bentler, RJ Reynolds; and Mark Triplett, Smokeless Tobacco Association of America.