H-3733              _______________________________________________

                                                   HOUSE BILL NO. 1452

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Sprenkle, Brooks, D. Sommers, Locke, Appelwick, Bumgarner, Unsoeld, Rust, Cantwell, Basich, Braddock, Lux, Jacobsen, Leonard, Nelson, Brough, Sanders, Moyer, Armstrong and Brekke

Read first time 1/15/88 and referred to Committee on Health Care.

AN ACT Relating to the distribution of tobacco product samples; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

          (1) "Tobacco product" means cigarettes, little cigars, cigars, smokeless tobacco, pipe tobacco, loose rolling tobacco, and any other form of tobacco intended for tobacco consumption;

          (2) "Cigarette" means (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco and (b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in (a) of this subsection;

          (3) "Little cigar" means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette under subsection (2) of this section) and as to which one thousand units weigh not more than three pounds;

          (4) "Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco which is a cigarette under subsection (2) of this section); and

          (5) "Smokeless tobacco" includes all finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity.

NEW SECTION. Sec. 2.     (1) No person may distribute or cause to be distributed to members of the general public, without charge or at a nominal cost, any tobacco product.

          (2) Any person who violates this section shall be punished for a first offense by a fine of not less than one hundred dollars or more than five hundred dollars and for a second or subsequent offense by a fine of not less than three thousand dollars.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act shall constitute a new chapter in Title 70 RCW.