AN ACT Relating to tobacco; amending RCW 26.28.080; adding new sections to chapter 26.28 RCW; adding a new section to chapter 9.04 RCW; adding a new section to chapter 70.54 RCW; and prescribing penalties.

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

Sec. 1. Sections 1, 3, and 4, chapter 126, Laws of 1895 as last amended by section 37, chapter 292, Laws of 1971 ex. sess. and RCW 26.28.080 are each amended to read as follows:

Every person who:

(1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him where intoxicating liquors are sold, given away or disposed of‑-except a restaurant or dining room, any person under the age of eighteen years; or,

(2) Shall admit to, or allow to remain in any dance-house, public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him, any person under the age of eighteen years; or,

(3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,

(4) Shall sell or give, or permit to be sold or given to any person under the age of twenty-one years any intoxicating liquor, or to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, smokeless tobacco, snuff, or tobacco in any form; or

(5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;

!ixShall be guilty of a gross misdemeanor.

It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

NEW SECTION. Sec. 2. It is unlawful to sell, or offer for sale, at retail any cigarettes, cigars, smokeless tobacco, snuff, or tobacco in any form without first having obtained a retailers license under RCW 19.91.130 or any successor statute.

NEW SECTION. Sec. 3. The retailers license required under section 2 of this act may be denied, revoked, or suspended for the sale or gift of a tobacco product to a person under the age of eighteen years in violation of RCW 26.28.080(4), or for failure to comply with section 4 of this act.

NEW SECTION. Sec. 4. Any retailer who sells or offers for sale, at retail, any cigarettes, cigars, smokeless tobacco, snuff, or tobacco in any form, shall display at the point of sale a sign which shall contain the following warning:

@bc"Warning: the use of smokeless tobacco is addictive and may cause cancer.

It is illegal to sell smokeless tobacco, or any other tobacco product or paraphernalia, to a person under the age of 18 years.

It is also illegal for any person under the age of 18 years to purchase smokeless tobacco or any other tobacco product or paraphernalia.

A violation of these laws is a misdemeanor."@ec

NEW SECTION. Sec. 5. Every person under the age of eighteen years who knowingly purchases any smokeless tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, or products prepared from tobacco, is guilty of a misdemeanor.

NEW SECTION. Sec. 6. RCW 26.28.080(4) and sections 2, 3, and 4 of this act may be enforced by any state or local law enforcement agency, including agents of the state liquor control board.

NEW SECTION. Sec. 7. A new section is added to chapter 70.54 RCW to read as follows:

The secretary of the department of social and health services shall:

(1)(a) Develop educational programs, materials, and public service announcements respecting the dangers to human health from the use of smokeless tobacco products.

(b) Make the programs, materials, and announcements available to local governments, school districts, and the media and other entities and individuals involved in informing the public about the dangers of smokeless tobacco products.

(2) In developing the programs, materials, and announcements described in subsection (1)(a) of this section, the secretary shall consult with the state board of education, medical and public health officials, consumer groups, and other entities deemed appropriate by the secretary.

NEW SECTION. Sec. 8. A new section is added to chapter 9.04 RCW to read as follows:

It shall be unlawful for any person to publish, disseminate, broadcast, display, or in any other way advertise the use of any smokeless tobacco including cavendish, twist, plug, scrap, and any other kind and form of tobacco suitable for chewing.

NEW SECTION. Sec. 9. Sections 2 through 6 of this act are each added to chapter 26.28 RCW.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.