H-3391              _______________________________________________

                                                   HOUSE BILL NO. 2557

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Sprenkle, Prentice, Leonard, Wolfe, Fraser, Brooks, Moyer, Rust, Valle, Jesernig, May, Nelson, Locke, Cole, Morris, Phillips, Jacobsen, Dorn, Braddock, Rector, Pruitt, Inslee, Rasmussen and Brekke

Read first time 1/15/90 and referred to Committee on Health Care.

AN ACT Relating to the promotional distribution of tobacco; and adding a new chapter to Title 70 RCW.

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

NEW SECTION. Sec. 1.     It is in the interest of the state to prohibit both the use of tobacco products by minors and the furnishing of tobacco products to minors.  Because the enforcement of an age-related restriction on the promotional distribution of tobacco products is impractical and ineffective, the legislature intends to control the distribution of these products and discourage illegal activity by prohibiting all promotional distribution, except as allowed in this chapter.

NEW SECTION. Sec. 2.     The definitions set forth in this section apply throughout this chapter.

          (1) "Chewing tobacco" means loose tobacco or a flat, compressed cake of tobacco that is inserted into the mouth.

          (2) "Distribute" means:

          (a) To give products to the general public at no cost or at a nominal cost for product promotional purposes; or

          (b) To sell or offer to sell a tobacco product or container of tobacco product that does not bear revenue stamps and contain the health warnings otherwise required for such products.

          (3) "Package" means a pack, box, or container of any kind in which a smokeless tobacco product is offered for sale, sold, or otherwise distributed.

          (4) "Person" means an individual, partnership, corporation, or other business or legal entity.

          (5) "Smokeless tobacco" means chewing tobacco or tobacco snuff.

          (6) "Tobacco snuff" means a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user.

NEW SECTION. Sec. 3.     No person may distribute smokeless tobacco products or cigarettes, pipe tobacco, or other tobacco products suitable for smoking, except that a store specializing in the sale of tobacco products may distribute single serving samples of tobacco.

NEW SECTION. Sec. 4.     A violation of this chapter is an unfair trade practice affecting the public interest under chapter 19.86 RCW.  All public and private remedies provided under that chapter are available to enforce this chapter.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 70 RCW.