WSR 20-23-006

PERMANENT RULES

STATE BOARD OF HEALTH

[Filed November 5, 2020, 3:22 p.m., effective November 15, 2020]

Effective Date of Rule: November 15, 2020.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 34.05.380(3) allows for rules to become effective less than thirty-one days after filing when an earlier effective date is necessary due to imminent peril to public health. Vitamin E acetate in vapor products has been linked by public health authorities to an outbreak of vaping-associated lung disease. In light of this, in order to preserve public health and safety, the state board of health (SBOH) adopted emergency rules prohibiting the sale of vapor products containing vitamin E acetate. The current emergency rule prohibiting vitamin E acetate in vapor products expires on November 14, 2020. In order to maintain the prohibition and continuously protect the public's health and safety, an effective date of November 15, 2020, is necessary.

Purpose: WAC 246-80-021 Prohibition—Vitamin E acetate, the Washington SBOH has adopted a permanent rule to continue the ban on the sale of vapor products containing vitamin E acetate. This applies to the sale, offer for sale, or possession with intent to sell or offer for sale vapor products containing vitamin E acetate at any location or by any means including by telephone or other method of voice transmission, the mail or any other delivery service, or the internet or other online service.

Citation of Rules Affected by this Order: New WAC 246-80-021.

Statutory Authority for Adoption: RCW 43.20.050 (2)(f).

Adopted under notice filed as WSR 20-18-012 on August 21, 2020.

A final cost-benefit analysis is available by contacting Samantha Pskowski, P.O. Box 47990, Olympia, WA 98504-7990, phone 360-789-2358, TTY 711, email samantha.pskowski@sboh.wa.gov, website https://sboh.wa.gov/Rulemaking/CurrentRulesandActivity/ProhibitionVitaminEAcetate.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: October 13, 2020.

Michelle A. Davis

Executive Director