Z‑0392.1   _____________________________________________

HOUSE BILL 1549

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Schual‑Berke, Cody, Campbell, Conway, D. Schmidt, Fromhold, Kenney, Rockefeller, McIntire, Miloscia, Edwards, Hunt, Edmonds, O'Brien, Ogden, Kagi, Lovick, Darneille and Poulsen; by request of Governor Locke and Attorney General

Read first time 01/29/2001.  Referred to Committee on Health Care.

_1      AN ACT Relating to regulation of tobacco products under the

_2  access to minors statutes; and amending RCW 70.155.030 and

_3  70.155.040.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 70.155.030 and 1994 c 202 s 1 are each amended to read

_6  as follows:

_7      (1) No person shall sell or permit to be sold any tobacco

_8  product through any device that mechanically dispenses tobacco

_9  products unless the device is located fully within premises from

10  which minors are prohibited or in industrial worksites where

11  minors are not employed and not less than ten feet from all

12  entrance or exit ways to and from each premise.  The board shall

13  adopt rules that allow an exception to the requirement that a

14  device be located not less than ten feet from all entrance or exit

15  ways to and from a premise if it is architecturally impractical

16  for the device to be located not less than ten feet from all

17  entrance and exit ways.

18      (2) Except as provided in subsection (1) of this section,

                               p. 1                       HB 1549

_1  beginning January 1, 2002, self-service displays of tobacco

_2  products are prohibited.  All in-store tobacco products must be sold

_3  from behind the counter or from within locked display units.  This

_4  section does not apply to retailers who sell tobacco products

_5  exclusively.  Further, this section does not apply to sales from

_6  within premises where minors are prohibited by statute.

_7      Sec. 2.  RCW 70.155.040 and 1993 c 507 s 5 are each amended to read

_8  as follows:

_9      (1) No person shall sell or permit to be sold cigarettes not in

10  the original unopened package or container to which the stamps

11  required by RCW 82.24.060 have been affixed.

12      (2) Packages of fewer than twenty cigarettes may be sold only

13  in premises where minors are prohibited by statute.

14      (3) This section does not apply to the sale of loose leaf

15  tobacco by a retail business that generates a minimum of sixty

16  percent of annual gross sales from the sale of tobacco products.

17      NEW SECTION. Sec. 3.  If any provision of this act or its

18  application to any person or circumstance is held invalid, the

19  remainder of the act or the application of the provision to other

20  persons or circumstances is not affected.

‑‑‑ END ‑‑‑

HB 1549                        p. 2