Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2313

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

A person who sells or gives a tobacco product or vapor product to a person under the age of 18 is guilty of a gross misdemeanor.

A person under the age of 18 who purchases, possesses, or obtains, or who attempts to purchase or obtain, cigarettes or tobacco products commits a class 3 civil infraction, which may be penalized with a $50 fine, up to four hours of community restitution, and participation in a smoking cessation program.

"Vapor product" is defined as a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States food and drug administration under federal law.

A person who holds a wholesale or retail tobacco product license are required to prominently display a copy of their license and display a sign concerning the prohibition of tobacco sales to minors.

Tobacco products may not be sold through a device that mechanically dispenses the products unless: (1) the device is located in a place where minors are prohibited or in a worksite where minors are not employed; and (2) the device is located not less than 10 feet from entrances and exits. "Minor" is defined as a person under the age of 18.

The Liquor and Cannabis Board (LCB) has authority to enforce the laws governing minors' access to tobacco, including the authority to revoke the license of a wholesaler or retailer. The LCB may work with local county health departments or districts and law enforcement to conduct unannounced inspections to assure compliance. An LCB peace officer or enforcement officer who has reasonable grounds to believe a person the officer observed purchasing or in possessing of tobacco is under the age of 18 may detain the person for a reasonable period of time and in a reasonable manner to determine the person's identity and date of birth. An LCB officer may also seize tobacco products in the possession of a minor. Sanctions against licensees include cease and desist orders, license revocation, and monetary penalties.

Wholesaler and retailer licensing fees and monetary penalties are deposited in the Youth Tobacco Prevention Account (Account), except for 10 percent, which is deposited in the General Fund. The Department of Health (DOH) may use monies appropriated from the Account for implementation of the laws governing minors' access to tobacco. The DOH is required to enter into an agreement with the LCB to pay for costs incurred for enforcement, and the agreement must set standards of enforcement to reduce the extent to which tobacco products are available to persons under the age of 18. The remainder of the funds in the account cover the cost of administering the licensing system and provide grants to local health departments or other local community agencies to develop and implement strategies to prevent and reduce youth tobacco use.

Summary of Bill:

A person who sells cigars, cigarettes, tobacco, or a vapor product to a person under the age of 21 is guilty of a gross misdemeanor.

"Vapor product" is defined as any: (1) device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) cartridge or container of a solution or substance intended to be used with or in such a device; or (3) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. "Vapor product" includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, or similar products or devices, as well as any parts that can be used to build such products or devices. "Vapor product" does not include any product that has been approved by the United States food and drug administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

Requires signage for wholesalers and retailers that sell tobacco and vapor products to be displayed indicating that the sale of tobacco and vapor products to persons under 21 is prohibited.

Tobacco products or vapor products may not be sold through a vending machine unless the machine is located in a place where persons under the age of 21 are prohibited or in an industrial worksite where persons under the age of 21 are not employed, and it is located at least 10 feet from entrances and exits.

The LCB and its employees and agents may enter any place of business where tobacco products or vapor products are sold for the purpose of enforcement. A LCB officer who has reasonable grounds to believe a person under 21 is purchasing or attempting to purchase, or is in possession of tobacco products or vapor products may detain the person to ascertain the person's true identity and date of birth.

LCB officers may also seize tobacco products in the possession of a person under the age of 21.

Interagency agreements between the DOH and the LCB must set enforcement standards to reduce the extent to which tobacco products are available to persons under the age of 21.