S-5439.1

SENATE BILL 6489

BySenators Saldaña, Keiser, Nguyen, and Wilson, C.

AN ACT Relating to possession of vapor, vapor products, tobacco, and tobacco products by persons under the age of twenty-one; amending RCW 70.155.110 and 70.345.160; creating a new section; and repealing RCW 70.155.080 and 70.345.140.

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

Sec. 2. RCW 70.155.110 and 1993 c 507 s 12 are each amended to read as follows:

(1) The ((liquor control)) board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080(((4))) and 82.24.500. The ((liquor control)) board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of RCW 70.155.100.

(2) The ((liquor control)) board and the board's authorized agents or employees shall have full power and authority to enter any place of business where tobacco products are sold for the purpose of enforcing the provisions of this chapter.

(3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080(((4))) and 82.24.500, a peace officer or enforcement officer of the ((liquor control)) board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of ((eighteen))twenty-one years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products possessed by persons under the age of ((eighteen))twenty-one years of age are considered contraband and may be seized by a peace officer or enforcement officer of the ((liquor control)) board. Seizure of product under this section may only occur if the peace officer or enforcement officer of the board provides the person under twenty-one years of age documentation describing the seized product, and the person is provided with written information on cessation resources.

(4) The ((liquor control)) board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.

Sec. 3. RCW 70.345.160 and 2016 sp.s. c 38 s 24 are each amended to read as follows:

(1) The board must have, in addition to the board's other powers and authorities, the authority to enforce the provisions of this chapter.

(2) The board and the board's authorized agents or employees have full power and authority to enter any place of business where vapor products are sold for the purpose of enforcing the provisions of this chapter.

(3) For the purpose of enforcing the provisions of this chapter, a peace officer or enforcement officer of the board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of vapor products is under ((eighteen))twenty-one years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, vapor products possessed by persons under ((eighteen))twenty-one years of age are considered contraband and may be seized by a peace officer or enforcement officer of the board. Seizure of product under this section may only occur if the peace officer or enforcement officer of the board provides the person under twenty-one years of age documentation describing the seized product, and the person is provided with written information on cessation resources.

(4) The board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.

(5) Upon a determination by the secretary of health or a local health jurisdiction that a vapor product may be injurious to human health or poses a significant risk to public health:

(a) The board, in consultation with the department of health and local county health jurisdictions, may cause a vapor product substance or solution sample, purchased or obtained from any vapor product retailer, distributor, or delivery sale licensee, to be analyzed by an analyst appointed or designated by the board;

(b) If the analyzed vapor product contains an ingredient, substance, or solution present in quantities injurious to human health or posing a significant risk to public health, as determined by the secretary of health or a local health jurisdiction, the board may suspend the license of the retailer or delivery sale licensee unless the retailer or delivery sale licensee agrees to remove the product from sales; and

(c) If upon a finding from the secretary of health or local health jurisdiction that the vapor product poses an injurious risk to public health or significant public health risk, the retailer or delivery sale licensee does not remove the product from sale, the secretary of health or local health officer may file for an injunction in superior court prohibiting the sale or distribution of that specific vapor product substance or solution.

(6) Nothing in subsection (5) of this section permits a total ban on the sale or use of vapor products.

(1) RCW 70.155.080 (Purchasing, possessing by persons under eighteen—Civil infraction—Jurisdiction) and 2002 c 175 s 47, 1998 c 133 s 2, & 1993 c 507 s 9; and

(2) RCW 70.345.140 (Purchase or possession by persons under eighteen—Penalty—Jurisdiction) and 2016 sp.s. c 38 s 14.

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