Washington State law requires tobacco manufacturers to provide certain information to the Attorney General's Office (AGO). The AGO maintains and publishes a tobacco product manufacturers directory. Affixing stamps to or selling products not included in the directory is prohibited. Penalties for violations are provided in the law.
There is no nicotine vapor products directory required by Washington State law. The Liquor and Cannabis Board (LCB) issues three types of licenses for vapor products. These licenses include: a vapor product retailer's license, a vapor product distributor's licensed, and a vapor product delivery sale license. No one may engage in or conduct business as a retailer, distributor, or delivery seller in Washington without a valid license issued by LCB.
The bill as referred to committee not considered.
Requirements for Nicotine Vapor Product Manufacturers. Nicotine vapor product manufacturers must submit an annual certification form that separately lists each nicotine vapor product sold in Washington to LCB by August 1, 2024, and thereafter. The certification form must include:
A manufacturer must submit an updated certification form notifying LCB of any material change affecting the ability of the vapor product to be introduced or delivered into interstate commerce. A manufacturer knowingly making false representations on a certification form is guilty of a misdemeanor.
Nicotine Vapor Products Directory. LCB must maintain, publish, and update a nicotine vapor products directory on its public website. The directory must be available by October 1, 2024. When certification forms are submitted to LCB, LCB adds to and removes from the directory manufacturers and the vapor products.
LCB must provide notice and a 15 day right to cure to manufacturers before removal from the directory. LCB must submit a report to the Legislature that includes the status of the directory, manufacturers and products, revenue and expenditures related to administration, and enforcement activities.
Requirements for Retailers, Distributors, and Wholesalers. If a product is removed by LCB from the directory, a retailer, distributor, and wholesaler has 21 days from the day such product is removed from the directory to remove the product from its inventory and return the product to the manufacturer for disposal.
Penalties. It is unlawful to sell or offer nicotine vapor products not listed on the directory. The following penalties:
The AGO may bring a civil action for the penalties, injunctive relief, disgorgement of profits, attorneys fees, costs and relief under the Consumer Protection Act.
The fees and funds collected by LCB from the penalties must be deposited into the general fund and be used for the implementation of this act.
Biannual Compliance Checks. Retailers, distributors, and wholesalers are subject to unannounced biannual compliance checks and an unannounced follow-up compliance check for violators within 30 days after any violation. LCB must publish the results of all compliance checks at least annually and make them available to the public on request. Indian tribal organizations, Indian retailers, and Indian distributors are exempt from this requirement.
Foreign Manufacturers. Any nonresident or foreign manufacturers not registered to do business in Washington State, must appoint an agent in this state for service of process on the manufacturer.
Annual Report. Beginning January 31, 2025, LCB must submit a report to the Legislature, including the status of the directory, the manufacturers and products included in the directory, the revenue and expenditures related to administration, and the enforcement activities.
PRO: This directory for nicotine vapor products would promote safety by listing all the products that have been reviewed and approved by the United States Food and Drug Administration (FDA). There are thousands of vapor products on the market, making it difficult for retailers to know what products are in compliance with FDA regulations. The creation of a directory is a valuable tool that protects retailers and customers and will remove illicit products from Washington shelves. A directory will provide clarity and allow businesses to know which products are in compliance with FDA regulations and legal to sell. Vapor products are also impacting our youth. As these illegal products flood the market, thousands of illicit products now flood the schools. A directory may help restrict youth access to vapor products. There is a concern surrounding the bill not including a sell-through window. There should be a window of time established for retailers to sell-through their products when the registry becomes active.
CON: There was 23 million products submitted for the pre-marketing authorization to the FDA, and of those products, the FDA has only approved 23. The bill would only warrant FDA approved products to be on the directory. Of the 23 products approved by the FDA, only 6 are available to consumers. There is no pending list available. Most people have received a marketing denial order from the FDA. 99.9 percent of vapor products would be removed from the shelves in Washington State. The products available that have been FDA approved are from big tobacco companies. This bill would harm small businesses in the state. Additionally, this bill would negatively impact the excise tax revenue that funds cancer research because people would resort to selling products not listed on the directory illegally.
PRO: Senator Kevin Van De Wege, Prime Sponsor; Kerry Schulz, Creekside Market; Crystal Leatherman, Washington Retail Association; Chong Sullivan, Korean American Grocers Association; John Haberman, Wentachee Valley Truck Stop; Gloria Grylls, United Pacific; Mike Palelek, CoreMark; Stefan Bjes, Blue Line Spectrum Safety Law Enforcement Consulting; Dave Dobbins, Altria Client Services.