Working to transform the child welfare system.

HB 1932: Concerning vapor products

Nicotine is one of the most powerfully addictive substances for individuals under twenty-one years of age whose brains are still developing and flavored nicotine and marijuana products are marketed to youth and also may cause adverse effects from the increased absorption of nicotine or hazardous substances into the body.

The legislature intends to ban the sale of flavored vapor products and flavored marijuana products and to require producers and retailers of vapor products to promote the responsible recycling and end-of-life management of vapor products.  The bill provides extensive details on how the banning and requirements would work.

HR 1932 also amends current RCW to require a $175 fee for each vapor products retailer’s license or renewal or a combined fee of $250.  It also establishes that by November 1, 2021, and each November 1st thereafter, the board will set an additional administrative fee, applicable during the following calendar year, for licensed marijuana retailers and details how the amount of fee will be determined.  Most of the fees must be deposited into the Youth Tobacco and Vapor Products Prevention Account created in RCW 70.155.120, except for fees imposed under RCW 70.345.050(3) that must be deposited in the Vapor Product Stewardship Account.

Beginning January 1, 2020, a retailer or distributor licensed under this chapter may not sell, offer for sale, or possess with the intent to sell or offer for sale flavored vapor products. If the federal government expressly preempts a ban on flavored vapor products or if a court of competent jurisdiction finds that the federal government occupies the field in this area of regulation, this section is inoperative to the extent that the federal government has acted.

Beginning January 1, 2020, a marijuana retailer licensed under this chapter may not sell, offer for sale, or possess with the intent to sell or offer for sale any flavored marijuana product intended for consumption through vaporization or aerosolization. 

A vapor product licensee may not:

  • take any action, directly or indirectly, to target youth in the advertising, promotion, or marketing of vapor products, or
  • take any action the primary purpose of which is to initiate, maintain, or increase the incidence of youth use of vapor products, including third-party product placement in any media aimed at youth.

The Department of Health may adopt rules regarding labels on vapor products including, but not limited to, identifying potential harmful effects, indicating the legal age to use the product, warning to keep the product away from children, and disclosure of ingredients in vapor products.

The board must have, in addition to the board’s other powers and authorities, the authority to enforce the provisions of this chapter. The board may, in conjunction with local law enforcement agencies, conduct random and unannounced inspections of a retailer to investigate whether flavored vapor products are sold or offered for sale. The board may seize any flavored vapor products found during such inspection.

Finally, if any part of this act is in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict. Rules adopted under this act must meet federal requirements that are a necessary condition to receive federal funds by the state.