SB 6489 — Concerning possession of vapor, vapor products, tobacco, and tobacco products by persons under the age of twenty-one.

S-6015.1SUBSTITUTES-5439.1SENATE SENATE BILL 6489State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators HumanSaldaña, Services,Keiser, ReentryNguyen, &and RehabilitationWilson, (originallyC.Read sponsoredfirst bytime Senators01/17/20.Referred Saldaña,to Keiser,Committee Nguyen,on andLabor Wilson,& C.)READCommerce.AN FIRST TIME 02/07/20.AN ACT Relating to possession of vapor, vapor products, tobacco, and tobacco products by persons under the age of twenty-one;

creating a new sections;section;

The legislature recognizes vapor and tobacco purchase, possession, and use by persons under the age of twenty-one as a public health issue.issue and finds that persons under the age of twenty-one who engage in vapor or tobacco purchasing, possession, or use should not be treated as violators or status offenders but should be offered community-based interventions that are more effective at addressing the use of vapor products and tobacco.Sec.

The legislature further recognizes that, with passage of chapter 15, Laws of 2019, individuals between the ages of eighteen and twenty-one do not face criminal or civil liability for purchase or possession of vapor or tobacco products but that individuals under the age of eighteen continue to face civil liability for purchase or possession of vapor or tobacco products.

The legislature therefore finds that all persons under the age of twenty-one who engage in vapor or tobacco purchasing, possession, or use should not be treated as violators or status offenders but should be offered community-based interventions that are more effective at addressing the use of vapor products and tobacco.Sec.

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) ((ForFor the purpose of enforcing the provisions of this chapter and RCW 26.28.080(4)26.28.080(((4))) and 82.24.500, a peace officer or enforcement officer of the liquor((liquor controlcontrol)) 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((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((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.(4))) The ((liquor control)) boardboard. may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.

TheSeizure board,of localproduct lawunder enforcementthis agencies,section ormay localonly healthoccur departmentsif maythe coordinatepeace controlledofficer purchasesor includingenforcement personsofficer underof the ageboard provides the person under twenty-one years of eighteenage withdocumentation parentaldescribing authorizationthe andseized personsproduct, betweenand the agesperson ofis eighteenprovided andwith twenty-one,written ifinformation theyon arecessation performedresources.(4) inThe accordance((liquor control)) board may work with chapterlocal 49.46county RCW.Sec.health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.Sec.

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) ((ForFor 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((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((eighteen))twenty-one years of age are considered contraband and may be seized by a peace officer or enforcement officer of the board.(4)))board. The board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.

TheSeizure board,of localproduct lawunder enforcementthis agencies,section ormay localonly healthoccur departmentsif maythe coordinatepeace controlledofficer purchasesor includingenforcement personsofficer underof the ageboard provides the person under twenty-one years of eighteenage withdocumentation parentaldescribing authorizationthe andseized personsproduct, betweenand the agesperson ofis eighteenprovided andwith twenty-one,written ifinformation theyon arecessation performedresources.(4) inThe accordanceboard may work with chapterlocal 49.46county RCW.(((5)))(4)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)))(5)solution.(6) Nothing in subsection (((5)))(4)(5) of this section permits a total ban on the sale or use of vapor products.NEW SECTION.  Sec.

Nothing in this act shall be interpreted to limit the ability of a peace officer or an enforcement officer of the liquor and cannabis board to enforce the provisions of chapters 70.155 and 70.345 RCW and RCW 26.28.080 and 82.24.500.NEW SECTION.  Sec.

5.