HB 1054 — Concerning the age of individuals at which sale or distribution of tobacco and vapor products may be made.

H-4139.1SECONDZ-0196.3HOUSE SUBSTITUTE HOUSE BILL 1054State of Washington65th Legislature2018Legislature2017 Regular SessionBy House Finance (originally sponsored by Representatives Harris, Cody, Orwall, DeBolt, Johnson, McBride, Clibborn, Short, Pettigrew, Robinson, Fey, Kilduff, Riccelli, Ryu, Nealey, Goodman, Tharinger, Stanford, Frame, Stokesbary, Pollet, Jinkins, Haler, Kagi, Hargrove, Fitzgibbon, Appleton, Chapman, Senn, Bergquist, Gregerson, Young, Farrell, and Slatter;

by request of Attorney General and Department of Health)READHealthPrefiled FIRST01/04/17. TIME 01/26/18.AN ACT Relating to protecting youth from tobacco products and vapor products by increasing the minimum legal age of sale of tobacco and vapor products;

amendingRead RCWfirst 26.28.080,time 70.155.005,01/09/17. 70.155.010, 70.345.010, 70.155.020, 70.345.070, 70.345.100, 70.155.030, and 70.155.120;

Referred to Committee on Health Care & Wellness.AN ACT Relating to protecting youth from tobacco products and vapor products by increasing the minimum legal age of sale of tobacco and vapor products;

amending RCW 26.28.080, 70.155.005, 70.155.010, 70.345.010, 70.155.020, 70.345.070, 70.345.100, 70.155.030, 70.345.160, 70.155.110, and 70.155.120;

c 38 s 1 are each amended to read as follows:(1) ((Every)) A person who sells or gives, or permits to be sold or given, to any person under the age of ((eighteen)) twenty-one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor.(2) It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.(3) For the purposes of this section, "vapor product" has the same meaning as provided in RCW 70.345.010.Sec. 2.  RCW 70.155.005 and 1993 c 507 s 1 are each amended to read as follows:(1) The legislature finds that chapter ..., Laws of 20182017 (this act) furthers the public health, safety, and welfare by reducing youth access to addictive and harmful products.(2) While present state law prohibits the sale and distribution of tobacco and vapor products to ((minors)) youth under the age of eighteen, youth obtain ((tobacco)) these products with ease.

It is imperative to effectively reduce the sale, distribution, and availability of tobacco products to minors.Sec. 3.  RCW 70.155.010 and 2009 c 278 s 1 are each amended to read as follows:The definitions set forth in RCW 82.24.010 ((shall))shall apply to this chapter.

and(e) If the customer is tasting from a vapor device owned and maintained by the retailer, a disposable mouthpiece tip is attached to the vapor product being used by the customer for tasting or the vapor device is disposed of after each tasting.(2) A violation of this section is a misdemeanor.Sec. 8.  RCW 70.155.030 and 1994 c 202 s 1 are each amended to read as follows:(1) No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which ((minors)) persons under the age of twenty-one are prohibited or in industrial worksites where ((minors)) persons under the age of twenty-one are not employed and not less than ten feet from all entrance or exit ways to and from each premise.(2) The board shall adopt rules that allow an exception to the requirement that a device be located not less than ten feet from all entrance or exit ways to and from a premise if it is architecturally impractical for the device to be located not less than ten feet from all entrance and exit ways.Sec. 9.  RCW 70.155.12070.345.160 and 2016 1st 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)) an 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)) an enforcement officer of the board.(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.Sec. 10.  RCW 70.155.110 and 1993 c 507 s 12 are each amended to read as follows:(1) The liquor ((control)) and cannabis 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)) and cannabis 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)) and cannabis 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)) an enforcement officer of the liquor ((control)) and cannabis 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)) a 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)) an enforcement officer of the liquor ((control)) and cannabis board.(4) The liquor ((control)) and cannabis board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.Sec. 11.  RCW 70.155.120 and 2016 1st sp.s.

The agreements shall also set forth requirements for data reporting by the liquor and cannabis board regarding its enforcement activities.(4) The department of health, the liquor and cannabis board, and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.(5) The department of health shall, within up to seventy percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco and vapor product intervention strategies to prevent and reduce tobacco and vapor product use by youth.NEW SECTION.  Sec. 10.  ThisSECTION.  Sec. 12.  This act takes effect January 1, 2019.NEW2018.NEW SECTION.  Sec. 11.  IfSECTION.  Sec. 13.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.--- END ---