Tobacco and Vapor Laws
VAPOR PRODUCT LAWS: RCW 70.345
In 2016, the Washington State Legislature passed a vapor product law that requires vapor product licenses for retailers, distributors and delivery sellers. The law bans open displays and includes tasting and couponing restrictions, as well as requirements for child-resistant packaging and labeling. The law regulates all vapor products, whether or not they contain nicotine and is intended to provide Washingtonians with consumer protection, child safety, and eliminating youth access. The law does allow for vaping to occur indoors within vaping retail establishments.
Information on RCW 70.345 is available on the Washington State Liquor and Cannabis Board website.
The Food & Drug Administration’s 2009 Tobacco Control Act regulates the manufacture, distribution and marketing of tobacco products. In 2016, US Food and Drug Administration began prohibiting free samples of vapor products containing nicotine and all tobacco products. The FDA has also extended its regulation to cigars, hookah tobacco, and pipe tobacco. This sampling ban applies to all products that contain tobacco or nicotine.
Washington State House Bill 1873, a tax on vape products. House Bill 1873 imposes a tax of 9 cents per milliliter of solution on products in an "accessible container”; and a tax on all other vapor products of 27 cents per milliliter of solution. In addition, the bill directs all revenues from the tax on vapor products must be divided evenly between the Foundational Public Health Services Account and the Andy Hill Cancer Research Endowment Fund Match Transfer Account. A reduction in tax is provided for certain products issued a modified risk tobacco order. In addition, the bill repeals the expiration date on the Andy Hill Cancer Research Endowment Fund Match Transfer Account, and removes the limit on the state contribution to the Andy Hill Cancer Research Endowment Fund Match Transfer Account. The bill originally passed off the House floor on April 26th, just two days before Sine Die, with a vote of 58-38. It then passed off the Senate floor with a vote of 35-13. The House concurred on the Senate amendments with a vote of 56-42.