E-Cigarette Regulations - Washington

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

No

 

How does the state define an e-cigarette?

Vapor product means “any noncombustible product that may contain nicotine and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance [including] electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in [such a device].”
Wash. Rev. Code Ann. § 70.345.010(19) (2017)

Closed system nicotine container means “a sealed, prefilled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.”
Wash. Rev. Code Ann. § 70.345.010(4) (2017)

Liquid nicotine container means “a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration [excepting] closed system nicotine containers.”
Wash. Rev. Code Ann. § 70.345.010(8) (2017)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

N/A

 

What regulations are in place for e-cigarette packaging?

Liquid nicotine containers must be child resistant.
Wash. Rev. Code Ann. § 70.345.130(1) (2017)

 

What restrictions are in place for retail or youth access?

Sale of vapor products to persons under age 18 prohibited.
Wash. Rev. Code Ann. § 26.28.080(1) (2017)

Purchase/possession of vapor products by persons under age 18 prohibited.
Wash. Rev. Code Ann. § 70.345.140(1) (2017)

Self-service displays of vapor products prohibited except in retailers inaccessible to persons under age 18.
Wash. Rev. Code Ann. § 70.345.080 (2017)

Samples of vapor products must take place within licensed retail premises that is restricted to those over the age of 18 years, contain no nicotine (unless “customer explicitly consents”), and use a disposable mouthpiece.
Wash. Rev. Code Ann. § 70.345.100 (2017)

Free vapor product distribution prohibited unless part of in-person transaction/sale of vapor product.
Wash. Rev. Code Ann. § 70.345.110 (2017)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Wash. Rev. Code Ann. § 70.345.030(1)(a) (2017)

 

What smoke-free restrictions exist for e-cigarette use?

Use of vapor products prohibited in and on grounds of child care facilities, schools, playgrounds, school buses, elevators, and within 500 feet of schools.
Wash. Rev. Code Ann. § 70.345.150 (2017)

Use of electronic cigarettes within public institutions of higher education restricted through regulation. (e.g., Eastern Washington University Wash. Admin. Code § 172-122-310 (2017); Peninsula College Wash. Admin. Code § 132A-125-030(10)(d) (2017); Lake Washington Institute of Technology Wash. Admin. Code § 495D-140-070(4) (2017); University of Washington Wash. Admin. Code § 478-136-035 (2017))

 

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