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"?



How does the state define an e-cigarette?

Sales and Use Restrictions

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) (2020)

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) (2020)

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) (2020)


Vapor product means “any noncombustible product containing a solution or other consumable substance, regardless of whether it contains nicotine, which employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to produce vapor from the solution or other substance, including an electronic cigarette, electronic cigare, electronic cigareillo, lectronic pipe, or similar product or device. The term also includes any cartridge or other container of liquid nicotine, solution, or other consumable substance, regardless of whether it contains nicotine, that is intended to be used with or in a device that can be used to deliver aerosolized or vaporized nicotine to a person inhaling from the device and is sold for such purpose.”
Wash. Rev. Code Ann. § 82.101(15) (2020)

Accessible container means a container “that is intended to be opened.”
Wash. Rev. Code Ann. § 82.101(1) (2020)


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

Vapor products taxed at rate of $0.27 per milliliter of solution.
Wash Rev. Code Ann. § 82.102(1)(a)(i) (2020)

Accessible container of solution greater than 5 milliliters subject to tax of $0.09 per milliliter of solution…”
Wash Rev. Code Ann. §82.102(1)(a)(ii) (2020)


What regulations are in place for e-cigarette packaging?

Liquid nicotine containers must be child resistant.
Wash. Rev. Code Ann. § 70.345.130(1) (2020)

All “liquid nicotine containers must be labeled with a warning regarding harmful effects of nicotine, a warning to keep the ‘vapor product’ away from children, a warning that vaping is illegal for minors, and for ‘open systems,’ a disclosure of the amount of nicotine in milligrams per milliliter, along with the total volume of the container in milliliters.”
Wash. Rev. Code Ann. § 70-345-075(A) (2020)


What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 21 prohibited.
Wash. Rev. Code Ann. § 26.28.080(1) (2020)

Purchase/possession of vapor products by persons under age 18 prohibited.
Wash. Rev. Code Ann. § 70.345.140(1) (2020)

Self-service displays of vapor products prohibited except in retailers inaccessible to persons under age 21.
Wash. Rev. Code Ann. § 70.345.080 (2020)

Samples of vapor products must take place within licensed retail premises that is restricted to those over the age of 21 years, contain no nicotine (unless “customer explicitly consents”), and use a disposable mouthpiece.
Wash. Rev. Code Ann. § 70.345.100 (2020)

Free vapor product distribution prohibited without contemporaneous purchase of vapor product.
Wash. Rev. Code Ann. § 70.345.110 (2020)

Sale of vapor products containing vitamin E acetate prohibited.
Wash. Admin. Code § 246-80-021(2) (2020)

Delivery sales of vapor products prohibited unless seller has a valid delivery sale license, verifies the age of the purchaser through a third-party database, and only accepts payment through a credit or debit card in the purchaser’s name.
Wash. Rev. Code Ann. § 70.345.090(1)-(7) (2020)

Sales/distribution, and/or advertisement of electronic cigarettes on certain campuses of higher education prohibited. (e.g., Eastern Washington University Wash. Admin. Code § 172-122-310(3) (2020); WSU Vancouver Wash. Admin. Code § 504-37-020(5), (7) (2020); Washington State University Pullman Wash. Admin. Code § 504-38-020(6), (8) (2020))


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

Wash. Rev. Code Ann. § 70.345.030(1)(a) (2020)


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 (2020)

Vaping prohibited in indoor early learning facilities, vehicles used to transport children, and outdoors on property during nonbusiness hours in a place that would not be considered a “public place” and at least 25 feet from entrances, windows and vents.
Wash. Admin. Code § 110-300-0420(2) (2020)

Use of electronic cigarettes within public institutions of higher education restricted through regulation. (e.g., Eastern Washington University Wash. Admin. Code § 172-122-310 (2020); Peninsula College Wash. Admin. Code § 132A-125-030(10)(d) (2020); Spokane Falls Community College Wash. Admin. Code §132Q-10-231 (2020); Bellingham Technical College Wash. Admin. Code § 495B-140-070(2) (2020); Washington State University Vancouver Wash. Admin. Code § 504-37-020 (2020); Washington State University Pullman Wash. Admin. Code § 504-38-020 (2020); Bellevue College Wash. Admin. Code § 132H-126-100(24) (2020); Lake Washington Institute of Technology Wash. Admin. Code § 495D-140-070 (2020); and University of Washington Wash. Admin. Code § 478-136-035 (2020))

Use of electronic smoking devices in State veteran homes prohibited (except designated outdoor smoking areas).
Wash. Admin. Code § 484-20-090(1)(h) (2020)


Washington state e-cigarette regulations as of December 15, 2020.

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