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?
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] any 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 § 70.345.010(18) (2023)
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 § 70.345.010(4) (2023)
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 [except] closed system nicotine containers.”
Wash. Rev. Code § 70.345.010(8) (2023)
Tax
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 cigar, electronic cigarillo, electronic 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 § 82.25.005(15) (2023)
Accessible container means “a container that is intended to be opened.”
Wash. Rev. Code § 82.25.005(1) (2023)
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 § 82.25.010(1)(a)(i) (2023)
Accessible container of solution greater than 5 milliliters subject to tax of $0.09 per milliliter of solution.”
Wash Rev. Code § 82.25.010(1)(a)(ii) (2023)
What regulations are in place for e-cigarette packaging?
Liquid nicotine containers must be child resistant.
Wash. Rev. Code § 70.345.130(1) (2023)
All liquid nicotine containers must be labeled with a warning regarding the 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 § 70-345-075(1) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of vapor products to persons under age 21 prohibited.
Wash. Rev. Code § 26.28.080(1) (2023)
Purchase/possession of vapor products by persons under age 18 prohibited.
Wash. Rev. Code § 70.345.140(1) (2023)
Self-service displays of vapor products prohibited except in retailers inaccessible to persons under age 21.
Wash. Rev. Code § 70.345.080 (2023)
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 § 70.345.100 (2023)
Free vapor product distribution prohibited without contemporaneous purchase of vapor product.
Wash. Rev. Code § 70.345.110 (2023)
Sale of vapor products containing vitamin E acetate prohibited.
Wash. Admin. Code § 246-80-021 (2023)
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 § 70.345.090(1)—(7) (2023)
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) (2023)), WSU Vancouver (Wash. Admin. Code §§ 504-37-020(5), (7) (2023)), Washington State University Pullman (Wash. Admin. Code § 504-38-020(6), (8) (2023)))
Is a retail license or permit required to sell e-cigarettes?
Yes (retailer, distributor, and delivery seller).
Wash. Rev. Code § 70.345.030(1)(a) (2023)
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 § 70.345.150 (2023)
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) (2023)
Use of electronic cigarettes within public institutions of higher education restricted through regulation (e.g., Eastern Washington University (Wash. Admin. Code § 172-122-310 (2023)), Peninsula College (Wash. Admin. Code § 132A-125-030(10)(d) (2023)), Spokane Falls Community College (Wash. Admin. Code § 132Q-10-231 (2023)), Bellingham Technical College (Wash. Admin. Code § 495B-140-070(2) (2023)), Washington State University Vancouver (Wash. Admin. Code § 504-37-020 (2023)), Washington State University Pullman (Wash. Admin. Code § 504-38-020 (2023)), Bellevue College (Wash. Admin. Code § 132H-126-100(264) (2023)), Lake Washington Institute of Technology (Wash. Admin. Code § 495D-140-070(4) (2023)), and University of Washington (Wash. Admin. Code § 478-136-035 (2023))).
Use of electronic smoking devices on State veteran home campuses prohibited (except for residents authorized to smoke prior to the no smoking rule or in designated outdoor smoking areas).
Wash. Admin. Code § 484-20-090(1)(i) (2023)
Washington state e-cigarette regulations as of March 15, 2023.