Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.345.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Board" means the Washington state liquor and cannabis board.(2) "Business" means any trade, occupation, activity, or enterprise engaged in for the purpose of selling o…
RCW 70.345.020 Types of licenses—Applications—License expiration and display.
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(1) The licenses issuable by the board under this chapter are as follows:(a) A vapor product retailer's license;(b) A vapor product distributor's license; and(c) A vapor product delivery sale license.(2) Application for the licenses must be made through the business licensing sys…
RCW 70.345.030 License required—Must allow inspections—Sale of certain substances prohibited—Penalties.
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(1)(a) No person may engage in or conduct business as a retailer, distributor, or delivery seller in this state without a valid license issued under this chapter, except as otherwise provided by law. Any person who sells vapor products to ultimate consumers by a means other than …
RCW 70.345.040 Licensing fee—Distributors.
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A fee of one hundred fifty dollars must accompany each vapor product distributor's license application or license renewal application under RCW 70.345.020. If a distributor sells or intends to sell vapor products at two or more places of business, whether established or temporary…
RCW 70.345.050 Licensing fee—Retailers.
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(1) A fee of one hundred seventy-five dollars must accompany each vapor product retailer's license application or license renewal application under RCW 70.345.020. A separate license is required for each separate location at which the retailer operates.(2) A retailer applying for…
RCW 70.345.060 Licensing fee—Delivery sales.
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A fee of two hundred fifty dollars must accompany each vapor product delivery sale license application or license renewal application under RCW 70.345.020.[ 2016 sp.s. c 38 s 10.]Notes:Contingent effective date—2016 sp.s. c 38 ss 5-10 and 28: See note following RCW 70.345.020.
RCW 70.345.070 Retail signage.
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(1) Except as provided in subsection (2) of this section, a person who holds a retailer's license issued under this chapter must display a sign concerning the prohibition of vapor product sales to persons under the age of twenty-one. Such sign must:(a) Be posted so that it is cle…
RCW 70.345.075 Product labeling.
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(1) A manufacturer or distributor that sells, offers for sale, or distributes liquid nicotine containers shall label the vapor product with a: (a) Warning regarding the harmful effects of nicotine; (b) warning to keep the vapor product away from children; (c) warning that vaping …
RCW 70.345.080 Vendor assistance required for sales—Exception.
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(1) No person may offer a vapor product for sale in an open, unsecured display that is accessible to the public without the intervention of a store employee.(2) It is unlawful to sell or distribute vapor products from self-service displays.(3) Retail establishments are exempt fro…
RCW 70.345.090 Mail and internet sales—License required—Age and identity verification—Penalties—Enforcement—Application of consumer protection act—Rules.
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(1) No person may conduct a delivery sale or otherwise ship or transport, or cause to be shipped or transported, any vapor product ordered or purchased by mail or through the internet to any person unless such seller has a valid delivery sale license as required under this chapte…
RCW 70.345.100 Product tastings—Requirements—Penalty.
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(1) No person may offer a tasting of vapor products to the general public unless:(a) The person is a licensed retailer under RCW 70.345.020;(b) The tastings are offered only within the licensed premises operated by the licensee and the products tasted are not removed from within …
RCW 70.345.110 Coupons for free of charge products.
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(1) No person may give or distribute vapor products to a person free of charge by coupon, unless the vapor product was provided to the person as a contingency of prior or the same purchase as part of an in-person transaction or delivery sale.(2) This section does not prohibit the…
RCW 70.345.120 Verification of age—Permitted forms of identification—Defense.
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(1) When there may be a question of a person's right to purchase or obtain vapor products by reason of age, the retailer or agent thereof, must require the purchaser to present any one of the following officially issued forms of identification that shows the purchaser's age and b…
RCW 70.345.130 Child-resistant packaging required—Penalty.
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(1) Any liquid nicotine container that is sold at retail shall be packaged in accordance with the child-resistant effectiveness standards set forth in 16 C.F.R. Sec. 1700.15, as in effect on June 28, 2016, as determined through testing in accordance with the method described in 1…
RCW 70.345.140 Purchase or possession by persons under 18—Penalty—Jurisdiction.
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(1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain vapor products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to participation in up to four hours of community service and referral…
RCW 70.345.150 Use of products in public places—When prohibited.
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(1) Indoor areas.(a) The use of vapor products is prohibited in the following indoor areas:(i) Inside a child care facility, provided that a child care facility that is home-based is excluded from this paragraph when children enrolled in such child care facility are not present;(…
RCW 70.345.160 Enforcement—Authority of liquor and cannabis board—Detention to determine identity and age—Inspections—Products injurious to health.
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(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…
RCW 70.345.170 Enforcement—License suspension and revocation—Appeal.
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(1) The board, or its enforcement officers, has the authority to enforce provisions of this chapter.(2) The board may revoke or suspend a retailer's, distributor's, or delivery seller's license issued under this chapter upon sufficient cause showing a violation of this chapter.(3…
RCW 70.345.180 Enforcement—Penalties, sanctions, and actions against licensees.
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(1) The board may impose a monetary penalty as set forth in subsection (2) of this section, if the board finds that the licensee has violated RCW 26.28.080 or any other provision of this chapter.(2) Subject to subsection (3) of this section, the sanctions that the board may impos…
RCW 70.345.190 Disposition of license fees and monetary penalties.
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All license fees collected and funds collected by the board from the imposition of monetary penalties pursuant to this chapter must be deposited into the youth tobacco and vapor products prevention account created in RCW 70.155.120.[ 2016 sp.s. c 38 s 25.]
RCW 70.345.200 Exemptions.
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This chapter does not apply to a motor carrier or a freight forwarder as defined in 49 U.S.C. Sec. 13102 or an air carrier as defined in 49 U.S.C. Sec. 40102.[ 2016 sp.s. c 38 s 26.]
RCW 70.345.210 State preemption—Exceptions.
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(1) This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of vapor product promotions and sales at retail. No political subdivision may impose fees or license requirements on retail outlets for possessing or selling …