Local Government Regulation of Vapor Products

This document is a summary of some of the contents of ESSB 6328. It omits some provisions and details, and is not a substitute for the statute itself. Those seeking legal advice about the meaning of the statute should consult with an attorney.

Local Governments may regulate:
Local governments may regulate use of vapor products in outdoor public places where children congregate, such as schools, playgrounds and parks. State law already bans their use at:

• Outdoor areas of school property.
• On playgrounds from sunrise to sunset, when at least one person under 12 is present.
• Any outdoor property of a child care facility, except when no child enrolled is present.

Local governments may regulate use of vapor products in indoor public places, except they may not allow use of vapor products where state law already bans their use such as:

• Child care facilities, except in-home ones with no enrolled children present.
• Schools and school buses.
• Within 500 feet of schools.
• Elevators.

Local Governments may not regulate:

• Regulate promotions and retail sales of vapor products
• May not adopt or enforce regulations. One interpretation is that locals may not regulate most fields already regulated by ESSB 6328, including signage, labeling, age identification, vendor-assisted sales, mail and internet sales, child-resistant packaging, tastings, and coupons.
• License promotions and retail sales of vapor products, except general licenses not specific to vapor products such as business licenses.
• Impose fees on retailers, except general business taxes and license fees not specific to vapor products.