State law requires:
- Three vapor products licenses for retailers, distributors, and delivery sellers.
- Licensing fees that change for all tobacco retailers.
- Penalties and fines to increase for all tobacco retailers.
The law, RCW 70.345, regulating vapor products will impact all tobacco retailers became effective June 28, 2016. It applies to items such as the ban on open displays, tasting restrictions, ad restrictions on coupons, as well as requirements for child-resistant packaging and labeling. The law regulates all vapor products, whether or not they contain nicotine and is intended to provide Washingtonians with consumer protection, child safety, and eliminating youth access.
In 2019, the legislature clarified the tax on tobacco products to include e-cigarettes, vape pens, and other vaping products, despite the fact that no tobacco or cigarette tax had been previously paid on these products. As of January 1, 2020, tobacco products (including vapor products) will be prohibited for use under the age of 21.
Links to related laws:
- Vapor law: RCW 70.345 (2016)
- Vapor products, taxes: E2SHB 1873 (2019)
- Vapor products, legal age for: EHB 1074, CH 15 (2019)
The online vapor products license application is available and the new licenses, fees, and penalties became effective on August 1st.
Clarification: Licensees are no longer allowed to sell flavored cigarettes or cigarette tobacco, except menthol. Flavored cigars, flavored pipe tobacco and flavored chewing tobacco is still allowed for sale.