State lawmakers agree to new warning labels for e-cigarettes

[5150sick]

http://www.seattletimes.com/seattle...agree-to-new-warning-labels-for-e-cigarettes/

 

[CaFF]

They are burying the lead on this one. It's not just labels and the children.

Read Section 17 about sales...unless you are licensed in WA (background checks and $$$), you cannot sell to a WA resident. Mails, Internet or otherwise. Oh, and you have to use debit/credit cards.

If I'm limited to local B&M stores, I won't be able to afford to vape. Not to mention I don't drive anymore and well, that's a going to be a PITA compared to clicking a mouse.

Sites like vapeNW and ECX are WA sites, but you can bet they will pass the buck if they have to shell out big money for licenses, juice testing and re-labeling.

NEW SECTION. Sec. 17. MAIL AND INTERNET SALES. (1) No person 17
may conduct a delivery sale or otherwise ship or transport, or cause 18
to be shipped or transported, any vapor product ordered or purchased 19
by mail or through the internet to any person unless such seller has 20
a valid delivery sale license as required under this chapter. 21
(2) No person may conduct a delivery sale or otherwise ship or 22
transport, or cause to be shipped or transported, any vapor product 23
ordered or purchased by mail or through the internet to any person 24
under the minimum age required for the legal sale of vapor products 25
as provided under section 14 of this act. 26
(3) A delivery sale licensee must provide notice on its mail 27
order or internet sales forms of the minimum age required for the 28
legal sale of vapor products in Washington state as provided by 29
section 14 of this act. 30
(4) A delivery sale licensee must not accept a purchase or order 31
from any person without first obtaining the full name, birth date, 32
and residential address of that person and verifying this information 33
through an independently operated third-party database or aggregate 34
of databases, which includes data from government sources, that are 35
regularly used by government and businesses for the purpose of age 36
and identity verification and authentication. 37
p. 12 ESSB 6328.PL(5) A delivery sale licensee must accept payment only through a 1
credit or debit card issued in the purchaser's own name. The licensee 2
must verify that the card is issued to the same person identified 3
through identity and age verification procedures in subsection (4) of 4
this section. 5
(6) Before a delivery sale licensee delivers an initial purchase 6
to any person, the licensee must verify the identity and delivery 7
address of the purchaser by mailing or shipping to the purchaser a 8
notice of sale and certification form confirming that the addressee 9
is in fact the person placing the order. The purchaser must return 10
the signed certification form to the licensee before the initial 11
shipment of product. Certification forms are not required for repeat 12
customers. In the alternative, before a seller delivers an initial 13
purchase to any person, the seller must first obtain from the 14
prospective customer an electronic certification, such as by email, 15
that includes a declaration that, at a minimum, the prospective 16
customer is over the minimum age required for the legal sale of a 17
vapor product, and the credit or debit card used for payment has been 18
issued in the purchaser's name. 19
(7) A delivery sale licensee must include on shipping documents a 20
clear and conspicuous statement which includes, at a minimum, that 21
the package contains vapor products, Washington law prohibits sales 22
to those under the minimum age established by this chapter, and 23
violations may result in sanctions to both the licensee and the 24
purchaser. 25
(8) A person who knowingly violates this section is guilty of a 26
class C felony, except that the maximum fine that may be imposed is 27
five thousand dollars. 28
(9) In addition to or in lieu of any other civil or criminal 29
remedy provided by law, a person who has violated this section is 30
subject to a civil penalty of up to five thousand dollars for each 31
violation. The attorney general, acting in the name of the state, may 32
seek recovery of the penalty in a civil action in superior court. 33
(10) The attorney general may seek an injunction in superior 34
court to restrain a threatened or actual violation of this section 35
and to compel compliance with this section. 36
(11) Any violation of this section is not reasonable in relation 37
to the development and preservation of business and is an unfair and 38
deceptive act or practice and an unfair method of competition in the 39
conduct of trade or commerce in violation of RCW 19.86.020. Standing 40
p. 13 ESSB 6328.PLto bring an action to enforce RCW 19.86.020 for violation of this 1
section lies solely with the attorney general. Remedies provided by 2
chapter 19.86 RCW are cumulative and not exclusive. 3
(12)(a) In any action brought under this section, the state is 4
entitled to recover, in addition to other relief, the costs of 5
investigation, expert witness fees, costs of the action, and 6
reasonable attorneys' fees. 7
(b) If a court determines that a person has violated this 8
section, the court shall order any profits, gain, gross receipts, or 9
other benefit from the violation to be disgorged and paid to the 10
state treasurer for deposit in the general fund. 11
(13) Unless otherwise expressly provided, the penalties or 12
remedies, or both, under this section are in addition to any other 13
penalties and remedies available under any other law of this state. 14
(14) A licensee who violates this section is subject to license 15
suspension or revocation by the board. 16
(15) The board may adopt by rule additional requirements for mail 17
or internet sales. 18
(16) The board must not adopt rules prohibiting internet sales. 19

Sure, they say there are no rules that can be passed regarding Internet Sales being banned, that would take away the money from Licensing fees.

Sponsored bi-partisanly too; 3 dems 3 repubs.
Passed; yeas, 74; nays, 20; absent, 0; excused, 4
Sent to the Gov's desk already...we're pretty hosed.

Bought me another liter of nic this morning, but that's just a stopgap move in reality.

Links:
https://legiscan.com/WA/research/SB6328/2015
http://app.leg.wa.gov/billinfo/summary.aspx?bill=6328&year=2015

 

[CaFF]

Here is a nice write-up on it as passed:

Analysis of Washington State’s new proposed vape regulation bill – SB-6328

Earlier this week, the state legislature in Washington passed a new bill, SB-6328, that, if enacted, will impose a wholly new regulatory scheme on the vapor products industry, affecting not only Washington-based vapor businesses, but also those who do business in Washington (including over the internet). The full text of the bill can be found here. It is currently awaiting a signature from the Governor.

Link: https://vapelawblog.com/2016/03/31/analysis-of-washington-states-new-proposed-vape-regulation-bill-sb-6328/


Signing is imminent now:
http://www.governor.wa.gov/office-governor/official-actions/bill-action

Not a lot of Info. but it appears to be going forward tomorrow.

Tuesday, April 19, 2016 - 4:00pm
Location: SeaTac Hilton

PDF Info: https://crmpublicwebservice.des.wa....onnotice/c9526e9f-9602-e611-80e0-005056ba1db5

 

[CaFF]

Well, it got signed.

Seattle PI article: http://www.seattlepi.com/news/article/Inslee-signs-statewide-vaping-rules-for-Washington-7258545.php


For those who wish to read it, here is a nicely laid-out HTML page of the bill:

http://lawfilesext.leg.wa.gov/Biennium/2015-16/Htm/Bills/Senate Bills/6328.htm

Source: http://openstates.org/wa/bills/2015-2016/SB6328/

 

[X-Puppy]

I don't know how this one got past me.

 

[Miamora]

Thanks for all the work you put into keeping us informed its much appreciated