Washington HB 2439: Enhancing public health by modifying cigarette, vapor product, and tobacco product policy.

Bill Text

AN ACT Relating to enhancing public health by modifying 1
cigarette, vapor product, and tobacco product policy; amending RCW 2
70.155.010, 82.26.200, 82.26.230, 70.345.030, 82.25.090, 82.24.530, 3
82.24.130, 82.25.030, 82.25.035, 82.25.060, 82.25.070, 82.25.075, 4
70.345.160, 70.155.090, 70.345.120, 70.155.100, 70.345.180, 5
70.345.040, 70.345.050, 70.345.060, 82.24.520, 82.24.530, 82.26.160, 6
82.26.170, 70.155.070, 70.345.110, 82.26.020, 43.348.080, 82.25.015, 7
and 70.155.120; adding new sections to chapter 70.155 RCW; adding new 8
sections to chapter 70.345 RCW; creating a new section; prescribing 9
penalties; providing an effective date; and providing an expiration 10
date.11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:12
PART I13
RESPONSIBLE VENDOR PROGRAM14
Sec. 1. RCW 70.155.010 and 2019 c 15 s 3 are each amended to 15
read as follows:16
The definitions set forth in RCW 82.24.010 apply to this chapter. 17
In addition, for the purposes of this chapter, unless otherwise 18
required by the context:19
(1) "Board" means the Washington state liquor and cannabis board.20
H-3256.2
SUBSTITUTE HOUSE BILL 2439
State of Washington 69th Legislature 2026 Regular Session
By House Consumer Protection & Business (originally sponsored by
Representatives Reeves, Parshley, Pollet, and Macri)
READ FIRST TIME 02/03/26.
p. 1 SHB 2439

(2) "Internet" means any computer network, telephonic network, or 1
other electronic network.2
(3) "Licensee" means a person licensed as a vapor product 3
retailer, vapor product delivery seller, cigarette retailer, or 4
tobacco product retailer.5
(4) "Sample" means a tobacco product distributed to members of 6
the general public at no cost or at nominal cost for product 7
promotion purposes.8
(((4))) (5) "Sampling" means the distribution of samples to 9
members of the public.10
(((5))) (6) "Tobacco product" means a product that contains 11
tobacco and is intended for human use, including any product defined 12
in RCW 82.24.010(2) or 82.26.010(21), except that for the purposes of 13
RCW 70.155.140 only, "tobacco product" does not include cigars 14
defined in RCW 82.26.010 as to which ((one thousand)) 1,000 units 15
weigh more than three pounds.16
(((6))) (7) "Vapor product" has the same meaning as defined in 17
RCW 70.345.010.18
NEW SECTION. Sec. 2. A new section is added to chapter 70.155 19
RCW to read as follows:20
(1) The board must develop rules concerning the adoption and 21
administration of a compliance training program for vapor product 22
retailers, vapor product delivery sellers, cigarette retailers, and 23
tobacco product retailers to be known as a responsible vendor 24
program, to reduce underage consumption of vapor products, 25
cigarettes, and tobacco products, encourage licensees to adopt 26
specific best practices to prevent sales to persons under age 21, and 27
provide licensees with an incentive to give their employees ongoing 28
training in responsible sales.29
(2) Licensees who join the responsible vendor program under this 30
section and maintain all the program's requirements are subject to a 31
50 percent reduction of a monetary penalty for a single violation in 32
any period of 12 calendar months.33
(3) The responsible vendor program must be free, voluntary, and 34
self-monitoring.35
(4) To participate in the responsible vendor program, licensees 36
must submit an application form to the board. If the application 37
establishes that the licensee meets the qualifications to join the 38
program, the board must send the licensee a membership certificate.39
p. 2 SHB 2439

(5) A licensee participating in the responsible vendor program 1
must, at a minimum:2
(a) Provide ongoing training to employees;3
(b) Accept only certain forms of identification for sales of 4
vapor products, cigarettes, and tobacco products;5
(c) Adopt policies on sales of vapor products, cigarettes, and 6
tobacco products and checking identification;7
(d) Post specific signs in the business; and8
(e) Keep records verifying compliance with the program's 9
requirements.10
NEW SECTION. Sec. 3. A new section is added to chapter 70.155 11
RCW to read as follows:12
Vapor product retailers, vapor product delivery sellers, 13
cigarette retailers, and tobacco product retailers may voluntarily 14
participate in the board's responsible vendor program under section 2 15
of this act.16
NEW SECTION. Sec. 4. A new section is added to chapter 70.345 17
RCW to read as follows:18
In accordance with sections 2 and 3 of this act, vapor product 19
retailers and vapor product delivery sellers may voluntarily 20
participate in the board's responsible vendor program in section 1 of 21
this act.22
PART II23
LICENSED DISTRIBUTOR AND WHOLESALER REQUIREMENTS24
Sec. 5. RCW 82.26.200 and 2020 c 139 s 35 are each amended to 25
read as follows:26
(1) A retailer may obtain tobacco products only from a licensed 27
distributor. A retailer that obtains tobacco products from ((an 28
unlicensed distributor or any other)) a