IPCPR Legislative | Restrictions in Washington

Restrictions in Washington

washington

Smoking, Age and Sampling Restrictions in Washington

Washington law prohibits smoking in: public places, including schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, hotel or motel rooms, and within 25 feet of entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; and places of employment, including entrances and exits to the places of employment, work areas, restrooms, conference and classrooms, break rooms and cafeterias, other common areas, and within 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

 

Wash. Rev. Code. § 70.160.030: Smoking prohibited in public places or places of employment.
Wash. Rev. Code. § 70.160.020: Definitions.

 

Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under state law must prohibit smoking in public places and places of employment and must post signs prohibiting smoking. Signs must be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs must be posted conspicuously at each entrance and in prominent locations throughout the place.

 

Wash. Rev. Code. § 70.160.050: Owners, lessees to post signs prohibiting smoking.

 

Local fire departments or fire districts and local health departments may adopt regulations as required to implement state law.

 

Wash. Rev. Code. § 70.160.080: Local regulations authorized.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Private residences, unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises
  • Private facilities that are occasionally open to the public, except on the occasions when the facility is open to the public
  • Private enclosed workplaces, within public places, even though such workplaces may be visited by nonsmokers, excepting places in which smoking is prohibited by the chief of the Washington state patrol, through the director of fire protection, or by other law, ordinance, or regulation

 

Wash. Rev. Code. § 70.160.020: Definitions.
Wash. Rev. Code. § 70.160.060: Intent of chapter as applied to certain private workplaces.

 

Washington state law does not provide a smoking ban exemption for tobacco retail stores, cigar bars, or tobacconists.

Individuals under 18 years of age cannot purchase, attempt to purchase, possess, obtain, or attempt to obtain cigarettes or tobacco products. Similarly, it is illegal to sell, give, or permit to be sold or given to any person under 18 years of age any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product.

 

Wash. Rev. Code. § 70.155.080: Purchasing, possessing by persons under eighteen – Civil infraction – Jurisdiction.
Wash. Rev. Code. § 26.28.080: Selling or giving tobacco to minor.

 

Any employee can sell and handle tobacco products when:

 

  • The business has a cigarette retailer’s license, or
  • The business has registered with the Department of Revenue, and
  • There is a supervising employee who is 18 years of age or older on the retail premises.

 

If someone under 14 years of age is employed by a retailer, the retailer must obtain a written permit from a judge of a superior court of the minor’s county of residence. Having an employee under 18 years of age who handles and sells cigarettes and tobacco products is not considered “possessing” cigarettes and tobacco products and is not considered “giving” the employee cigarettes and tobacco products.

 

Wash. Admin. Code § 314-10-040: How old do employees have to be to sell and handle cigarettes or tobacco products?
Wash. Rev. Code. § 26.28.060: Child labor – Penalty.
Wash. Admin. Code § 296-125-018: Minimum age for employment.

 

Licensed tobacco product retailers must display a sign concerning the prohibition of tobacco sales to minors. The sign must be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee and must be designed and produced by the Department of Health to read:

 

“THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU COULD BE PENALIZED FOR PURCHASING A TOBACCO PRODUCT; PHOTO ID REQUIRED.”

 

Wash. Rev. Code. § 70.155.020: Prohibition sign to be posted.

 

State law preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or regulate or prohibit youth access or sampling of tobacco products. This preemption does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with state law.

 

Wash. Rev. Code. § 70.155.130: Preemption of political subdivisions.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

 

In Washington, no person may engage in the business of sampling tobacco products.

 

Wash. Rev. Code. § 70.155.050: Sampling prohibited – Penalty.

 

No person may give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.

 

Wash. Rev. Code. § 70.155.070: Coupons.

 

State law preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or regulate or prohibit youth access or sampling of tobacco products. This preemption does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with state law.

 

Wash. Rev. Code. § 70.155.130: Preemption of political subdivisions.

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