This bill amends multiple Washington statutes and adds new sections to chapter 70.345 RCW to create a regulatory regime for vapor products and to revise enforcement, licensing, tax, recordkeeping, and public disclosure rules for tobacco, alternative nicotine, and vapor products. It modifies RCW 26.28.080 to make selling or giving tobacco, alternative nicotine products, or vapor products to a person under 21 a gross misdemeanor punishable by up to a $500 fine and removes an agency/representative belief defense; at the same time RCW 70.155.090 is amended to require retailers to obtain specified photographic IDs for purchasers and to make reasonable reliance on those listed IDs a defense to prosecution under RCW 26.28.080, with the liquor and cannabis board required to waive license suspension or revocation when a licensee establishes good faith prevention efforts. The bill establishes licensing requirements under chapter 70.345 RCW for retailers, distributors, and delivery sellers and prohibits retailers from obtaining product except from licensed distributors (or becoming licensed as a distributor if they obtain product directly from an unlicensed source); selling in violation of licensing is declared contraband and may be a class C felony, refusal to allow inspections is a gross misdemeanor, and other operation-in-wrong-capacity violations are misdemeanors. It requires annual manufacturer certifications beginning October 1, 2025 for any nicotine-containing vapor product sold in Washington, supported by FDA marketing orders or PMTA documentation and per-product fees ($1,000 first submission, $500 thereafter). The liquor and cannabis board must maintain a public directory of certified manufacturers and products starting January 1, 2026, update it monthly, and may remove entries after notice and an opportunity to cure; nonlisted products become subject to seizure, forfeiture, destruction, and escalating civil penalties for retailers/distributors ($500 first violation per product up to $1,500 and license revocation on repeated violations) and higher penalties for manufacturers ($10,000 per offending product and class C misdemeanor for false statements). Nonresident manufacturers must appoint an in-state agent and post a $25,000 surety bond as conditions for listing. The bill further prohibits sale of products containing defined “nicotine analogues,” sets escalating monetary penalties and license suspensions/revocations for analogue violations (from $1,500 for a first violation up to $15,000 and a five-year bar for repeated violations), gives the board rulemaking authority, requires annual legislative reporting beginning July 1, 2026, creates a dedicated account for penalty receipts, and amends distributor recordkeeping, inspection, seizure, forfeiture, and certain tax and definition provisions in chapters 82.25 and 82.26 RCW. It also adds confidentiality for manufacturer-submitted FDA documentation under RCW 42.56.270 and explicitly exempts those materials from public disclosure. Several definitions and provisions (for example the full definition of “delivery sale,” the complete “nicotine analogue” definition, and the full set of RCW amendments listed in the bill header) are incomplete in the provided extracts, so some operative text and cross-references cannot be confirmed from the material available.

If enacted, the bill would sharply increase compliance and cost pressure on businesses that make, import, or sell nicotine-containing vapor products in Washington. Manufacturers must start filing yearly certifications with the liquor and cannabis board by October 1, 2025, attach FDA paperwork, pay $1,000 per product the first year and $500 thereafter, notify the attorney general of material changes, and for out-of-state makers post a $25,000 surety bond and name an in-state agent. The board will publish a public directory starting January 1, 2026; products not listed may not be sold after set grace periods, and selling nonlisted or banned “nicotine analogue” products can trigger per-product fines, license suspensions or revocations, seizure and destruction of inventory (with seizure costs charged to the business), and large manufacturer penalties. Retailers, distributors, and delivery sellers face more inspections and at least two unannounced compliance checks a year, stricter ID requirements to prevent sales to anyone under 21 (and loss of the “I believed they were 21” defense), tighter recordkeeping and five-year invoice retention, possible tax liability if sourcing from unlicensed suppliers, and faster enforcement exposure and costs if inventory becomes noncompliant. The liquor and cannabis board and the Department of Revenue would take on new duties and enforcement costs: maintaining the directory, monthly updates and notices to licensees, holding seized goods, and reporting annually to the Legislature beginning July 1, 2026; penalty receipts go into a special account to fund implementation. Businesses most affected are manufacturers (especially foreign/nonregistered ones), retailers, distributors, and delivery sellers, which will likely face higher administrative costs, new filing and bond requirements, inventory risk during transitions, and steeper legal and financial exposure for violations. Some key definitions and removal criteria are incomplete in the available text, so exact triggers and procedures for certain enforcement steps and the full scope of covered products remain unclear.