AN ACT Relating to protecting public health and safety by regulating the transfer of sodium nitrite;
Bill Description
Protecting public health and safety by regulating the transfer of sodium nitrite.
What this bill does Powered by Legitron
This bill creates a new chapter in Title 69 RCW that regulates the sale, transfer, labeling, recordkeeping, and civil enforcement for products containing sodium nitrite at concentrations greater than 10 percent by mass or volume. It prohibits selling or offering to sell such a "covered product" except to a verified commercial business and requires a specific warning label on the principal display panel that includes a prescribed warning phrase and a skull-and-crossbones symbol sized to be at least two percent of that panel. The bill defines "covered product," "covered entity" (including manufacturers, wholesalers, distributors, third-party sellers, online retailers, and lessors), and "commercial business" (including research institutions), and it specifies how to measure the principal display panel for cylindrical, noncylindrical, and electronic packaging.
The bill requires verification procedures before sale or transfer (including verification of an employer identification number for commercial buyers), retains that covered entities must keep sale and transfer records for three years, and lists certain verification systems that do not satisfy the obligation without prescribing every acceptable method. It establishes civil penalties of $10,000 for a first violation and up to $1,000,000 for a second or subsequent violation, authorizes the attorney general, relevant prosecuting attorneys, or any aggrieved individual to bring enforcement actions, and entitles prevailing aggrieved individuals (other than the attorney general) to reasonable attorney fees, costs, and the greater of actual economic damages or $3,000. The bill declares violations subject to the consumer protection act (chapter 19.86 RCW) and states the act takes effect immediately.
The bill was prefiled 01/08/25, read for the first time 01/13/25, and referred to the Senate Committee on Health & Long-Term Care. The text does not provide details about administrative or criminal enforcement beyond the civil penalties, does not fully specify which verification methods satisfy the verification requirement, does not identify the federal or state agencies referenced for label approval, and does not supply sample labels or additional graphic specifications.
Why it matters Powered by Legitron
If enacted, the law would significantly limit who can buy products that contain more than 10% sodium nitrite by requiring sellers to verify buyers are commercial businesses and to keep three years of sales and transfer records. Sellers would also have to put a prescribed warning and a skull-and-crossbones on the principal display panel at a size of at least 2% of that panel. Civil enforcement can be brought by the attorney general, local prosecutors, or private “aggrieved” people, and fines are large ($10,000 for a first violation, up to $1,000,000 for later violations), with private plaintiffs eligible for attorney fees and either actual economic damages or $3,000.
The parties most affected are manufacturers, wholesalers, distributors, online retailers, third‑party sellers, and anyone leasing or otherwise distributing these products, who will face new compliance costs for labeling, buyer verification, and recordkeeping and new legal and financial risk if they fail to comply. Businesses and research institutions that need these chemicals will likely have to supply an employer identification number to buy them. Important details are left unclear in the bill text provided: it does not specify which verification methods satisfy the requirement beyond verifying an EIN, which federal or state agencies approve labels, or whether there will be any administrative or criminal enforcement beyond the civil penalties.