Emergency Rules Adopted Today

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October 23, 2019

Emergency Rules Adopted Today

Dear Licensees:

On October 10, 2019, the Washington State Board of Health (SBOH) issued emergency rules as WSR 19-21-050, prohibiting the sale of flavored vapor products by persons licensed under chapter 69.50 or 70.345 RCW, and consistent with the directives of Executive Order 19-03 Addressing the Vaping Use Public Health Crisis.

The Washington State Liquor and Cannabis Board (WSLCB) today approved emergency rules that further aligns agency authority with SBOH rules.  This emergency rule allows the WSLCB to take disciplinary action against any processor that fails to comply with the provisions of the SBOH emergency rules described in chapter 246-80 WAC, and bridges the enforcement requirements contained therein with the authority of chapter 69.50 RCW realized in WAC 314-55-077.  

These rules serve a two-pronged purpose:

  1. Allows the WSLCB to serve an order of summary license suspension after a preliminary staff investigation indicates that a vapor product licensee has violated SBOH rules described in chapter 246-80 WAC, and that immediate cessation of licensed activities is necessary for the presentation of public health and welfare;


  2. Provides a framework and process for an affected vapor product licensee to petition the board for a stay of summary suspension, consistent with the provisions of chapter 34.05 RCW.

Emergency Adoption
Because the outbreak of lung disease is occurring now and growing, the immediate adoption of rules that establish summary license suspension and petition for stay provisions are necessary for both the enforcement of chapter 246-80 WAC, and preservation of public health, safety and general welfare.

The full language of the rules are available on the WSLCB website under Recently Adopted Rules