Current Laws & Regulations

Twenty-one years old is the current legal age of sale for all commercial tobacco products, including e-cigarettes, under WA State and federal law.

The WA law was enacted in 2019 and took effect January 1, 2020. The federal law took effect on December 20, 2019.

Military personnel, including National Guard and Reserves, should consult their chain of command for clarification about regulations that apply on military bases.

Learn more about the Tobacco and Vapor 21 law.

Yes, the minimum sales age of 21 applies to shisha products that contain tobacco or nicotine.

Any tobacco products that contain, or are made or derived from, tobacco or nicotine (including cigarettes, cigars, shisha,, smokeless products) are tobacco products that cannot be sold to anyone under 21 years of age. In addition, products used for electronic smoking devices (such as e-liquids) are vapor products even if the product does not contain tobacco or nicotine.

However, herbal shisha or other plant products that do not contain, and are not made or derived from, tobacco or nicotine are not tobacco products.

Learn more about hookah and shisha

Learn more about the Tobacco and Vapor 21 law.

Use of any type of vapor product, or e-cigarette, is prohibited in schools, on outdoor school-owned property, and within 500 feet of schools by WA State law. RCW 70.345.150

Schools must have a written policy prohibiting the use of all tobacco products on school property that includes posting signs, consequences for students and school personnel who violate the policy, and an enforcement policy. RCW 28A.210.310

Despite these laws, the youth vaping epidemic is a challenge for our schools. Learn more about comprehensive school policies and supportive interventions on our Supporting Healthy Youth page.

Yes, it is a civil infraction under current WA law.
A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction. The penalty for this violation can be up to four hours of community service and referral to a smoking cessation program at no cost.

This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor and cannabis board, law enforcement, or local health department compliance activity.

RCW 70.155.080

Learn more about the problems created by this type of Purchase, Use, and Possession (PUP) law for underage youth, and recent improvements in WA's PUP law.

No. No person, including parents or legal guardians of persons under 18 years of age may authorize any minor to purchase or obtain tobacco products .WAC 314-10-080

Sales of tobacco products and vapor products to anyone under age twenty-one are also illegal. RCW 26.28.080

WA's Smoking in Public Places (or SIPP) law requires owners, lessees, or other persons in charge of public places or a place of employment to post signs prohibiting smoking. No Smoking signs must be posted conspicuously at each building entrance. In retail stores and retail service establishments, signs must also be posted in prominent locations throughout the store.

Local health departments enforce this state law when they become aware of violations. Local health departments routinely issue warning letters explaining the law and requiring a correction of the violation. If the violation continues, the local health department can call on their local attorney or prosecutor to take actions that require correction of the violation, including assessing a civil penalty.

Removing, defacing, or destroying a no smoking sign posted in a public place is illegal and subject to a civil fine of up to $100. Local law enforcement agencies can enforce this by issuing a notice of infraction, similar to a traffic ticket.

RCW 70.160.070

Overview of WA's SIPP law

It is illegal to give or sell any tobacco or nicotine vapor products to anyone under twenty-one years of age.

A person who sells, gives, or allows to be given to any person under the age of twenty-one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor.

RCW 26.28.080

WA State law (RCW 70.345.150) prohibits vaping in these places:

• Inside and Around Child Care Facilities
• Inside and Around Schools and within 500 feet of schools
• In Outdoor Playgrounds with Children between sunrise to sunset, when one or more children under 12 years old are present.
• Inside School Buses.
• Inside Elevators.

Local jurisdictions have local authority to restrict vaping in public places and outdoor places where children congregate. 13 counties and many cities have enacted ordinances restricting vaping. RCW 70.345.210

Another WA State law prohibits smoking in all public places and places of employment; however, this law does not apply to vaping. SIPP, RCW 70.160

Overview of vaping restrictions in WA's Vapor Products Act

Overview of WA's SIPP law

"Public place" is defined in WA's Smoking in Public Places law.

"Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

Public places include, but are not limited to: 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, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. The laws are not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.

RCW 70.160.020

Products using synthetic nicotine made in the laboratory, rather than nicotine derived from tobacco leaves, are regulated by some laws but are not always "captured" under all tobacco laws.

Washington law Any Washington state law that applies to nicotine, also applies to synthetic nicotine. However, some WA laws did not anticipate synthetic nicotine and apply to tobacco products only.

WA laws that use the term "nicotine":

• Vapor Products Act - RCW 70.345 Regulates vapor products, which are defined as electronic devices and “any vapor cartridge or other container that may contain nicotine”. The definition specifically excludes cannabis vapor products.
• Vapor Product Tax – RCW 82.25 Vapor products with or without nicotine are taxed based on volume.
• No Smoking in Public Places - RCW 70.160 - Applies to “the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.” This applies to a synthetic nicotine product designed to be smoked.
• Tobacco 21: Selling or giving tobacco to a minor–RCW 26.28.080: It is illegal for anyone, including parents, to sell or give tobacco products or vapor products to any person under the age of 21. This law applies to synthetic nicotine in a vapor product. But it may not apply to synthetic nicotine in products that are not vaped because definitions in other laws regulated cigarettes, cigars, and other tobacco products refer to products made wholly or in part of tobacco.

WA laws that use the term “tobacco” in product definitions rather than nicotine:

• Tax on cigarettes–RCW 82.24: Determines the tax amount on the sale, use, consumption, handling, possession or distribution of all cigarettes, which are defined as made of tobacco.
• Tax on other tobacco products–RCW 82.26: Determines the tax amount on the sale, use, consumption, handling, possession or distribution of cigars, snuff and other tobacco products, all of which are defined as containing tobacco.
• Youth access to tobacco law–RCW 70.155: Prohibits the sale and distribution of tobacco products to minors and regulates other aspects of sales of tobacco products; does not use the word “nicotine” other than in the intent section.
• Tobacco use on school property–RCW 28A.210.310: Requires the posting of signs prohibiting the use of tobacco products, consequences for students and school staff who violate the policy, and a requirement that school district employees enforce the rules
• Selling or giving tobacco to a minor–RCW 26.28.080This law applies to synthetic nicotine in a vapor product because of language of the Vapor Products Act - RCW 70.345. But it may not apply to synthetic nicotine in products that are not vaped because its definitions otherwise refer to tobacco products.

Federal law When first introduced to the marketplace, synthetic nicotine products were not regulated as tobacco products. In response, Congress amended the 2009 Family Smoking Prevention and Tobacco Control Act to give FDA authority to regulate tobacco products containing nicotine from any source, including synthetic nicotine products. The new law took effect in April 2022 but synthetic nicotine products are now common in the marketplace even though they have not undergone FDA review. FDA has not yet taken significant enforcement actions against companies selling unauthorized synthetic nicotine products.

FDA Regulation and Enforcement of Non-Tobacco Nicotine (NTN) Products

Learn more about new and emerging nicotine products on our Eliminate Flavors page.

WA Cigarette Tax $3.025 per pack of 20. Last increased in 2010. The WA tax applies to products made of tobacco. DOR-Tax Reference Manual-Cigarette Tax

WA's cigarette tax is the 11th in the nation.

WA Tobacco Products Tax applies to cigars, pipe tobacco, chewing tobacco, and all other forms of tobacco except cigarettes. The tax rate depends on the type of product:

• cigars - 95% of sales price, not to exceed 65 cents per cigar
• little cigars (with cellulose acetate filter) -$0.15125 per stick (this is same rate as cigarette tax of $3.025 per pack)
• moist snuff for cans of 1.2 ounces or less - $2.526 per can
• moist snuff for cans larger than 1.2 ounces - $2.105 per ounce
• all other tobacco products - 95% of sales price

DOR-Tax Reference Manual-Tobacco Tax

WA Vapor Products Tax volume-based tax with two tiers for products that may or may not contain nicotine, excluding cannabis products. This tax includes products using synthetic nicotine. DOR-Tax Reference Manual-Vapor Products Tax

• $0.09/mL for open/refillable products >5mL e-liquid
• $0.27 per mL for all other products

WA’s volumetric tax works out to a relatively small percentage of product price for most vapor products, especially disposable products that often have a smaller volume of e-liquid but have high nicotine content. 16 other states use a vapor product tax that is a percentage of product price (current range is 7% to 95%). Those states are taxing e-cigarettes at higher rates than Washington for some, most, or all vapor products.

CDC E-Cigarette State Taxes

Federal Cigarette Tax Cigarettes are also taxed at the federal level at $1.01 per pack. Last increased in 2009.

Federal Cigar Tax Large cigars are taxed at 52.75% of sales price, with a maximum tax of 40.26 centers per cigar.

Pipe and roll-your-own tobacco Taxed at $2.83 and $24.78 per pound, respectively.

E-Cigarettes no federal tax

see all Tobacco Tax Rates at the Alcohol and Tobacco Tax and Trade Bureau.

Benefits of Commercial Tobacco Taxes

Sales taxes are an effective tool for decreasing commercial tobacco use by increasing product price.

• A 10% cigarette tax increase produces 4-6% decrease in adult smoking and 6-7% decrease in youth smoking.
• A 50 cent increase in e-cigarette price reduces teen use by 4.7%. A $1 increase reduces teen use by 9.3%.2

Sources:

Smoking reductions with increased cigarette price: Tobacco Control Legal Consortium: Pricing Policy: A Tobacco Control Guide. Winter 2014 https://www.publichealthlawcenter.org/sites/default/files/resources/tclc-guide-pricing-policy-WashU-2014.pdf

Use reductions in increased e-cigarette price: Truth Initiative New Study: Price increases can reduce underage e-cigarette use. April 2023. https://truthinitiative.org/research-resources/tobacco-prevention-efforts/new-study-price-increases-can-reduce-underage-e

Washington State receives tobacco-related revenues from state excise taxes on commercial tobacco products, annual Master Settlement Agreement payments by the tobacco industry, and state licenses on fines on tobacco retailers and other industry entities. None of these revenue streams are specifically earmarked for commercial tobacco prevention or cessation.

Cigarette & Tobacco Products Taxes

Since 2010, all revenues from these taxes have been deposited to the State General Fund. WA DOR Cigarette Tax Reference Manual

Vapor Products Tax, first implemented in Oct 2019 (FY2020) under RCW 82.25

50% of revenues distributed to Andy Hill Cancer Research Endowment

50% of revenues distributed to Foundational Public Health Services

Foundational Public Health Services (FPHS) funding supports critical governmental public health infrastructure, but does not directly fund commercial tobacco prevention or cessation programs.

Annual Master Settlement Agreement Payments

Amounts vary by year, and are reported for 1998 to 2022 in a summary by the Campaign for Tobacco-Free Kids.

70.8% of funds are deposited in the State General Fund.

29.2% of the annual MSA payment to Washington State is used to pay off bonds issued years ago against future MSA payments.

State Tobacco License Fees and Fines

Revenues from licensing and fines vary by year depending on the number of licensees and the number and amount of enforcement fines. These funds are deposited in the Youth Tobacco and Vapor Products Prevention Account and a portion is distributed to the state’s Commercial Tobacco Prevention Program (see RCW 70.155.120).

Learn more about commercial tobacco revenues and spending on our Restore Comprehensive Funding page.

No. WA State law denies local jurisdictions the authority to regulate the number or locations of commercial tobacco retailers, except for under general zoning laws for all businesses. This preemption of local authority in WA law prevents communities and local governments from protecting youth and reducing access to commercial tobacco products. RCW 70.155.130 and RCW 70.345.210

This is different from how Washington State law regulates cannabis sales. Cannabis retailers are regulated by state laws, and cities and counties can enact stronger laws to prohibit cannabis retail stores or limit their locations.

Learn more about commercial tobacco preemption in Washington State.

In Washington State, local jurisdictions like cities and counties are preempted by state law from regulating sales or marketing of cigarettes, tobacco products, or vapor products. With regard to advertising, it means that local governments generally cannot specifically limit or prohibit ads or promotions for e-cigarettes and all other commercial tobacco products.

Learn more about commercial tobacco preemption in Washington State.

Advertising by the tobacco industry is regulated by several different laws and agreements and varies depending on the type of commercial tobacco products.

• The federal 2009 Tobacco Control Act and the Federal Cigarette Labeling and Advertising Act
• The 1998 Master Settlement Agreement between major cigarette companies and states

The following state agencies can assist with questions:

• Washington State Liquor and Cannabis Board website.
  • Learn about rules, regulations, and enforcement.
  • Download required signage.
• Washington State Department of Revenue website.
  • Information on licensing and endorsement costs.
  • Tax information and forms.
  • Business Licensing Service via telephone at 360-705-6741
• Washington State Department of Health Commercial Tobacco Prevention Program website exists to:
  • Assist those who use commercial tobacco quit.
  • Prevent youth and young adults from starting.
  • Protect people from the harmful effects of secondhand smoke and vape emissions.
  • Take strategic steps to eliminate tobacco-related disparities.

Engrossed House Bill 1074 was enacted in 2019, raising the minimum legal sales age of all commercial tobacco and vapor products to 21 years of age. The law took effect on January 1, 2020. 

The bill amended several existing statutes RCW 26.28, RCW 70.155, and RCW 70.345.

After WA State took action, Congress passed a bill to amend the Federal Food, Drug, and Cosmetic Act to raise the minimum age for sale of tobacco products from 18 to 21 years old. That law took effect in December 2019. U.S. FDA Tobacco 21 webpage

Resources:

Learn more about Washington's Tobacco and Vapor 21 law this WA State Department of Health website provides information for younger people in multiple languages, as well as resources for healthcare providers, school professionals, and retailers.
WA State Liquor and Cannabis Board FAQs on Tobacco 21 this 5-page FAQ sheet is designed for retailers and provides details about requirements of the law

Selling or giving tobacco to a minor–RCW 26.28.080 It is illegal for anyone, including parents, to sell or give tobacco products to any person under the age of 21.

The Washington Legislature raised the legal age to 21 from 18 in 2020, see Tobacco 21 law.
Federal law now also defines the legal sales age for all commercial tobacco products as 21 years of age. U.S. FDA Tobacco 21 webpage

Youth access to tobacco – RCW 70.155

Components of the law:

• Prohibits the sale and distribution of tobacco products to minors. Defines a civil infraction for those under 18 who purchase or attempt to purchase or possess cigarettes or tobacco products. Learn more about youth purchase, use, and possession or PUP laws.
• Defines age identification requirements for retailers
• Defines required signage for retailers
• Restricts cigarette machine locations
• Requires that cigarettes are sold in original packaging
• Restricts coupons to in-person transactions
• Prohibits sampling of tobacco products (sampling of vapor products is allowed in 21+ stores under RCW 70.345.100 and RCW 70.345.150)
• Prohibits mail or internet sales of tobacco products. (internet sales of vapor products are allowed under RCW 70.345. )
• Defines penalties and fines for violations by tobacco licensees
• Defines the authority of the Liquor and Cannabis Board to enforce
• Established the Youth Tobacco and Vapor Products Prevention Account where tobacco license fees and fines are deposited and defines how those funds are distributed to the Department of Health (up to 70%) and the Liquor and Cannabis Board (up to 30%). 10% of tobacco fees and fines go directly to the state general fund.

Preemption of Local Authority

RCW 70.155.130 broadly prohibits local jurisdictions from licensing or regulating tobacco product promotions or sales, other than general business licenses and taxes. Learn more about preemption in WA's commercial tobacco laws.

RCW 70.155 was first enacted in 1993, with amendments to portions of the law in subsequent years.

Sale and distribution of tobacco products–WAC 314-10

Regulation defining the responsibilities of the Washington State Liquor and Cannabis Board (WSLCB) for regulating the sale and distribution of all tobacco products, and reporting enforcement activities to the Department of Health. This WAC implements portions of RCW 70.155.

Other parts of this WAC define regulation of:

• locations for tobacco dispensing machines, and other requirements
• age requirements for employees who sell and handle cigarettes and other tobacco products
• penalties and notice requirements

Vapor Products Act - RCW 70.345 Regulates vapor products, or e-cigarettes. Among other things, the law prohibits the sale of vapor products to people under 21 years of age, requires sellers to obtain a license, and requires that vapor products in stores are inaccessible to minors. The related regulation is WAC 314-35.

Sales Requirements

• Liquor and Cannabis Board license required for retailers, distributors, and delivery sales. Background checks. Annual fees. [RCW 70.345.020-70.345.060]
• Vapor product sellers cannot also sell products containing cannabinoids, i.e. THC. [RCW 70.345.030]
• Possession or purchasing by minors under 18 is a civil infraction. [RCW 70.345.140]
• Photo ID check required at point of sale. WSLCB requires check under age 27. [RCW 70.345.120]
• Retailers must display a sign stating no sales to minors under 21*. Signs may be combined with sign for no tobacco sales. [RCW 70.345.070] * previously 18, became 21 as of Jan. 1, 2020 under Tobacco 21 law.
• No sales from open or self-service displays, unless minors not allowed in store. [RCW 70.345.080]
• Coupons only allowed for in-person sales and coupons for free products not allowed unless a purchase is required. [RCW 70.345.110]
• WA DOH, local county health departments, and local law enforcement can conduct inspections, analyze or seize products, and shut down stores when human health is at risk. [RCW 70.345.160]

Age Identification Requirements for Mail and Internet Sales RCW 70.345.090

• May occur only with proof that purchaser is the minimum sales age, which is 21 years and older. Sellers must obtain a delivery sale license, and provide notice of the minimum age on their order form. Then, before accepting a purchase or order, they must verify the buyer's full name, birth date, and residential address through a third-party database regularly used by government and businesses to verify age and identity. Further, they may accept payment only via a credit or debit card in the purchaser's own name, and before shipping, must have purchasers certify or declare they are over the minimum sales age, which is 21.

Allows Tasting of Vapor Products in 21+ Retail Stores RCW 70.345.100

• The Vapor Products Act allows tastings inside licensed, adult-only retail premises.
• The store must be age-restricted to 21+ with a sign posted at the entrance. Employees in vapor product stores allowing tastings must be 21+. Under WAC 314-35-040, a store may switch between no age restriction and 21+, and back again, with a 10-day notice to the Liquor and Cannabis Board.
• Tastings are limited to products without nicotine unless the customer explicitly consents to taste a vapor product with nicotine. (Note: The 2016 Food and Drug Administration Deeming Rule banned free samples or tasting of nicotine-containing vapor products.)
• Retailers must provide a disposable mouthpiece tip or disposable device.
• Tasting samples cannot be removed from the store premises by the customer.
• Language in RCW 70.345.150(1)(b) allows for the use of vapor products for tastings in indoor areas of retail stores. This language and the preemption in RCW 70.345.210 means local regulations to restrict vaping in indoor places and places of employment cannot prohibit these tastings.

Labelling & Packaging Requirements

• Child-resistant packaging required for nicotine e-liquids, per federal standards. [RCW 70.345.130]
• Nicotine e-liquid containers must have warning label stating nicotine harmful, keep away from children, vaping illegal under 18. [RCW 70.345.075]
• Nicotine e-liquid container label must state nicotine concentration and amount. Non-refillable e-cigarettes must annually disclose nicotine content to WA DOH. [RCW 70.345.075]
• Labelling requirements expire when FDA warning label requirements take effect. [RCW 70.345.075] FDA labelling requirements took effect in May 2018 for nicotine-containing products.

Prohibits Vaping in Certain Public Places RCW 70.345.150

• Inside and Around Child Care Facilities: Indoor areas and outdoor property of child or family day-care facility. For home-based child care facilities, vaping is allowed when enrolled children are not present.
• Inside and Around Schools: Indoor school areas and indoors within 500 feet of schools. Outdoor property under the control of the school and upon which the school is located.
• In Outdoor Playgrounds with Children: From sunrise to sunset, when one or more children under 12 years old are present. As defined, playgrounds do not include athletic playing fields.
• Inside School Buses.
• Inside Elevators.

Unlike the Smoking in Public Places Law: the Vapor Products Act does not require "no vaping" signs and does not have civil fines for violations of these vaping restrictions.

Preemption of Local Authority

RCW 70.345.210 broadly prohibits cities, counties, and other local jurisdictions from licensing or regulating the promotion or sales of vapor products, other than general business licenses and taxes. Learn more about preemption in WA's commercial tobacco laws.

License Fees and Penalties for violations are deposited into the Youth Tobacco and Vapor Products Prevention Account.

RCW 70.345 was first enacted in 2016 and amended in subsequent years.

Tax on cigarettes–RCW 82.24 Determines the tax amount on the sale, use, consumption, handling, possession or distribution of all cigarettes.

Current cigarette tax is $3.025 per pack (20 cigarettes). This rate was last increased in 2010. The tax applies to products made of tobacco.

Since 2010, all revenues from the cigarette tax have been deposited to the State General Fund.

Tax on other tobacco products–RCW 82.26 Determines the tax amount on the sale, use, consumption, handling, possession or distribution of cigars, pipe tobacco, chewing tobacco, and all other forms of tobacco except cigarettes.

The tax rate varies by product:

• Moist snuff, for cans with weight of 1.2 ounces or less - $2.526 per can
• Moist snuff, for cans with weight greater than 1.2 ounces - $2.105 per ounce
• Cigars (except little cigars) - 95% of taxable sales prices, not to exceed 65 cents per cigar
• Little cigars (cigars that have a cellulose acetate integrated filter) - $0.15125 per stick or $3.025 per pack of 20
• All other tobacco products - 95% of taxable sales price

Since 2010, all revenues from the tobacco products tax have been deposited to the State General Fund.

Tax on Vapor Products - RCW 82.25 Defines a volume-based tax with two tiers for products that may or may not contain nicotine, excluding cannabis products. This tax includes products using synthetic nicotine.

$0.09/mL for open/refillable products >5mL e-liquid

$0.27 per mL for all other vapor products

Engrossed House Bill 1873 was enacted in 2019 to establish this tax, which took effect on October 1, 2019.

Resource: DOR-Tax Reference Manual-Vapor Products Tax

Businesses that sell commercial tobacco products are required to display signs about the minimum age of sale. These laws define the language of the sign and were it is displayed.

Cigarette Retailer Signage - RCW 70.155.020

"THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 21 IS STRICTLY PROHIBITED BY STATE LAW. PHOTO ID REQUIRED UPON REQUEST"

Vapor Products Retailer Signage - RCW 70.345.070

Vapor product retailers must display a sign that reads:
"The sale of vapor products to persons under age twenty-one is strictly prohibited by state law. Photo id required upon request"

Retailers who sell more than one type of commercial tobacco product must display a sign that reads:
"The sale of tobacco or vapor products to persons under age twenty-one is strictly prohibited by state law. Photo id required upon request."

These laws require the Washington Department of Health or the WA State Liquor and Cannabis Board provide these signs to retailers free of charge. Signs are available in multiple formats and languages on the Washington State Liquor and Cannabis Board (WSLCB) website.

WA Smoking in Public Places Law - RCW 70.160 This law, known as SIPP, prohibits smoking in all indoor public places and workplaces in Washington. It also prohibits smoking in outdoor places of employment and defines a 25-foot no smoking area around doors, windows, and air intakes to indoor public places or workplaces.

The law was created through a November 2005 voters initiative that was supported by more than 63% of Washington voters. The initiative amended the state's existing Clean Air Act.

The findings section of the Initiative 901 read:
"The people of the state of Washington recognize that exposure to secondhand smoke is known to cause cancer in humans. Secondhand smoke is a known cause of other diseases including pneumonia, asthma, bronchitis, and heart disease. Citizens are often exposed to secondhand smoke in the workplace, and are likely to develop chronic, potentially fatal diseases as a result of such exposure. In order to protect the health and welfare of all citizens, including workers in their places of employment, it is necessary to prohibit smoking in public places and workplaces."

The SIPP law includes:

• definitions of "public place", "place of employment", and "smoke" or "smoking" RCW 70.160.020
• definition of the "twenty-five foot zone" RCW 70.160.075
• requirements for no smoking signs in public places and places of employment RCW 70.160.050
• penalties for removal or defacing of no smoking signs RCW 70.160.070
• authority for local health departments and local fire departments to adopt local regulations to implement and enforce the SIPP law, and collect penalties RCW 70.160.080, RCW 70.160.100

In addition to the Smoking in Public Places law (RCW 70.160), state law prohibits tobacco use or smoking on school property.

• Tobacco use on school property–RCW 28A.210.310: Requires the posting of signs prohibiting the use of tobacco products, consequences for students and school staff who violate the policy, and a requirement that school district employees enforce the rules.
• Unlawful transit conduct–RCW 9.91.025 People are guilty of “unlawful transit conduct” if they smoke or carry a lighted or smoldering pipe, cigar or cigarette, unless they are smoking in an area designated and authorized by the transit authority.

Vapor Products Act - Chapter 70.345.140 RCW Defines prohibitions on use of vapor products in some locations.

Vaping is prohibited by state law:

• Inside and Around Child Care Facilities: Indoor areas and outdoor property of child or family day-care facility. For home-based child care facilities, vaping is allowed when enrolled children are not present.
• Inside and Around Schools: Indoor school areas and indoors within 500 feet of schools. Outdoor property under the control of the school and upon which the school is located.
• In Outdoor Playgrounds with Children: The prohibition is from sunrise to sunset, when one or more children under 12 years old are present. As defined in the statute, playgrounds do not include athletic playing fields.
• Inside School Buses.
• Inside Elevators.

Local regulations prohibiting vaping in public places

The Vapor Products Act specifically allows local authority to regulate vaping in indoor public places and outdoor places where children gather. RCW 70.345.210

Since 2011, thirteen counties have enacted ordinances that prohibit vaping in indoor public places. Four of these regulations also prohibit vaping in some outdoor public places.

View more information on local No Vaping in Public Places regulations in WA.

There are also local no vaping policies in many cities, and even more parks policies that prohibit vaping and smoking in parks.

For more information about laws in specific cities or counties, or to make a complaint about a smoking or vaping violation, contact your local health department. 

RCW 70.158 applies to manufacturers of cigarettes and loose "roll your own" tobacco. It was enacted in 2003.

A key provision is that any manufacturer selling cigarettes within Washington, either directly or indirectly, must certify annually to the WA State Attorney General that they are complying with the financial payments required under the Master Settlement Agreement. The cigarette manufacturer must list all their brands sold in WA.

The WA AG is required to publish a public directory of all the manufacturers that have properly submitted a "Certification of Enrollment".

It is illegal to sell cigarettes or loose tobacco products in WA that are not on this directory. Retailers check the tobacco directory to comply.

More information and links to the directory are on the WA AG's website.

Family Smoking Prevention and Tobacco Control Act. Enacted on June 22, 2009, the 2009 Tobacco Control Act authorized the FDA to regulate the manufacture, distribution, and marketing of tobacco products.

Youth protection measures:

• prohibits sales to minors - currently defined as twenty-one years of age
• prohibits vending machine sales, except in adult-only facilities
• prohibits the sale of packages of fewer than 20 cigarettes
• prohibits tobacco-brand sponsorships of sports and entertainment events or other social or cultural events
• prohibits free giveaways of sample cigarettes and brand-name non-tobacco promotional items

Sales of some flavored products prohibited:

The 2009 Tobacco Control Act banned the sale of most flavored cigarettes, but failed to end the sale of menthol cigarettes as well as other products including flavored cigars, flavored smokeless tobacco, flavored hookah, and flavored e-cigarettes. Learn more on our Eliminate Flavors page.

Requirements for tobacco manufacturers:

• disclosure of product ingredients to FDA
• FDA review and approval to make any claims of "modified risk" or "reduced harm"

Warning label requirements:

The 2009 Tobacco Control Act requires warning labels on smokeless tobacco products.

Cigarettes warning labels were already regulated under the Federal Cigarette Labeling and Advertising Act (FCLAA, 1965) and the 2009 Tobacco Control Act amended this law to allow the FDA to issue requirements for new cigarette health warning labels using color graphics about negative health consequences. The FDA's rule was challenged in court by R.J. Reynolds and implementation of the new cigarette warning labels has not yet occurred. Learn more from FDA: Cigarette Labelling and Health Warning Requirements

Federal regulation of e-cigarettes. Under the authority stated in this federal law, the FDA issued a “Deeming” rule in 2016 that extended its regulatory authority over tobacco products to include vapor products. The FDA uses the term “electronic nicotine delivery systems” or ENDS to describe vapor products or e-cigarettes.. This Summary of Washington State and Federal Vapor Product Regulations (PDF) provides a side-by-side comparison on e-cigarettes regulations in the WA state vapor products law and the FDA Deeming rule.

Preemption and a key "savings" clause. This federal law regulates tobacco product standards, premarket review of products, manufacturing practices, product labeling, product registration, and content of advertising. State and local governments cannot pass stronger laws in these areas.

The law also has what is called a “savings clause” that explicitly states the federal law does not preempt stronger tribal, state, or local laws on taxes, sales, distribution, advertising (time, place, manner), youth possession, smoking and/or vaping bans, information reporting, and fire safety standards.

In April 2022, Congress amended the 2009 Family Smoking Prevention and Tobacco Control Act to extend FDA’s authority to regulate nicotine-containing products using any source of nicotine. This change in the law intends to shutdown a regulatory loophole that the tobacco industry has been exploiting by marketing synthetic nicotine products where the nicotine is not isolated from tobacco plants.

FDA’s new authority has not yet removed these products from stores.

In April 2022, the FDA proposed a rule to prohibit menthol flavor in cigarettes and a rule to prohibit all flavors in cigars. Public comments were collected.This federal rulemaking is behind schedule and still in progress.

These proposed rules would not limit sales of flavored e-cigarettes or apply to newer heated tobacco products.

Public Health Law Center resources with links to FDA rulemaking docket:

• Tobacco Product Standard for Menthol in Cigarettes
• Tobacco Product Standard for Characterizing Flavors in Cigars

Learn more on our page on Policies Ending the Sale of Flavored Commercial Tobacco.

Federal Cigarette Labeling and Advertising Act (FCLAA). This 1965 federal law regulates cigarette labeling including warnings and content of advertising, and regulates cigarette point-of-sale warnings. The FCLAA required use of one of four Surgeon General's warnings, with no size or placement specification.

The FCLAA was amended by the 2009 Tobacco Control Act to allow the FDA to require new types of cigarette health warning labels using color graphics about health consequences. The FDA finalized a rule in March 2022 for 11 new graphic warnings to cover larger areas of each cigarette package. The FDA's rule was challenged in court by R.J. Reynolds and implementation of the new cigarette warning labels has been delayed.

The 1998 Master Settlement Agreement also restricts tobacco company advertising.

Learn more from FDA: Cigarette Labelling and Health Warning Requirements