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Opportunity to give input on vapor product rules

The Washington State Department of Health (DOH) is writing new rules on one specific issue related to vapor products (electronic cigarettes). We welcome your input.

WHAT THE RULES ARE ABOUT: In 2016, the Washington State Legislature passed a new law that regulates vapor products (Chapter 70.345 RCW). One provision of that law says:

RCW. 70.345.075(2): For closed system nicotine containers as defined in RCW 70.345.010, a manufacturer that sells, offers for sale, or distributes vapor products in this state must annually provide the Department of Health with a disclosure of the nicotine content of such vapor product based on measurement standards to be established by the Department of Health.

In compliance with this provision, DOH will write rules (Washington Administrative Codes) about exactly how and when manufacturers must disclose the nicotine content and what measurement standards they must use.

  • These rules will apply to vapor products with closed system containers – that is, containers that are presealed by the manufacturer and not refillable by the customer – and will not apply to any other type of vapor products, such as refillable containers. They will apply only to vapor products that contain nicotine.
  • Only manufacturers of closed system containers are required to measure and disclose the nicotine content. This requirement does not apply to retailers nor distributors, unless they are also manufacturers.
  • The rules will not address any other provisions of the vapor product law. Also, DOH does not have authority to change the law itself, only to write rules to implement it.

DOH does not yet have an official draft of the rules. We are seeking suggestions on what the rules should say about manufacturers disclosing nicotine content. We welcome any thoughts you have.

To hear from you, DOH will host two conference calls. On the calls, we will answer questions and take your suggestions. Both calls will be the same, so you only need to call once. To join either call, dial (872)240-3212 and then use access code 147-373-997.

  • Thursday, March 29, at 6:00 PM
  • Friday, March 30, at 10:00 AM

You can also email written suggestions to

After we review all suggestions received, we will prepare and release an official draft of the rules. At that time, you will have an opportunity to give formal public comment. If you received this email  directly from DOH, then we will automatically email you a notice of the official draft. If you received this email some other way, and you wish to be added to DOH’s distribution list to receive future notices directly, please email

If you have any questions, or wish to be added to our distribution list to receive future notices (or wish not to receive future notices on this topic), please contact Matthew Green at or 360-236-3309.



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