Board Votes to Permanently Ban the Sale of Vapor Products Containing Vitamin E Acetate

The Board voted to permanently adopt a rule prohibiting the sale of vapor products containing vitamin E acetate at its October public meeting. Members adopted the proposed new section of the rule, directed staff to file a CR-103, and establish an effective date for the ban of the substance (read the memo and presentation for more information).

The Board has authority under RCW 43.20.050(2)(f) to adopt rules to prevent and control the spread of infectious and noninfectious diseases, including food and vector borne illness. In 2019, the Board adopted an emergency rule that prohibits the sale, offer for sale, or possession with intent to sell or offer for sale vapor products containing vitamin E acetate at any location in Washington including telephone and internet sales.

The Board subsequently readopted the emergency rule on March 11, 2020 and July 17, 2020. On March 11, 2020 the Board also approved a motion to initiate rulemaking to permanently adopt the emergency rule. Board staff filed a CR-101 on May 6, 2020 to initiate the rulemaking process. A CR-102 was filed as WSR 20-18-012 on August 21, 2020.

The proposed new section of rule, WAC 246-80-021, would continue to prohibit the sale, offer for sale, or possession with intent to sell or offer for sale vapor products containing vitamin E acetate at any location in Washington, including telephone and internet sales. More information is available on the rule web page.