Tobacco & Vapor Product Laws

We investigate every complaint. If we confirm that a business has violated the regulations, we’ll issue them a notice to comply and an opportunity to correct the situation. If they refuse to comply, they may be subject to further legal action and penalties.

Yes, all businesses are required to post “No Smoking/Vaping” signs at each and in prominent locations around the business. Signs should be clear and easy to read and understand.

The owner, manager, or other person in charge at a business is responsible to make sure laws are followed. They must remind customers about the law and explain that customers must go 25 feet away from the doorway, windows, or air intake vents to smoke or use vapor products.

Generally, parking lots, sidewalks and public streets are not considered part of a business’ responsibility. However, businesses are responsible to make sure that people smoking or vaping outside their business are not within 25 feet of doors, windows, or air intake vents. Businesses need to ensure that their employees don’t need to “pass through” smoke or vapor to enter their workplace or during the course of their job.

A business can apply with us for an exemption to the 25-foot rule if they can show clear and convincing evidence that the unique circumstances of their business’ entrances, exits, windows, and air intakes mean smoke will not get back into the building at a distance less than 25 feet. Businesses cannot claim an exemption on the basis of their clientele, type of business, or for any other reason.

Exemptions also exist for vapor product retailers. See section 4.B in the ordinance.

The Washington State Attorney General’s office has declared that if a private club has employees, smoking is prohibited, regardless of whether the employees are club members or not. The owner of a smoking club is considered an employee.

The law focuses on indoor air and, for the most part, outdoor areas are not covered. However, structures inside fairgrounds or stadiums could be subject to the law if they are sufficiently enclosed.

Since the apartment is a private residence, the laws do not apply - including balconies and common garden areas. However, if the rental management has an office space in the complex and employs staff, smoking and use of vaping products is illegal in areas where staff members are working or walking through.

If someone in a home is receiving services from a home health care worker or visiting employee of a social services agency, then residents should not smoke or use vaping products in the home while the worker is there.

Washington law forbids sales of tobacco and vapor products to people aged 20 and under. The law requires monitoring of retailers' compliance with this law by the Washington State Liquor and Cannabis Board.

In 2016, the Washington State Legislature passed a vapor product law that requires vapor product licenses for retailers, distributors, and delivery sellers. The law bans open displays, includes tasting and couponing restrictions, and lists requirements for child-resistant packaging and labeling. The law regulates all vapor products, regardless of if they contain nicotine, and is intended to provide Washingtonians with consumer protection, child safety, and eliminating youth access. 

Information on RCW 70.345 is available on the Washington State Liquor and Cannabis Board website.

The Food & Drug Administration’s (FDA) 2009 Tobacco Control Act regulates the manufacture, distribution, and marketing of tobacco products. The FDA began prohibiting free samples of all products that contain nicotine or tobacco. The FDA has also extended its regulation to cigars, hookah tobacco, and pipe tobacco.

Read the FDA’s Retailer Overview of FDA Regulations for Selling Tobacco Products.