The Washington State Board of Health has approved an emergency rule banning the sale of flavored vaping products for 120 days, effective Oct. 10, 2019. The ban, which came in response to an executive order from Governor Jay Inslee, restricts the sale of all flavored vaping products, including flavored THC products.
With this new ruling, retailers who wish to discard or dispose of expired or used vapor products must do so under the state dangerous waste regulations or our interim policy.
How to dispose of vapor products
Vapor products must be disposed of according to the Washington dangerous waste regulations or the nicotine vaping waste interim policy.
- Do not put vaping products in the trash.
- Do not burn them.
- Do not pour them down the drain.
Nicotine-containing vapor products
Dispose of these products under the dangerous waste regulations or interim policy.
Tetrahydrocannabinol (THC)-containing vapor products
Follow the interim policy guidance, which allows THC-containing vapor products products to be classified as a non-dangerous waste. Render these products unusuable following acceptable marijuana waste disposal methods (WAC 314-55-097(4)).
Vaping waste interim policy
Our nicotine vaping waste interim policy applies to:
- Vapor product vendors who are small quantity generators (SQGs)
- Dangerous waste brokers
- Transporters
- Treatment, storage, and disposal facilities (TSDs)
This policy is less stringent than the dangerous waste regulations, making it easier for retailers to dispose of their vaping products. This policy went into effect Oct. 10, 2019 and ends Feb. 7, 2020.
Retailers
No. You may choose to:
- Sell your current flavored vaping products outside of Washington.
- Maintain your existing inventory pending additional direction from the Washington State Legislature.
- Attempt to return remaining inventory to the manufacturer.
No. The policy exemptions do not apply to MQGs or LQGs.
Retailers and distributors may be eligible for a credit on taxes previously paid on vapor products.Tax credits may be available for disposal of flavored vaping products
In order to claim a vapor product tax credit for destroyed products, the Department of Revenue will require businesses to obtain and preserve an affidavit signed by the person or business destroying the vapor product. The affidavit should contain the following information:
- The name of the business providing the product for destruction
- The quantity (mls) of product destroyed
- The tax amount of the product destroyed
- The date the product was destroyed
Contact the Department of Revenue’s tax assistance staff for additional information: 360-705-6705.