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 follow guidance for dangerous and hazardous waste.
Retailers who dispose of vaping products must follow state and federal guidelines
Under federal and state regulations, nicotine-containing vapor products are considered hazardous waste and must be disposed of under Washington regulations. Vapor products containing tetrahydrocannabinol (THC) must also be disposed of according to law.
- Do not put vaping products in the trash.
- Do not burn them.
- Do not pour them down the drain.
The requirement to manage flavored vaping products as hazardous waste applies only if a retailer chooses to dispose of these products.
How to dispose of nicotine-containing vapor products
Use an approved hazardous waste contractor to collect and dispose of this material.
How to dispose of THC-containing vapor products
Follow the guidance as directed by the Washington Liquor and Cannabis Board.
Tax credits may be available for disposal of flavored vaping products
Retailers and distributors may be eligible for a credit on taxes previously paid on vapor 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.
Do I have to dispose of my remaining flavored vaping products inventory?
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.
I am a hazardous waste service provider. How should I manifest vaping waste?
If the business is a small quantity generator, then they will need to ship their waste on a bill of lading to a treatment, storage, or disposal (TSD) facility. Medium- or Large-Quantity Generator (MQGs or LQGs) will manage vaping waste as they do other hazardous wastes.
Will there be more guidance on disposing of vaping products?
We are developing an interim policy for retailers, transporters, and TSDs to manage vaping product wastes. We will post that policy here when it's available.