8/10/2020 lawfilesext.leg.wa.gov/law/wsr/2020/15/20-15-1 17.htm
lawfilesext.leg.wa.gov/law/wsr/2020/15/20-15-1 17.htm 1/2WSR 20-15-1 17
EMERGENCY RULES
STATE BOARD OF HEAL TH
[Filed July 17, 2020, 7:42 a.m., effective July 17, 2020]
Effective Date of Rule: July 17, 2020.
Purpose: W AC 246-80-021 Prohibition —Vitamin E Acetate, the W ashington state board of health has
adopted an emer gency rule to continue the ban on the sale of vapor products containing vitamin E acetate. This
applies to the sale, of fer for sale, or possession with intent to sell or of fer for sale vapor products containing
vitamin E acetate at any location or by any means including by telephone or other method of voice transmission,
the mail or any other delivery service, or the internet or other online service. This emer gency rule supersedes the
emer gency rule filed as WSR 20-08-007 on March 19, 2020.
Citation of Rules Af fected by this Order: New W AC 246-80-021.
Statutory Authority for Adoption: RCW 43.20.050  (2)(f).
Under RCW 34.05.350  the agency for good cause finds that immediate adoption, amendment, or repeal
of a rule is necessary for the preservation of the public health, safety , or general welfare, and that observing the
time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to
the public interest.
Reasons for this Finding: The standards in this emer gency rule have not changed from the previous
emer gency rule. Since the previous emer gency rule, the board has filed a Preproposal statement of inquiry , CR-
101, filed as WSR 20-10-1 13 on May 6, 2020, for permanent rule making to prohibit the use of vitamin E
acetate in vapor products.
In July 2019 the United States Centers for Disease Control and Prevention (CDC), United States Food
and Drug Administration, state and local health jurisdictions and other clinical and public health partners began
investigation [of] outbreaks of lung injury associated with e-cigarette product use, or vaping. In September 2019,
the CDC activated its Emer gency Operations Center to aid in the investigation of the multi-state outbreak. As of
February 18, 2020, CDC reported a total of two thousand eight hundred seven cases of hospitalized e-cigarette,
or vaping, product use associated lung injury (EV ALI) cases, and sixty-eight deaths in twenty-nine states and the
District of Columbia. T wenty-seven cases of lung injury , including two deaths have been reported in W ashington
state.
As part of the investigation into the multistate outbreak of lung disease associated with the use of vapor
products, a recent study cited by the CDC conducted laboratory tests of fifty-one samples of fluid collected from
the lungs of patients with vaping-associated lung disease from sixteen states. Forty-nine samples contained
vitamin E acetate, providing direct evidence of vitamin E acetate at the primary site of the injury in the lungs.
Vitamin E acetate is a chemical that is used as an additive or thickening ingredient in vapor products. THC was
identified in forty-seven of fifty samples and nicotine was identified in thirty of forty-seven samples. None of a
range of other potential chemicals of concern was detected in the samples, but evidence is not yet suf ficient to
rule out the contribution of other chemicals, substances or product sources to the disease. The CDC has
identified vitamin E acetate as a chemical of concern and recommends that vitamin E acetate not be added to any
vapor products.
This legislative session, the governor submitted request legislation (SB 6254) aimed at increasing
regulation of vapor products in W ashington. The bill included a ban of vitamin E acetate, however the legislature
failed to pass SB 6254. Due to the clear association of vitamin E acetate with EV ALI and absent legislative
action to ban vitamin E acetate the board has determined that continuing a ban is necessary to protect the public
health, safety and welfare while permanent rule making commences.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0;
Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0,
Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed
0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.8/10/2020 lawfilesext.leg.wa.gov/law/wsr/2020/15/20-15-1 17.htm
lawfilesext.leg.wa.gov/law/wsr/2020/15/20-15-1 17.htm 2/2Number of Sections Adopted in Order to Clarify , Streamline, or Reform Agency Procedures: New 0,
Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule
Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: June 10, 2020.
Michelle A. Davis
Executive Director
NEW SECTION
WAC 246-80-021 Prohibition —Vitamin E acetate.
(1) V itamin E acetate is a chemical that is used as an additive or thickening ingredient in vapor products.
As part of the investigation into the multistate outbreak of lung disease associated with the use of vapor
products, the Centers for Disease Control (CDC) conducted laboratory tests of twenty-nine samples of fluid
collected from the lungs of patients with vaping-associated lung disease from ten states. All of the samples
contained vitamin E acetate, providing direct evidence of vitamin E acetate at the primary site of injury in the
lungs. The CDC did not determine that vitamin E acetate was present in only THC vapor products or only non-
THC vapor products. THC was identified in eighty-two percent of the samples, and nicotine was identified in
sixty-two percent of the samples. Subsequently , tests of fifty-one samples of fluid collected from the lungs of
patients with vaping-associated lung disease in sixteen states identified vitamin E acetate in forty-eight of the
samples. THC was identified in forty-seven of fifty samples and nicotine was identified in thirty of forty-seven
samples. Evidence is not yet suf ficient to rule out the contribution of other chemicals, substances, or product
sources to the disease. The CDC has identified vitamin E acetate as a chemical of concern and stated that it is
important that vitamin E acetate not be added to any vapor products. Adoption of a rule prohibiting the sale of
vapor products containing vitamin E acetate is necessary for the preservation of the public health, safety , and
general welfare.
(2) No person including, but not limited to, a person licensed under chapter 69.50  or 70.345  RCW , may
sell, of fer for sale, or possess with intent to sell, or of fer for sale vapor products containing vitamin E acetate.
The foregoing prohibition applies to the sale, of fer for sale, or possession with intent to sell or of fer for sale
vapor products containing vitamin E acetate at any location or by any means in this state including, but not
limited to, by means of a telephonic or other method of voice transmission, the mail or any other delivery
service, or the internet or other online service.