WSR 22-13-115

WITHDRAWAL OF

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

[Filed June 16, 2022, 6:57 a.m.]

Following is notice that the department of health (department) is withdrawing the CR-101 for Title 246 WAC, creating a new chapter to establish nicotine content measurement standards for closed system nicotine containers used with vapor products. The CR-101 was filed July 7, 2017, and published in WSR 17-15-026.

The department is withdrawing this CR-101 because the United States Food and Drug Administration issued final regulations regarding vapor products containing nicotine, including requirements for product labeling (81 F.R. 28973). The final regulation's product labeling requirements took effect May 10, 2018.

The terms of RCW 70.345.075 (3)(a) state that the statute requiring the department to make rules regarding nicotine measurement standards in closed system nicotine containers "expires on the effective date of the final regulations issued by the United States food and drug administration or by any other federal agency, when such regulations mandate warning or advertisement requirements for vapor products."

Individuals requiring information on this rule should contact Heidi Glesmann, health services consultant, heidi.glesmann@doh.wa.gov, or 360-236-3715.

Tami M. Thompson

Regulatory Affairs Manager