Requirements for Sales or Transfers of Covered Sodium Nitrite Products.

A seller or other covered entity may not sell or transfer a product containing sodium nitrite in a concentration greater than 10 percent of the mass or volume of the product, except to a verified commercial business or institution requiring the use of the covered product.?

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A seller or other covered entity also may not sell or offer to sell, directly or indirectly, a covered sodium nitrite product without a label notice that meets specified requirements.?

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A covered entity is a person selling, transferring, or offering to sell or transfer a covered sodium nitrite product.? This includes a manufacturer, wholesaler, distributor, third-party seller, online retailer, lessor, bailor, and all others involved in the distribution of a covered product.

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Affirmation and Verification of Required Commercial Use.

A seller or other covered entity may sell or transfer a covered sodium nitrite product to a verified commercial business or institution if, prior to the sale or transfer of the covered product:

• the commercial business or institution affirms it requires covered sodium nitrite products, which must include providing its employer identification number to the covered entity; and
• the seller or other covered entity has a system that verifies the commercial business or institution requires covered sodium nitrite products, including verifying the employer identification number.

The following systems, whether relied on solely or in combination, do not satisfy the verification obligation of the seller or other covered entity:

• a sale verification system relying on the commercial business or institution simply providing a statement of commercial need and intended usage without additional verification;
• a sale verification system relying on the commercial business or institution using tick boxes to confirm they are a commercial business or institution and require covered products; or
• a sale verification system relying on the commercial business or institution using an "accept" statement to confirm it read the terms and conditions.

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Label Notice.

A seller or other covered entity must label or ensure that a label satisfying the requirements is already affixed to a covered sodium nitrite product with the phrase:? "WARNING DANGER: Deadly if ingested. If ingested, seek immediate medical attention for intravenous administration of methylene blue. Ingestion of sodium nitrite, even in small quantities, causes severe methemoglobinemia, extreme pain, and imminent death. Keep out of reach of children."?

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The label must be in a size equal to at least 2 percent of the surface area of the principal display panel, accompanied by a skull and crossbones symbol.? Where the covered sodium nitrite product is displayed in advertising or in electronic media, a label notice must accompany the display in no smaller a size than is equivalent to the primary description of the sodium nitrite.?

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If a covered sodium nitrite product is shipped or delivered in packaging that obscures or hides the principal display panel, or is sold in bulk or within the same packaging as another product, the packaging must include a skull and crossbones symbol in a prominent location likely to be seen and read by an ordinary individual under customary conditions of transportation and delivery.

If a federal agency or Washington department does not approve a product label that otherwise complies with the labeling requirements, the seller or other covered entity must use a label that complies with as many of the requirements as the relevant agency or department has approved.

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Records.

A seller or other covered entity must retain sale and transfer records and documentation for each purchase or transfer of a covered sodium nitrite product for three years from the date of sale or transfer.?

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Violations.

A seller or other covered entity that violates the new requirements is subject to a civil penalty of $10,000 for the first violation, and a civil penalty of no more than $1 million for a second or subsequent violation.? The Attorney General, a prosecuting attorney within the relevant jurisdiction, or any aggrieved individual may bring an action to impose a civil penalty for a violation.? ?

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A civil penalty does not exclude any other public or private cause of action, whether criminal or civil.? An aggrieved individual, other than the Attorney General, who prevails in a civil action against a covered entity is entitled to reasonable attorney fees, costs, and the greater of actual economic damages or $3,000.? A violation is also declared a violation of the Consumer Protection Act.?

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Short Title.

The law may be known and cited as Tyler's Law.

(In support) There is an urgent need for this bill.? Over 30 young people have purchased concentrated sodium nitrite to end their lives.? While sodium nitrite is used for meat curing, as a corrosion inhibitor, and for other industrial or legitimate uses, at higher concentrations is is lethal if consumed by a human and has no household use.? At above a 10 percent concentration there ceases to be household or commercial uses for sodium nitrite.? Yet it can be purchased online at up to a 99 percent concentration.? These products are easily accessible online without age verifications or parental consent or knowledge.? Online sales of sodium nitrite has grown exponentially, and retailers were aware of the trend and use of the product for suicide.? It is a crime to assist in suicide.? Online retailers have been warned, yet continued to sell concentrated sodium nitrite online without regard, resulting in tragic deaths of young people and pain and loss for families.? The bill creates an accountability structure to prevent future harm and for the law to hold companies accountable.? It is common to have certain restrictions for purchasing types of products, even household drugs at the pharmacy.? The bill takes away a lethal method of suicide.? The lethality is comparable to that of firearms with respect to suicide attempts.? Sodium nitrite ingestion has been mischaracterized in some publications as painless, though this is far from true.? Several other states have passed this type of legislation.

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(Opposed) None.

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(Other) Overall the bill is supported for the consumer protections and for the business-use exemptions.? The only concerns relate to the creation of a new private right of action as well as the impact on smaller local businesses and whether they have an opportunity to cure a violation.? It would be better for enforcement to be exclusively by the Attorney General.

(In support) Representative Sharlett Mena, prime sponsor; Carrie Goldberg, C.A. Goldberg, PLLC; Naomi Leeds, C.A.Goldberg, PLLC; Michelle Vasquez-Stickley; Kaitlin Cherf, Washington State Association for Justice; and Anna Nepomuceno, NAMI Washington.