Flavor Ban Ordinance 878

Measure 34-314 to repeal Ordinance 878 failed on May 17, 2022. The results will be certified on Monday, June 13. We will start enforcing the ban once the election is certified and after we have communicated specific information to affected retailers, including a timeline for compliance. OHA will help to enforce the flavor ban, along with the statewide tobacco licensing requirement that went into effect in January.

How will Ordinance 878 work?
Ordinance 878 as enacted by the Washington County Board of Commissioners will:

A. Prohibit the sale of any tobacco product, synthetic nicotine product or inhalant delivery system to any person under 21. This restriction will also apply to inhalant delivery systems sold by licensed marijuana retail shops. However, the county has clarified that this restriction would not apply to marijuana cartridges sold at licensed marijuana retail shops, as those products are regulated by state law.

B. Prohibit the sale of any flavored tobacco or flavored synthetic nicotine product.

C. Prohibit any coupon or price promotion for any tobacco product, synthetic nicotine product or inhalant delivery system.

D. Prohibit the sale of any package of cigarettes containing fewer than 20 cigarettes.

E. Prohibit self-serve vending of any cigarette, tobacco product, synthetic nicotine product or inhalant delivery system.

F. Prohibit moveable places of business that sell any tobacco product, synthetic nicotine product or inhalant delivery system, such as a kiosk or motor vehicle.

What type of infraction will a violation be under Washington County Ordinance 878?
A violation under Ordinance 878 would be a civil infraction with a presumptive fine of $435, and a maximum fine per violation of $2,000 for individuals and $4,000 for corporations. Each day in violation would be considered a separate violation under the ordinance.

Who does the ordinance apply to? 
The ordinance applies to all businesses that sell tobacco, synthetic nicotine and/or vape products in Washington County, Oregon

How will the ordinance be enforced? 
The ordinance will be enforced along with the new statewide tobacco retail license law. Businesses will be inspected annually to ensure compliance with the tobacco retail license law and the Washington County ordinance.  

Questions about tobacco retail licensing 

What is tobacco retail licensing? 
During the 2021 Legislative Session, Oregon passed statewide tobacco retail licensing. This means that all businesses that sell tobacco, nicotine products and inhalant delivery systems will be required to obtain a license to sell the product to consumers. This is similar to what is already required of businesses that sell alcohol or marijuana. 

How do I get a tobacco retail license? 
Retailers can visit the Oregon Department of Revenue cigarette and tobacco products licensing website.  

Have a question not answered here?
Email us at TobaccoRetail@co.washington.or.us.