Senate Bill Report — SB 5178, Regulating the Transfer of Sodium Nitrite (As of January 27, 2025)

Summary

A Senate Bill Report on SB 5178, as of January 27, 2025, an act relating to protecting public health and safety by regulating the transfer of sodium nitrite. The brief summary says the bill places restrictions on the sale and shipment of sodium nitrite products with a concentration of 10 percent or greater and establishes civil penalties and the applicability of the Consumer Protection Act. Covered entities must retain sale records for three years and include a printed warning on the label with a skull and crossbones symbol. A covered entity that violates the act is subject to a $10,000 penalty for the first violation and no more than $1 million for a second or subsequent violation. The bill contains an emergency clause and takes effect immediately.

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Full text

                             SENATE BILL REPORT
                                   SB 5178

                                      As of January 27, 2025

Title: An act relating to protecting public health and safety by regulating the transfer of sodium
     nitrite.

Brief Description: Protecting public health and safety by regulating the transfer of sodium
     nitrite.

Sponsors: Senators Trudeau, Harris, Frame, Hasegawa, Liias, Nobles, Orwall, Pedersen,
    Salomon and Shewmake.

Brief History:
     Committee Activity: Health & Long-Term Care: 1/17/25 [w/oRec-BFT].
     Business, Financial Services & Trade: 1/30/25.


                                      Brief Summary of Bill
           • Places restrictions on the sale and shipment of sodium nitrite products
             with a concentration of 10 percent or greater.
           • Establishes civil penalties and the applicability of the Consumer
             Protection Act on covered entities that violate the restrictions on the sale
             and shipment of sodium nitrite products.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE

     Staff: Clint McCarthy (786-7319)

     Background: Sodium nitrite appears as a yellowish white crystalline solid. It is
     noncombustible, but will accelerate the burning of combustible material. If large quantities
     are involved in a fire or if the combustible material is finely divided, an explosion may
     result. If contaminated by ammonium compounds, spontaneous decomposition can occur
     and the resulting heat may ignite surrounding combustible material. Prolonged exposure to




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                             SB 5178
     heat may result in an explosion. Toxic oxides of nitrogen are produced in fires involving
     this material. Sodium nitrite ingestion by humans can be poisonous and fatal.

     Summary of Bill: Restrictions on the Sale of Sodium Nitrite. Covered entities are defined
     as a person selling a covered product, which are sodium nitrite products with a
     concentration of more than 10 percent. Covered entities can only sell the covered
     product to manufacturers, wholesalers, distributors, third-party sellers, online retailers, and
     any other businesses. Covered entities must retain sale records and documentation for each
     purchase for three years from the point of sale.

     Shipping and Labeling of Sodium Nitrite Products with a Concentration of 10 Percent or
     More. When selling covered products, covered entities must include the following phrase on
     its label:

     "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."

     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. When shipped, the product
     must display a skull and crossbones symbol likely to be seen and read by an ordinary
     individual.

     Enforcement of Restrictions on the Sale of Sodium Nitrite. A covered entity that violates
     this act is subject to a $10,000 penalty for the first violation, and no more than $1 million
     for second or subsequent violation. The Washington State attorney general, a prosecuting
     attorney within a relevant jurisdiction, or any aggrieved individual may bring action to
     impose a civil penalty. A civil penalty does not exclude other public or private cause of
     action. Any aggrieved individual, other than the attorney general, who prevails in a civil
     action is entitled to reasonable attorney fees.

     The sale of sodium nitrite is also covered by the Consumer Protection Act.

     Appropriation: None.

     Fiscal Note: Available.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: The bill contains an emergency clause and takes effect immediately.




Senate Bill Report                              -2-                                         SB 5178


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