(1) A covered entity may sell or transfer a covered product to a verified commercial business if, prior to the sale or transfer of the covered product:

(a) The commercial business affirms that the commercial business requires covered products, which must include the commercial business providing its employer identification number to the covered entity; and

(b) The covered entity has a system that verifies that the commercial business requires a covered product, including verifying the employer identification number.

(2) The following systems, whether relied on solely or in combination, do not satisfy the verification obligation of the covered entity specified in subsection (1) of this section:

(a) A sale verification system relying on the commercial business simply providing a statement of commercial need and intended usage without additional verification;

(b) A sale verification system relying on the commercial business using tick boxes to confirm they are a commercial business and require covered products; or

(c) A sale verification system relying on the commercial business using an "accept" statement for the commercial business to confirm that they have read the terms and conditions.

Effective date—2025 c 13: See note following RCW 69.57.010.