Title 69 FOOD, DRUGS, COSMETICS, and POISONS

Title 69 Title 69

69 FOOD, DRUGS, COSMETICS, AND POISONS FOOD, DRUGS, COSMETICS, AND POISONS

Chapters 69.04.006 "Director." 69.04.007 "Person." 69.04 Intrastate commerce in food, drugs, and cos- 69.04.008 "Food." metics. 69.04.009 "Drugs." 69.06 Food and beverage establishment workers' 69.04.010 "Device." permits. 69.04.011 "Cosmetic." 69.04.012 "Official compendium." 69.07 Washington food processing act. 69.04.013 "Label." 69.10 Food storage warehouses. 69.04.014 "Immediate container." 69.22 Cottage food operations. 69.04.015 "Labeling." 69.25 Washington wholesome eggs and egg products 69.04.016 "Misleading labeling or advertisement," how determined. 69.04.017 "Antiseptic" as germicide. act. 69.04.018 "New drug" defined. 69.28 Honey. 69.04.019 "Advertisement." 69.30 Sanitary control of shellfish. 69.04.020 "Contaminated with filth." 69.36 Washington caustic poison act of 1929. 69.04.021 "Package." 69.04.022 "Pesticide chemical." 69.38 Poisons—Sales and manufacturing. 69.04.023 "Raw agricultural commodity." 69.40 Poisons and dangerous drugs. 69.04.024 "Food additive," "safe." 69.41 Legend drugs—Prescription drugs. 69.04.025 "Color additive," "color." 69.43 Precursor drugs. 69.04.040 Prohibited acts. 69.04.050 Remedy by injunction. 69.45 Drug samples. 69.04.060 Criminal penalty for violations. 69.50 Uniform controlled substances act. 69.04.070 Additional penalty. 69.51 Controlled substances therapeutic research 69.04.080 Avoidance of penalty. 69.04.090 Liability of disseminator of advertisement. act. 69.04.100 Condemnation of adulterated or misbranded article. 69.51A Medical marijuana. 69.04.110 Embargo of articles. 69.52 Imitation controlled substances. 69.04.120 Procedure on embargo. 69.53 Use of buildings for unlawful drugs. 69.04.123 Exception to petition requirement under RCW 69.04.120. 69.04.130 Petitions may be consolidated. 69.55 Ammonia. 69.04.140 Claimant entitled to sample. 69.60 Over-the-counter medications. 69.04.150 Damages not recoverable if probable cause existed. 69.70 Access to prescription drugs. 69.04.160 Prosecutions. 69.75 Dextromethorphan. 69.04.170 Minor infractions. 69.04.180 Proceedings to be in name of state. 69.80 Food donation and distribution—Liability. 69.04.190 Standards may be prescribed by regulations. 69.90 Kosher food products. 69.04.200 Conformance with federal standards. Board of health and bureau of vital statistics authorized: State Constitution 69.04.205 Bacon—Packaging at retail to reveal quality and leanness. 69.04.206 Bacon—Rules, regulations, and standards—Withholding Art. 20 § 1. packaging use—Hearing—Final determination—Appeal. Controlled atmosphere storage of fruits and vegetables: Chapter 15.30 69.04.207 Bacon—Effective date. RCW. 69.04.210 Food—Adulteration by poisonous or deleterious substance. 69.04.220 Food—Adulteration by abstraction, addition, substitution, etc. Hazardous substances (poison prevention): Chapter 70.106 RCW. 69.04.231 Food—Adulteration by color additive. Horse meat: RCW 16.68.140. 69.04.240 Confectionery—Adulteration. 69.04.245 Poultry—Improper use of state's geographic outline. Hotel and restaurant safety regulations: Chapter 70.62 RCW. 69.04.250 Food—Misbranding by false label, etc. Inhaling toxic fumes: Chapter 9.47A RCW. 69.04.260 Packaged food—Misbranding. 69.04.270 Food—Misbranding by lack of prominent label. Milk and milk products for animal food: Chapter 15.37 RCW. 69.04.280 Food—Misbranding for nonconformity with standard of iden- Pharmacy quality assurance commission: Chapter 18.64 RCW. tity. 69.04.290 Food—Misbranding for nonconformity with standard of qual- Poison information centers: Chapter 18.76 RCW. ity. Preparations, patent medicines containing alcohol: Chapter 66.12 RCW. 69.04.300 Food—Misbranding for nonconformity with standard of fill. 69.04.310 Food—Misbranding by failure to show usual name and ingre- Regulation of sale of drugs and medicines authorized: State Constitution Art. dients. 20 § 2. 69.04.320 Food—Misbranding by failure to show dietary properties. Unlawful to refill trademarked containers: RCW 19.76.110. 69.04.330 Food—Misbranding by failure to show artificial flavoring, coloring, etc. 69.04.331 Popcorn sold by theaters or commercial food service establish-

Chapter 69.04 ments—Misbranded if the use of butter or ingredients of but- Chapter 69.04 RCW ter-like flavoring not disclosed. 69.04 INTRASTATE COMMERCE IN FOOD, DRUGS, AND COSMETICS INTRASTATE COMMERCE IN FOOD, DRUGS, 69.04.333 Poultry and poultry products—Label to indicate if product fro- AND COSMETICS zen. (Formerly: Food, drug, and cosmetic act) 69.04.334 Turkeys—Label requirement as to grading. 69.04.335 RCW 69.04.333 and 69.04.334 subject to enforcement and Sections penalty provisions of chapter. 69.04.340 Natural vitamin, mineral, or dietary properties need not be 69.04.001 Statement of purpose. shown. 69.04.002 Introductory. 69.04.345 Direct seller license. 69.04.003 "Federal act" defined. 69.04.350 Permits to manufacture or process certain foods. 69.04.004 "Intrastate commerce." 69.04.360 Suspension of permit. 69.04.005 "Sale." 69.04.370 Right of access for inspection.

2014 [Title 69 RCW—page 1] 69.04.001 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.04.380 Food exempt if in transit for completion purposes. 69.04.934 Salmon labeling—Identification as farm-raised or commer- 69.04.390 Regulations permitting tolerance of harmful matter. cially caught—Exceptions—Penalty. 69.04.392 Regulations permitting tolerance of harmful matter—Pesticide 69.04.935 Salmon labeling—Rules for identification and enforcement. chemicals in or on raw agricultural commodities. 69.04.938 Misbranding of food fish or shellfish—Penalties. 69.04.394 Regulations permitting tolerance of harmful matter—Food 69.04.940 Imported lamb products—Labeling requirements. additives. 69.04.950 Transport of bulk foods—Definitions. 69.04.396 Regulations permitting tolerance of harmful matter—Color 69.04.955 Transport of bulk foods—Prohibitions—Exemption. additives. 69.04.960 Transport of bulk foods—Compatible substances—Cleaning 69.04.398 Purpose of RCW 69.04.110, 69.04.392, 69.04.394, vehicle or vessel—Vehicle or vessel marking. 69.04.396—Uniformity with federal laws and regulations— 69.04.965 Transport of bulk foods—Transports not constituting viola- Application to production of kosher food products—Adop- tions. tion of rules. 69.04.970 Transport of bulk foods—Substances rendering vehicle or ves- 69.04.400 Conformance with federal regulations. sel permanently unsuitable for bulk food transport—Proce- 69.04.410 Drugs—Adulteration by harmful substances. dures to rehabilitate vehicles and vessels. 69.04.420 Drugs—Adulteration for failure to comply with compendium 69.04.975 Transport of bulk foods—Rehabilitation of vehicles and ves- standard. sels—Inspection—Certification—Marking—Costs. 69.04.430 Drugs—Adulteration for lack of represented purity or quality. 69.04.980 Transport of bulk foods—Penalties. 69.04.440 Drugs—Adulteration by admixture or substitution of ingredients. Chapter 69.07 RCW does not impair authority of director or department 69.04.450 Drugs—Misbranding by false labeling. under this chapter: RCW 69.07.160. 69.04.460 Packaged drugs—Misbranding. 69.04.470 Drugs—Misbranding by lack of prominent label. Dairies and dairy products: Chapter 15.36 RCW. 69.04.480 Drugs—Misbranding for failure to state content of habit form- Food processing inspection account: RCW 69.07.120. ing drug. 69.04.490 Drugs—Misbranding by failure to show usual name and ingre- Patent medicine peddlers: Chapter 18.64 RCW. dients.

69.04.001 Statement of purpose. 69.04.500 Drugs—Misbranding by failure to give directions for use and 69.04.001 Statement of purpose. This chapter is warnings. 69.04.510 Drugs—Misbranding for improper packaging and labeling. intended to enact state legislation (1) which safeguards the 69.04.520 Drugs—Misbranding for failure to show possibility of deterio- public health and promotes the public welfare by protecting ration. 69.04.530 Drugs—Misbranding by misleading representation. the consuming public from (a) potential injury by product 69.04.540 Drugs—Misbranding by sale without prescription of drug use; (b) products that are adulterated; or (c) products that requiring it. have been produced under unsanitary conditions, and the pur- 69.04.550 Drugs exempt if in transit for completion purposes. 69.04.560 Dispensing of certain drugs exempt. chasing public from injury by merchandising deceit flowing 69.04.565 DMSO (dimethyl sulfoxide) authorized. from intrastate commerce in food, drugs, devices, and cos- 69.04.570 Introduction of new drug. metics; and (2) which is uniform, as provided in this chapter, 69.04.580 Application for introduction. 69.04.590 Effective date of application. with the federal food, drug, and cosmetic act; and with the 69.04.600 Denial of application. federal trade commission act, to the extent it expressly out- 69.04.610 Revocation of denial. 69.04.620 Service of order of denial. laws the false advertisement of food, drugs, devices, and cos- 69.04.630 Drug for investigational use exempt. metics; and (3) which thus promotes uniformity of such law 69.04.640 Court review of denial. and its administration and enforcement, in and throughout the 69.04.650 Dispensing of certain drugs exempt. 69.04.660 Federally licensed drugs exempt. United States. [1991 c 162 § 1; 1945 c 257 § 2; Rem. Supp. 69.04.670 Cosmetics—Adulteration by injurious substances. 1945 § 6163-51.] 69.04.680 Cosmetics—Misbranding by false label, etc. 69.04.690 Cosmetics—Misbranding by lack of prominent label. Conformity with federal regulations: RCW 69.04.190 and 69.04.200. 69.04.700 Cosmetics exempt if in transit for completion purposes. 69.04.002 Introductory. 69.04.710 Advertisement, when deemed false. 69.04.002 Introductory. For the purposes of this chap- 69.04.720 Advertising of cure of certain diseases deemed false. 69.04.730 Enforcement, where vested—Regulations. ter, terms shall apply as herein defined unless the context 69.04.740 Regulations to conform with federal regulations. clearly indicates otherwise. [1945 c 257 § 3; Rem. Supp. 69.04.750 Hearings. 1945 § 6163-52.] 69.04.761 Hearing on proposed regulation—Procedure. 69.04.770 Review on petition prior to effective date. 69.04.003 "Federal act" defined. 69.04.780 Investigations—Samples—Right of entry—Verified state- 69.04.003 "Federal act" defined. The term "federal ments. 69.04.790 Owner may obtain part of sample. act" means the federal food, drug, and cosmetic act, approved 69.04.800 Access to records of other agencies. on June 25, 1938. (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 69.04.810 Access to records of intrastate carriers. et seq.) [1945 c 257 § 4; Rem. Supp. 1945 § 6163-53.] 69.04.820 Right of entry to factories, warehouses, vehicles, etc. 69.04.830 Publication of reports of judgments, orders and decrees. 69.04.004 "Intrastate commerce." 69.04.840 Dissemination of information. 69.04.004 "Intrastate commerce." The term "intra- 69.04.845 Severability—1945 c 257. 69.04.850 Construction—1945 c 257. state commerce" means any and all commerce within the 69.04.860 Effective date of chapter—1945 c 257. state of Washington and subject to the jurisdiction thereof; 69.04.870 Short title. and includes the operation of any business or service estab- 69.04.880 Civil penalty. 69.04.900 Perishable packaged food—Pull date labeling—Definitions. lishment. [1945 c 257 § 5; Rem. Supp. 1945 § 6163-54.] 69.04.905 Perishable packaged food—Pull date labeling—Required.

69.04.005 "Sale." 69.04.910 Perishable packaged food—Pull date labeling—Selling or 69.04.005 "Sale." The term "sale" means any and trading goods beyond pull date—Repackaging to substitute for original date—Exception. every sale and includes (1) manufacture, processing, packing, 69.04.915 Perishable packaged food—Pull date labeling—Storage— canning, bottling, or any other production, preparation, or Rules and regulations. 69.04.920 Perishable packaged food—Pull date labeling—Penalties. putting up; (2) exposure, offer, or any other proffer; (3) hold- 69.04.928 Seafood labeling requirements—Pamphlet. ing, storing, or any other possessing; (4) dispensing, giving, 69.04.930 Frozen fish and meat—Labeling requirements—Exceptions. delivering, serving, or any other supplying; and (5) applying, 69.04.932 Definitions. 69.04.933 Food fish and shellfish labeling—Identification of species— administering, or any other using. [1945 c 257 § 6; Rem. Exceptions—Penalty. Supp. 1945 § 6163-55.] [Title 69 RCW—page 2] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.018

69.04.006 "Director." 69.04.006 "Director." The term "director" means the authority of this chapter that any word, statement, or other director of the department of agriculture of the state of Wash- information appear on the label shall not be considered to be ington and his or her duly authorized representatives. [2012 complied with unless such word, statement, or other informa- c 117 § 328; 1945 c 257 § 7; Rem. Supp. 1945 § 6163-56.] tion also appears on the outside container or wrapper, if any Director of agriculture, general duties: Chapter 43.23 RCW. there be, of the retail package of such article, or is easily legible through the outside container or wrapper. [1945 c 257 § 69.04.007 "Person." 69.04.007 "Person." The term "person" includes indi- 14; Rem. Supp. 1945 § 6163-63.] vidual, partnership, corporation, and association. [1945 c 257 § 8; Rem. Supp. 1945 § 6163-57.] 69.04.014 "Immediate container." "Immediate container." The term "immediate container" does not include package liners. [1945 c 257 69.04.008 "Food." 69.04.008 "Food." The term "food" means (1) articles § 15; Rem. Supp. 1945 § 6163-64.] used for food or drink for people or other animals, (2) bottled

69.04.015 "Labeling." water, (3) chewing gum, and (4) articles used for components 69.04.015 "Labeling." The term "labeling" means all of any such article. [1992 c 34 § 2; 1945 c 257 § 9; Rem. labels and other written, printed, or graphic matter (1) upon Supp. 1945 § 6163-58.] any article or any of its containers or wrappers, or (2) accom- Additional notes found at www.leg.wa.gov panying such article. [1945 c 257 § 16; Rem. Supp. 1945 § 6163-65.] 69.04.009 "Drugs." 69.04.009 "Drugs." The term "drug" means (1) articles Crimes relating to labeling: Chapter 9.16 RCW, RCW 69.40.055. recognized in the official United States pharmacopoeia, offi-

69.04.016 "Misleading labeling or advertisement," how determined. cial homeopathic pharmacopoeia of the United States, or offi- 69.04.016 69.04.016 "Misleading labeling or advertisement," cial national formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, miti- how determined. If any article is alleged to be misbranded gation, treatment, or prevention of disease in human beings because the labeling is misleading, or if an advertisement is or other animals; and (3) articles (other than food) intended to alleged to be false because it is misleading, then in determin- affect the structure or any function of the body of human ing whether the labeling or advertisement is misleading there shall be taken into account (among other things) not only rep- beings or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); resentations made or suggested by statement, word, design, but does not include devices or their components, parts, or device, sound, or any combination thereof, but also the extent accessories. [2009 c 549 § 1018; 1945 c 257 § 10; Rem. to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with Supp. 1945 § 6163-59. Prior: 1907 c 211 § 2.] respect to consequences which may result from the use of the

69.04.010 "Device." 69.04.010 article to which the labeling or advertisement relates under 69.04.010 "Device." The term "device" (except when the conditions of use prescribed in the labeling or advertise- used in RCW 69.04.016 and in RCW 69.04.040(10), ment thereof or under such conditions of use as are customary 69.04.270, 69.04.690, and in RCW 69.04.470 as used in the or usual. [1945 c 257 § 17; Rem. Supp. 1945 § 6163-66.] sentence "(as compared with other words, statements, designs, or devices, in the labeling)") means instruments, Crimes relating to advertising: Chapter 9.04 RCW. apparatus, and contrivances, including their components, 69.04.017 "Antiseptic" as germicide. parts and accessories, intended (1) for use in the diagnosis, 69.04.017 "Antiseptic" as germicide. The representa- cure, mitigation, treatment, or prevention of disease in human tion of a drug, in its labeling or advertisement, as an antisep- beings or other animals; or (2) to affect the structure or any tic shall be considered to be a representation that it is a germi- function of the body of human beings or other animals. [2009 cide, except in the case of a drug purporting to be, or repre- c 549 § 1019; 1945 c 257 § 11; Rem. Supp. 1945 § 6163-60.] sented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves pro-

69.04.011 "Cosmetic." 69.04.011 "Cosmetic." The term "cosmetic" means (1) longed contact with the body. [1945 c 257 § 18; Rem. Supp. articles intended to be rubbed, poured, sprinkled, or sprayed 1945 § 6163-67.] on, introduced into, or otherwise applied to the human body 69.04.018 "New drug" defined. or any part thereof for cleansing, beautifying, promoting 69.04.018 "New drug" defined. The term "new drug" attractiveness, or altering the appearance, and (2) articles means (1) any drug the composition of which is such that intended for use as a component of any such article; except such drug is not generally recognized, among experts quali- that such term shall not include soap. [1945 c 257 § 12; Rem. fied by scientific training and experience to evaluate the Supp. 1945 § 6163-61.] safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof;

69.04.012 "Official compendium." 69.04.012 "Official compendium." The term "official or (2) any drug the composition of which is such that such compendium" mean the official United States pharmaco- drug, as a result of investigations to determine its safety for poeia, official homeopathic pharmacopoeia of the United use under such conditions, has become so recognized, but States, official national formulary, or any supplement to any which has not, otherwise than in such investigations, been of them. [1945 c 257 § 13; Rem. Supp. 1945 § 6163-62.] used to a material extent or for a material time under such conditions: PROVIDED, That no drug in use on the *effec-

69.04.013 "Label." 69.04.013 "Label." The term "label" means a display tive date of this chapter shall be regarded as a new drug. of written, printed, or graphic matter upon the immediate [1945 c 257 § 19; Rem. Supp. 1945 § 6163-68.] container of any article; and a requirement made by or under Additional notes found at www.leg.wa.gov 2014 [Title 69 RCW—page 3] 69.04.019 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.04.019 "Advertisement." 69.04.019 "Advertisement." The term "advertise- term does not include any material which the director, by reg- ment" means all representations, other than by labeling, for ulation, determines is used (or intended to be used) solely for the purpose of inducing, or which are likely to induce, a purpose or purposes other than coloring. directly or indirectly, the purchase of food, drugs, devices, or (2) The term "color" includes black, white, and interme- cosmetics. [1945 c 257 § 20; Rem. Supp. 1945 § 6163-69.] diate grays. (3) Nothing in subsection (1) hereof shall be construed to 69.04.020 "Contaminated with filth." 69.04.020 "Contaminated with filth." The term "con- apply to any pesticide chemical, soil or plant nutrient, or taminated with filth" applies to any food, drug, device, or other agricultural chemical solely because of its effect in aid- cosmetic not securely protected from dust, dirt, and as far as ing, retarding, or otherwise affecting, directly or indirectly, may be necessary by all reasonable means, from all foreign or the growth or other natural physiological processes of pro- injurious contaminations. [1945 c 257 § 21; Rem. Supp. duce of the soil and thereby affecting its color, whether 1945 § 6163-70.] before or after harvest. [1963 c 198 § 12.]

69.04.021 "Package." 69.04.021 69.04.040 Prohibited acts. 69.04.021 "Package." The word "package" shall 69.04.040 Prohibited acts. The following acts and the include, and be construed to include, wrapped meats enclosed causing thereof are hereby prohibited: in papers or other materials as prepared by the manufacturers (1) The sale in intrastate commerce of any food, drug, thereof for sale. [1963 c 198 § 8.] device, or cosmetic that is adulterated or misbranded. (2) The adulteration or misbranding of any food, drug, 69.04.022 "Pesticide chemical." 69.04.022 "Pesticide chemical." The term "pesticide device, or cosmetic in intrastate commerce. chemical" means any substance defined as an economic poi- (3) The receipt in intrastate commerce of any food, drug, son and/or agricultural pesticide in Title 15 RCW as now device, or cosmetic that is adulterated or misbranded, and the enacted or hereafter amended. [1963 c 198 § 9.] sale thereof in such commerce for pay or otherwise. (4) The introduction or delivery for introduction into 69.04.023 "Raw agricultural commodity." 69.04.023 "Raw agricultural commodity." The term intrastate commerce of (a) any food in violation of RCW "raw agricultural commodity" means any food in its raw or 69.04.350; or (b) any new drug in violation of RCW natural state, including all fruits that are washed, colored or 69.04.570. otherwise treated in their unpeeled natural form prior to mar- (5) The dissemination within this state, in any manner or keting. [1963 c 198 § 10.] by any means or through any medium, of any false advertisement. 69.04.024 "Food additive," "safe." 69.04.024 "Food additive," "safe." (1) The term (6) The refusal to permit (a) entry and the taking of a "food additive" means any substance the intended use of sample or specimen or the making of any investigation or which results or may reasonably be expected to result, examination as authorized by RCW 69.04.780; or (b) access directly or indirectly, in its becoming a component or other- to or copying of any record as authorized by RCW 69.04.810. wise affecting the characteristics of any food (including any (7) The refusal to permit entry or inspection as autho- substance intended for use in producing, manufacturing, rized by RCW 69.04.820. packing, processing, preparing, treating, packaging, trans- (8) The removal, mutilation, or violation of an embargo porting, or holding food; and including any source of radia- notice as authorized by RCW 69.04.110. tion intended for any such use), if such substance generally is (9) The giving of a guaranty or undertaking in intrastate recognized, among experts qualified by scientific training commerce, referred to in RCW 69.04.080, that is false. and experience to evaluate its safety, as having been ade- (10) The forging, counterfeiting, simulating, or falsely quately shown through scientific procedures (or, in the case representing, or without proper authority, using any mark, of a substance used in food prior to January 1, 1958; through stamp, tag, label, or other identification device authorized or either scientific procedures or experience based on common required by regulations promulgated under RCW 69.04.350. use in food) to be unsafe under the conditions of its intended (11) The alteration, mutilation, destruction, obliteration, use; except that such term does not include; (a) a pesticide or removal of the whole or any part of the labeling of a food, chemical in or on a raw agricultural commodity; or (b) a pes- drug, device, or cosmetic, or the doing of any other act with ticide chemical to the extent that it is intended for use or is respect to a food, drug, device, or cosmetic, or the labeling or used in the production, storage, or transportation of any raw advertisement thereof, which results in a violation of this agricultural commodity; or (c) a color additive. chapter. (2) The term "safe" as used in the food additive defini- (12) The using in intrastate commerce, in the labeling or tion has reference to the health of human beings or animals. advertisement of any drug, of any representation or sugges- [2009 c 549 § 1020; 1963 c 198 § 11.] tion that an application with respect to such drug is effective under section 505 of the federal act or under RCW 69.04.570, 69.04.025 "Color additive," "color." 69.04.025 "Color additive," "color." (1) The term or that such drug complies with the provisions of either such "color additive" means a material which (a) is a dye, pigment, section. [1945 c 257 § 22; Rem. Supp. 1945 § 6163-71. Prior: or other substance made by a process of synthesis or similar 1917 c 168 § 1; 1907 c 211 § 1; 1901 c 94 § 1.] artifice, or extracted, isolated, or otherwise derived, with or

69.04.050 Remedy by injunction. without intermediate or final change of identity, from a vege- 69.04.050 Remedy by injunction. (1) In addition to the table, animal, mineral, or other source, and (b) when added or remedies hereinafter provided the director is hereby autho- applied to a food is capable (alone or through reaction with rized to apply to the superior court of Thurston county for, other substance) of imparting color thereto; except that such and such court shall have jurisdiction upon prompt hearing [Title 69 RCW—page 4] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.120 and for cause shown to grant, a temporary or permanent good faith, to the effect that such article complies with this injunction restraining any person from violating any provi- chapter; or sion of RCW 69.04.040; without proof that an adequate rem- (3) For having violated RCW 69.04.040(5), if he or she edy at law does not exist. establishes a guaranty or undertaking signed by, and contain- (2) Whenever it appears to the satisfaction of the court in ing the name and address of, the person in the state of Wash- the case of a newspaper, magazine, periodical, or other publi- ington from whom he or she received such advertisement in cation, published at regular intervals (a) that restraining the good faith, to the effect that such advertisement complies dissemination of a false advertisement in any particular issue with this chapter; or of such publication would delay the delivery of such issue (4) For having violated RCW 69.04.040(9), if he or she after the regular time therefor, and (b) that such delay would establishes that he or she gave such guaranty or undertaking be due to the method by which the manufacture and distribu- in good faith and in reliance on a guaranty or undertaking to tion of such publication is customarily conducted by the pub- him or her, which guaranty or undertaking was to the same lisher in accordance with sound business practice, and not to effect and was signed by, and contained the name and address any method or device adopted for the evasion of this section of, a person in the state of Washington. [2012 c 117 § 329; or to prevent or delay the issuance of an injunction or 1945 c 257 § 26; Rem. Supp. 1945 § 6163-75.] restraining order with respect to such false advertisement or 69.04.090 Liability of disseminator of advertisement. any other advertisement, the court shall exclude such issue 69.04.090 Liability of disseminator of advertisement. from the operation of the restraining order or injunction. No publisher, radio broadcast licensee, advertising agency, or [1945 c 257 § 23; Rem. Supp. 1945 § 6163-72.] agency or medium for the dissemination of an advertisement, Injunctions, generally: Chapter 7.40 RCW. except the manufacturer, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to 69.04.060 Criminal penalty for violations. Criminal penalty for violations. Except as the penalties of RCW 69.04.060 by reason of his or her dis- otherwise provided in this chapter, any person who violates semination of any false advertisement, unless he or she has any provision of RCW 69.04.040 is guilty of a misdemeanor refused on the request of the director to furnish the name and and shall on conviction thereof be subject to the following address of the manufacturer, packer, distributor, seller, or penalties: advertising agency in the state of Washington, who caused him or her to disseminate such false advertisement. [2012 c (1) A fine of not more than two hundred dollars; or 117 § 330; 1945 c 257 § 27; Rem. Supp. 1945 § 6163-76.] (2) If the violation is committed after a conviction of

69.04.100 Condemnation of adulterated or misbranded article. such person under this section has become final, imprison- 69.04.100 Condemnation of adulterated or mis- ment for not more than thirty days, or a fine of not more than branded article. Whenever the director shall find in intra- five hundred dollars, or both such imprisonment and fine. state commerce an article subject to this chapter which is so [2013 c 290 § 1; 2003 c 53 § 314; 1945 c 257 § 24; Rem. adulterated or misbranded that it is unfit or unsafe for human Supp. 1945 § 6163-73. Prior: 1907 c 211 § 12; 1901 c 94 § use and its immediate condemnation is required to protect the 11.] public health, such article is hereby declared to be a nuisance Intent—Effective date—2003 c 53: See notes following RCW and the director is hereby authorized forthwith to destroy 2.48.180. such article or to render it unsalable for human use. [1945 c 257 § 28; Rem. Supp. 1945 § 6163-77.] 69.04.070 Additional penalty. Additional penalty. Notwithstanding the

69.04.110 Embargo of articles. provisions of RCW 69.04.060, a person who violates RCW 69.04.110 Embargo of articles. Whenever the director 69.04.040 with intent to defraud or mislead is guilty of a mis- shall find, or shall have probable cause to believe, that an arti- demeanor and the penalty shall be imprisonment for not more cle subject to this chapter is in intrastate commerce in viola- than ninety days, or a fine of not more than one thousand dol- tion of this chapter, and that its embargo under this section is lars, or both such imprisonment and fine. [2003 c 53 § 315; required to protect the consuming or purchasing public, due 1945 c 257 § 25; Rem. Supp. 1945 § 6163-74.] to its being adulterated or misbranded, or to otherwise protect Intent—Effective date—2003 c 53: See notes following RCW the public from injury, or possible injury, he or she is hereby 2.48.180. authorized to affix to such article a notice of its embargo and against its sale in intrastate commerce, without permission 69.04.080 Avoidance of penalty. Avoidance of penalty. No person shall be given under this chapter. But if, after such article has been so subject to the penalties of RCW 69.04.060: embargoed, the director shall find that such article does not (1) For having violated RCW 69.04.040(3), if he or she involve a violation of this chapter, such embargo shall be establishes that he or she received and sold such article in forthwith removed. [1991 c 162 § 3; 1975 1st ex.s. c 7 § 25; good faith, unless he or she refuses on request of the director 1945 c 257 § 29; Rem. Supp. 1945 § 6163-78.] to furnish the name and address of the person in the state of Purpose of section: See RCW 69.04.398. Washington from whom he or she received such article and

69.04.120 Procedure on embargo. copies of all available documents pertaining to his or her 69.04.120 Procedure on embargo. When the director receipt thereof; or has embargoed an article, he or she shall, forthwith and with- (2) For having violated RCW 69.04.040 (1), (3), or (4), if out delay and in no event later than thirty days after the affix- he or she establishes a guaranty or undertaking signed by, and ing of notice of its embargo, petition the superior court for an containing the name and address of, the person in the state of order affirming the embargo. The court then has jurisdiction, Washington from whom he or she received such article in for cause shown and after prompt hearing to any claimant of 2014 [Title 69 RCW—page 5] 69.04.123 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons the embargoed article, to issue an order which directs the public interest will be adequately served in the circumstances removal of the embargo or the destruction or the correction by a suitable written notice or warning. [2012 c 117 § 332; and release of the article. An order for destruction or correc- 1945 c 257 § 35; Rem. Supp. 1945 § 6163-84.] tion and release shall contain such provision for the payment

69.04.180 Proceedings to be in name of state. of pertinent court costs and fees and administrative expenses 69.04.180 Proceedings to be in name of state. All as is equitable and which the court deems appropriate in the such proceedings for the enforcement, or to restrain viola- circumstances. An order for correction and release may con- tions, of this chapter shall be by and in the name of the state tain such provision for a bond as the court finds indicated in of Washington. [1945 c 257 § 36; Rem. Supp. 1945 § 6163- the circumstances. [1991 c 162 § 4; 1983 c 95 § 8; 1945 c 85.] 257 § 30; Rem. Supp. 1945 § 6163-79.]

69.04.190 Standards may be prescribed by regulations. 69.04.190 Standards may be prescribed by regula- 69.04.123 Exception to petition requirement under RCW 69.04.120. 69.04.123 Exception to petition requirement under tions. Whenever in the judgment of the director such action RCW 69.04.120. The director need not petition the superior will promote honesty and fair dealing in the interest of con- court as provided for in RCW 69.04.120 if the owner or sumers, he or she shall promulgate regulations fixing and claimant of such food or food products agrees in writing to establishing for any food, under its common or usual name so the disposition of such food or food products as the director far as practicable, a reasonable definition and standard of may order. [1995 c 374 § 20.] identity, a reasonable standard of quality, and/or reasonable Additional notes found at www.leg.wa.gov standards of fill of container. In prescribing any standard of fill of container, consideration shall be given to and due 69.04.130 Petitions may be consolidated. 69.04.130 Petitions may be consolidated. Two or allowance shall be made for product or volume shrinkage or more petitions under RCW 69.04.120, which pend at the expansion unavoidable in good commercial practice, and same time and which present the same issue and claimant need for packing and protective material. In prescribing any hereunder, shall be consolidated for simultaneous determina- standard of quality for any canned fruit or canned vegetable, tion by one court of jurisdiction, upon application to any consideration shall be given to and due allowance shall be court of jurisdiction by the director or by such claimant. made for the differing characteristics of the several varieties [1945 c 257 § 31; Rem. Supp. 1945 § 6163-80.] thereof. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are 69.04.140 Claimant entitled to sample. 69.04.140 Claimant entitled to sample. The claimant permitted, the director shall, for the purpose of promoting in any proceeding by petition under RCW 69.04.120 shall be honesty and fair dealing in the interest of consumers, desig- entitled to receive a representative sample of the article sub- nate the optional ingredients which shall be named on the ject to such proceeding, upon application to the court of juris- label. [2012 c 117 § 333; 1945 c 257 § 37; Rem. Supp. 1945 diction made at any time after such petition and prior to the § 6163-86. Prior: 1917 c 168 § 2.] hearing thereon. [1945 c 257 § 32; Rem. Supp. 1945 § 6163-

69.04.200 Conformance with federal standards. 81.] 69.04.200 Conformance with federal standards. The definitions and standards of identity, the standards of quality 69.04.150 Damages not recoverable if probable cause existed. 69.04.150 Damages not recoverable if probable cause and fill of container, and the label requirements prescribed by existed. No state court shall allow the recovery of damages regulations promulgated under *this section shall conform, from administrative action for condemnation under RCW insofar as practicable, with those prescribed by regulations 69.04.100 or for embargo under RCW 69.04.110, if the court promulgated under section 401 of the federal act and to the finds that there was probable cause for such action. [1945 c definitions and standards promulgated under the meat inspec- 257 § 33; Rem. Supp. 1945 § 6163-82.] tion act approved March 4, 1907, as amended. [1945 c 257 § 38; Rem. Supp. 1945 § 6163-87.] 69.04.160 Prosecutions. 69.04.160 Prosecutions. (1) It shall be the duty of each *Reviser's note: The language "this section" appears in 1945 c 257 § 38 state attorney, county attorney, or city attorney to whom the but apparently refers to 1945 c 257 § 37 codified as RCW 69.04.190. director reports any violation of this chapter, or regulations 69.04.205 Bacon—Packaging at retail to reveal quality and leanness. promulgated under it, to cause appropriate proceedings to be 69.04.205 Bacon—Packaging at retail to reveal qual- instituted in the proper courts, without delay, and to be duly ity and leanness. All packaged bacon other than that pack- prosecuted as prescribed by law. aged in cans shall be offered and exposed for sale and sold, (2) Before any violation of this chapter is reported by the within the state of Washington only at retail in packages director to any such attorney for the institution of a criminal which permit the buyer to readily view the quality and degree proceeding, the person against whom such proceeding is con- of leanness of the product. [1971 c 49 § 1.] templated shall be given appropriate notice and an opportu- 69.04.206 Bacon—Rules, regulations, and standards—Withholding packaging use—Hearing—Final determination—Appeal. nity to present his or her views to the director, either orally or 69.04.206 Bacon—Rules, regulations, and stan- in writing, with regard to such contemplated proceeding. dards—Withholding packaging use—Hearing—Final [2012 c 117 § 331; 1945 c 257 § 34; Rem. Supp. 1945 § determination—Appeal. The director of the department of 6163-83.] agriculture is hereby authorized to promulgate rules, regulations, and standards for the implementation of RCW 69.04.170 Minor infractions. 69.04.170 Minor infractions. Nothing in this chapter 69.04.205 through 69.04.207. If the director has reason to shall be construed as requiring the director to report for the believe that any packaging method, package, or container in institution of proceedings under this chapter, minor viola- use or proposed for use with respect to the marketing of tions of this chapter, whenever he or she believes that the bacon is false or misleading in any particular, or does not [Title 69 RCW—page 6] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.250 meet the requirements of RCW 69.04.205, he or she may slaughter or which has been fed on the uncooked offal from a direct that such use be withheld unless the packaging method, slaughterhouse; or package, or container is modified in such manner as he of [or] (6) If its container is composed in whole or in part of any she may prescribe so that it will not be false or misleading. If poisonous or deleterious substance which may render the the person, firm, or corporation using or proposing to use the contents injurious to health; or packaging method, package, or container does not accept the (7) If it has been intentionally subjected to radiation, determination of the director such person, firm, or corpora- unless the use of the radiation was in conformity with a regu- tion may request a hearing, but the use of the packaging lation or exemption in effect pursuant to RCW 69.04.394. method, package, or container shall, if the director so directs, [1963 c 198 § 1; 1945 c 257 § 39; Rem. Supp. 1945 § 6163- be withheld pending hearing and final determination by the 88. Prior: 1923 c 36 § 1; 1907 c 211 § 3; 1901 c 94 § 3.] director. Any such determination by the director shall be con- 69.04.220 Food—Adulteration by abstraction, addition, substitution, etc. clusive unless, within thirty days after receipt of notice of 69.04.220 Food—Adulteration by abstraction, addi- such final determination, the person, firm, or corporation tion, substitution, etc. A food shall be deemed to be adulter- adversely affected thereby appeals to a court of proper juris- ated (1) if any valuable constituent has been in whole or in diction. [2012 c 117 § 334; 1971 c 49 § 2.] part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if dam- 69.04.207 Bacon—Effective date. Bacon—Effective date. RCW 69.04.205 age or inferiority has been concealed in any manner; or (4) if through 69.04.207 shall take effect on January 1, 1972. any substance has been added thereto or mixed or packed [1971 c 49 § 3.] therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater

69.04.210 Food—Adulteration by poisonous or deleterious substance. value than it is. [1945 c 257 § 40; Rem. Supp. 1945 § 6163- 69.04.210 Food—Adulteration by poisonous or dele- 89.] terious substance. A food shall be deemed to be adulterated:

69.04.231 Food—Adulteration by color additive. (1) If it bears or contains any poisonous or deleterious 69.04.231 Food—Adulteration by color additive. A substance which may render it injurious to health; but in case food shall be deemed to be adulterated if it is, or it bears or the substance is not an added substance such food shall not be contains a color additive which is unsafe within the meaning considered adulterated under this clause if the quantity of of RCW 69.04.396. [1963 c 198 § 5.] such substance in such food does not ordinarily render it inju-

69.04.240 Confectionery—Adulteration. rious to health; or 69.04.240 Confectionery—Adulteration. A food shall (2)(a) If it bears or contains any added poisonous or be deemed to be adulterated if it is confectionery and it bears added deleterious substance (other than one which is (i) a or contains any alcohol from natural or artificial alcohol fla- pesticide chemical in or on a raw agricultural commodity; (ii) voring in excess of one percent of the weight of the confec- a food additive, or (iii) a color additive) which is unsafe tion or any nonnutritive article or substance except harmless within the meaning of RCW 69.04.390, or (b) if it is a raw coloring, harmless flavoring, harmless resinous glaze not in agricultural commodity and it bears or contains a pesticide excess of four-tenths of one percent, natural gum, and pectin. chemical which is unsafe within the meaning of RCW This section shall not apply to any chewing gum by reason of 69.04.392, or (c) if it is, or it bears or contains, any food addi- its containing harmless nonnutritive masticatory substances, tive which is unsafe within the meaning of RCW 69.04.394: or to any confection permitted to be sold by an endorsement PROVIDED, That where a pesticide chemical has been used from the liquor control board under RCW 66.24.360. [2007 in or on a raw agricultural commodity in conformity with an c 226 § 3; 1984 c 78 § 2; 1945 c 257 § 42; Rem. Supp. 1945 exemption granted or a tolerance prescribed under RCW § 6163-91. Prior: 1923 c 36 § 1, part; 1907 c 211 § 3, part.] 69.04.392 and such raw agricultural commodity has been Finding and declaration—Severability—1984 c 78: See notes follow- subjected to processing such as canning, cooking, freezing, ing RCW 66.12.160. dehydrating, or milling, the residue of such pesticide chemi- 69.04.245 Poultry—Improper use of state's geographic outline. cal remaining in or on such processed food shall, notwith- 69.04.245 Poultry—Improper use of state's geo- standing the provisions of RCW 69.04.390 and 69.04.394, graphic outline. Uncooked poultry is deemed to be mis- not be deemed unsafe if such residue in or on the raw agricul- branded if it is produced outside of this state but the label for tural commodity has been removed to the extent possible in the poultry contains the geographic outline of this state. good manufacturing practice and the concentration of such [1989 c 257 § 2.] residue in the processed food when ready to eat is not greater Legislative findings—1989 c 257: "The legislature finds that: Poultry than the tolerance prescribed for the raw agricultural com- produced in this state is known throughout the state for its high quality; and modity; or one of the sources of that quality is the proximity of production centers to retail outlets in the state. The legislature also finds that labeling which mis- (3) If it consists in whole or in part of any diseased, con- represents poultry produced elsewhere as being a product of this state may taminated, filthy, putrid, or decomposed substance, or if it is lead consumers to purchase products which they would not otherwise pur- otherwise unfit for food; or chase. The legislature further finds that the presence of the geographic outline of this state on a label for poultry produced outside of the state misrep- (4) If it has been produced, prepared, packed, or held resents the product as having been produced in this state." [1989 c 257 § 1.] under insanitary conditions whereby it may have become

69.04.250 Food—Misbranding by false label, etc. contaminated with filth, or whereby it may have been ren- 69.04.250 Food—Misbranding by false label, etc. A dered diseased, unwholesome, or injurious to health; or food shall be deemed to be misbranded (1) if its labeling is (5) If it is in whole or in part the product of a diseased false or misleading in any particular; or (2) if it is offered for animal or of an animal which has died otherwise than by sale under the name of another food; or (3) if it is an imitation 2014 [Title 69 RCW—page 7] 69.04.260 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.04.310 Food—Misbranding by failure to show usual name and ingredients. of another food, unless its label bears, in type of uniform size 69.04.310 Food—Misbranding by failure to show and prominence, the word "imitation" and, immediately usual name and ingredients. If a food is not subject to the thereafter, the name of the food imitated; or (4) if its con- provisions of RCW 69.04.280, it shall be deemed to be mis- tainer is so made, formed or filled as to be misleading. [1945 branded unless its label bears (1) the common or usual name c 257 § 43; Rem. Supp. 1945 § 6163-92. Prior: 1923 c 36 § 2; of the food, if any there be, and (2) in case it is fabricated 1907 c 211 § 4.] from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and col-

69.04.260 Packaged food—Misbranding. orings, other than those sold as such, may be designated as 69.04.260 Packaged food—Misbranding. If a food is spices, flavorings, and colorings without naming each: PRO- in package form, it shall be deemed to be misbranded, unless VIDED, That, to the extent that compliance with the require- it bears a label containing (1) the name and place of business ments of clause (2) of this section is impracticable, or results of the manufacturer, packer, or distributor; and (2) an accu- in deception or unfair competition, exemptions shall be estab- rate statement of the quantity of the contents in terms of lished by regulations promulgated by the director. [1945 c weight, measure, or numerical count: PROVIDED, That 257 § 49; Rem. Supp. 1945 § 6163-98.] under clause (2) of this section reasonable variations shall be

permitted, and exemptions as to small packages shall be 69.04.320 Food—Misbranding by failure to show dietary properties. 69.04.320 established, by regulations promulgated by the director. 69.04.320 Food—Misbranding by failure to show [1945 c 257 § 44; Rem. Supp. 1945 § 6163-93.] dietary properties. If a food purports to be or is represented for special dietary uses, it shall be deemed to be misbranded,

69.04.270 Food—Misbranding by lack of prominent label. unless its label bears such information concerning its vitamin, 69.04.270 Food—Misbranding by lack of prominent mineral and other dietary properties as is necessary in order label. A food shall be deemed to be misbranded if any word, to fully inform purchasers as to its value for such uses, as pro- statement, or other information required by or under authority vided by regulations promulgated by the director, such regu- of this chapter to appear on the label or labeling is not prom- lations to conform insofar as practicable with regulations inently placed thereon with such conspicuousness (as com- under section 403(j) of the federal act. [1945 c 257 § 50; pared with other words, statements, designs, or devices, in Rem. Supp. 1945 § 6163-99.] the labeling) and in such terms as to render it likely to be read

69.04.330 Food—Misbranding by failure to show artificial flavoring, coloring, etc. and understood by the ordinary individual under customary 69.04.330 69.04.330 Food—Misbranding by failure to show conditions of purchase and use. [1945 c 257 § 45; Rem. artificial flavoring, coloring, etc. If a food bears or contains Supp. 1945 § 6163-94.] any artificial flavoring, artificial coloring, or chemical preser- vative, it shall be deemed to be misbranded unless it bears 69.04.280 Food—Misbranding for nonconformity with standard of identity. 69.04.280 Food—Misbranding for nonconformity labeling stating that fact: PROVIDED, That to the extent that with standard of identity. If a food purports to be or is rep- compliance with the requirements of this section is impracti- resented as a food for which a definition and standard of iden- cable, exemptions shall be established by regulations promul- tity has been prescribed by regulations as provided by RCW gated by the director. The provisions of this section and of 69.04.190, it shall be deemed to be misbranded unless (1) it RCW 69.04.280 and 69.04.310, with respect to artificial col- conforms to such definition and standard, and (2) its label oring, shall not apply in the case of butter, cheese, or ice bears the name of the food specified in the definition and cream. [1945 c 257 § 51; Rem. Supp. 1945 § 6163-100.] standard, and, insofar as may be required by such regulations,

69.04.331 Popcorn sold by theaters or commercial food service establishments—Misbranded if the use of butter or ingredients of butter-like flavoring not disclosed. the common names of optional ingredients (other than spices, 69.04.331 Popcorn sold by theaters or commercial flavoring, and coloring) present in such food. [1945 c 257 § food service establishments—Misbranded if the use of 46; Rem. Supp. 1945 § 6163-95.] butter or ingredients of butter-like flavoring not disclosed. (1) If a theater or other commercial food service 69.04.290 Food—Misbranding for nonconformity with standard of quality. 69.04.290 Food—Misbranding for nonconformity establishment prepares and sells popcorn for human con- with standard of quality. If a food purports to be or is rep- sumption, the establishment, at the point of sale, shall dis- resented as a food for which a standard of quality has been close by posting a sign in a conspicuous manner to prospec- prescribed by regulations as provided by RCW 69.04.190, tive consumers a statement as to whether the butter or butter- and its quality falls below such standard, it shall be deemed to like flavoring added to or attributed to the popcorn offered for be misbranded unless its label bears in such manner and form sale is butter or is some other product. If the flavoring is some as such regulations specify, a statement that it falls below other product, the establishment shall also disclose the ingre- such standard. [1945 c 257 § 47; Rem. Supp. 1945 § 6163- dients of the product. 96.] The director of agriculture shall adopt rules prescribing the size and content of the sign upon which the disclosure is 69.04.300 Food—Misbranding for nonconformity with standard Food—Misbranding of fill. for nonconformity to be made. Any popcorn sold by or offered for sale by such with standard of fill. If a food purports to be or is repre- an establishment to a consumer in violation of this section or sented as a food for which a standard or standards of fill of the rules of the director implementing this section shall be container have been prescribed by regulations as provided by deemed to be misbranded for the purposes of this chapter. RCW 69.04.190, and it falls below the standard of fill of con- (2) The provisions of subsection (1) of this section do not tainer applicable thereto, it shall be deemed to be misbranded apply to packaged popcorn labeled so as to disclose ingredi- unless its label bears, in such manner and form as such regu- ents as required by law for prepackaged foods. lations specify, a statement that it falls below such standard. (3) For purposes of this section, "butter" is defined as the [1945 c 257 § 48; Rem. Supp. 1945 § 6163-97.] food product usually known as butter, and which is made [Title 69 RCW—page 8] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.345 exclusively from milk or cream, or both, with or without (d) Maintains food temperature logs or uses a device to common salt, and with or without additional coloring matter, monitor the temperature of the packages in real time for all and containing not less than eighty percent by weight or [of] food while in transport; and milkfat, all tolerance having been allowed for. [2012 c 25 § (e) Submits all appropriate fees to the department. 1; 1986 c 203 § 17.] (2) The department shall develop, by rule, an annual Additional notes found at www.leg.wa.gov license and renewal fee to defray the costs of administering the licensing and inspection program created by this section. 69.04.333 Poultry and poultry products—Label to indicate ifPoultry product frozen. and poultry products—Label to All moneys received by the department under the provisions indicate if product frozen. It shall be unlawful for any per- of this section must be paid into the food processing inspec- son to sell at retail or display for sale at retail any poultry and tion account created in RCW 69.07.120 and must be used poultry products, including turkey, which has been frozen at solely to carry out the provisions of this section. any time, without having the package or container in which (3)(a) A licensed direct seller is required to protect food the same is sold bear a label clearly discernible to a customer from contamination while in transport. Food must be trans- that such product has been frozen and whether or not the ported under conditions that protect food against physical, same has since been thawed. No such poultry or poultry prod- chemical, and microbial contamination, as well as against uct shall be sold unless in such a package or container bearing deterioration of the food and its container. said label. [1969 ex.s. c 194 § 1.] (b) Compliance with this subsection (3) requires, but is not limited to, the separation of raw materials in such a fash-

69.04.334 Turkeys—Label requirement as to grading. ion that they avoid cross-contamination of other food prod- 69.04.334 Turkeys—Label requirement as to grad- ucts, particularly ready-to-eat food. An example of this prin- ing. No person shall advertise for sale, sell, offer for sale or ciple includes ensuring that, during the transport of raw fish hold for sale in intrastate commerce any turkey that does not and seafood, meat, poultry, or other food which inherently bear a label. Such label shall be properly displayed on the contains pathogenic and spoilage microorganisms, soil, or package if such turkey is prepackaged, or attached to the tur- other foreign material, the raw materials may not come into key if not prepackaged. Such label shall, if the turkey has direct contact with other food in the same container or in any been graded, state the name of the governmental agency, other cross-contaminating circumstance. whether federal or state, and the grade. No turkey which has been graded may be labeled as being ungraded. Any adver- (4) In the event of a food recall or when required by the department, a federal, state, or local health authority in tisement in any media concerning the sale of turkeys shall state or set forth whether a turkey is ungraded or graded and response to a foodborne illness outbreak, a licensed direct the specific grade if graded. [1969 ex.s. c 194 § 2.] seller shall use its client listserv to notify customers of the recall and any other relevant information.

69.04.335 RCW 69.04.333 and 69.04.334 subject to enforcement and penalty provisions of chapter. (5) In the implementation of this section, the department 69.04.335 RCW 69.04.333 and 69.04.334 subject to shall: enforcement and penalty provisions of chapter. The pro- (a) Conduct inspections of vehicles, food handling areas, visions of this chapter shall be applicable to the enforcement refrigeration equipment, and product packaging used by a of RCW 69.04.333 and 69.04.334 and any person violating licensed direct seller; the provisions of RCW 69.04.333 and 69.04.334 shall be sub- (b) Conduct audits of temperature logs and other food ject to the applicable civil and criminal penalties for such vio- handling records as appropriate; lations as provided for in this chapter. [1969 ex.s. c 194 § 3.] (c) Investigate any complaints against a licensed direct seller for the failure to maintain food safety; and 69.04.340 Natural vitamin, mineral, or dietary properties need not be shown. 69.04.340 Natural vitamin, mineral, or dietary prop- (d) Adopt rules, in consultation with the department of erties need not be shown. Nothing in this chapter shall be health and local health jurisdictions, necessary to administer construed to require the labeling or advertising to indicate the and enforce the program consistent with federal regulations. natural vitamin, natural mineral, or other natural dietary (6) Direct sellers that have a license from the department properties of dairy products or other agricultural products under this section are exempt from the permitting require- when sold as food. [1945 c 257 § 52; Rem. Supp. 1945 § ments of food service rules adopted by the state board of 6163-101.] health and any local health jurisdiction. (7) The director may deny, suspend, or revoke any 69.04.345 Direct seller license. 69.04.345 Direct seller license. (1) The department license provided under this section if the director determines shall issue a license to operate as a direct seller to any entity that an applicant or licensee has committed any of the follow- that: ing: (a) Submits a completed application on forms approved (a) Refused, neglected, or failed to comply with the pro- by the department; visions of this section, the rules and regulations adopted (b) Provides the department with a list of all leased, under this section, or any order of the director; rented, or owned vehicles, other than vehicles that are rented (b) Refused, neglected, or failed to keep and maintain for less than forty-five days, used by the applicant's business records required by this chapter, or refused the department to deliver food; access to such records; (c) Maintains all records of vehicles that are rented for (c) Refused the department access to any portion or area less than forty-five days for at least twelve months following of vehicles, food handling areas, or any other areas or facili- the termination of the rental period; ties housing equipment or product packaging used by the 2014 [Title 69 RCW—page 9] 69.04.350 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons direct retailer [direct seller] in the course of performing busi- conditions of the permit have been violated. The holder of a ness responsibilities; or permit so suspended shall be privileged at any time to apply (d) Failed to submit an application for a license meeting for the reinstatement of such permit, and the director shall, the requirements of this section or failed to pay the appropri- immediately after prompt hearing and an inspection of the ate annual license or renewal fee. factory or establishment, reinstate such permit, if it is found (8) The definitions in this subsection apply throughout that adequate measures have been taken to comply with and this section unless the context clearly requires otherwise. maintain the conditions of the permit, as originally issued or (a) "Department" means the department of agriculture. as amended. [1945 c 257 § 54; Rem. Supp. 1945 § 6163- (b) "Direct seller" means an entity that receives prepack- 103.] aged food from a food processor that is either licensed or *Reviser's note: The language "this section" appears in 1945 c 257 § 54 inspected, or both, by a state or federal regulatory agency or but apparently refers to 1945 c 257 § 53 codified as RCW 69.04.350.

the department and that delivers the food directly to consum- 69.04.370 Right of access for inspection. 69.04.370 ers who only placed and paid for an order on the entity's web 69.04.370 Right of access for inspection. Any officer site, as long as: or employee duly designated by the director shall have access (i) The food is delivered by the entity without opening to any factory or establishment, the operator of which holds a the packaging and without dividing it into smaller packages; permit from the director, for the purpose of ascertaining (ii) There is no interim storage by the entity; and whether or not the conditions of the permit are being com- (iii) The food is delivered by means of vehicles that are plied with, and denial of access for such inspection shall be equipped with either refrigeration or freezer units, or both, ground for suspension of the permit until such access is freely and that meet the requirements of rules authorized by this given by the operator. [1945 c 257 § 55; Rem. Supp. 1945 § chapter. [2014 c 98 § 2.] 6163-104.]

Findings—Intent—2014 c 98: "The legislature finds that the availabil- 69.04.380 Food exempt if in transit for completion purposes. 69.04.380 ity of affordable, fresh, and nourishing foods is essential for individuals to 69.04.380 Food exempt if in transit for completion maintain a healthy lifestyle. The legislature also finds that new methods of purposes. Food which is, in accordance with the practice of purchasing and delivering fresh, nourishing foods are emerging and lowering the trade, to be processed, labeled, or repacked in substantial the costs of these foods. The legislature further finds that some of the new quantities at an establishment other than the establishment business models for purchasing and delivering fresh, nourishing foods are being inappropriately classified as food service establishments. Therefore, it where it was originally processed or packed, is exempted is the intent of the legislature to establish a direct seller license for businesses from the affirmative labeling requirements of this chapter, that sell and collect payment only through a web site for prepackaged foods while it is in transit in intrastate commerce from the one obtained from a food processor either licensed or inspected, or both, by a establishment to the other, if such transit is made in good state or federal regulatory agency and that deliver the food directly to consumers without any interim storage." [2014 c 98 § 1.] faith for such completion purposes only; but it is otherwise subject to all the applicable provisions of this chapter. [1945

69.04.350 Permits to manufacture or process certain foods. 69.04.350 Permits to manufacture or process certain c 257 § 56; Rem. Supp. 1945 § 6163-105.] foods. Whenever the director finds after investigation that 69.04.390 Regulations permitting tolerance of harmful matter. the distribution in intrastate commerce of any class of food 69.04.390 Regulations permitting tolerance of harm- may, by reason of contamination with micro-organisms dur- ful matter. Any poisonous or deleterious substance added to ing the manufacture, processing, or packing thereof in any any food, except where such substance is required in the pro- locality, be injurious to health, and that such injurious nature duction thereof or cannot be avoided by good manufacturing cannot be adequately determined after such articles have practice, shall be deemed unsafe for purposes of the applica- entered intrastate commerce, he or she then, and in such case tion of RCW 69.04.210(2)(a); but when such substance is so only, shall promulgate regulations providing for the issuance, required or cannot be so avoided, the director shall promul- to manufacturers, processors, or packers of such class of food gate regulations limiting the quantity therein or thereon to in such locality, of permits to which shall be attached such such extent as he or she finds necessary for the protection of conditions governing the manufacture, processing, or pack- public health, and any quantity exceeding the limits so fixed ing of such class of food, for such temporary period of time, shall also be deemed unsafe for purposes of the application of as may be necessary to protect the public health; and after the RCW 69.04.210(2)(a). While such a regulation is in effect effective date of such regulations, and during such temporary limiting the quantity of any such substance in the case of any period, no person shall introduce or deliver for introduction food, such food shall not, by reason of bearing or containing into intrastate commerce, any such food manufactured, pro- any added amount of such substance, be considered to be cessed, or packed by any such manufacturer, processor, or adulterated within the meaning of RCW 69.04.210(1). In packer unless such manufacturer, processor, or packer holds determining the quantity of such added substance to be toler- a permit issued by the director as provided by such regula- ated in or on different articles of food, the director shall take tions. Insofar as practicable, such regulations shall conform into account the extent to which the use of such substance is with, shall specify the conditions prescribed by, and shall required or cannot be avoided in the production of each such remain in effect only so long as those promulgated under sec- article, and the other ways in which the consumer may be tion 404(a) of the federal act. [2012 c 117 § 335; 1945 c 257 affected by the same or other poisonous or deleterious sub- § 53; Rem. Supp. 1945 § 6163-102.] stances. [2012 c 117 § 336; 1963 c 198 § 2; 1945 c 257 § 57; Rem. Supp. 1945 § 6163-106.]

69.04.360 Suspension of permit. 69.04.360 Suspension of permit. The director is autho- 69.04.392 Regulations permitting tolerance of harmful matter—Pesticide chemicals in or on raw agricultural commodities. rized to suspend immediately upon notice any permit issued 69.04.392 Regulations permitting tolerance of harm- under authority of *this section, if it is found that any of the ful matter—Pesticide chemicals in or on raw agricultural [Title 69 RCW—page 10] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.394

69.04.394 Regulations permitting tolerance of harmful matter—Food additives. commodities. (1) Any poisonous or deleterious pesticide 69.04.394 Regulations permitting tolerance of harm- chemical, or any pesticide chemical which generally is recog- ful matter—Food additives. (1) A food additive shall, with nized among experts qualified by scientific training and respect to any particular use or intended use of such addi- experience to evaluate the safety of pesticide chemicals as tives, be deemed unsafe for the purpose of the application of unsafe for use, added to a raw agricultural commodity, shall clause (2)(c) of RCW 69.04.210, unless: be deemed unsafe for the purpose of the application of RCW (a) It and its use or intended use conform to the terms of 69.04.210(2)(a) unless: an exemption granted, pursuant to a regulation under subsec- (a) A tolerance for such pesticide chemical in or on the tion (2) hereof providing for the exemption from the require- raw agricultural commodity has been prescribed pursuant to ments of this section for any food additive, and any food subsection (2) of this section and the quantity of such pesti- bearing or containing such additive, intended solely for cide chemical in or on the raw agricultural commodity is investigational use by qualified experts when in the director's within the limits of the tolerance so prescribed; or opinion such exemption is consistent with the public health; or (b) With respect to use in or on such raw agricultural (b) There is in effect, and it and its use or intended use commodity, the pesticide chemical has been exempted from are in conformity with a regulation issued or effective under the requirement of a tolerance pursuant to subsection (2) of subsection (2) hereof prescribing the conditions under which this section. such additive may be safely used. While a tolerance or exemption from tolerance is in While such a regulation relating to a food additive is in effect for a pesticide chemical with respect to any raw agri- effect, a food shall not, by reason of bearing or containing cultural commodity, such raw agricultural commodity shall such an additive in accordance with the regulation, be consid- not, by reason of bearing or containing any added amount of ered adulterated within the meaning of clause (1) of RCW such pesticide chemical, be considered to be adulterated 69.04.210. within the meaning of RCW 69.04.210(1). (2) The regulations promulgated under section 409 of the (2) The regulations promulgated under section 408 of the Federal Food, Drug and Cosmetic Act, as of July 1, 1975, federal food, drug and cosmetic act, as of July 1, 1975, setting prescribing the conditions under which such food additive forth the tolerances for pesticide chemicals in or on any raw may be safely used, are hereby adopted as the regulations agricultural commodity, are hereby adopted as the regula- applicable to this chapter: PROVIDED, That the director is tions for tolerances applicable to this chapter: PROVIDED, hereby authorized to adopt by regulation any new or future That the director is hereby authorized to adopt by regulation amendments to the federal regulations. The director is also any new or future amendments to such federal regulations for authorized to issue regulations in the absence of federal regu- tolerances, including exemption from tolerance and zero tol- lations and to prescribe the conditions under which a food erances, to the extent necessary to protect the public health. additive may be safely used and exemptions where such food The director is also authorized to issue regulations in the additive is to be used solely for investigational purposes; absence of federal regulations and to prescribe therein toler- either upon his or her own motion or upon the petition of any ances for pesticides, exemptions, and zero tolerances, upon interested party requesting that such a regulation be estab- his or her own motion or upon the petition of any interested lished. It shall be incumbent upon such petitioner to establish, party requesting that such a regulation be established. It shall by data submitted to the director, that a necessity exists for be incumbent upon such petitioner to establish, by data sub- such regulation and that the effect of such a regulation will mitted to the director, that a necessity exists for such regula- not be detrimental to the public health. If the data furnished tion and that the effect of such regulation will not be detri- by the petitioner is not sufficient to allow the director to mental to the public health. If the data furnished by the peti- determine whether such a regulation should be promulgated, tioner is not sufficient to allow the director to determine the director may require additional data to be submitted and whether such a regulation should be promulgated, the direc- failure to comply with this request shall be sufficient grounds tor may require additional data to be submitted and failure to to deny the request of the petitioner for the issuance of such a comply with this request shall be sufficient grounds to deny regulation. the request of the petitioner for the issuance of such regula- (3) In adopting any new or amended regulations pursuant tion. to this section, the director shall give appropriate consider- (3) In adopting any new or amended tolerances by regu- ation, among other relevant factors, to the following: (a) The lation issued pursuant to this section, the director shall give purpose of this chapter being to promote uniformity of state appropriate consideration, among other relevant factors, to legislation with the federal act; (b) the probable consumption the following: (a) The purpose of this chapter being to proof the additive and of any substance formed in or on food mote uniformity of state legislation with the federal act; (b) because of the use of the additive; (c) the cumulative effect of the necessity for the production of an adequate, wholesome, such additive in the diet of human beings or animals, taking and economical food supply; (c) the other ways in which the into account any chemically or pharmacologically related consumer may be affected by the same pesticide chemical or substance or substances in such diet; and (d) safety factors by other related substances that are poisonous or deleterious; which in the opinion of experts qualified by scientific train- and (d) the opinion of experts qualified by scientific training ing and experience to evaluate the safety of food additives are and experience to determine the proper tolerance to be generally recognized as appropriate for the use of animal allowed for any pesticide chemical. [2012 c 117 § 337; 1975 experimentation data. [2009 c 549 § 1021; 1975 1st ex.s. c 7 1st ex.s. c 7 § 26; 1963 c 198 § 3.] § 27; 1963 c 198 § 4.] Purpose of section: See RCW 69.04.398. Purpose of section: See RCW 69.04.398. 2014 [Title 69 RCW—page 11] 69.04.396 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.04.396 Regulations permitting tolerance of harmful matter—Color additives. 69.04.396 Regulations permitting tolerance of harm- of food, and (iii) any substance formed in or on such article ful matter—Color additives. (1) A color additive shall, because of the use of such additive; and (f) the conformity by with respect to any particular use (for which it is being used the manufacturer with the established standards in the indus- or intended to be used or is represented as suitable) in or on try relating to the proper formation of such color additive so food, be deemed unsafe for the purpose of the application of as to result in a finished product safe for use as a color addi- RCW 69.04.231, unless: tive. [2009 c 549 § 1022; 1975 1st ex.s. c 7 § 28; 1963 c 198 (a) There is in effect, and such color additive and such § 6.] use are in conformity with, a regulation issued under this sec- Purpose of section: See RCW 69.04.398. tion listing such additive for such use, including any provi- Food—Adulteration by color additive: RCW 69.04.231. sion of such regulation prescribing the conditions under

69.04.398 Purpose of RCW 69.04.110, 69.04.392, 69.04.394, 69.04.396—Uniformity with federal laws and regulations—Application to production of kosher food products—Adoption of rules. which such additive may be safely used; 69.04.398 Purpose of RCW 69.04.110, 69.04.392, (b) Such additive and such use thereof conform to the 69.04.394, 69.04.396—Uniformity with federal laws and terms of an exemption for experimental use which is in effect regulations—Application to production of kosher food pursuant to regulation under this section. products—Adoption of rules. (1) The purpose of RCW While there are in effect regulations under this section 69.04.110, 69.04.392, 69.04.394, and 69.04.396 is to pro- relating to a color additive or an exemption with respect to mote uniformity of state legislation and rules with the Federal such additive a food shall not, by reason of bearing or con- Food, Drug and Cosmetic Act 21 USC 301 et seq. and regu- taining such additive in all respects in accordance with such lations adopted thereunder. In accord with such declared pur- regulations or such exemption, be considered adulterated pose any regulation adopted under said federal food, drug and within the meaning of clause (1) of RCW 69.04.210. cosmetic act concerning food in effect on July 1, 1975, and (2) The regulations promulgated under section 706 of the not adopted under any other specific provision of RCW Federal Food, Drug and Cosmetic Act, as of July 1, 1975, 69.04.110, 69.04.392, 69.04.394, and 69.04.396 are hereby prescribing the use or limited use of such color additive, are deemed to have been adopted under the provision hereof. hereby adopted as the regulations applicable to this chapter: Further, to promote such uniformity any regulation adopted PROVIDED, That the director is hereby authorized to adopt hereafter under the provisions of the federal food, drug and by regulation any new or future amendments to the federal cosmetic act concerning food and published in the federal regulations. The director is also authorized to issue regula- register shall be deemed to have been adopted under the pro- tions in the absence of federal regulations and to prescribe visions of RCW 69.04.110, 69.04.392, 69.04.394, and therein the conditions under which a color additive may be 69.04.396 in accord with chapter 34.05 RCW as enacted or safely used including exemptions for experimental purposes. hereafter amended. The director may, however, within thirty Such a regulation may be issued either upon the director's days of the publication of the adoption of any such regulation own motion or upon the petition of any interested party under the federal food, drug and cosmetic act give public requesting that such a regulation be established. It shall be notice that a hearing will be held to determine if such regula- incumbent upon such petitioner to establish, by data submit- tion shall not be applicable under the provisions of RCW ted to the director, that a necessity exists for such regulation 69.04.110, 69.04.392, 69.04.394, and 69.04.396. Such hear- and that the effect of such a regulation will not be detrimental ing shall be in accord with the requirements of chapter 34.05 to the public health. If the data furnished by the petitioner is RCW as enacted or hereafter amended. not sufficient to allow the director to determine whether such (2) The provisions of subsection (1) of this section do not a regulation should be promulgated, the director may require apply to rules adopted by the director as necessary to permit additional data to be submitted and failure to comply with the production of kosher food products as defined in RCW this request shall be sufficient grounds to deny the request of 69.90.010. the petitioner for the issuance of such a regulation. (3) Notwithstanding the provisions of subsections (1) (3) In adopting any new or amended regulations pursuant and (2) of this section the director may adopt rules necessary to this section, the director shall give appropriate consider- to carry out the provisions of this chapter. [1991 c 162 § 5; ation, among other relevant factors, to the following: (a) The 1986 c 203 § 18; 1975 1st ex.s. c 7 § 36.] purpose of this chapter being to promote uniformity of state Additional notes found at www.leg.wa.gov legislation with the federal act; (b) the probable consumption

69.04.400 Conformance with federal regulations. of, or other relevant exposure from, the additive and of any 69.04.400 Conformance with federal regulations. substance formed in or on food because of the use of the addi- The regulations promulgated under RCW 69.04.390 shall tive; (c) the cumulative effect, if any, of such additive in the conform, insofar as practicable, with those promulgated diet of human beings or animals, taking into account the same under section 406 of the federal act. [1963 c 198 § 7; 1945 c or any chemically or pharmacologically related substance or 257 § 58; Rem. Supp. 1945 § 6163-107.] substances in such diet; (d) safety factors which, in the opin-

69.04.410 Drugs—Adulteration by harmful substances. ion of experts qualified by scientific training and experience 69.04.410 Drugs—Adulteration by harmful sub- to evaluate the safety of color additives for the use or uses for stances. A drug or device shall be deemed to be adulterated which the additive is proposed to be listed, are generally rec- (1) if it consists in whole or in part of any filthy, putrid, or ognized as appropriate for the use of animal experimentation decomposed substance; or (2) if it has been produced, pre- data; (e) the availability of any needed practicable methods of pared, packed, or held under insanitary conditions whereby it analysis for determining the identity and quantity of (i) the may have been contaminated with filth, or whereby it may pure dye and all intermediates and other impurities contained have been rendered injurious to health; or (3) if it is a drug in such color additives, (ii) such additive in or on any article and its container is composed in whole or in part of any poi- [Title 69 RCW—page 12] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.500 sonous or deleterious substance which may render the con- ages shall be established, by regulations promulgated by the tents injurious to health; or (4) if it is a drug and it bears or director. [1945 c 257 § 64; Rem. Supp. 1945 § 6163-113. contains, for purposes of coloring only, a coal tar color other Prior: 1923 c 36 § 2; 1907 c 211 § 4.] than one that is harmless and suitable for use in drugs for such

69.04.470 Drugs—Misbranding by lack of prominent label. purposes, as provided by regulations promulgated under sec- 69.04.470 Drugs—Misbranding by lack of prominent tion 504 of the federal act. [1945 c 257 § 59; Rem. Supp. label. A drug or device shall be deemed to be misbranded if 1945 § 6163-108. Prior: 1923 c 36 § 1; 1907 c 211 § 3; 1901 any word, statement, or other information required by or c 94 § 3.] under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuous- 69.04.420 Drugs—Adulteration for failure to comply with compendium standard. 69.04.420 Drugs—Adulteration for failure to comply ness (as compared with other words, statements, designs, or with compendium standard. If a drug or device purports to devices, in the labeling) and in such terms as to render it be or is represented as a drug the name of which is recognized likely to be read and understood by the ordinary individual in an official compendium, and its strength differs from, or its under customary conditions of purchase and use. [1945 c 257 quality or purity falls below, the standard set forth in such § 65; Rem. Supp. 1945 § 6163-114. Prior: 1923 c 36 § 2; compendium, it shall be deemed to be adulterated. Such 1907 c 211 § 4.] determination as to strength, quality or purity shall be made

69.04.480 Drugs—Misbranding for failure to state content of habit forming drug. in accordance with the tests or methods of assay set forth in 69.04.480 Drugs—Misbranding for failure to state such compendium or prescribed by regulations promulgated content of habit forming drug. A drug or device shall be under section 501(b) of the federal act. No drug defined in an deemed to be misbranded if it is for use by human beings and official compendium shall be deemed to be adulterated under contains any quantity of the narcotic or hypnotic substance this section because it differs from the standard of strength, alpha eucaine, barbituric acid, beta eucaine, bromal, canna- quality, or purity therefor set forth in such compendium, if its bis, carbromal, chloral, coca, cocaine, codeine, heroin, mari- difference in strength, quality, or purity from such standard is juana, morphine, opium, paraldehyde, peyote, or sulpho- plainly stated on its label. Whenever a drug is recognized in methane; or any chemical derivative of such substance, both the United States pharmacopoeia and the homeopathic which derivative has been designated as habit forming by pharmacopoeia of the United States, it shall be subject to the regulations promulgated under section 502(d) of the federal requirements of the United States pharmacopoeia unless it is act; unless its label bears the name and quantity or proportion labeled and offered for sale as a homeopathic drug, in which of such substance or derivative and in juxtaposition therewith case it shall be subject to the provisions of the homeopathic the statement "Warning—May be habit forming." [2009 c pharmacopoeia of the United States and not to those of the 549 § 1023; 1945 c 257 § 66; Rem. Supp. 1945 § 6163-115. United States pharmacopoeia. [1945 c 257 § 60; Rem. Supp. Prior: 1923 c 36 § 2; 1907 c 211 § 4.] 1945 § 6163-109.]

69.04.490 Drugs—Misbranding by failure to show usual name and ingredients. 69.04.490 Drugs—Misbranding by failure to show 69.04.430 Drugs—Adulteration for lack of represented purity or quality. 69.04.430 Drugs—Adulteration for lack of repre- usual name and ingredients. If a drug is not designated sented purity or quality. If a drug or device is not subject to solely by a name recognized in an official compendium it the provisions of RCW 69.04.420 and its strength differs shall be deemed to be misbranded unless its label bears (1) from, or its purity or quality falls below, that which it pur- the common or usual name of the drug, if such there be; and ports or is represented to possess, it shall be deemed to be (2), in case it is fabricated from two or more ingredients, the adulterated. [1945 c 257 § 61; Rem. Supp. 1945 § 6163-110.] common or usual name of each active ingredient, including the quantity, kind, and proportion of any alcohol, and also 69.04.440 Drugs—Adulteration by admixture or substitution of ingredients. 69.04.440 Drugs—Adulteration by admixture or including, whether active or not, the name and quantity or substitution of ingredients. A drug shall be deemed to be proportion of any bromides, ether, chloroform, acetanilid, adulterated if any substance has been (1) mixed or packed acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, therewith so as to reduce its quality or strength or (2) substi- hyoscyamime, arsenic, digitalis, glucosides, mercury, oua- tuted wholly or in part therefor. [1945 c 257 § 62; Rem. bain, strophanthin, strychnine, thyroid, or any derivative or Supp. 1945 § 6163-111.] preparation of any such substances, contained therein: PRO- VIDED, That to the extent that compliance with the require- 69.04.450 Drugs—Misbranding by false labeling. 69.04.450 Drugs—Misbranding by false labeling. A ments of clause (2) of this section is impracticable, exemp- drug or device shall be deemed to be misbranded if its label- tions shall be established by regulations promulgated by the ing is false or misleading in any particular. [1945 c 257 § 63; director. [1945 c 257 § 67; Rem. Supp. 1945 § 6163-116. Rem. Supp. 1945 § 6163-112. Prior: 1923 c 36 § 2; 1907 c Prior: 1923 c 36 § 2; 1907 c 211 § 4.] 211 § 4.]

69.04.500 Drugs—Misbranding by failure to give directions for use and warnings. 69.04.500 Drugs—Misbranding by failure to give 69.04.460 Packaged drugs—Misbranding. 69.04.460 Packaged drugs—Misbranding. If a drug directions for use and warnings. A drug or device shall be or device is in package form, it shall be deemed to be mis- deemed to be misbranded unless its labeling bears (1) ade- branded unless it bears a label containing (1) the name and quate directions for use; and (2) such adequate warnings place of business of the manufacturer, packer, or distributor; against use in those pathological conditions or by children and (2) an accurate statement of the quantity of the contents where its use may be dangerous to health, or against unsafe in terms of weight, measure, or numerical count: PRO- dosage or methods or duration of administration or applica- VIDED, That under clause (2) of this section reasonable vari- tion, in such manner and form, as are necessary for the pro- ations shall be permitted, and exemptions as to small pack- tection of users: PROVIDED, That where any requirement of 2014 [Title 69 RCW—page 13] 69.04.510 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons clause (1) of this section as applied to any drug or device, is practice of the trade, to be processed, labeled, or repacked in not necessary for the protection of the public health, the substantial quantities at an establishment other than the estab- director shall promulgate regulations exempting such drug or lishment where it was originally processed or packed, is device from such requirements. Such regulations shall exempted from the affirmative labeling and packaging include the exemptions prescribed under section 502(f)(1) of requirements of this chapter, while it is in transit in intrastate the federal act, insofar as such exemptions are applicable commerce from the one establishment to the other, if such hereunder. [1945 c 257 § 68; Rem. Supp. 1945 § 6163-117. transit is made in good faith for such completion purposes Prior: 1923 c 36 § 2; 1907 c 211 § 4.] only; but it is otherwise subject to all the applicable provisions of this chapter. [1945 c 257 § 73; Rem. Supp. 1945 §

69.04.510 Drugs—Misbranding for improper packaging and labeling. 69.04.510 Drugs—Misbranding for improper pack- 6163-122.] aging and labeling. A drug or device shall be deemed to be misbranded if it purports to be a drug the name of which is 69.04.560 Dispensing of certain drugs exempt. Dispensing of certain drugs exempt. A recognized in an official compendium, unless it is packaged drug dispensed on a written prescription signed by a physi- and labeled as prescribed therein: PROVIDED, That the cian, dentist, or veterinarian (except a drug dispensed in the method of packing may be modified with the consent of the course of the conduct of a business of dispensing drugs pur- director, as permitted under section 502(g) of the federal act. suant to diagnosis by mail) shall, if (1) such physician, den- Whenever a drug is recognized in both the United States tist, or veterinarian is licensed by law to administer such pharmacopoeia and the homeopathic pharmacopoeia of the drug, and (2) such drug bears a label containing the name and United States, it shall be subject to the requirements of the place of business of the dispenser, the serial number and date United States pharmacopoeia with respect to packaging and of such prescription, and the name of such physician, dentist, labeling unless it is labeled and offered for sale as a homeo- or veterinarian, be exempt from the requirements of RCW pathic drug, in which case it shall be subject to the provisions 69.04.450 through 69.04.540. [1945 c 257 § 74; Rem. Supp. of the homeopathic pharmacopoeia of the United States, and 1945 § 6163-123.] not to those of the United States pharmacopoeia. [1945 c 257

§ 69; Rem. Supp. 1945 § 6163-118. Prior: 1923 c 36 § 2; 69.04.565 DMSO (dimethyl sulfoxide) authorized. 1907 c 211 § 4.] 69.04.565 DMSO (dimethyl sulfoxide) authorized. Notwithstanding any other provision of state law, DMSO

69.04.520 Drugs—Misbranding for failure to show possibility of deterioration. 69.04.520 Drugs—Misbranding for failure to show (dimethyl sulfoxide) may be introduced into intrastate com- possibility of deterioration. If a drug or device has been merce as long as (1) it is manufactured or distributed by per- found by the secretary of agriculture of the United States to sons licensed pursuant to chapter 18.64 RCW or chapter be a drug liable to deterioration, it shall be deemed to be mis- 18.92 RCW, and (2) it is used, or intended to be used, in the branded unless it is packaged in such form and manner, and treatment of human beings or animals for any ailment or its label bears a statement of such precautions, as required in adverse condition: PROVIDED, That DMSO intended for an official compendium or by regulations promulgated under topical application, consistent with rules governing purity section 502(h) of the federal act for the protection of the pub- and labeling promulgated by the pharmacy quality assurance lic health. [1945 c 257 § 70; Rem. Supp. 1945 § 6163-119. commission, shall not be considered a legend drug and may Prior: 1923 c 36 § 2; 1907 c 211 § 4.] be sold by any retailer. [2013 c 19 § 50; 1981 c 50 § 1.] DMSO use by health facilities, physicians: RCW 70.54.190.

69.04.530 Drugs—Misbranding by misleading representation. 69.04.530 Drugs—Misbranding by misleading representation. A drug shall be deemed to be misbranded if (1) its 69.04.570 Introduction of new drug. Introduction of new drug. No person shall container is so made, formed, or filled as to be misleading; or introduce or deliver for introduction into intrastate commerce (2) if it is an imitation of another drug; or (3) if it is offered any new drug which is subject to section 505 of the federal for sale under the name of another drug; or (4) if it is danger- act unless an application with respect to such drug has ous to health when used in the dosage, or with the frequency become effective thereunder. No person shall introduce or or duration prescribed, recommended, or suggested in the deliver for introduction into intrastate commerce any new labeling thereof. [1945 c 257 § 71; Rem. Supp. 1945 § 6163- drug which is not subject to section 505 of the federal act, 120. Prior: 1923 c 36 § 2; 1907 c 211 § 4.] unless (1) it has been found, by appropriate tests, that such drug is not unsafe for use under the conditions prescribed, 69.04.540 Drugs—Misbranding by sale without prescription of drug requiring it. 69.04.540 Drugs—Misbranding by sale without pre- recommended, or suggested in the labeling thereof; and (2) scription of drug requiring it. A drug or device shall be an application has been filed under this section of this chapter deemed to be misbranded if it is a drug which by label pro- with respect to such drug: PROVIDED, That the requirement vides, or which the federal act or any applicable law requires of subsection (2) of this section shall not apply to any drug by label to provide, in effect, that it shall be used only upon introduced into intrastate commerce at any time prior to the the prescription of a physician, dentist, or veterinarian, unless enactment of this chapter or introduced into interstate com- it is dispensed at retail on a written prescription signed by a merce at any time prior to the enactment of the federal act: physician, dentist, or veterinarian, who is licensed by law to PROVIDED FURTHER, That if the director finds that the administer such a drug. [1945 c 257 § 72; Rem. Supp. 1945 requirement of subsection (2) of this section as applied to any § 6163-121. Prior: 1923 c 36 § 2; 1907 c 211 § 4.] drug or class of drugs, is not necessary for the protection of the public health, he or she shall promulgate regulations of 69.04.550 Drugs exempt if in transit for completion purposes. 69.04.550 Drugs exempt if in transit for completion exemption accordingly. [2012 c 117 § 338; 1945 c 257 § 75; purposes. A drug or device which is, in accordance with the Rem. Supp. 1945 § 6163-124.] [Title 69 RCW—page 14] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.680

69.04.580 Application for introduction. 69.04.580 Application for introduction. An applica- 69.04.600, upon petition seasonably made by the person to tion under RCW 69.04.570 shall be filed with the director, whom the order is addressed and after prompt hearing upon and subject to any waiver by the director, shall include (1) due notice to both parties. [1945 c 257 § 82; Rem. Supp. full reports of investigations which have been made to show 1945 § 6163-131.] whether or not the drug, subject to the application, is safe for

69.04.650 Dispensing of certain drugs exempt. use under the conditions prescribed, recommended, or sug- 69.04.650 Dispensing of certain drugs exempt. A gested in the labeling thereof; (2) a full list of the articles used drug dispensed on a written prescription signed by a physi- as components of such drug; (3) a full statement of the com- cian, dentist, or veterinarian (except a drug dispensed in the position of such drug; (4) a full description of the methods course of the conduct of a business of dispensing drugs pur- used in, and the facilities and controls used for, the manufac- suant to diagnosis by mail) shall, if (1) such physician, den- ture, processing, and packing of such drug; (5) such samples tist, or veterinarian is licensed by law to administer such of such drug and of the articles used as components thereof as drug, and (2) such drug bears a label containing the name and the director may require; and (6) specimens of the labeling place of business of the dispenser, the serial number and date proposed to be used for such drug. [1945 c 257 § 76; Rem. of such prescription, and the name of such physician, dentist, Supp. 1945 § 6163-125.] or veterinarian, be exempt from the operation of RCW 69.04.570 through 69.04.640. [1945 c 257 § 83; Rem. Supp. 69.04.590 Effective date of application. 69.04.590 Effective date of application. An applica- 1945 § 6163-132.] tion filed under RCW 69.04.570 shall become effective on

69.04.660 Federally licensed drugs exempt. the sixtieth day after the filing thereof, unless the director (1) 69.04.660 Federally licensed drugs exempt. The pro- makes such application effective prior to such day; or (2) visions of RCW 69.04.570 shall not apply to any drug which issues an order with respect to such application pursuant to is licensed under the federal virus, serum, and toxin act of RCW 69.04.600. [1945 c 257 § 77; Rem. Supp. 1945 § 6163- July 1, 1902; or under the federal virus, serums, toxins, anti- 126.] toxins, and analogous products act of March 4, 1913. [1945 c 257 § 84; Rem. Supp. 1945 § 6163-133.] 69.04.600 Denial of application. 69.04.600 Denial of application. If the director finds,

69.04.670 Cosmetics—Adulteration by injurious substances. upon the basis of the information before him or her and after 69.04.670 Cosmetics—Adulteration by injurious due notice and opportunity for hearing to the applicant, that substances. A cosmetic shall be deemed to be adulterated the drug, subject to the application, is not safe for use under (1) if it bears or contains any poisonous or deleterious sub- the conditions prescribed, recommended, or suggested in the stance which may render it injurious to users under the condi- labeling thereof, he or she shall, prior to such effective date, tions of use prescribed in the labeling thereof, or under such issue an order refusing to permit such application to become conditions of use as are customary or usual: PROVIDED, effective and stating the findings upon which it is based. That this provision shall not apply to coal tar hair dye, the [2012 c 117 § 339; 1945 c 257 § 78; Rem. Supp. 1945 § label of which bears the following legend conspicuously dis- 6163-127.] played thereon: "Caution—This product contains ingredients which may cause skin irritation on certain individuals and a 69.04.610 Revocation of denial. 69.04.610 Revocation of denial. An order refusing to preliminary test according to accompanying direction should permit an application under RCW 69.04.570 to become first be made. This product must not be used for dyeing the effective may be suspended or revoked by the director, for eyelashes or eyebrows; to do so may cause blindness.", and cause and by order stating the findings upon which it is based. the labeling of which bears adequate directions for such pre- [1945 c 257 § 79; Rem. Supp. 1945 § 6163-128.] liminary testing. For the purposes of this paragraph and paragraph (5) the term "hair dye" shall not include eyelash dyes or 69.04.620 Service of order of denial. 69.04.620 Service of order of denial. Orders of the eyebrow dyes; or (2) if it consists in whole or in part of any director issued under RCW 69.04.600 shall be served (1) in filthy, putrid, or decomposed substance; or (3) if it has been person by a duly authorized representative of the director or produced, prepared, packed, or held under insanitary condi- (2) by mailing the order by registered mail addressed to the tions whereby it may have become contaminated with filth, applicant or respondent at his or her address last known to the or whereby it may have been rendered injurious to health; or director. [2012 c 117 § 340; 1945 c 257 § 80; Rem. Supp. (4) if its container is composed in whole or in part of any poi- 1945 § 6163-129.] sonous or deleterious substance which may render the contents injurious to health; or (5) if it is not a hair dye and it 69.04.630 Drug for investigational use exempt. 69.04.630 Drug for investigational use exempt. A bears or contains a coal tar color other than one that is harm- drug shall be exempt from the operation of RCW 69.04.570 less and suitable for use in cosmetics, as provided by regula- which is intended, and introduced or delivered for introduc- tions promulgated under section 604 of the federal act. [1945 tion into intrastate commerce, solely for investigational use c 257 § 85; Rem. Supp. 1945 § 6163-134.] by experts qualified by scientific training and experience to

69.04.680 Cosmetics—Misbranding by false label, etc. investigate the safety of drugs and which is plainly labeled 69.04.680 Cosmetics—Misbranding by false label, "For investigational use only." [1945 c 257 § 81; Rem. Supp. etc. A cosmetic shall be deemed to be misbranded (1) if its 1945 § 6163-130.] labeling is false or misleading in any particular; or (2) if in package form, unless it bears a label containing (a) the name 69.04.640 Court review of denial. 69.04.640 Court review of denial. The superior court and place of business of the manufacturer, packer, or distrib- of Thurston county shall have jurisdiction to review and to utor; and (b) an accurate statement of the quantity of the con- affirm, modify, or set aside any order issued under RCW tents in terms of weight, measure, or numerical count: PRO- 2014 [Title 69 RCW—page 15] 69.04.690 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

VIDED, That under clause (b) of this section reasonable vari- the interest of public health: PROVIDED FURTHER, That ations shall be permitted, and exemptions as to small this section shall not be construed as indicating that self-med- packages shall be established, by regulations prescribed by ication for diseases other than those named herein is safe or the director. [1945 c 257 § 86; Rem. Supp. 1945 § 6163- efficacious. [1945 c 257 § 90; Rem. Supp. 1945 § 6163-139.] 135.] *Reviser's note: The term "venereal disease" was changed to "sexually transmitted disease" by 1988 c 206.

69.04.690 Cosmetics—Misbranding by lack of prominent label. 69.04.690

69.04.690 Cosmetics—Misbranding by lack of prom- 69.04.730 Enforcement, where vested—Regulations. 69.04.730 inent label. A cosmetic shall be deemed to be misbranded 69.04.730 Enforcement, where vested—Regulations. (1) if any word, statement, or other information required by The authority to promulgate regulations for the efficient or under authority of this chapter to appear on the label or enforcement of this chapter is hereby vested in the director: labeling is not prominently placed thereon with such conspic- PROVIDED, HOWEVER, That the director shall designate uousness (as compared with other words, statements, the pharmacy quality assurance commission to carry out all designs, or devices, in the labeling) and in such terms as to the provisions of this chapter pertaining to drugs and cosmet- render it likely to be read and understood by the ordinary ics, with authority to promulgate regulations for the efficient individual under customary conditions of purchase and use; enforcement thereof. [2013 c 19 § 51; 1947 c 25 § 91 (passed or (2) if its container is so made, formed, or filled as to be notwithstanding veto); 1945 c 257 § 91 (vetoed); Rem. Supp. misleading. [1945 c 257 § 87; Rem. Supp. 1945 § 6163-136.] 1947 § 6163-139a.]

69.04.740 Regulations to conform with federal regulations. 69.04.740 69.04.700 Cosmetics exempt if in transit for completion purposes. 69.04.700 69.04.740 Regulations to conform with federal regu- 69.04.700 Cosmetics exempt if in transit for comple- lations. The purpose of this chapter being to promote unifor- tion purposes. A cosmetic which is, in accordance with the mity of state legislation with the federal act, the director is practice of the trade, to be processed, labeled, or repacked in hereby authorized (1) to adopt, insofar as applicable, the reg- substantial quantities at an establishment other than the estab- ulations from time to time promulgated under the federal act; lishment where it was originally processed or packed, is and (2) to make the regulations promulgated under this chap- exempted from the affirmative labeling requirements of this ter conform, insofar as practicable, with those promulgated chapter, while it is in transit in intrastate commerce from the under the federal act. [1945 c 257 § 92; Rem. Supp. 1945 § one establishment to the other, if such transit is made in good 6163-140.] faith for such completion purposes only; but it is otherwise

69.04.750 Hearings. subject to all the applicable provisions of this chapter. [1945 69.04.750 69.04.750 Hearings. Hearings authorized or required c 257 § 88; Rem. Supp. 1945 § 6163-137.] by this chapter shall be conducted by the director or his or her

69.04.710 Advertisement, when deemed false. 69.04.710 duly authorized representative designated for the purpose. 69.04.710 Advertisement, when deemed false. An [2012 c 117 § 341; 1945 c 257 § 93; Rem. Supp. 1945 § advertisement of a food, drug, device, or cosmetic shall be 6163-141.] deemed to be false, if it is false or misleading in any particu-

69.04.761 Hearing on proposed regulation—Procedure. lar. [1945 c 257 § 89; Rem. Supp. 1945 § 6163-138.] 69.04.761 Hearing on proposed regulation—Proce-

69.04.720 Advertising of cure of certain diseases deemed false. dure. The director shall hold a public hearing upon a pro- 69.04.720 69.04.720 Advertising of cure of certain diseases posal to promulgate any new or amended regulation under deemed false. The advertisement of a drug or device repre- this chapter. The procedure to be followed concerning such senting it to have any effect in albuminuria, appendicitis, hearings shall comply in all respects with chapter 34.05 RCW arteriosclerosis, blood poison, bone disease, Bright's disease, (Administrative Procedure Act) as now enacted or hereafter cancer, carbuncles, cholecystitis, diabetes, diphtheria, amended. [1963 c 198 § 13.] dropsy, erysipelas, gallstones, heart and vascular diseases,

69.04.770 Review on petition prior to effective date. high blood pressure, mastoiditis, measles, meningitis, 69.04.770 Review on petition prior to effective date. mumps, nephritis, otitis media, paralysis, pneumonia, polio- The director shall have jurisdiction to review and to affirm, myelitis (infantile paralysis), prostate gland disorders, pyeli- modify, or set aside any order issued under *RCW 69.04.760, tis, scarlet fever, sexual impotence, sinus infection, smallpox, promulgating a new or amended regulation under this chap- tuberculosis, tumors, typhoid, uremia, *venereal disease, ter, upon petition made at any time prior to the effective date shall also be deemed to be false; except that no advertisement of such regulation, by any person adversely affected by such not in violation of RCW 69.04.710 shall be deemed to be order. [1945 c 257 § 95; Rem. Supp. 1945 § 6163-143.] false under this section if it is disseminated only to members *Reviser's note: RCW 69.04.760 was repealed by 1963 c 198 § 15. of the medical, veterinary, dental, pharmacal, and other Later enactment, see RCW 69.04.761. legally recognized professions dealing with the healing arts, 69.04.780 Investigations—Samples—Right of entry—Verified statements. or appears only in the scientific periodicals of these profes- 69.04.780 Investigations—Samples—Right of sions, or is disseminated only for the purpose of public health entry—Verified statements. The director shall cause the education by persons not commercially interested, directly or investigation and examination of food, drugs, devices, and indirectly, in the sale of such drugs or devices: PROVIDED, cosmetics subject to this chapter. The director shall have the That whenever the director determines that an advance in right (1) to take a sample or specimen of any such article, for medical science has made any type of self-medication safe as examination under this chapter, upon tendering the market to any of the diseases named above, the director shall by reg- price therefor to the person having such article in custody; ulation authorize the advertisement of drugs having curative and (2) to enter any place or establishment within this state, at or therapeutic effect for such disease, subject to such condi- reasonable times, for the purpose of taking a sample or spec- tions and restrictions as the director may deem necessary in imen of any such article, for such examination. [Title 69 RCW—page 16] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.880

The director and the director's deputies, assistants, and and advertisements therein. [1945 c 257 § 100; Rem. Supp. inspectors are authorized to do all acts and things necessary 1945 § 6163-148.] to carry out the provisions of this chapter, including the tak- 69.04.830 Publication of reports of judgments, orders and decrees. ing of verified statements. Such department personnel are 69.04.830 Publication of reports of judgments, empowered to administer oaths of verification on the state- orders and decrees. The director may cause to be published ments. [1991 c 162 § 6; 1945 c 257 § 96; Rem. Supp. 1945 § from time to time reports summarizing all judgments, 6163-144.] decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the dispo-

69.04.790 Owner may obtain part of sample. 69.04.790 Owner may obtain part of sample. Where sition thereof. [1945 c 257 § 101; Rem. Supp. 1945 § 6163- a sample or specimen of any such article is taken for exami- 149.] nation under this chapter, the director shall, upon request, 69.04.840 Dissemination of information. provide a part thereof for examination by any person named 69.04.840 Dissemination of information. The director on the label of such article, or the owner thereof, or his or her may cause to be disseminated information regarding food, attorney or agent; except that the director is authorized, by drugs, devices, or cosmetics in situations involving, in the regulation, to make such reasonable exceptions from, and to opinion of the director, imminent danger to health or gross impose such reasonable terms and conditions relating to, the deception of, or fraud upon, the consumer. Nothing in this operation of this section as he or she finds necessary for the section shall be construed to prohibit the director from col- proper administration of the provisions of this chapter. [2012 lecting, reporting, and illustrating the results of his or her c 117 § 342; 1945 c 257 § 97; Rem. Supp. 1945 § 6163-145.] examinations and investigations under this chapter. [2012 c 117 § 343; 1945 c 257 § 102; Rem. Supp. 1945 § 6163-150.]

69.04.800 Access to records of other agencies. 69.04.800 Access to records of other agencies. For the 69.04.845 Severability—1945 c 257. purpose of enforcing the provisions of this chapter, pertinent 69.04.845 Severability—1945 c 257. If any provision records of any administrative agency of the state government of this chapter is declared unconstitutional, or the applicabil- shall be open to inspection by the director. [1945 c 257 § 98; ity thereof to any person or circumstances is held invalid, the Rem. Supp. 1945 § 6163-146.] constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall

69.04.810 Access to records of intrastate carriers. 69.04.810 Access to records of intrastate carriers. not be affected thereby. [1945 c 257 § 103; Rem. Supp. 1945 For the purpose of enforcing the provisions of this chapter, § 6163-151.] carriers engaged in intrastate commerce, and persons receiv- 69.04.850 Construction—1945 c 257. ing food, drugs, devices, or cosmetics in intrastate commerce 69.04.850 Construction—1945 c 257. This chapter or holding such articles so received, shall, upon the request of and the regulations promulgated hereunder shall be so inter- the director, permit the director at reasonable times, to have preted and construed as to effectuate its general purpose to access to and to copy all records showing the movement in secure uniformity with federal acts and regulations relating to intrastate commerce of any food, drug, device, or cosmetic, adulterating, misbranding and false advertising of food, or the holding thereof during or after such movement, and the drugs, devices, and cosmetics. [1945 c 257 § 104; Rem. quantity, shipper, and consignee thereof; and it shall be Supp. 1945 § 6163-152.] unlawful for any such carrier or person to fail to permit such 69.04.860 Effective date of chapter—1945 c 257. access to and the copying of any such records so requested 69.04.860 Effective date of chapter—1945 c 257. This when such request is accompanied by a statement in writing chapter shall take effect ninety days after the date of its enact- specifying the nature or kind of food, drug, device, or cos- ment, and all state laws or parts of laws in conflict with this metic to which such request relates: PROVIDED, That evi- chapter are then repealed: PROVIDED, That the provisions dence obtained under this section shall not be used in a crim- of section 91 shall become effective on the enactment of this inal prosecution of the person from whom obtained: PRO- chapter, and thereafter the director is hereby authorized to VIDED FURTHER, That except for violations of RCW conduct hearings and to promulgate regulations which shall 69.04.955, penalties levied under RCW 69.04.980, the become effective on or after the effective date of this chapter requirements of RCW 69.04.950 through 69.04.980, and the as the director shall direct: PROVIDED FURTHER, That all requirements of this section, carriers shall not be subject to other provisions of this chapter to the extent that they may the other provisions of this chapter by reason of their receipt, relate to the enforcement of such sections, shall take effect on carriage, holding, or delivery of food, drugs, devices, or cos- the date of the enactment of this chapter. [1945 c 257 § 105; metics in the usual course of business as carriers. [1990 c 202 Rem. Supp. 1945 § 6163-153.] § 9; 1945 c 257 § 99; Rem. Supp. 1945 § 6163-147.] Reviser's note: 1945 c 257 § 91 referred to herein was vetoed by the governor but was subsequently reenacted as 1947 c 25 notwithstanding the veto. Section 91 is codified as RCW 69.04.730. For effective date of section 69.04.820 Right of entry to factories, warehouses, vehicles, etc. 69.04.820 Right of entry to factories, warehouses, 91 see preface 1947 session laws. vehicles, etc. For the purpose of enforcing the provisions of 69.04.870 Short title. this chapter, the director is authorized (1) to enter, at reason- 69.04.870 Short title. This chapter may be cited as the able times, any factory, warehouse, or establishment subject Uniform Washington Food, Drug, and Cosmetic Act. [1945 to this chapter, or to enter any vehicle being used to transport c 257 § 1; Rem. Supp. 1945 § 6163-50.] or hold food, drugs, devices, or cosmetics in intrastate com-

69.04.880 Civil penalty. merce; and (2) to inspect, at reasonable times, such factory, 69.04.880 Civil penalty. Whenever the director finds warehouse, establishment, or vehicle and all pertinent equip- that a person has committed a violation of a provision of this ment, finished and unfinished materials, containers, labeling, chapter, the director may impose upon and collect from the 2014 [Title 69 RCW—page 17] 69.04.900 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons violator a civil penalty not exceeding one thousand dollars In addition to his or her other duties, the director, in consulta- per violation per day. Each and every such violation shall be tion with the secretary of the department of health where a separate and distinct offense. Imposition of the civil penalty appropriate, may promulgate such other rules and regulations shall be subject to a hearing in conformance with chapter as may be necessary to carry out the purposes of RCW 34.05 RCW. [1991 c 162 § 2.] 69.04.900 through 69.04.920. [2012 c 117 § 344; 1989 1st ex.s. c 9 § 225; 1973 1st ex.s. c 112 § 4.]

69.04.900 Perishable packaged food—Pull date labeling—Definitions. 69.04.900 Perishable packaged food—Pull date Additional notes found at www.leg.wa.gov labeling—Definitions. For the purpose of RCW 69.04.900

69.04.920 Perishable packaged food—Pull date labeling—Penalties. through 69.04.920: 69.04.920 Perishable packaged food—Pull date (1) "Perishable packaged food goods" means and labeling—Penalties. Any person convicted of a violation of includes all foods and beverages, except alcoholic beverages, RCW 69.04.905 or 69.04.910 shall be punishable by a fine frozen foods, fresh meat, poultry and fish and a raw agricul- not to exceed five hundred dollars. [1973 1st ex.s. c 112 § 5.] tural commodity as defined in this chapter, intended for

69.04.928 Seafood labeling requirements—Pamphlet. human consumption which are canned, bottled, or packaged 69.04.928 Seafood labeling requirements—Pam- other than at the time and point of retail sale, which have a phlet. The department of agriculture may: high risk of spoilage within a period of thirty days, and as (1) Develop a pamphlet that generally describes the determined by the director of the department of agriculture labeling requirements for seafood as set forth in this chapter; by rule and regulation to be perishable. (2) Provide to the department of fish and wildlife a web (2) "Pull date" means the latest date a packaged food site link to the pamphlet; and product shall be offered for sale to the public. (3) Make the pamphlet available to holders of any (3) "Shelf life" means the length of time during which a license associated with buying and selling fish or shellfish packaged food product will retain its safe consumption qual- under chapter 77.65 RCW. [2013 c 290 § 2; 2002 c 301 § ity if stored under proper temperature conditions. 11.] (4) "Fish" as used in subsection (1) of this section shall Finding—Effective date—2002 c 301: See notes following RCW mean any water breathing animals, including, but not limited 77.65.510. to, shellfish such as lobster, clams, crab, or other mollusca

69.04.930 Frozen fish and meat—Labeling requirements—Exceptions. which are prepared, processed, sold, or intended or offered 69.04.930 Frozen fish and meat—Labeling require- for sale. [1974 ex.s. c 57 § 1; 1973 1st ex.s. c 112 § 1.] ments—Exceptions. It shall be unlawful for any person to sell at retail or display for sale at retail any food fish as 69.04.905 Perishable packaged food—Pull date labeling—Required. 69.04.905 Perishable packaged food—Pull date defined in RCW 77.08.022 or shellfish as defined in RCW labeling—Required. All perishable packaged food goods 77.08.010, any meat, or any meat food product which has with a projected shelf life of thirty days or less, which are been frozen at any time, without having the package or con- offered for sale to the public after January 1, 1974 shall state tainer in which the same is sold bear a label clearly discern- on the package the pull date. The pull date must be stated in ible to a customer that such product has been frozen and day, and month and be in a style and format that is readily whether or not the same has since been thawed. No such food decipherable by consumers: PROVIDED, That the director fish or shellfish, meat or meat food product shall be sold of the department of agriculture may exclude the monthly unless in such a package or container bearing said label: requirement on the pull date for perishable packaged food PROVIDED, That this section shall not include any of the goods which have a shelf life of seven days or less. No per- aforementioned food or food products that have been frozen ishable packaged food goods shall be offered for sale after the prior to being smoked, cured, cooked or subjected to the heat pull date, except as provided in RCW 69.04.910. [1974 ex.s. of commercial sterilization. [2003 c 39 § 28; 1999 c 291 § c 57 § 2; 1973 1st ex.s. c 112 § 2.] 32; 1988 c 254 § 8; 1983 1st ex.s. c 46 § 179; 1975 c 39 § 1.]

69.04.910 Perishable packaged food—Pull date labeling—Selling or trading goods beyond pull date—Repackaging to substitute for original date—Exception. 69.04.932 Definitions. 69.04.910 Perishable packaged food—Pull date 69.04.932 Definitions. The definitions in this section labeling—Selling or trading goods beyond pull date— apply throughout this chapter unless the context clearly Repackaging to substitute for original date—Exception. requires otherwise. No person shall sell, trade or barter any perishable packaged (1) "Commercially caught" means wild or hatch- food goods beyond the pull date appearing thereon, nor shall ery-raised salmon harvested in the wild by commercial fish- any person rewrap or repackage any packaged perishable ers. The term does not apply to farmed fish raised exclusively food goods with the intention of placing a pull date thereon by private sector aquaculture. which is different from the original: PROVIDED, HOW- (2) "Food fish" means fresh or saltwater finfish and other EVER, That those packaged perishable food goods whose forms of aquatic animal life other than crustaceans, mollusks, pull dates have expired may be sold if they are still whole- birds, and mammals where the animal life is intended for some and are without danger to health, and are clearly identi- human consumption. fied as having passed the pull date. [1973 1st ex.s. c 112 § 3.] (3) "Salmon" means all species of the genus Oncorhyn- chus, except those classified as game fish in RCW 77.08.020, 69.04.915 Perishable packaged food—Pull date labeling—Storage—Rules and regulations. 69.04.915 Perishable packaged food—Pull date and includes: labeling—Storage—Rules and regulations. The director of the department of agriculture shall by rule and regulation SCIENTIFIC NAME COMMON NAME Oncorhynchus tshawytscha Chinook salmon or king salmon establish uniform standards for pull date labeling, and opti- Oncorhynchus kisutch Coho salmon or silver salmon mum storage conditions of perishable packaged food goods. Oncorhynchus keta Chum or "keta" salmon [Title 69 RCW—page 18] 2014 Intrastate Commerce in Food, Drugs, and Cosmetics 69.04.940

Oncorhynchus gorbuscha Pink salmon caught salmon or salmon products as commercially caught Oncorhynchus nerka Sockeye or "red" salmon salmon. Salmo salar (in other than Atlantic salmon its landlocked form) (2) Identification of the products under subsection (1) of this section must be made to the buyer at the point of sale (4) "Shellfish" means crustaceans and all mollusks such that the buyer can make an informed purchasing deci- where the animal life is intended for human consumption. sion for his or her protection, health, and safety. [2013 c 290 § 3; 1993 c 282 § 2.] (3) A violation of this section constitutes misbranding Finding—1993 c 282: "The legislature finds that salmon consumers in under RCW 69.04.938 and is punishable as a misdemeanor, Washington benefit from knowing the species and origin of the salmon they purchase. The accurate identification of such species, as well as knowledge gross misdemeanor, or felony depending on the fair market of the country or state of origin and of whether they were caught commer- value of the fish or shellfish involved in the violation. cially or were farm-raised, is important to consumers." [1993 c 282 § 1.] (4) This section does not apply to salmon that is minced, pulverized, coated with batter, or breaded. 69.04.933 Food fish and shellfish labeling—Identification of species—Exceptions—Penalty. 69.04.933 Food fish and shellfish labeling—Identifi- (5) This section does not apply to a commercial fisher cation of species—Exceptions—Penalty. (1) It is unlawful properly licensed under chapter 77.65 RCW and lawfully to knowingly sell or offer for sale at wholesale or retail any engaged in the sale of fish to a fish buyer. fresh, frozen, or processed food fish or shellfish without iden- (6) Nothing in this section precludes using additional tifying for the buyer at the point of sale the species of food descriptive language or trade names to describe food fish or fish or shellfish by its common name, such that the buyer can shellfish as long as the labeling requirements of this section make an informed purchasing decision for his or her protec- are met. [2013 c 290 § 5; 2003 c 39 § 29; 1993 c 282 § 4.] tion, health, and safety. Finding—1993 c 282: See note following RCW 69.04.932. (2) It is unlawful to knowingly label or offer for sale any

69.04.935 Salmon labeling—Rules for identification and enforcement. food fish designated as halibut, with or without additional 69.04.935 Salmon labeling—Rules for identification descriptive words, unless the food fish product is Hippoglos- and enforcement. To promote honesty and fair dealing for sus hippoglossus or Hippoglossus stenolepsis. consumers and to protect public health and safety, the direc- (3) This section does not apply to salmon that is minced, tor, in consultation with the director of the department of fish pulverized, coated with batter, or breaded. and wildlife, may adopt rules as necessary to: (4) This section does not apply to a commercial fisher (1) Establish and implement a reasonable definition and properly licensed under chapter 77.65 RCW and engaged in identification standard for species of food fish and shellfish sales of fish to a fish buyer. that are sold for human consumption; (5) A violation of this section constitutes misbranding (2) Provide procedures for enforcing this chapter's food under RCW 69.04.938 and is punishable as a misdemeanor, fish and shellfish labeling requirements and misbranding pro- gross misdemeanor, or felony depending on the fair market hibitions. [2013 c 290 § 6; 1994 c 264 § 39; 1993 c 282 § 5.] value of the fish or shellfish involved in the violation. Finding—1993 c 282: See note following RCW 69.04.932. (6)(a) The common names for salmon species are as

69.04.938 Misbranding of food fish or shellfish—Penalties. listed in RCW 69.04.932. 69.04.938 Misbranding of food fish or shellfish— (b) The common names for all other food fish and shell- Penalties. (1) A person is guilty of unlawful misbranding of fish are the common names for food fish and shellfish species food fish or shellfish in the third degree if the person commits as defined by rule of the director. If the common name for a an act that violates RCW 69.04.933 or 69.04.934, and the species is not defined by rule of the director, then the com- misbranding involves food fish or shellfish with a fair market mon name is the acceptable market name or common name as value up to five hundred dollars. Unlawful misbranding of provided in the United States food and drug administration's food fish or shellfish in the third degree is a misdemeanor. publication "Seafood list - FDA's guide to acceptable market (2) A person is guilty of unlawful misbranding of food names for seafood sold in interstate commerce," as the publi- fish or shellfish in the second degree if the person commits an cation existed on the effective date of this section. act that violates RCW 69.04.933 or 69.04.934, and the mis- (7) For the purposes of this section, "processed" means branding involves food fish or shellfish with a fair market food fish or shellfish processed by heat for human consump- value of five hundred dollars or more, up to five thousand tion, such as food fish or shellfish that is kippered, smoked, dollars. Unlawful misbranding of food fish or shellfish in the boiled, canned, cleaned, portioned, or prepared for sale or second degree is a gross misdemeanor. attempted sale for human consumption. (3) A person is guilty of unlawful misbranding of food (8) Nothing in this section precludes using additional fish or shellfish in the first degree if the person commits an descriptive language or trade names to describe food fish or act that violates RCW 69.04.933 or 69.04.934, and the mis- shellfish as long as the labeling requirements in this section branding involves food fish or shellfish with a fair market are met. [2013 c 290 § 4; 1993 c 282 § 3.] value of five thousand dollars or more. Unlawful misbrand- Finding—1993 c 282: See note following RCW 69.04.932. ing of food fish or shellfish in the first degree is a class C felony. [2013 c 290 § 7.] 69.04.934 Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty. 69.04.934 Salmon labeling—Identification as farm-

69.04.940 Imported lamb products—Labeling requirements. raised or commercially caught—Exceptions—Penalty. 69.04.940 Imported lamb products—Labeling (1) It is unlawful to knowingly sell or offer for sale at whole- requirements. All retail sales of fresh or frozen lamb prod- sale or retail any fresh, frozen, or processed salmon without ucts which are imported from another country shall be identifying private sector cultured aquatic salmon or salmon labelled with the country of origin. For the purposes of this products as farm-raised salmon, or identifying commercially section "imported lamb products" shall include but not be 2014 [Title 69 RCW—page 19] 69.04.950 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons limited to, live lambs imported from another country but stances that the director and the secretary determine will not slaughtered in the United States. [1987 c 393 § 25.] pose a health hazard if food in bulk form were transported in the vehicle or vessel after it transported the substance. In 69.04.950 Transport of bulk foods—Definitions. 69.04.950 Transport of bulk foods—Definitions. The making this determination, the director and the secretary shall definitions in this section apply throughout RCW 69.04.950 assume that some residual portion of the substance will through 69.04.980: remain in the cargo carrying portion of the vehicle or vessel (1) "Food" means: (a) Any article used for food or drink when the food is transported; for humans or used as a component of such an article; or (b) (b) The procedures to be used to clean the vehicle or ves- a food grade substance. sel after transporting the substance and prior to transporting (2) "Food grade substance" means a substance which sat- the food; isfies the requirements of the federal food, drug, and cos- (c) The form of the certificates to be used under RCW metic act, meat inspection act, and poultry products act and 69.04.965; and rules promulgated thereunder as materials approved by the (d) Requirements for the "Food or Food Compatible federal food and drug administration, United States depart- Only" marking which must be borne by a vehicle or vessel ment of agriculture, or United States environmental protec- under RCW 69.04.955 or 69.04.965. tion agency for use: (a) As an additive in food or drink for (2) In developing and adopting rules under this section human consumption, (b) in sanitizing food or drink for and RCW 69.04.970, the director and the secretary shall con- human consumption, (c) in processing food or drink for sult with the secretary of transportation, the chief of the state human consumption, or (d) in maintaining equipment with patrol, the chair of the utilities and transportation commis- food contact surfaces during which maintenance the sub- sion, and representatives of the vehicle and vessel transporta- stance is expected to come in contact with food or drink for tion industries, food processors, and agricultural commodity human consumption. organizations. [1990 c 202 § 3.] (3) "In bulk form" means a food or substance which is

69.04.965 Transport of bulk foods—Transports not constituting violations. not packaged or contained by anything other than the cargo 69.04.965 Transport of bulk foods—Transports not carrying portion of the vehicle or vessel. constituting violations. Transporting food as cargo in bulk (4) "Vehicle or vessel" means a commercial vehicle or form in intrastate commerce in a vehicle or vessel that has commercial vessel which has a gross weight of more than ten previously been used to transport in bulk form a cargo other thousand pounds, is used to transport property, and is a motor than food does not constitute a violation of RCW 69.04.955 vehicle, motor truck, trailer, railroad car, or vessel. [1990 c if: 202 § 1.] (1) The cargo is a food compatible substance contained Additional notes found at www.leg.wa.gov on the list adopted by the director and secretary under RCW 69.04.960;

69.04.955 Transport of bulk foods—Prohibitions—Exemption. 69.04.955 Transport of bulk foods—Prohibitions— (2) The vehicle or vessel has been cleaned as required by Exemption. (1) Except as provided in RCW 69.04.965 and the rules adopted under RCW 69.04.960; 69.04.975, no person may transport in intrastate commerce (3) The vehicle or vessel is marked "Food or Food Com- food in bulk form in the cargo carrying portion of a vehicle or patible" in conformance with rules adopted under RCW vessel that has been used for transporting in bulk form a 69.04.960; and cargo other than food. (4) A certificate accompanies the vehicle or vessel when (2) No person may transport in intrastate commerce food the food is transported by other than railroad car which in bulk form in the cargo carrying portion of a vehicle or ves- attests, under penalty of perjury, to the fact that the vehicle or sel unless the vehicle or vessel is marked "Food or Food vessel has been cleaned as required by those rules and is Compatible Only" in conformance with rules adopted under dated and signed by the party responsible for that cleaning. RCW 69.04.960. Such certificates shall be maintained by the owner of the (3) No person may transport in intrastate commerce a vehicle or vessel for not less than three years and shall be substance in bulk form other than food or a substance on a list available for inspection concerning compliance with RCW adopted under RCW 69.04.960 in the cargo carrying portion 69.04.950 through 69.04.980. The director of agriculture and of a vehicle or vessel marked "Food or Food Compatible the secretary of health shall jointly adopt rules requiring such Only." certificates for the transportation of food under this section (4) This section does not apply to the transportation of a by railroad car and requiring such certificates to be available raw agricultural commodity from the point of its production for inspection concerning compliance with RCW 69.04.950 to the facility at which the commodity is first processed or through 69.04.980. Forms for the certificates shall be pro- packaged. [1990 c 202 § 2.] vided by the department of agriculture. [1990 c 202 § 4.]

69.04.960 Transport of bulk foods—Compatible substances—Cleaning vehicle or vessel—Vehicle or vessel marking. 69.04.970 Transport of bulk foods—Substances rendering vehicle or vessel permanently unsuitable for bulk food transport—Procedures to rehabilitate vehicles and vessels. 69.04.960 Transport of bulk foods—Compatible sub- 69.04.970 Transport of bulk foods—Substances ren- stances—Cleaning vehicle or vessel—Vehicle or vessel dering vehicle or vessel permanently unsuitable for bulk marking. (1) The director of agriculture and the secretary of food transport—Procedures to rehabilitate vehicles and health shall jointly adopt by rule: vessels. The director of agriculture and the secretary of (a) A list of food compatible substances other than food health shall jointly adopt by rule: that may be transported in bulk form as cargo in a vehicle or (1) A list of substances which, if transported in bulk form vessel that is also used, on separate occasions, to transport in the cargo carrying portion of a vehicle or vessel, render the food in bulk form as cargo. The list shall contain those sub- vehicle or vessel permanently unsuitable for use in transport- [Title 69 RCW—page 20] 2014 Food and Beverage Establishment Workers' Permits 69.06.020 ing food in bulk form because the prospect that any residue The director shall, wherever practical, secure the assis- might be present in the vehicle or vessel when it transports tance of other public agencies, including but not limited to food poses a hazard to the public health; and the department of health, the utilities and transportation com- (2) Procedures to be used to rehabilitate a vehicle or ves- mission, and the state patrol, in identifying and investigating sel that has been used to transport a substance other than a potential violations of RCW 69.04.955. [1990 c 202 § 7.] substance contained on a list adopted under RCW 69.04.960 or under subsection (1) of this section. The procedures shall Chapter 69.06 Chapter 69.06 RCW ensure that transporting food in the cargo carrying portion of 69.06 FOOD AND BEVERAGE ESTABLISHMENT WORKERS' PERMITS the vehicle or vessel after its rehabilitation will not pose a FOOD AND BEVERAGE ESTABLISHMENT WORKERS' PERMITS health hazard. [1990 c 202 § 5.] Sections

69.04.975 Transport of bulk foods—Rehabilitation of vehicles and vessels—Inspection—Certification—Marking—Costs. 69.04.975 Transport of bulk foods—Rehabilitation 69.06.010 Food and beverage service worker's permit—Filing, dura- of vehicles and vessels—Inspection—Certification— tion—Minimum training requirements. 69.06.020 Permit exclusive and valid throughout state—Fee. Marking—Costs. A vehicle or vessel that has been used to 69.06.030 Diseased persons—May not work—Employer may not hire. transport a substance other than food or a substance con- 69.06.040 Application of chapter to retail food establishments. tained on the lists adopted by the director and secretary under 69.06.045 Application of chapter to temporary food service establishments. RCW 69.04.960 and 69.04.970, may be rehabilitated and 69.06.050 Permit to be secured within fourteen days from time of used to transport food only if: employment. (1) The vehicle or vessel is rehabilitated in accordance 69.06.060 Penalty. 69.06.070 Limited duty permit. with the procedures established by the director and secretary 69.06.080 Chapter not applicable to persons who meet requirements of in RCW 69.04.970; RCW 70.128.250. (2) The vehicle or vessel is inspected by the department

69.06.010 Food and beverage service worker's permit—Filing, duration—Minimum training requirements. of agriculture, and the department determines that transport- 69.06.010 Food and beverage service worker's per- ing food in the cargo carrying portion of the vehicle or vessel mit—Filing, duration—Minimum training requirements. will not pose a health hazard; It shall be unlawful for any person to be employed in the han- (3) A certificate accompanies the vehicle or vessel certi- dling of unwrapped or unpackaged food unless he or she shall fying that the vehicle or vessel has been rehabilitated and furnish and place on file with the person in charge of such inspected and is authorized to transport food, and is dated and establishment, a food and beverage service worker's permit, signed by the director of agriculture, or an authorized agent as prescribed by the state board of health. Such permit shall of the director. Such certificates shall be maintained for the be kept on file by the employer or kept by the employee on life of the vehicle by the owner of the vehicle or vessel, and his or her person and open for inspection at all reasonable shall be available for inspection concerning compliance with hours by authorized public health officials. Such permit shall RCW 69.04.950 through 69.04.980. Forms for the certifi- be returned to the employee upon termination of employ- cates shall be provided by the department of agriculture; and ment. Initial permits, including limited duty permits, shall be (4) The vehicle or vessel is marked as required by RCW valid for two years from the date of issuance. Subsequent 69.04.955 or is marked and satisfies the requirements of renewal permits shall be valid for three years from the date of RCW 69.04.965 which are not inconsistent with the rehabili- issuance, except an employee may be granted a renewal per- tation authorized by this section. mit that is valid for five years from the date of issuance if the No vehicle or vessel that has transported in bulk form a employee demonstrates that he or she has obtained additional substance contained on the list adopted under RCW food safety training prior to renewal of the permit. Rules 69.04.970 qualifies for rehabilitation. establishing minimum training requirements must be adopted The cost of rehabilitation shall be borne by the vehicle or by the state board of health and developed by the department vessel owner. The director shall determine a reasonable fee to of health in conjunction with local health jurisdictions and be imposed on the vehicle or vessel owner based on inspec- representatives of the food service industry. [1998 c 136 § 1; tion, laboratory, and administrative costs incurred by the 1987 c 223 § 5; 1957 c 197 § 1.] department in rehabilitating the vehicle or vessel. [1990 c Additional notes found at www.leg.wa.gov 202 § 6.]

69.06.020 Permit exclusive and valid throughout state—Fee. 69.06.020 Permit exclusive and valid throughout 69.04.980 Transport of bulk foods—Penalties. 69.04.980 Transport of bulk foods—Penalties. A per- state—Fee. The permit provided in RCW 69.06.010 or son who knowingly transports a cargo in violation of RCW 69.06.070 shall be valid in every city, town and county in the 69.04.955 or who knowingly causes a cargo to be transported state, for the period for which it is issued, and no other health in violation of RCW 69.04.955 is subject to a civil penalty, as certificate shall be required of such employees by any munic- determined by the director of agriculture, for each such viola- ipal corporation or political subdivision of the state. The cost tion as follows: of the permit shall be uniform throughout the state and shall (1) For a person's first violation or first violation in a be in that amount set by the state board of health. The cost of period of five years, not more than five thousand dollars; the permit shall reflect actual costs of food worker training (2) For a person's second or subsequent violation within and education, administration of the program, and testing of five years of a previous violation, not more than ten thousand applicants. The state board of health shall periodically review dollars. the costs associated with the permit program and adjust the The director shall impose the penalty by an order which fee accordingly. The board shall also ensure that the fee is not is subject to the provisions of chapter 34.05 RCW. set at an amount that would prohibit low-income persons 2014 [Title 69 RCW—page 21] 69.06.030 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.06.080 Chapter not applicable to persons who meet requirements of RCW 70.128.250. from obtaining permits. [1998 c 136 § 3; 1987 c 223 § 6; 69.06.080 Chapter not applicable to persons who 1957 c 197 § 2.] meet requirements of RCW 70.128.250. Except for the food safety training standards adopted by the state board of

69.06.030 Diseased persons—May not work—Employer may not hire. health under RCW 69.06.010, the provisions of this chapter 69.06.030 Diseased persons—May not work— do not apply to persons who work in adult family homes and Employer may not hire. It shall be unlawful for any person successfully complete training and continuing education as afflicted with any contagious or infectious disease that may required by RCW 70.128.250. [2005 c 505 § 7.] be transmitted by food or beverage to work in or about any place where unwrapped or unpackaged food and/or beverage products are prepared or sold, or offered for sale for human Chapter 69.07 Chapter 69.07 RCW 69.07 WASHINGTON FOOD PROCESSING ACT consumption and it shall be unlawful for any person know- WASHINGTON FOOD PROCESSING ACT ingly to employ a person so afflicted. Nothing in this section Sections eliminates any authority or requirement to control or suppress communicable diseases pursuant to chapter 70.05 RCW and 69.07.005 Legislative declaration. 69.07.010 Definitions. *RCW 43.20.050(2)(e). [1998 c 136 § 4; 1957 c 197 § 3.] 69.07.020 Enforcement—Rules—Adoption—Contents—Standards. *Reviser's note: RCW 43.20.050 was amended by 2009 c 495 § 1, 69.07.040 Food processing license—Waiver if licensed under chapter changing subsection (2)(e) to subsection (2)(f). 15.36 RCW—Expiration date—Application, contents—Fee. 69.07.050 Renewal of license—Additional fee, when. 69.07.060 Denial, suspension, or revocation of license—Grounds. 69.06.040 Application of chapter to retail food establishments. 69.06.040 Application of chapter to retail food estab- 69.07.065 Suspension of license summarily—Reinstatement. 69.07.070 Rules and regulations, hearings subject to Administrative Pro- lishments. This chapter shall apply to any retail establish- cedure Act. ment engaged in the business of food handling or food ser- 69.07.080 Inspections by department—Access—When. vice. [1987 c 223 § 7; 1957 c 197 § 4.] 69.07.085 Sanitary certificates—Fee. 69.07.095 Authority of director and personnel. 69.07.100 Establishments exempted from provisions of chapter. 69.06.045 Application of chapter to temporary food service Application establishments. of chapter to temporary food 69.07.103 Poultry—Slaughter, preparation, sale—One thousand or fewer—Special permit—Rules—Fee. service establishments. As used in this section, "temporary 69.07.110 Enforcement of chapter. food service establishment" means a food service establish- 69.07.120 Disposition of money into food processing inspection account. ment operating at a fixed location for a period of time of not 69.07.135 Unlawful to sell or distribute food from unlicensed processor. 69.07.140 Violations—Warning notice. more than twenty-one consecutive days in conjunction with a 69.07.150 Violations—Penalties. single event or celebration. This chapter applies to temporary 69.07.160 Authority of director and department under chapter 69.04 food service establishments with the following exceptions: RCW not impaired by any provision of chapter 69.07 RCW. 69.07.170 Definitions. (1) Only the operator or person in charge of a temporary 69.07.180 Bottled water labeling standards. food service establishment shall be required to secure a food 69.07.190 Bottled soft drinks, soda, or seltzer exempt from bottled water and beverage service workers' permit; and labeling requirements. 69.07.900 Chapter is cumulative and nonexclusive. (2) The operator or person in charge of a temporary food 69.07.910 Severability—1967 ex.s. c 121. service establishment shall secure a valid food and beverage 69.07.920 Short title. service workers' permit before commencing the food han- 69.07.005 Legislative declaration. dling operation. [1987 c 223 § 8.] 69.07.005 Legislative declaration. The processing of food intended for public consumption is important and vital

69.06.050 Permit to be secured within fourteen days from time of employment. to the health and welfare both immediate and future and is 69.06.050 Permit to be secured within fourteen days hereby declared to be a business affected with the public from time of employment. Individuals under this chapter interest. The provisions of this chapter [1991 c 137] are must obtain a food and beverage service workers' permit enacted to safeguard the consuming public from unsafe, adul- within fourteen days from commencement of employment. terated, or misbranded food by requiring licensing of all food Individuals under this chapter may work for up to fourteen processing plants as defined in this chapter and setting forth calendar days without a food and beverage service workers' the requirements for such licensing. [1991 c 137 § 1.] permit, provided that they receive information or training regarding safe food handling practices from the employer 69.07.010 Definitions. 69.07.010 prior to commencement of employment. Documentation that 69.07.010 Definitions. For the purposes of this chapter: the information or training has been provided to the individ- (1) "Department" means the department of agriculture of ual must be kept on file by the employer. [1998 c 136 § 5; the state of Washington; 1957 c 197 § 5.] (2) "Director" means the director of the department; (3) "Food" means any substance used for food or drink

69.06.060 Penalty. by any person, including ice, bottled water, and any ingredi- 69.06.060 Penalty. Any violation of the provisions of ent used for components of any such substance regardless of this chapter shall be a misdemeanor. [1957 c 197 § 6.] the quantity of such component; (4) "Sale" means selling, offering for sale, holding for 69.06.070 Limited duty permit. Limited duty permit. The local health offi- sale, preparing for sale, trading, bartering, offering a gift as cer may issue a limited duty permit when necessary to rea- an inducement for sale of, and advertising for sale in any sonably accommodate a person with a disability. The limited media; duty permit must specify the activities that the permit holder (5) "Food processing" means the handling or processing may perform, and must include only activities having low of any food in any manner in preparation for sale for human public health risk. [1998 c 136 § 2.] consumption: PROVIDED, That it shall not include fresh [Title 69 RCW—page 22] 2014 Washington Food Processing Act 69.07.040 fruit or vegetables merely washed or trimmed while being Application, contents—Fee. It shall be unlawful for any prepared or packaged for sale in their natural state; person to operate a food processing plant or process foods in (6) "Food processing plant" includes but is not limited to the state without first having obtained an annual license from any premises, plant, establishment, building, room, area, the department, which shall expire on a date set by rule by the facilities and the appurtenances thereto, in whole or in part, director. License fees shall be prorated where necessary to where food is prepared, handled or processed in any manner accommodate staggering of expiration dates. Application for for distribution or sale for resale by retail outlets, restaurants, a license shall be on a form prescribed by the director and and any such other facility selling or distributing to the ulti- accompanied by the license fee. The license fee is determined mate consumer: PROVIDED, That, as set forth herein, estab- by computing the gross annual sales for the accounting year lishments processing foods in any manner for resale shall be immediately preceding the license year. If the license is for a considered a food processing plant as to such processing; new operator, the license fee shall be based on an estimated (7) "Food service establishment" shall mean any fixed or gross annual sales for the initial license period. mobile restaurant, coffee shop, cafeteria, short order cafe, If gross annual sales are: The license fee is: luncheonette, grill, tearoom, sandwich shop, soda fountain, $0 to $50,000 $55.00 tavern, bar, cocktail lounge, night club, roadside stand, indus- $50,001 to $500,000 $110.00 trial-feeding establishment, retail grocery, retail food market, $500,001 to $1,000,000 $220.00 retail meat market, retail bakery, private, public, or nonprofit organization routinely serving food, catering kitchen, com- $1,000,001 to $5,000,000 $385.00 missary or similar place in which food or drink is prepared $5,000,001 to $10,000,000 $550.00 for sale or for service on the premises or elsewhere, and any Greater than $10,000,000 $825.00 other eating or drinking establishment or operation where Such application shall include the full name of the applicant food is served or provided for the public with or without for the license and the location of the food processing plant charge. he or she intends to operate. If such applicant is an individual, For the purpose of this chapter any custom cannery or receiver, trustee, firm, partnership, association or corpora- processing plant where raw food products, food, or food tion, the full name of each member of the firm or partnership, products are processed for the owner thereof, or the food pro- or names of the officers of the association or corporation shall cessing facilities are made available to the owners or persons be given on the application. Such application shall further in control of raw food products or food or food products for state the principal business address of the applicant in the processing in any manner, shall be considered to be food prostate and elsewhere and the name of a person domiciled in cessing plants; this state authorized to receive and accept service of sum- (8) "Person" means an individual, partnership, corpora- mons of legal notices of all kinds for the applicant. The appli- tion, or association. [1992 c 34 § 3; 1991 c 137 § 2; 1967 cation shall also specify the type of food to be processed and ex.s. c 121 § 1.] the method or nature of processing operation or preservation Additional notes found at www.leg.wa.gov of that food and any other necessary information. Upon the approval of the application by the director and compliance 69.07.020 Enforcement—Rules—Adoption—Contents—Standards. 69.07.020 Enforcement—Rules—Adoption—Con- with the provisions of this chapter, including the applicable tents—Standards. (1) The department shall enforce and regulations adopted hereunder by the department, the appli- carry out the provisions of this chapter, and may adopt the cant shall be issued a license or renewal thereof. necessary rules to carry out its purposes. Licenses shall be issued to cover only those products, (2) Such rules may include: processes, and operations specified in the license application (a) Standards for temperature controls in the storage of and approved for licensing. Wherever a license holder wishes foods, so as to provide proper refrigeration. to engage in processing a type of food product that is differ- (b) Standards for temperatures at which low acid foods ent than the type specified on the application supporting the must be processed and the length of time such temperatures licensee's existing license and processing that type of food must be applied and at what pressure in the processing of product would require a major addition to or modification of such low acid foods. the licensee's processing facilities or has a high potential for (c) Standards and types of recording devices that must be harm, the licensee shall submit an amendment to the current used in providing records of the processing of low acid foods, license application. In such a case, the licensee may engage in and how they shall be made available to the department of processing the new type of food product only after the agriculture for inspection. amendment has been approved by the department. (d) Requirements for the keeping of records of the tem- If upon investigation by the director, it is determined that peratures, times and pressures at which foods were pro- a person is processing food for retail sale and is not under per- cessed, or for the temperatures at which refrigerated products mit, license, or inspection by a local health authority, then were stored by the licensee and the furnishing of such records that person may be considered a food processor and subject to to the department. the provisions of this chapter. The director may waive the (e) Standards that must be used to establish the tempera- licensure requirements of this chapter for a person's opera- ture and purity of water used in the processing of foods. tions at a facility if the person has obtained a milk processing [1969 c 68 § 1; 1967 ex.s. c 121 § 2.] plant license under chapter 15.36 RCW to conduct the same or a similar operation at the facility. [1995 c 374 § 21. Prior: 69.07.040 Food processing license—Waiver if licensed under chapter 15.36 RCW—Expiration date—Application, contents—Fee. 69.07.040 Food processing license—Waiver if 1993 sp.s. c 19 § 11; 1993 c 212 § 2; 1992 c 160 § 3; 1991 c licensed under chapter 15.36 RCW—Expiration date— 137 § 3; 1988 c 5 § 1; 1969 c 68 § 2; 1967 ex.s. c 121 § 4.] 2014 [Title 69 RCW—page 23] 69.07.050 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.07.070 Rules and regulations, hearings subject to Administrative Procedure Act. Additional notes found at www.leg.wa.gov 69.07.070 Rules and regulations, hearings subject to Administrative Procedure Act. The adoption of any rules

69.07.050 Renewal of license—Additional fee, when. 69.07.050 Renewal of license—Additional fee, when. and regulations under the provisions of this chapter, or the If the application for renewal of any license provided for holding of a hearing in regard to a license issued or which under this chapter is not filed prior to the expiration date as may be issued under the provisions of this chapter shall be established by rule by the director, an additional fee of ten subject to the applicable provisions of chapter 34.05 RCW, percent of the cost of the license shall be assessed and added the Administrative Procedure Act, as enacted or hereafter to the original fee and shall be paid by the applicant before amended. [1967 ex.s. c 121 § 7.] the renewal license shall be issued: PROVIDED, That such additional fee shall not be charged if the applicant furnishes 69.07.080 Inspections by department—Access—When. Inspections by department—Access— an affidavit certifying that he or she has not operated a food When. For purpose of determining whether the rules processing plant or processed foods subsequent to the expira- adopted pursuant to RCW 69.07.020, as now or hereafter tion of his or her license. [1992 c 160 § 4; 1991 c 137 § 4; amended are complied with, the department shall have access 1988 c 5 § 2; 1967 ex.s. c 121 § 5.] for inspection purposes to any part, portion or area of a food processing plant, and any records required to be kept under

69.07.060 Denial, suspension, or revocation of license—Grounds. 69.07.060 Denial, suspension, or revocation of the provisions of this chapter or rules and regulations adopted license—Grounds. The director may, subsequent to a hear- hereunder. Such inspection shall, when possible, be made ing thereon, deny, suspend, or revoke any license provided during regular business hours or during any working shift of for in this chapter if he or she determines that an applicant has said food processing plant. The department may, however, committed any of the following acts: inspect such food processing plant at any time when it has (1) Refused, neglected, or failed to comply with the pro- received information that an emergency affecting the public visions of this chapter, the rules and regulations adopted health has arisen and such food processing plant is or may be hereunder, or any lawful order of the director. involved in the matters causing such emergency. [1969 c 68 (2) Refused, neglected, or failed to keep and maintain § 3; 1967 ex.s. c 121 § 8.] records required by this chapter, or to make such records 69.07.085 Sanitary certificates—Fee. available when requested pursuant to the provisions of this 69.07.085 Sanitary certificates—Fee. The department chapter. may issue sanitary certificates to food processors under this (3) Refused the department access to any portion or area chapter subject to such requirements as it may establish by of the food processing plant for the purpose of carrying out rule. The fee for issuance shall be fifty dollars per certificate. the provisions of this chapter. Fees collected under this section shall be deposited in the (4) Refused the department access to any records agricultural local fund. [1995 c 374 § 23; 1988 c 254 § 9.] required to be kept under the provisions of this chapter. Additional notes found at www.leg.wa.gov (5) Refused, neglected, or failed to comply with any pro- 69.07.095 Authority of director and personnel. visions of chapter 69.04 RCW, Washington food, drug, and 69.07.095 Authority of director and personnel. The cosmetic act, or any regulations adopted thereunder. director or the director's deputies, assistants, and inspectors The provisions of this section requiring that a hearing be are authorized to do all acts and things necessary to carry out conducted before an action may be taken against a license do the provisions of this chapter, including the taking of verified not apply to an action taken under RCW 69.07.065. [2012 c statements. The department personnel are empowered to 117 § 345; 1991 c 137 § 5; 1979 c 154 § 19; 1967 ex.s. c 121 administer oaths of verification on the statement. [1991 c § 6.] 137 § 7.] Additional notes found at www.leg.wa.gov 69.07.100 Establishments exempted from provisions of chapter.Establishments exempted from provisions

69.07.065 Suspension of license summarily—Reinstatement. 69.07.065 Suspension of license summarily—Rein- of chapter. (1) The provisions of this chapter shall not apply statement. (1) Whenever the director finds an establishment to establishments issued a permit or licensed under the provi- operating under conditions that constitute an immediate dan- sions of: ger to public health or whenever the licensee or any employee (a) Chapter 69.25 RCW, the Washington wholesome of the licensee actively prevents the director or the director's eggs and egg products act; representative, during an onsite inspection, from determining (b) Chapter 69.28 RCW, the Washington state honey act; whether such a condition exists, the director may summarily (c) Chapter 16.49 RCW, the meat inspection act; suspend, pending a hearing, a license provided for in this (d) Chapter 77.65 RCW, relating to the direct retail chapter. endorsement for wild-caught seafood; (2) Whenever a license is summarily suspended, the (e) Chapter 69.22 RCW, relating to cottage food opera- holder of the license shall be notified in writing that the tions; license is, upon service of the notice, immediately suspended (f) Title 66 RCW, relating to alcoholic beverage control; and that prompt opportunity for a hearing will be provided. and (3) Whenever a license is summarily suspended, food (g) Chapter 69.30 RCW, the sanitary control of shellfish processing operations shall immediately cease. However, the act. director may reinstate the license when the condition that (2) If any such establishments process foods not specifi- caused the suspension has been abated to the director's satis- cally provided for in the above entitled acts, the establish- faction. [1991 c 137 § 6.] ments are subject to the provisions of this chapter. [Title 69 RCW—page 24] 2014 Washington Food Processing Act 69.07.170

(3) The provisions of this chapter do not apply to restau- said food is from an unlicensed processing operation. [1991 rants or food service establishments. [2011 c 281 § 13; 2002 c 137 § 8.] c 301 § 10; 1995 c 374 § 22; 1988 c 5 § 4; 1983 c 3 § 168; 1967 ex.s. c 121 § 10.] 69.07.140 Violations—Warning notice. Violations—Warning notice. Nothing in Finding—Effective date—2002 c 301: See notes following RCW this chapter shall be construed as requiring the department to 77.65.510. report for prosecution violations of this chapter when it Additional notes found at www.leg.wa.gov believes that the public interest will best be served by a suitable notice of warning in writing. [1967 ex.s. c 121 § 14.] 69.07.103 Poultry—Slaughter, preparation, sale—One thousand or fewer—Special permit—Rules—Fee. 69.07.103 Poultry—Slaughter, preparation, sale—

69.07.150 Violations—Penalties. One thousand or fewer—Special permit—Rules—Fee. 69.07.150 Violations—Penalties. (1)(a) Except as pro- (1) A special permit issued by the department under this sec- vided in (b) of this subsection, any person violating any pro- tion is required for the slaughter, preparation, and sale of one vision of this chapter or any rule or regulation adopted here- thousand or fewer poultry in a calendar year by a poultry pro- under is guilty of a misdemeanor. ducer for the sale of whole raw poultry directly to the ulti- (b) A second or subsequent violation is a gross misde- mate consumer at the producer's farm. Activities conducted meanor. Any offense committed more than five years after a under the permit are exempt from any other licensing require- previous conviction shall be considered a first offense. ments of this chapter. (2) Whenever the director finds that a person has com- (2)(a) The department must adopt by rule requirements mitted a violation of any of the provisions of this chapter, and for the permit. The requirements must be generally patterned that violation has not been punished pursuant to subsection after those established by the state board of health for tempo- (1) of this section, the director may impose upon and collect rary food service establishments, but must be tailored specif- from the violator a civil penalty not exceeding one thousand ically to poultry slaughter, preparation, and sale activities. dollars per violation per day. Each violation shall be a sepa- The requirements must include, but are not limited to, those rate and distinct offense. [2003 c 53 § 316; 1991 c 137 § 9; for: Cooling procedures, when applicable; sanitary facilities, 1967 ex.s. c 121 § 15.] equipment, and utensils; clean water; washing and other hygienic practices; and waste and wastewater disposal. Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. (b) A permit expires December 31st and may be issued

69.07.160 Authority of director and department under chapter 69.04 RCW not impaired by any provision of chapter 69.07 RCW. for either one or two years as requested by the permit appli- 69.07.160 69.07.160 Authority of director and department cant upon payment of the applicable fee in accordance with subsection (4) of this section. under chapter 69.04 RCW not impaired by any provision of chapter 69.07 RCW. The authority granted to the director (3) The department shall conduct such inspections as are and to the department under the provisions of the Uniform reasonably necessary to ensure compliance with permit Washington Food, Drug, and Cosmetic Act (chapter 69.04 requirements. RCW), as now or hereafter amended, shall not be deemed to (4) The fee for a special permit is seventy-five dollars for be reduced or otherwise impaired as a result of any provision one year, or one hundred twenty-five dollars for two years. or provisions of the Washington Food Processing Act (chap- [2009 c 114 § 1; 2003 c 397 § 2.] ter 69.07 RCW). [1969 c 68 § 4.]

69.07.110 Enforcement of chapter. 69.07.110

69.07.110 Enforcement of chapter. The department 69.07.170 Definitions. 69.07.170 may use all the civil remedies provided for in chapter 69.04 69.07.170 Definitions. As used in RCW 69.07.180 and RCW (The Uniform Washington Food, Drug, and Cosmetic 69.07.190: Act) in carrying out and enforcing the provisions of this chap- (1) "Artesian water" means bottled water from a well ter. [1967 ex.s. c 121 § 11.] tapping a confined aquifer in which the water level stands above the water table. "Artesian water" shall meet the

69.07.120 Disposition of money into food processing inspection account. 69.07.120 Disposition of money into food processing requirements of "natural water." inspection account. All moneys received by the department (2) "Bottled water" means water that is placed in a sealed under the provisions of this chapter, RCW 69.04.345, and container or package and is offered for sale for human con- chapter 69.22 RCW shall be paid into the food processing sumption or other consumer uses. inspection account hereby created within the agricultural (3) "Carbonated water" or "sparkling water" means bot- local fund established in RCW 43.23.230 and shall be used tled water containing carbon dioxide. solely to carry out the provisions of this chapter, RCW (4) "Department" means the department of agriculture. 69.04.345, and chapters 69.22 and 69.04 RCW. [2014 c 98 § (5) "Distilled water" means bottled water that has been 3; 2011 c 281 § 12; 1992 c 160 § 5; 1967 ex.s. c 121 § 12.] produced by a process of distillation and meets the definition Findings—Intent—2014 c 98: See note following RCW 69.04.345. of purified water in the most recent edition of the United States Pharmacopeia.

69.07.135 Unlawful to sell or distribute food from unlicensed processor. 69.07.135 Unlawful to sell or distribute food from (6) "Drinking water" means bottled water obtained from unlicensed processor. It shall be unlawful to resell, to offer an approved source that has at minimum undergone treatment for resale, or to distribute for resale in intrastate commerce consisting of filtration, activated carbon or particulate, and any food processed in a food processing plant, which has not ozonization or an equivalent disinfection process, or that obtained a license, as provided for in this chapter, once noti- meets the requirements of the federal safe drinking water act fication by the director has been given to the person or per- of 1974 as amended and complies with all department of sons reselling, offering, or distributing food for resale, that health rules regarding drinking water. 2014 [Title 69 RCW—page 25] 69.07.180 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(7) "Mineral water" means bottled water that contains that purified water produced by distillation may be labeled as not less than five hundred parts per million total dissolved "distilled water." solids. "Natural mineral water" shall meet the requirements (8) Drinking water may be labeled "drinking water." of "natural water." (9) The use of the word "spring," or any derivative of (8) "Natural water" means bottled spring, mineral, arte- "spring" other than in a trademark, trade name, or company sian, or well water that is derived from an underground for- name, to describe water that is not spring water is prohibited. mation and may be derived from a public water system as (10) A product meeting more than one of the definitions defined in RCW 70.119A.020 only if that supply has a single in RCW 69.07.170 may be identified by any of the applicable source such as an actual spring, artesian well, or pumped product types defined in RCW 69.07.170, except where oth- well, and has not undergone any treatment that changes its erwise specifically prohibited. original chemical makeup except ozonization or an equiva- (11) Supplemental printed information and graphics may lent disinfection process. appear on the label but shall not imply properties of the prod- (9) "Plant operator" means a person who owns or oper- uct or preparation methods that are not factual. [1992 c 34 § ates a bottled water plant. 6.] (10) "Purified water" means bottled water produced by Additional notes found at www.leg.wa.gov distillation, deionization, reverse osmosis, or other suitable

69.07.190 Bottled soft drinks, soda, or seltzer exempt from bottled water labeling requirements. process and that meets the definition of purified water in the 69.07.190 Bottled soft drinks, soda, or seltzer exempt most recent edition of the United States Pharmacopeia. Water from bottled water labeling requirements. Bottled soft that meets this definition and is vaporized, then condensed, drinks, soda, or seltzer products commonly recognized as soft may be labeled "distilled water." drinks and identified on the product identity panel with a (11) "Spring water" means water derived from an under- common or usual name other than one of those specified in ground formation from which water flows naturally to the RCW 69.07.170 are exempt from the requirements of RCW surface of the earth. "Spring water" shall meet the require- 69.07.180. Water that is not in compliance with the requirements of "natural water." ments of RCW 69.07.180 may not be identified, labeled, or (12) "Water dealer" means a person who imports bottled advertised as "artesian water," "bottled water," "distilled water or causes bulk water to be transported for bottling for water," "natural water," "purified water," "spring water," or human consumption or other consumer uses. "well water." [1992 c 34 § 7.] (13) "Well water" means water from a hole bored, Additional notes found at www.leg.wa.gov drilled, or otherwise constructed in the ground that taps the

69.07.900 Chapter is cumulative and nonexclusive. water of an aquifer. "Well water" shall meet the requirements 69.07.900 Chapter is cumulative and nonexclusive. of "natural water." [1992 c 34 § 1.] The provisions of this chapter shall be cumulative and nonex- Additional notes found at www.leg.wa.gov clusive and shall not affect any other remedy. [1967 ex.s. c 121 § 16.]

69.07.180 Bottled water labeling standards. 69.07.180 Bottled water labeling standards. All bot- 69.07.910 Severability—1967 ex.s. c 121. tled water must conform to applicable federal and state label- 69.07.910 Severability—1967 ex.s. c 121. If any pro- ing laws and be labeled in compliance with the following vision of this chapter, or its application to any person or cir- standards: cumstance is held invalid, the remainder of the chapter, or the (1) Mineral water may be labeled "mineral water." Bot- application of the provision to other persons or circumstances tled water to which minerals are added shall be labeled so as is not affected. [1967 ex.s. c 121 § 17.] to disclose that minerals are added, and may not be labeled 69.07.920 Short title. "natural mineral water." 69.07.920 Short title. This chapter shall be known and (2) Spring water may be labeled "spring water" or "natu- designated as the Washington food processing act. [1967 ral spring water." ex.s. c 121 § 18.] (3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas or Chapter 69.10 Chapter 69.10 RCW 69.10 FOOD STORAGE WAREHOUSES from which the gas is mechanically separated and later rein- FOOD STORAGE WAREHOUSES troduced at a level not higher than naturally occurring in the water may bear on its label the words "naturally carbonated" Sections or "naturally sparkling." 69.10.005 Definitions. (4) Bottled water that contains carbon dioxide other than 69.10.010 Inspection of food storage warehouses—Powers of director. 69.10.015 Annual license required—Director's duties—Fee—Applica- that naturally occurring in the source of the product shall be tion—Renewal. labeled with the words "carbonated," "carbonation added," or 69.10.020 Exemption from licensure—Independent inspection—Report "sparkling" if the carbonation is obtained from a natural or to department. 69.10.025 Application for renewal of license after expiration date— manufactured source. Additional fee. (5) Well water may be labeled "well water" or "natural 69.10.030 Director may deny, suspend, or revoke license—Actions by applicant—Hearing required. well water." 69.10.035 Immediate danger to public health—Summarily suspending (6) Artesian water may be labeled "artesian water" or license—Written notification—Hearing—Reinstatement of "natural artesian water." license. 69.10.040 Unlicensed food storage warehouse—Unlawful to sell, offer (7) Purified water may be labeled "purified water" and for sale, or distribute in intrastate commerce. the method of preparation shall be stated on the label, except 69.10.045 Disposition of moneys received under this chapter. [Title 69 RCW—page 26] 2014 Food Storage Warehouses 69.10.030

69.10.050 Civil remedies—Restrictions on civil penalties—Fee limita- department, which shall expire on a date set by rule by the tions for inspections and analyses. 69.10.055 Rules. director. Application for a license or license renewal shall be 69.10.060 Director and deputies, assistants, and inspectors authorized to on a form prescribed by the director and accompanied by the act—May take verified statements. 69.10.900 Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68. license fee. The license fee is fifty dollars. For a food storage warehouse that has been inspected on

69.10.005 Definitions. 69.10.005 Definitions. For the purpose of this chapter: at least an annual basis for compliance with the provisions of (1) "Food storage warehouse" means any premises, the current good manufacturing practices (Title 21 C.F.R. establishment, building, room area, facility, or place, in part 110) by a federal agency or by a state agency acting on whole or in part, where food is stored, kept, or held for behalf of and under contract with a federal agency and that is wholesale distribution to other wholesalers or to retail outlets, not exempted from licensure by RCW 69.10.020, the annual restaurants, and any such other facility selling or distributing license fee for the warehouse is twenty-five dollars. to the ultimate consumer. Food storage warehouses include, The application shall include the full name of the appli- but are not limited to, facilities where food is kept or held cant for the license and the location of the food storage ware- refrigerated or frozen and include facilities where food is house he or she intends to operate. If such applicant is an stored to the account of another firm and/ or is owned by the individual, receiver, trustee, firm, partnership, association, or food storage warehouse. "Food storage warehouse" does not corporation, the full name of each member of the firm or part- include grain elevators or fruit and vegetable storage and nership, or names of the officers of the association or corpo- packing houses that store, pack, and ship fresh fruit and veg- ration must be given on the application. The application shall etables even though they may use refrigerated or controlled further state the principal business address of the applicant in atmosphere storage practices in their operation. However, the state and elsewhere and the name of a person domiciled in this chapter applies to multiple food storage operations that this state authorized to receive and accept service of sum- also distribute or ripen fruits and vegetables. mons of legal notices of all kinds for the applicant. Upon the (2) "Department" means the Washington department of approval of the application by the director and compliance agriculture. with the provisions of this chapter, including the applicable (3) "Director" means the director of the Washington regulations adopted under this chapter by the department, the department of agriculture. applicant shall be issued a license or renewal thereof. The (4) "Food" means the same as defined in RCW director shall waive licensure under this chapter for firms that 69.04.008. are licensed under the provisions of chapter 69.07 or 15.36 (5) "Independent sanitation consultant" means an indi- RCW. [1995 c 374 § 10.] vidual, partnership, cooperative, or corporation that by rea- 69.10.020 Exemption from licensure—Independent inspection—Report to department. son of education, certification, and experience has satisfacto- 69.10.020 Exemption from licensure—Independent rily demonstrated expertise in food and dairy sanitation and is inspection—Report to department. A food storage ware- approved by the director to advise on such areas including, house that is inspected for compliance with the current good but not limited to: Principles of cleaning and sanitizing food manufacturing practices (Title 21 C.F.R. part 110) on at least processing plants and equipment; rodent, insect, bird, and an annual basis by an independent sanitation consultant other pest control; principals [principles] of hazard analysis approved by the department shall be exempted from licensure critical control point; basic food product labeling; principles under this chapter. of proper food storage and protection; proper personnel work A report identifying the inspector and the inspecting practices and attire; sanitary design, construction, and instal- entity, the date of the inspection, and any violations noted on lation of food plant facilities, equipment, and utensils; and such inspection shall be forwarded to the department by the other pertinent food safety issues. [1995 c 374 § 8.] food storage warehouse within sixty days of the completion of the inspection. An inspection shall be conducted and an

69.10.010 Inspection of food storage warehouses—Powers of director. 69.10.010 Inspection of food storage warehouses— inspection report for a food storage warehouse shall be filed Powers of director. The director or his or her representative with the department at least once every twelve months or the may inspect food storage warehouses for compliance with the warehouse shall be licensed under this chapter and inspected provisions of chapter 69.04 RCW and the rules adopted under by the department for a period of two years. [1995 c 374 § chapter 69.04 RCW as deemed necessary by the director. 11.] Any food storage warehouse found to not be in substantial 69.10.025 Application for renewal of license after expiration date—Additional fee. compliance with chapter 69.04 RCW and the rules adopted 69.10.025 Application for renewal of license after under chapter 69.04 RCW will be reinspected as deemed nec- expiration date—Additional fee. If the application for essary by the director to determine compliance. This does not renewal of any license provided for under this chapter is not preclude the director from using any other remedies as pro- filed prior to the expiration date as established by rule by the vided under chapter 69.04 RCW to gain compliance or to director, an additional fee of ten percent of the cost of the embargo products as provided under RCW 69.04.110 to pro- license shall be assessed and added to the original fee and tect the public from adulterated foods. [1995 c 374 § 9.] must be paid by the applicant before the renewal license is issued. [1995 c 374 § 12.]

69.10.015 Annual license required—Director's duties—Fee—Application—Renewal. 69.10.015 Annual license required—Director's 69.10.030 Director may deny, suspend, or revoke license—Actions by applicant—Hearing required. duties—Fee—Application—Renewal. Except as provided 69.10.030 Director may deny, suspend, or revoke in this section and RCW 69.10.020, it shall be unlawful for license—Actions by applicant—Hearing required. The any person to operate a food storage warehouse in the state director may, subsequent to a hearing thereon, deny, suspend, without first having obtained an annual license from the or revoke any license provided for in this chapter if he or she 2014 [Title 69 RCW—page 27] 69.10.035 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.10.050 Civil remedies—Restrictions on civil penalties—Fee limitations for inspections and analyses. determines that an applicant has committed any of the fol- 69.10.050 Civil remedies—Restrictions on civil pen- lowing acts: alties—Fee limitations for inspections and analyses. (1) (1) Refused, neglected, or failed to comply with the pro- Except as provided in subsection (2) of this section, the visions of this chapter, the rules adopted under this chapter, department may use all the civil remedies provided under or any lawful order of the director; chapter 69.04 RCW in carrying out and enforcing the provi- (2) Refused, neglected, or failed to keep and maintain sions of this chapter. records required by this chapter, or to make such records (2) Civil penalties are intended to be used to obtain com- available if requested pursuant to the provisions of this chap- pliance and shall not be collected if a warehouse successfully ter; completes a mutually agreed upon compliance agreement (3) Refused the department access to any portion or area with the department. A warehouse that enters into a compli- of the food storage warehouse for the purpose of carrying out ance agreement with the department shall pay only for the provisions of this chapter; inspections conducted by the department and any laboratory (4) Refused the department access to any records analyses as required by the inspections as outlined and agreed required to be kept under the provisions of this chapter; to in the compliance agreement. In no event shall the fee for (5) Refused, neglected, or failed to comply with any pro- these inspections and analyses exceed four hundred dollars visions of chapter 69.04 RCW, Washington food, drug, and per inspection or one thousand dollars in total. [1995 c 374 § cosmetic act, or any rules adopted under chapter 69.04 RCW. 17.]

The provisions of this section requiring that a hearing be 69.10.055 Rules. 69.10.055 conducted before an action may be taken against a license do 69.10.055 Rules. (1) The department shall enforce and not apply to an action taken under RCW 69.10.035. [1995 c carry out the provisions of this chapter and may adopt the 374 § 13.] necessary rules to carry out its purpose. (2) The adoption of rules under the provisions of this

69.10.035 Immediate danger to public health—Summarily suspending license—Written notification—Hearing—Reinstatement of license. 69.10.035 Immediate danger to public health—Sum- chapter are subject to the applicable provisions of chapter marily suspending license—Written notification—Hear- 34.05 RCW, the administrative procedure act. [1995 c 374 § ing—Reinstatement of license. (1) Whenever the director 18.] finds a food storage warehouse operating under conditions 69.10.060 Director and deputies, assistants, and inspectors authorized to act—May take verified statements. 69.10.060 that constitute an immediate danger to public health or when- 69.10.060 Director and deputies, assistants, and ever the licensee or any employee of the licensee actively inspectors authorized to act—May take verified state- prevents the director or the director's representative, during ments. The director or director's deputies, assistants, and an on-site inspection, from determining whether such a con- inspectors are authorized to do all acts and things necessary dition exists, the director may summarily suspend, pending a to carry out the provisions of this chapter, including the tak- hearing, a license provided for in this chapter. ing of verified statements. The department personnel are empowered to administer oaths of verification on the state- (2) Whenever a license is summarily suspended, the ment. [1995 c 374 § 19.] holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended 69.10.900 Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68. 69.10.900 Effective date—1995 c 374 §§ 1-47, 50-53, and that prompt opportunity for a hearing will be provided. and 59-68. See note following RCW 15.36.012. (3) Whenever a license is summarily suspended, food distribution operations shall immediately cease. However, the director may reinstate the license if the condition that Chapter 69.22 Chapter 69.22 RCW 69.22 COTTAGE FOOD OPERATIONS caused the suspension has been abated to the director's satis- COTTAGE FOOD OPERATIONS faction. [1995 c 374 § 14.] Sections

69.10.040 Unlicensed food storage warehouse—Unlawful to sell, offer for sale, or distribute in intrastate commerce. 69.10.040 Unlicensed food storage warehouse— 69.22.010 Definitions. 69.22.020 Requirements—Authority of director. Unlawful to sell, offer for sale, or distribute in intrastate 69.22.030 Permits, permit renewals. commerce. It is unlawful to sell, offer for sale, or distribute 69.22.040 Basic hygiene inspections. 69.22.050 Annual gross sales—Department to determine annual amount. in intrastate commerce food from or stored in a food storage 69.22.060 Access to permitted areas of domestic residence housing cot- warehouse that is required to be licensed under this chapter tage food operations—Authority of director. but that has not obtained a license, once notification by the 69.22.070 Cottage foods operations permit—Denial, suspension, or revocation. director has been given to the persons selling, offering, or dis- 69.22.080 Application of administrative procedure act. tributing food for sale, that the food is in or from such an unli- 69.22.090 Penalties. censed food storage warehouse. [1995 c 374 § 15.] 69.22.100 Exemption—Provisions of chapter 69.07 RCW or permitting and inspection by local health jurisdiction. 69.22.110 Application of other state or federal laws or local unit of gov- 69.10.045 Disposition of moneys received under this chapter. 69.10.045 Disposition of moneys received under this ernment ordinances not affected. chapter. All moneys received by the department under pro- 69.22.010 Definitions. visions of this chapter, except moneys collected for civil pen- 69.22.010 Definitions. The definitions in this section alties levied under this chapter, shall be paid into an account apply throughout this chapter unless the context clearly created in the agricultural local fund established in RCW requires otherwise. 43.23.230 and shall be used solely to carry out provisions of (1) "Cottage food operation" means a person who pro- this chapter and chapter 69.04 RCW. All moneys collected duces cottage food products only in the home kitchen of that for civil penalties levied under this chapter shall be deposited person's primary domestic residence in Washington and only in the state general fund. [1995 c 374 § 16.] for sale directly to the consumer. [Title 69 RCW—page 28] 2014 Cottage Food Operations 69.22.040

(2) "Cottage food products" means nonpotentially haz- contrast to the background: "Made in a home kitchen that has ardous baked goods; jams, jellies, preserves, and fruit butters not been subject to standard inspection criteria." as defined in 21 C.F.R. Sec. 150 as it existed on July 22, (4) Cottage food products may only be sold directly to 2011; and other nonpotentially hazardous foods identified by the consumer and may not be sold by internet, mail order, or the director in rule. for retail sale outside the state. (3) "Department" means the department of agriculture. (5) Cottage food products must be stored only in the pri- (4) "Director" means the director of the department. mary domestic residence. [2011 c 281 § 2.] (5) "Domestic residence" means a single-family dwell-

69.22.030 Permits, permit renewals. ing or an area within a rental unit where a single person or 69.22.030 Permits, permit renewals. (1) All cottage family actually resides. Domestic residence does not include: food operations must be permitted annually by the depart- (a) A group or communal residential setting within any ment on forms developed by the department. All permits and type of structure; or permit renewals must be made on forms developed by the (b) An outbuilding, shed, barn, or other similar structure. director and be accompanied by an inspection fee as provided (6) "Home kitchen" means a kitchen primarily intended in RCW 69.22.040, a seventy-five dollar public health review for use by the residents of a home. It may contain one or more fee, and a thirty dollar processing fee. All fees must be depos- stoves or ovens, which may be a double oven, designed for ited into the food processing inspection account created in residential use. RCW 69.07.120. (7) "Permitted area" means the portion of a domestic res- (2) In addition to the provision of any information idence housing a home kitchen where the preparation, pack- required by the director on forms developed under subsection aging, storage, or handling of cottage food products occurs. (1) of this section and the payment of all fees, an applicant for (8) "Potentially hazardous food" means foods requiring a permit or a permit renewal as a cottage food operation must temperature control for safety because they are capable of also provide documentation that all individuals to be supporting the rapid growth of pathogenic or toxigenic involved in the preparation of cottage foods [cottage food microorganisms, or the growth and toxin production of Clos- products] have secured a food and beverage service worker's tridium botulinum. [2011 c 281 § 1.] permit under chapter 69.06 RCW. (3) All cottage food operations permitted under this sec- 69.22.020 Requirements—Authority of director. 69.22.020 Requirements—Authority of director. (1) tion must include a signed document attesting, by opting to The director may adopt, by rule, requirements for cottage become permitted, that the permitted cottage food operation food operations. These requirements may include, but are not expressly grants to the director the right to enter the domestic limited to: residence housing the cottage food operation during normal (a) The application and renewal of permits under RCW business hours, or at other reasonable times, for the purposes 69.22.030; of inspections under this chapter. [2011 c 281 § 3.] (b) Inspections as provided under RCW 69.22.040;

69.22.040 Basic hygiene inspections. (c) Sanitary procedures; 69.22.040 Basic hygiene inspections. (1) The permit- (d) Facility, equipment, and utensil requirements; ted area of all cottage food operations must be inspected for (e) Labeling specificity beyond the requirements of this basic hygiene by the director both before initial permitting section; under RCW 69.22.030 and annually after initial permitting. (f) Requirements for clean water sources and waste and In addition, the director may inspect the permitted area of a wastewater disposal; and cottage food operation at any time in response to a foodborne (g) Requirements for washing and other hygienic prac- outbreak or other public health emergency. tices. (2) When conducting an annual basic hygiene inspec- (2) A cottage food operation must package and properly tion, the director shall, at a minimum, inspect for the follow- label for sale to the consumer any food it produces, and the ing: food may not be repackaged, sold, or used as an ingredient in (a) That the permitted cottage food operator understands other foods by a food processing plant, or sold by a food ser- that no person other than the permittee, or a person under the vice establishment. direct supervision of the permittee, may be engaged in the (3) A cottage food operation must place on the label of processing, preparing, packaging, or handling of any cottage any food it produces or packages, at a minimum, the follow- food products or be in the home kitchen during the prepara- ing information: tion, packaging, or handling of any cottage food products; (a) The name and address of the business of the cottage (b) That no cottage food preparation, packaging, or han- food operation; dling is occurring in the home kitchen concurrent with any (b) The name of the cottage food product; other domestic activities such as family meal preparation, (c) The ingredients of the cottage food product, in dishwashing, clothes washing or ironing, kitchen cleaning, or descending order of predominance by weight; guest entertainment; (d) The net weight or net volume of the cottage food (c) That no infants, small children, or pets are in the product; home kitchen during the preparation, packaging, or handling (e) Allergen labeling as specified by the director in rule; of any cottage food products; (f) If any nutritional claim is made, appropriate labeling (d) That all food contact surfaces, equipment, and uten- as specified by the director in rule; sils used for the preparation, packaging, or handling of any (g) The following statement printed in at least the equiv- cottage food products are washed, rinsed, and sanitized alent of eleven-point font size in a color that provides a clear before each use; 2014 [Title 69 RCW—page 29] 69.22.050 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(e) That all food preparation and food and equipment (3) Should the director be denied access to the permitted storage areas are maintained free of rodents and insects; and area of a domestic residence housing a cottage food operation (f) That all persons involved in the preparation and pack- where access was sought for the purposes of enforcing or aging of cottage food products: administering this chapter, the director may apply to any (i) Have obtained a food and beverage service worker's court of competent jurisdiction for a search warrant authoriz- permit under chapter 69.06 RCW; ing access to the permitted area of a domestic residence hous- (ii) Are not going to work in the home kitchen when ill; ing a permitted cottage food operation, upon which the court (iii) Wash their hands before any food preparation and may issue a search warrant for the purposes requested. food packaging activities; and (4) Any access under this section must be limited to the (iv) Avoid bare hand contact with ready-to-eat foods permitted area and further limited to the purpose of enforcing through the use of single-service gloves, bakery papers, or administering this chapter. [2011 c 281 § 6.] tongs, or other utensils. 69.22.070 Cottage foods operations permit—Denial, suspension, or revocation. 69.22.070 (3) The department shall charge an inspection fee of one 69.22.070 Cottage foods operations permit—Denial, hundred twenty-five dollars for any initial or annual basic suspension, or revocation. (1) After conducting a hearing, hygiene inspection, which must be deposited into the food the director may deny, suspend, or revoke any permit pro- processing inspection account created in RCW 69.07.120. An vided for in this chapter if it is determined that a permittee has additional inspection fee must be collected for each visit to a committed any of the following acts: cottage food operation for the purposes of conducting an (a) Refused, neglected, or failed to comply with the pro- inspection for compliance. visions of this chapter, any rules adopted to administer this chapter, or any lawful order of the director; (4) The director may contract with local health jurisdictions to conduct the inspections required under this section. (b) Refused, neglected, or failed to keep and maintain [2011 c 281 § 4.] records required by this chapter, or to make the records available when requested pursuant to the provisions of this chap-

69.22.050 Annual gross sales—Department to determine annual amount. 69.22.050 ter; 69.22.050 Annual gross sales—Department to deter- (c) Consistent with RCW 69.22.060, refused the director mine annual amount. (1) The gross sales of cottage food access to the permitted area of a domestic residence housing products may not exceed an annual amount set by the depart- a cottage food operation for the purpose of carrying out the ment. The determination of the maximum annual gross sales provisions of this chapter; must be computed on the basis of the amount of gross sales (d) Consistent with RCW 69.22.060, refused the depart- within or at a particular domestic residence and may not be ment access to any records required to be kept under the pro- computed on a per person basis within or at an individual visions of this chapter; or domestic residence. (e) Exceeded the annual income limits provided in RCW (2) If gross sales exceed the maximum annual gross sales 69.22.050. amount, the cottage food operation must either obtain a food (2) The director may summarily suspend a permit issued processing plant license under chapter 69.07 RCW or cease under this chapter if the director finds that a cottage food operations. operation is operating under conditions that constitute an (3) A cottage food operation exceeding the maximum immediate danger to public health or if the director is denied annual gross sales amount is not entitled to a full or partial access to the permitted area of a domestic residence housing refund of any fees paid under RCW 69.22.030 or 69.22.040. a cottage food operation and records where the access was (4) The maximum annual gross sales amount must be sought for the purposes of enforcing or administering this established in rule by the department consistent with this sub- chapter. [2011 c 281 § 7.] section. The amount must be set at fifteen thousand dollars

69.22.080 Application of administrative procedure act. until December 31, 2012. Beginning January 1, 2013, the 69.22.080 Application of administrative procedure department must increase the fifteen thousand dollar annual act. The rights, remedies, and procedures respecting the gross sales limit biennially to reflect inflation. The depart- administration of this chapter, including rule making, emer- ment may determine inflation-based increases in any matter it gency actions, and permit suspension, revocation, or denial deems most efficient. are governed by chapter 34.05 RCW. [2011 c 281 § 8.] (5) The director may request in writing documentation to

69.22.090 Penalties. verify the annual gross sales figure. [2011 c 281 § 5.] 69.22.090 Penalties. (1)(a) Any person engaging in a cottage food operation without a valid permit issued under 69.22.060 Access to permitted areas of domestic residence housing cottage food operations—Authority of director. 69.22.060 Access to permitted areas of domestic resi- RCW 69.22.030 or otherwise violating any provision of this dence housing cottage food operations—Authority of chapter, or any rule adopted under this chapter, is guilty of a director. (1) For the purpose of determining compliance misdemeanor. with this chapter, the director may access, for inspection pur- (b) A second or subsequent violation is a gross misde- poses, the permitted area of a domestic residence housing a meanor. Any offense committed more than five years after a cottage food operation permitted by the director under this previous conviction shall be considered a first offense. chapter. This authority includes the authority to inspect any (2) Whenever the director finds that a person has com- records required to be kept under the provisions of this chap- mitted a violation of any of the provisions of this chapter, and ter. that violation has not been punished pursuant to subsection (2) All inspections must be made at reasonable times (1) of this section, the director may impose upon and collect and, when possible, during regular business hours. from the violator a civil penalty not exceeding one thousand [Title 69 RCW—page 30] 2014 Washington Wholesome Eggs and Egg Products Act 69.25.020 dollars per violation per day. Each violation shall be a sepa- 69.25.290 Assessment—Exclusions. rate and distinct offense. [2011 c 281 § 9.] 69.25.300 Transfer of moneys in state egg account. 69.25.310 Containers—Marking required—Obliteration of previous markings required for reuse—Temporary use of another han- 69.22.100 Exemption—Provisions of chapter 69.07 RCW or permitting and inspection by local health jurisdiction. 69.22.100 Exemption—Provisions of chapter 69.07 dler's or dealer's permanent number—Penalty. RCW or permitting and inspection by local health juris- 69.25.320 Records required, additional—Sales to retailer or food service—Exception—Defense to charged violation—Sale of diction. Except as otherwise provided in this chapter, cot- eggs deteriorated due to storage time—Requirements for tage food operations with a valid permit under RCW storage, display, or transportation. 69.22.030 are not subject to the provisions of chapter 69.07 69.25.900 Savings. RCW or to permitting and inspection by a local health juris- 69.25.910 Chapter is cumulative and nonexclusive. diction. [2011 c 281 § 10.] 69.25.920 Severability—1975 1st ex.s. c 201. 69.25.930 Short title.

69.22.110 Application of other state or federal laws or local unit of government ordinances not affected. 69.22.110 Application of other state or federal laws 69.25.010 or local unit of government ordinances not affected. 69.25.010 Legislative finding. Legislative finding. Eggs and egg products Nothing in this chapter affects the application of any other are an important source of the state's total supply of food, and state or federal laws or any applicable ordinances enacted by are used in food in various forms. They are consumed any local unit of government. [2011 c 281 § 11.] throughout the state and the major portion thereof moves in intrastate commerce. It is essential, in the public interest, that

Chapter 69.25 Chapter 69.25 RCW the health and welfare of consumers be protected by the 69.25 WASHINGTON WHOLESOME EGGS AND EGG PRODUCTS ACT adoption of measures prescribed herein for assuring that eggs WASHINGTON WHOLESOME EGGS AND EGG PRODUCTS ACT and egg products distributed to them and used in products consumed by them are wholesome, otherwise not adulterated, Sections and properly labeled and packaged. Lack of effective regula- 69.25.010 Legislative finding. tion for the handling or disposition of unwholesome, other- 69.25.020 Definitions. wise adulterated, or improperly labeled or packaged egg 69.25.030 Purpose—Certain federal rules adopted by reference—Hear- ing, notice by director—Adoption of rules by director. products and certain qualities of eggs is injurious to the pub- 69.25.040 Application of administrative procedure act. lic welfare and destroys markets for wholesome, unadulter- 69.25.050 Egg handler's or dealer's license and number—Branch ated, and properly labeled and packaged eggs and egg prod- license—Application, fee, posting required, procedure. 69.25.060 Egg handler's or dealer's license—Late renewal fee. ucts and results in sundry losses to producers and processors, 69.25.065 Egg handler's or dealer's license—Renewal applications—Egg as well as injury to consumers. Unwholesome, otherwise and egg products provided in intrastate commerce produced by commercial egg layer operations—Proof. adulterated, or improperly labeled or packaged products can 69.25.070 Egg handler's or dealer's license—Denial, suspension, revoca- be sold at lower prices and compete unfairly with the whole- tion, or conditional issuance. some, unadulterated, and properly labeled and packaged 69.25.080 Continuous inspection at processing plants—Exemptions— Condemnation and destruction of adulterated eggs and egg products, to the detriment of consumers and the public gener- products—Reprocessing—Appeal—Inspections of egg han- ally. It is hereby found that all egg products and the qualities dlers. of eggs which are regulated under this chapter are either in 69.25.090 Sanitary operation of official plants—Inspection refused if requirements not met. intrastate commerce, or substantially affect such commerce, 69.25.100 Egg products—Pasteurization—Labeling requirements— and that regulation by the director, as contemplated by this False or misleading labels or containers—Director may order use of withheld—Hearing, determination, and appeal. chapter, is appropriate to protect the health and welfare of 69.25.103 Eggs or egg products—In-state production—Associated com- consumers. [1975 1st ex.s. c 201 § 2.] mercial egg layer operation compliance with applicable standards. 69.25.020 Definitions. 69.25.107 Commercial egg layer operations—Requirements. 69.25.020 Definitions. The definitions in this section 69.25.110 Prohibited acts and practices. 69.25.120 Director to cooperate with other agencies—May conduct apply throughout this chapter unless the context clearly oth- examinations. erwise requires. 69.25.130 Eggs or egg products not intended for use as human food— Identification or denaturing required. (1) "Adulterated" applies to any egg or egg product 69.25.140 Records required, access to and copying of. under one or more of the following circumstances: 69.25.150 Penalties—Liability of employer—Defense. 69.25.155 Interference with person performing official duties. (a) If it bears or contains any poisonous or deleterious 69.25.160 Notice of violation—May take place of prosecution. substance that may render it injurious to health; but in case 69.25.170 Exemptions permitted by rule of director. the substance is not an added substance, such article is not 69.25.180 Limiting entry of eggs and egg products into official plants. 69.25.190 Embargo of eggs or egg products in violation of this chapter— considered adulterated under this clause if the quantity of Time limit—Removal of official marks. such substance in or on such article does not ordinarily render 69.25.200 Embargo—Petition for court order affirming—Removal of it injurious to health; embargo or destruction or correction and release—Court costs, fees, administrative expenses—Bond may be required. (b) If it bears or contains any added poisonous or added 69.25.210 Embargo—Order affirming not required, when. deleterious substance (other than one which is: (i) A pesticide 69.25.220 Embargo—Consolidation of petitions. 69.25.230 Embargo—Sampling of article. chemical in or on a raw agricultural commodity; (ii) a food 69.25.240 Condemnation—Recovery of damages restricted. additive; or (iii) a color additive) which may, in the judgment 69.25.250 Assessment—Rate, applicability, time of payment— of the director, make such article unfit for human food; Reports—Contents, frequency—Exemption. 69.25.260 Assessment—Prepayment by purchase of egg seals—Permit (c) If it is, in whole or in part, a raw agricultural com- for printing seal on containers or labels. modity and such commodity bears or contains a pesticide 69.25.270 Assessment—Monthly payment—Audit—Failure to pay, penalty. chemical which is unsafe within the meaning of RCW 69.25.280 Assessment—Use of proceeds. 69.04.392, as enacted or hereafter amended; 2014 [Title 69 RCW—page 31] 69.25.020 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(d) If it bears or contains any food additive which is (9) "Consumer" means any person who purchases eggs unsafe within the meaning of RCW 69.04.394, as enacted or for his or her own family use or consumption; or any restau- hereafter amended; rant, hotel, boarding house, bakery, or other institution or (e) If it bears or contains any color additive which is concern which purchases eggs for serving to guests or unsafe within the meaning of RCW 69.04.396; however, an patrons thereof, or for its own use in cooking or baking. article which is not otherwise deemed adulterated under (c), (10) "Container" or "package" includes any box, can, tin, (d), or (e) of this subsection are nevertheless deemed adulter- plastic, or other receptacle, wrapper, or cover. ated if use of the pesticide chemical, food additive, or color (11) "Department" means the department of agriculture additive, in or on such article, is prohibited by regulations of of the state of Washington. the director in official plants; (12) "Director" means the director of the department or (f) If it consists in whole or in part of any filthy, putrid, his duly authorized representative. or decomposed substance, or if it is otherwise unfit for human food; (13) "Dirty egg" means an egg that has a shell that is unbroken and has adhering dirt or foreign material. (g) If it consists in whole or in part of any damaged egg or eggs to the extent that the egg meat or white is leaking, or (14) "Egg" means the shell egg of the domesticated it has been contacted by egg meat or white leaking from other chicken, turkey, duck, goose, or guinea, or any other specie eggs; of fowl. (h) If it has been prepared, packaged, or held under (15) "Egg handler" or "dealer" means any person who insanitary conditions whereby it may have become contami- produces, contracts for or obtains possession or control of nated with filth, or whereby it may have been rendered inju- any eggs or egg products for the purpose of sale to another rious to health; dealer or retailer, or for processing and sale to a dealer, (i) If it is an egg which has been subjected to incubation retailer or consumer. For the purpose of this chapter, "sell" or or the product of any egg which has been subjected to incuba- "sale" includes the following: Offer for sale, expose for sale, tion; have in possession for sale, exchange, barter, trade, or as an (j) If its container is composed, in whole or in part, of inducement for the sale of another product. any poisonous or deleterious substance which may render the (16)(a) "Egg product" means any dried, frozen, or liquid contents injurious to health; eggs, with or without added ingredients, excepting products (k) If it has been intentionally subjected to radiation, which contain eggs only in a relatively small proportion, or unless the use of the radiation was in conformity with a regu- historically have not been, in the judgment of the director, lation or exemption in effect pursuant to RCW 69.04.394; or considered by consumers as products of the egg food indus- (l) If any valuable constituent has been in whole or in try, and which may be exempted by the director under such part omitted or abstracted therefrom; or if any substance has conditions as the director may prescribe to assure that the egg been substituted, wholly or in part therefor; or if damage or ingredients are not adulterated and are not represented as egg inferiority has been concealed in any manner; or if any sub- products. stance has been added thereto or mixed or packed therewith (b) The following products are not included in the defini- so as to increase its bulk or weight, or reduce its quality or tion of "egg product" if they are prepared from eggs or egg strength, or make it appear better or of greater value than it is. products that have been either inspected by the United States (2) "Ambient temperature" means the atmospheric tem- department of agriculture or by the department under a coop- perature surrounding or encircling shell eggs. erative agreement with the United States department of agri- (3) "At retail" means any transaction in intrastate com- culture: Freeze-dried products, imitation egg products, egg merce between a retailer and a consumer. substitutes, dietary foods, dried no-bake custard mixes, egg- (4) "Business licensing system" means the mechanism nog mixes, acidic dressings, noodles, milk and egg dip, cake established by chapter 19.02 RCW by which business mixes, French toast, balut and other similar ethnic delicacies, licenses, endorsed for individual state-issued licenses, are and sandwiches containing eggs or egg products. issued and renewed utilizing a business license application (17) "Immediate container" means any consumer pack- and a business license expiration date common to each age, or any other container in which egg products, not con- renewable license endorsement. sumer-packaged, are packed. (5) "Candling" means the examination of the interior of (18) "Incubator reject" means an egg that has been sub- eggs by the use of transmitted light used in a partially dark jected to incubation and has been removed from incubation room or place. during the hatching operations as infertile or otherwise (6) "Capable of use as human food" applies to any egg or unhatchable. egg product unless it is denatured, or otherwise identified, as (19) "Inedible" means eggs of the following descrip- required by regulations prescribed by the director, to deter its tions: Black rots, yellow rots, white rots, mixed rots (addled use as human food. eggs), sour eggs, eggs with green whites, eggs with stuck (7) "Check" means an egg that has a broken shell or yolks, moldy eggs, musty eggs, eggs showing blood rings, crack in the shell but has its shell membranes intact and con- and eggs containing embryo chicks (at or beyond the blood tents not leaking. ring stage). (8) "Clean and sound shell egg" means any egg whose (20) "Inspection" means the application of such inspec- shell is free of adhering dirt or foreign material and is not tion methods and techniques as are deemed necessary by the cracked or broken. director to carry out the provisions of this chapter. [Title 69 RCW—page 32] 2014 Washington Wholesome Eggs and Egg Products Act 69.25.050

(21) "Inspector" means any employee or official of the teurizing, stabilizing, cooling, freezing, drying, or packaging department authorized to inspect eggs or egg products under egg products. the authority of this chapter. (37) "Restricted egg" means any check, dirty egg, incu- (22) "Intrastate commerce" means any eggs or egg prod- bator reject, inedible, leaker, or loss. ucts in intrastate commerce, whether such eggs or egg prod- (38) "Retailer" means any person in intrastate commerce ucts are intended for sale, held for sale, offered for sale, sold, who sells eggs to a consumer. stored, transported, or handled in this state in any manner and (39) "Shipping container" means any container used in prepared for eventual distribution in this state, whether at packaging a product packed in an immediate container. wholesale or retail. [2013 c 144 § 44. Prior: 2011 c 306 § 1; 1995 c 374 § 25; (23) "Leaker" means an egg that has a crack or break in 1982 c 182 § 42; 1975 1st ex.s. c 201 § 3.] the shell and shell membranes to the extent that the egg con- Reviser's note: The definitions in this section have been alphabetized tents are exposed or are exuding or free to exude through the pursuant to RCW 1.08.015(2)(k). shell. Effective date—2011 c 306: "This act takes effect August 1, 2012." (24) "Loss" means an egg that is unfit for human food [2011 c 306 § 7.] because it is smashed or broken so that its contents are leak- Additional notes found at www.leg.wa.gov ing; or overheated, frozen, or contaminated; or an incubator reject; or because it contains a bloody white, large meat spots, 69.25.030 Purpose—Certain federal rules adopted by reference—Hearing, Purpose—Certain notice by director—Adoption of rules by director. federal rules adopted a large quantity of blood, or other foreign material. by reference—Hearing, notice by director—Adoption of (25) "Misbranded" applies to egg products that are not rules by director. The purpose of this chapter is to promote labeled and packaged in accordance with the requirements uniformity of state legislation and regulations with the fed- prescribed by regulations of the director under RCW eral egg products inspection act, 21 U.S.C. sec. 1031, et seq., 69.25.100. and regulations adopted thereunder. In accord with such (26) "Official certificate" means any certificate pre- declared purpose, any regulations adopted under the federal scribed by regulations of the director for issuance by an egg products inspection act relating to eggs and egg products, inspector or other person performing official functions under as defined in *RCW 69.25.020 (11) and (12), in effect on July this chapter. 1, 1975, are hereby deemed to have been adopted under the (27) "Official device" means any device prescribed or provisions hereof. Further, to promote such uniformity, any authorized by the director for use in applying any official regulations adopted hereafter under the provisions of the fed- mark. eral egg products inspection act relating to eggs and egg (28) "Official inspection legend" means any symbol pre- products, as defined in *RCW 69.25.020 (11) and (12), and scribed by regulations of the director showing that egg prod- published in the federal register, shall be deemed to have ucts were inspected in accordance with this chapter. been adopted under the provisions of this chapter in accord (29) "Official mark" means the official inspection legend with chapter 34.05 RCW, as now or hereafter amended. The or any other symbol prescribed by regulations of the director director may, however, within thirty days of the publication to identify the status of any article under this chapter. of the adoption of any such regulation under the federal egg (30) "Official plant" means any plant which is licensed products inspection act, give public notice that a hearing will under the provisions of this chapter, at which inspection of be held to determine if such regulations shall not be applica- the processing of egg products is maintained by the United ble under the provisions of this chapter. Such hearing shall be States department of agriculture or by the state under cooper- in accord with the requirements of chapter 34.05 RCW, as ative agreements with the United States department of agri- now or hereafter amended. culture or by the state. The director, in addition to the foregoing, may adopt any (31) "Official standards" means the standards of quality, rule and regulation necessary to carry out the purpose and grades, and weight classes for eggs, adopted under the provi- provisions of this chapter. [1975 1st ex.s. c 201 § 4.] sions of this chapter. *Reviser's note: RCW 69.25.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsections (11) and (12) to subsections (15) and (32) "Pasteurize" means the subjecting of each particle (13), respectively, effective August 1, 2012. RCW 69.25.020 was subse- of egg products to heat or other treatments to destroy harm- quently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsections ful, viable micro-organisms by such processes as may be pre- (15) and (13) to subsections (16) and (14), respectively. scribed by regulations of the director. (33) "Person" means any natural person, firm, partner- 69.25.040 Application of administrative procedure act. Application of administrative procedure ship, exchange, association, trustee, receiver, corporation, act. The adoption, amendment, modification, or revocation and any member, officer, or employee thereof, or assignee for of any rules or regulations under the provisions of this chap- the benefit of creditors. ter, or the holding of a hearing in regard to a license issued or (34) "Pesticide chemical," "food additive," "color addi- which may be issued or denied under the provisions of this tive," and "raw agricultural commodity" have the same mean- chapter, shall be subject to the applicable provisions of chap- ing for purposes of this chapter as prescribed in chapter 69.04 ter 34.05 RCW, the administrative procedure act, as now or RCW. hereafter amended. [1975 1st ex.s. c 201 § 5.] (35) "Plant" means any place of business where egg products are processed. 69.25.050 Egg handler's or dealer's license and number—Branch Egg license—Application, handler's fee, posting required, procedure. or dealer's license and num- (36) "Processing" means manufacturing egg products, ber—Branch license—Application, fee, posting required, including breaking eggs or filtering, mixing, blending, pas- procedure. (1)(a) No person may act as an egg handler or 2014 [Title 69 RCW—page 33] 69.25.060 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons dealer without first obtaining an annual license and perma- tems or cage-free systems or a subsequent version of the nent dealer's number from the department. guidelines recognized by the department in rule; or (b) Application for an egg dealer license and renewal or (b) Operated in strict compliance with any standards, egg dealer branch license must be made through the business adopted by the department in rule, that are equivalent to or licensing system as provided under chapter 19.02 RCW and more stringent than the standards identified in (a) of this sub- expires on the business license expiration date. The annual section. egg dealer license fee is thirty dollars and the annual egg (2) All new and renewal applications submitted under dealer branch license fee is fifteen dollars. A copy of the busi- RCW 69.25.050 before January 1, 2017, must, in addition to ness license issued under chapter 19.02 RCW must be posted complying with subsection (1) of this section, include proof at each location where the licensee operates. The application that all eggs and egg products provided in intrastate com- must include the full name of the applicant for the license, the merce by the applicant are produced by commercial egg layer location of each facility the applicant intends to operate, and, operations whose housing facilities, if built between January if applicable, documentation of compliance with RCW 1, 2012, and December 31, 2016, are either: 69.25.065 or 69.25.103. (a) Approved under, or convertible to, the American (2) If an applicant is an individual, receiver, trustee, firm, humane association facility system plan for enriched colony partnership, association or corporation, the full name of each housing in effect on January 1, 2011, or a subsequent version member of the firm or partnership or the names of the officers of the plan recognized by the department in rule and, in addi- of the association or corporation must be given on the appli- tion, are convertible to the standards identified in RCW cation. The application must further state the principal busi- 69.25.107; or ness address of the applicant in the state and elsewhere and (b) Operated in strict compliance with any standards, the name of a person domiciled in this state authorized to adopted by the department in rule, that are equivalent to or receive and accept service of summons of legal notices of all more stringent than the standards identified in (a) of this sub- kinds for the applicant and any other necessary information section. prescribed by the director. (3) All new and renewal applications submitted under (3) The applicant must be issued a license or renewal RCW 69.25.050 between January 1, 2017, and December 31, under this section upon the approval of the application and 2025, must, in addition to complying with subsection (1) of compliance with the provisions of this chapter, including the this section, include proof that all eggs and egg products pro- applicable rules adopted by the department. vided in intrastate commerce by the applicant are produced (4) The license and permanent egg handler or dealer's by commercial egg layer operations whose housing facilities, number is nontransferable. [2013 c 144 § 45; 2011 c 306 § 2; if built on or after January 1, 2012, are either: 1995 c 374 § 26; 1982 c 182 § 43; 1975 1st ex.s. c 201 § 6.] (a) Approved under the American humane association facility system plan and audit protocol for enriched colony Effective date—2011 c 306: See note following RCW 69.25.020. housing in effect on January 1, 2011, or a subsequent version Business license—Expiration date: RCW 19.02.090. of the plan recognized by the department in rule and, in addi- Business licensing system tion, are operated to the standards identified in RCW definition: RCW 69.25.020. 69.25.107; or to include additional licenses: RCW 19.02.110. (b) Operated in strict compliance with any standards, Additional notes found at www.leg.wa.gov adopted by the department in rule, that are equivalent to or more stringent than the standards identified in (a) of this sub- 69.25.060 Egg handler's or dealer's license—Late renewal fee. 69.25.060 Egg handler's or dealer's license—Late section. renewal fee. If the application for the renewal of an egg han- (4) All new and renewal applications submitted under dler's or dealer's license is not filed before the business RCW 69.25.050 on or after January 1, 2026, must include license expiration date, the business license delinquency fee proof that all eggs and egg products provided in intrastate must be assessed under chapter 19.02 RCW and must be paid commerce by the applicant are produced by commercial egg by the applicant before the renewal license is issued. [2013 c layer operations that are either: 144 § 46; 1982 c 182 § 44; 1975 1st ex.s. c 201 § 7.] (a) Approved under the American humane association Business license facility system plan and audit protocol for enriched colony delinquency fee—Rate—Disposition: RCW 19.02.085. housing in effect on January 1, 2011, or a subsequent version expiration date: RCW 19.02.090. of the plan recognized by the department in rule and, in addition, are operated to the standards identified in RCW 69.25.065 Egg handler's or dealer's license—Renewal applications—Egg Egg and egg products providedhandler's in intrastate commerce produced by commercial egg layeror operations—Proof. dealer's license— 69.25.107; or Renewal applications—Egg and egg products provided in (b) Operated in strict compliance with any standards, intrastate commerce produced by commercial egg layer adopted by the department in rule, that are equivalent to or operations—Proof. (1) All new and renewal applications more stringent than the standards identified in (a) of this sub- submitted under RCW 69.25.050 before January 1, 2026, section. must include proof that all eggs and egg products provided in (5) The following are exempt from the requirements of intrastate commerce by the applicant are produced by com- subsections (2) and (3) of this section: mercial egg layer operations: (a) Applicants with fewer than three thousand laying (a) With a current certification under the 2010 version of chickens; and the united egg producers animal husbandry guidelines for (b) Commercial egg layer operations when producing United States egg laying flocks for conventional cage sys- eggs or egg products from turkeys, ducks, geese, guineas, or [Title 69 RCW—page 34] 2014 Washington Wholesome Eggs and Egg Products Act 69.25.100 other species of fowl other than domestic chickens. [2011 c tions, and records of egg handlers, and the records and inven- 306 § 3.] tory of other persons required to keep records under RCW Effective date—2011 c 306: See note following RCW 69.25.020. 69.25.140, as he or she deems appropriate (and in the case of shell egg packers, packing eggs for the ultimate consumer, at

69.25.070 Egg handler's or dealer's license—Denial, suspension, revocation, or conditional issuance. 69.25.070 Egg handler's or dealer's license—Denial, least once each calendar quarter) to assure that only eggs fit suspension, revocation, or conditional issuance. The for human food are used for such purpose, and otherwise to department may deny, suspend, revoke, or issue a license or a assure compliance by egg handlers and other persons with the conditional license if it determines that an applicant or requirements of RCW 69.25.140, except that the director licensee has committed any of the following acts: shall cause such inspections to be made as he or she deems (1) That the applicant or licensee is violating or has vio- appropriate to assure compliance with such requirements at lated any of the provisions of this chapter or rules and regula- food manufacturing establishments, institutions, and restau- tions adopted thereunder. rants, other than plants processing egg products. Representa- (2) That the application contains any materially false or tives of the director shall be afforded access to all such places misleading statement or involves any misrepresentation by of business for purposes of making the inspections provided any officer, agent, or employee of the applicant. for in this chapter. [2012 c 117 § 346; 1975 1st ex.s. c 201 § (3) That the applicant or licensee has concealed or with- 9.] held any facts regarding any violation of this chapter by any 69.25.090 Sanitary operation of official plants—Inspection refused if requirements not met. officer, agent, or employee of the applicant or licensee. 69.25.090 Sanitary operation of official plants— [1975 1st ex.s. c 201 § 8.] Inspection refused if requirements not met. (1) The operator of each official plant shall operate such plant in accor-

69.25.080 Continuous inspection at processing plants—Exemptions—Condemnation and destruction of adulterated eggs and egg products—Reprocessing—Appeal—Inspections of egg handlers. 69.25.080 Continuous inspection at processing dance with such sanitary practices and shall have such prem- plants—Exemptions—Condemnation and destruction of ises, facilities, and equipment as are required by regulations adulterated eggs and egg products—Reprocessing— promulgated by the director to effectuate the purposes of this Appeal—Inspections of egg handlers. (1) For the purpose chapter, including requirements for segregation and disposi- of preventing the entry into or movement in intrastate com- tion of restricted eggs. merce of any egg product which is capable of use as human (2) The director shall refuse to render inspection to any food and is misbranded or adulterated, the director shall, plant whose premises, facilities, or equipment, or the opera- whenever processing operations are being conducted, unless tion thereof, fail to meet the requirements of this section. under inspection by the United States department of agricul- [1975 1st ex.s. c 201 § 10.] ture, cause continuous inspection to be made, in accordance 69.25.100 Egg products—Pasteurization—Labeling requirements—False or misleading labels or containers—Director may order use of withheld—Hearing, determination, and appeal. with the regulations promulgated under this chapter, of the 69.25.100 Egg products—Pasteurization—Labeling processing of egg products, in each plant processing egg requirements—False or misleading labels or containers— products for commerce, unless exempted under RCW Director may order use of withheld—Hearing, determi- 69.25.170. Without restricting the application of the preced- nation, and appeal. (1) Egg products inspected at any offi- ing sentence to other kinds of establishments within its provi- cial plant under the authority of this chapter and found to be sions, any food manufacturing establishment, institution, or not adulterated shall be pasteurized before they leave the offi- restaurant which uses any eggs that do not meet the require- cial plant, except as otherwise permitted by regulations of the ments of RCW 69.25.170(1)(a) in the preparation of any arti- director, and shall at the time they leave the official plant, cles for human food, shall be deemed to be a plant processing bear in distinctly legible form on their shipping containers or egg products, with respect to such operations. immediate containers, or both, when required by regulations (2) The director, at any time, shall cause such retention, of the director, the official inspection legend and official segregation, and reinspection as he or she deems necessary of plant number, of the plant where the products were pro- eggs and egg products capable of use as human food in each cessed, and such other information as the director may official plant. require by regulations to describe the products adequately (3) Eggs and egg products found to be adulterated at offi- and to assure that they will not have false or misleading label- cial plants shall be condemned, and if no appeal be taken ing. from such determination or condemnation, such articles shall (2) No labeling or container shall be used for egg prod- be destroyed for human food purposes under the supervision ucts at official plants if it is false or misleading or has not of an inspector: PROVIDED, That articles which may by been approved as required by the regulations of the director. reprocessing be made not adulterated need not be condemned If the director has reason to believe that any labeling or the and destroyed if so reprocessed under the supervision of an size or form of any container in use or proposed for use with inspector and thereafter found to be not adulterated. If an respect to egg products at any official plant is false or mis- appeal be taken from such determination, the eggs or egg leading in any particular, he or she may direct that such use products shall be appropriately marked and segregated pend- be withheld unless the labeling or container is modified in ing completion of an appeal inspection, which appeal shall be such manner as he or she may prescribe so that it will not be at the cost of the appellant if the director determines that the false or misleading. If the person using or proposing to use appeal is frivolous. If the determination of condemnation is the labeling or container does not accept the determination of sustained, the eggs or egg products shall be destroyed for the director, such person may request a hearing, but the use of human food purposes under the supervision of an inspector. the labeling or container shall, if the director so directs, be (4) The director shall cause such other inspections to be withheld pending hearing and final determination by the made of the business premises, facilities, inventory, opera- director. Any such determination by the director shall be con- 2014 [Title 69 RCW—page 35] 69.25.103 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons clusive unless, within thirty days after receipt of notice of any form of official certificate or simulation thereof, except such final determination, the person adversely affected as authorized by the director; thereby appeals to the superior court in the county in which (b) Forge or alter any official device, mark, or certificate; such person has its principal place of business. [2012 c 117 § (c) Without authorization from the director, use any offi- 347; 1975 1st ex.s. c 201 § 11.] cial device, mark, or certificate, or simulation thereof, or detach, deface, or destroy any official device or mark; or use 69.25.103 Eggs or egg products—In-state production—Associated commercial egg layer operation compliance with applicable standards. 69.25.103 Eggs or egg products—In-state produc- any labeling or container ordered to be withheld from use tion—Associated commercial egg layer operation compli- under RCW 69.25.100 after final judicial affirmance of such ance with applicable standards. Any egg handler or dealer order or expiration of the time for appeal if no appeal is taken involved with the in-state production of eggs or egg products under said section; only intended for sale outside of the state of Washington must (d) Contrary to the regulations prescribed by the director, ensure that the associated commercial egg layer operation is fail to use, or to detach, deface, or destroy any official device, in compliance with the applicable standards as provided in mark, or certificate; RCW 69.25.065. [2011 c 306 § 4.] (e) Knowingly possess, without promptly notifying the Effective date—2011 c 306: See note following RCW 69.25.020. director or his or her representative, any official device or any counterfeit, simulated, forged, or improperly altered official 69.25.107 Commercial egg layer operations—Requirements. 69.25.107 Commercial egg layer operations— certificate or any device or label, or any eggs or egg products Requirements. (1) All commercial egg layer operations bearing any counterfeit, simulated, forged, or improperly required under RCW 69.25.065 to meet the American altered official mark; humane association facility system plan, or an equivalent to (f) Knowingly make any false statement in any shipper's the plan, must also ensure that all hens in the operation are certificate or other nonofficial or official certificate provided provided with: for in the regulations prescribed by the director; (a) No less than one hundred sixteen and three-tenths (g) Knowingly represent that any article has been square inches of space per hen; and inspected or exempted, under this chapter when in fact it has (b) Access to areas for nesting, scratching, and perching. not been so inspected or exempted; and (2) The requirements of this section apply for any com- (h) Refuse access, at any reasonable time, to any repre- mercial egg layer operation on the same dates that RCW sentative of the director, to any plant or other place of busi- 69.25.065 requires compliance with the American humane ness subject to inspection under any provisions of this chap- association facility system plan or an equivalent to the plan. ter. [2011 c 306 § 5.] (7) No person, while an official or employee of the state Effective date—2011 c 306: See note following RCW 69.25.020. or local governmental agency, or thereafter, shall use to his or her own advantage, or reveal other than to the authorized rep- 69.25.110 Prohibited acts and practices. 69.25.110 Prohibited acts and practices. (1) No per- resentatives of the United States government or the state in son shall buy, sell, or transport, or offer to buy or sell, or offer their official capacity, or as ordered by a court in a judicial or receive for transportation, in any business in intrastate proceeding, any information acquired under the authority of commerce any restricted eggs, capable of use as human food, this chapter concerning any matter which the originator or except as authorized by regulations of the director under such relator of such information claims to be entitled to protection conditions as he or she may prescribe to assure that only eggs as a trade secret. [2012 c 117 § 348; 1975 1st ex.s. c 201 § fit for human food are used for such purpose. 12.] (2) No egg handler shall possess with intent to use, or

69.25.120 Director to cooperate with other agencies—May conduct examinations. use, any restricted eggs in the preparation of human food for 69.25.120 Director to cooperate with other agen- intrastate commerce except that such eggs may be so pos- cies—May conduct examinations. The director shall, sessed and used when authorized by regulations of the direc- whenever he or she determines that it would effectuate the tor under such conditions as he or she may prescribe to assure purposes of this chapter, cooperate with any state, federal, or that only eggs fit for human food are used for such purpose. other governmental agencies in carrying out any provisions (3) No person shall process any egg products for intra- of this chapter. In carrying out the provisions of this chapter, state commerce at any plant except in compliance with the the director may conduct such examinations, investigations, requirements of this chapter. and inspections as he or she determines practicable through (4) No person shall buy, sell, or transport, or offer to buy any officer or employee of any such agency commissioned or sell, or offer or receive for transportation, in intrastate by him or her for such purpose. [2012 c 117 § 349; 1975 1st commerce any egg products required to be inspected under ex.s. c 201 § 13.] this chapter unless they have been so inspected and are

69.25.130 Eggs or egg products not intended for use as human food—Identification or denaturing required. labeled and packaged in accordance with the requirements of 69.25.130 Eggs or egg products not intended for use RCW 69.25.100. as human food—Identification or denaturing required. (5) No operator of any official plant shall allow any egg Inspection shall not be provided under this chapter at any products to be moved from such plant if they are adulterated plant for the processing of any egg products which are not or misbranded and capable of use as human food. intended for use as human food, but such articles, prior to (6) No person shall: their offer for sale or transportation in intrastate commerce, (a) Manufacture, cast, print, lithograph, or otherwise shall be denatured or identified as prescribed by regulations make any device containing any official mark or simulation of the director to deter their use for human food. No person thereof, or any label bearing any such mark or simulation, or shall buy, sell, or transport or offer to buy or sell, or offer or [Title 69 RCW—page 36] 2014 Washington Wholesome Eggs and Egg Products Act 69.25.170 receive for transportation, in intrastate commerce, any Intent—Effective date—2003 c 53: See notes following RCW restricted eggs or egg products which are not intended for use 2.48.180. as human food unless they are denatured or identified as Additional notes found at www.leg.wa.gov required by the regulations of the director. [1975 1st ex.s. c 201 § 14.] 69.25.155 Interference with person performing official duties.Interference with person performing official duties. (1) Notwithstanding any other provision of law, 69.25.140 Records required, access to and copying of. Records required, access to and copying of. any person who forcibly assaults, resists, impedes, intimi- For the purpose of enforcing the provisions of this chapter dates, or interferes with any person while engaged in or on and the regulations promulgated thereunder, all persons account of the performance of his or her official duties under engaged in the business of transporting, shipping, or receiv- this chapter is guilty of a class C felony and shall be punished ing any eggs or egg products in intrastate commerce or in by a fine of not more than five thousand dollars or imprison- interstate commerce, or holding such articles so received, and ment in a state correctional facility for not more than three all egg handlers, shall maintain such records showing, for years, or both. such time and in such form and manner, as the director may (2) Whoever, in the commission of any act described in prescribe, to the extent that they are concerned therewith, the subsection (1) of this section, uses a deadly or dangerous receipt, delivery, sale, movement, and disposition of all eggs weapon is guilty of a class B felony and shall be punished by and egg products handled by them, and shall, upon the a fine of not more than ten thousand dollars or by imprison- request of the director, permit him or her at reasonable times ment in a state correctional facility for not more than ten to have access to and to copy all such records. [2012 c 117 § years, or both. [2003 c 53 § 318.] 350; 1975 1st ex.s. c 201 § 15.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 69.25.150 Penalties—Liability of employer—Defense. Penalties—Liability of employer— 69.25.160 Notice of violation—May take place of prosecution. Defense. (1)(a) Except as provided in (b) of this subsection, 69.25.160 Notice of violation—May take place of any person violating any provision of this chapter or any rule prosecution. Before any violation of this chapter, other than adopted under this chapter is guilty of a misdemeanor. RCW 69.25.155, is reported by the director to any prosecut- (b) A second or subsequent violation is a gross misde- ing attorney for institution of a criminal proceeding, the per- meanor. Any offense committed more than five years after a son against whom such proceeding is contemplated shall be previous conviction shall be considered a first offense. given reasonable notice of the alleged violation and opportu- (2) Whenever the director finds that a person has com- nity to present his or her views orally or in writing with mitted a violation of any of the provisions of this chapter, and regard to such contemplated proceeding. Nothing in this that violation has not been punished pursuant to subsection chapter shall be construed as requiring the director to report (1) of this section, the director may impose upon and collect for criminal prosecution violation of this chapter whenever from the violator a civil penalty not exceeding one thousand he or she believes that the public interest will be adequately dollars per violation per day. Each violation shall be a sepa- served and compliance with this chapter obtained by a suit- rate and distinct offense. able written notice of warning. [2003 c 53 § 319; 1975 1st ex.s. c 201 § 17.] (3) When construing or enforcing the provisions of RCW 69.25.110, the act, omission, or failure of any person acting Intent—Effective date—2003 c 53: See notes following RCW for or employed by any individual, partnership, corporation, 2.48.180. or association within the scope of the person's employment or 69.25.170 Exemptions permitted by rule of director. office shall in every case be deemed the act, omission, or fail- 69.25.170 Exemptions permitted by rule of director. ure of such individual, partnership, corporation, or associa- (1) The director may, by regulation and under such condition, as well as of such person. tions and procedures as he or she may prescribe, exempt from (4) No carrier or warehouse operator shall be subject to specific provisions of this chapter: the penalties of this chapter, other than the penalties for vio- (a) The sale, transportation, possession, or use of eggs lation of RCW 69.25.140, or 69.25.155, by reason of his or which contain no more restricted eggs than are allowed by the her receipt, carriage, holding, or delivery, in the usual course tolerance in the official state standards for consumer grades of business, as a carrier or warehouse operator of eggs or egg for shell eggs; products owned by another person unless the carrier or ware- (b) The processing of egg products at any plant where house operator has knowledge, or is in possession of facts the facilities and operating procedures meet such sanitary which would cause a reasonable person to believe that such standards as may be prescribed by the director, and where the eggs or egg products were not eligible for transportation eggs received or used in the manufacture of egg products under, or were otherwise in violation of, this chapter, or contain no more restricted eggs than are allowed by the offi- unless the carrier or warehouse operator refuses to furnish on cial standards of the state consumer grades for shell eggs, and request of a representative of the director the name and the egg products processed at such plant; address of the person from whom he or she received such (c) The sale of eggs by any poultry producer from his or eggs or egg products and copies of all documents, if there be her own flocks directly to a household consumer exclusively any, pertaining to the delivery of the eggs or egg products to, for use by such consumer and members of his or her house- or by, such carrier or warehouse operator. [2011 c 336 § 836; hold and his or her nonpaying guests and employees, and the 2003 c 53 § 317; 1995 c 374 § 27; 1992 c 7 § 47; 1975 1st transportation, possession, and use of such eggs in accor- ex.s. c 201 § 16.] dance with this subsection; 2014 [Title 69 RCW—page 37] 69.25.180 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(d) The sale of eggs by shell egg packers on his or her expenses as is equitable and which the court deems appropri- own premises directly to household consumers for use by ate in the circumstances. An order for correction and release such consumer and members of his or her household and his may contain such provisions for a bond as the court finds or her nonpaying guests and employees, and the transporta- indicated in the circumstance. [2012 c 117 § 353; 1975 1st tion, possession, and use of such eggs in accordance with this ex.s. c 201 § 21.] subsection; 69.25.210 Embargo—Order affirming not required, when. (e) The sale of eggs by any egg producer with an annual 69.25.210 Embargo—Order affirming not required, egg production from a flock of three thousand hens or less. when. The director need not petition the superior court as (2) The director may modify or revoke any regulation provided for in RCW 69.25.200 if the owner or claimant of granting exemption under this chapter whenever he or she such eggs or egg products agrees in writing to the disposition deems such action appropriate to effectuate the purposes of of such eggs or egg products as the director may order. [1975 this chapter. [2012 c 117 § 351; 1995 c 374 § 28; 1975 1st 1st ex.s. c 201 § 22.] ex.s. c 201 § 18.] 69.25.220 Embargo—Consolidation of petitions. 69.25.220 Additional notes found at www.leg.wa.gov 69.25.220 Embargo—Consolidation of petitions. Two or more petitions under RCW 69.25.200 which pend at

69.25.180 Limiting entry of eggs and egg products into official plants. 69.25.180 Limiting entry of eggs and egg products the same time and which present the same issue and claimant into official plants. The director may limit the entry of eggs hereunder may be consolidated for simultaneous determina- and egg products and other materials into official plants tion by one court of competent jurisdiction, upon application under such conditions as he or she may prescribe to assure to any court of jurisdiction by the director or claimant. [1975 that allowing the entry of such articles into such plants will be 1st ex.s. c 201 § 23.] consistent with the purposes of this chapter. [2012 c 117 § 69.25.230 Embargo—Sampling of article. 352; 1975 1st ex.s. c 201 § 19.] 69.25.230 Embargo—Sampling of article. The claimant in any proceeding by petition under RCW 69.25.200 shall

69.25.190 Embargo of eggs or egg products in violation of this chapter—Time limit—Removal of official marks. 69.25.190 Embargo of eggs or egg products in viola- be entitled to receive a representative sample of the article tion of this chapter—Time limit—Removal of official subject to such proceedings upon application to the court of marks. Whenever any eggs or egg products subject to this competent jurisdiction made at any time after such petition chapter are found by any authorized representative of the and prior to the hearing thereon. [1975 1st ex.s. c 201 § 24.] director upon any premises and there is reason to believe that 69.25.240 Condemnation—Recovery of damages restricted. they are or have been processed, bought, sold, possessed, 69.25.240 Condemnation—Recovery of damages used, transported, or offered or received for sale or transpor- restricted. No state court shall allow the recovery of dam- tation in violation of this chapter, or that they are in any other ages for administrative action for condemnation under the way in violation of this chapter, or whenever any restricted provisions of this chapter, if the court finds that there was eggs capable of use as human food are found by such a repre- probable cause for such action. [1975 1st ex.s. c 201 § 25.] sentative in the possession of any person not authorized to 69.25.250 Assessment—Rate, applicability, time of payment—Reports—Contents, frequency—Exemption. acquire such eggs under the regulations of the director, such 69.25.250 Assessment—Rate, applicability, time of articles may be embargoed by such representative for a rea- payment—Reports—Contents, frequency—Exemption. sonable period but not to exceed twenty days, pending action (1)(a) There is hereby levied an assessment not to exceed under RCW 69.25.200 or notification of any federal or other three mills per dozen eggs entering intrastate commerce, as governmental authorities having jurisdiction over such arti- prescribed by rules issued by the director. The assessment is cles, and shall not be moved by any person from the place at applicable to all eggs entering intrastate commerce, except as which they are located when so detained until released by provided in RCW 69.25.170 and 69.25.290, and must be paid such representative. All official marks may be required by to the director on a monthly basis on or before the tenth day such representative to be removed from such articles before following the month the eggs enter intrastate commerce. they are released unless it appears to the satisfaction of the (b) The director may require reports by egg handlers or director that the articles are eligible to retain such marks. dealers along with the payment of the assessment fee. The [1975 1st ex.s. c 201 § 20.] reports may include any and all pertinent information necessary to carry out the purposes of this chapter.

69.25.200 Embargo—Petition for court order affirming—Removal of embargo or destruction or correction and release—Court costs, fees, administrative expenses—Bond may be required. 69.25.200 Embargo—Petition for court order affirm- (c) The director may, by rule, require egg container man- ing—Removal of embargo or destruction or correction ufacturers to report on a monthly basis all egg containers sold and release—Court costs, fees, administrative expenses— to any egg handler or dealer and bearing such egg handler or Bond may be required. When the director has embargoed dealer's permanent number. any eggs or egg products, he or she shall petition the superior (2) Egg products in intrastate commerce are exempt from court of the county in which the eggs or egg products are the assessment in subsection (1) of this section. [2011 c 306 located for an order affirming such embargo. Such court shall § 6; 1995 c 374 § 29; 1993 sp.s. c 19 § 12; 1975 1st ex.s. c 201 have jurisdiction for cause shown and after a prompt hearing § 26.] to any claimant of eggs or egg products, shall issue an order Effective date—2011 c 306: See note following RCW 69.25.020. which directs the removal of such embargo or the destruction Additional notes found at www.leg.wa.gov or correction and release of such eggs and egg products. An

69.25.260 Assessment—Prepayment by purchase of egg seals—Permit for printing seal on containers or labels. order for destruction or the correction and release of such 69.25.260 Assessment—Prepayment by purchase of eggs and egg products shall contain such provision for the egg seals—Permit for printing seal on containers or payment of pertinent court costs and fees and administrative labels. Any egg handler or dealer may prepay the assessment [Title 69 RCW—page 38] 2014 Washington Wholesome Eggs and Egg Products Act 69.25.320 provided for in RCW 69.25.250 by purchasing Washington ber—Penalty. (1) All containers used by an egg handler or state egg seals from the director to be placed on egg contain- dealer to package eggs shall bear the name and address or the ers showing that the proper assessment has been paid. Any permanent number issued by the director to said egg handler carton manufacturer or printer may apply to the director for a or dealer. Such permanent number shall be displayed in a size permit to place reasonable facsimiles of the Washington state and location prescribed by the director. It shall be a violation egg seals to be imprinted on egg containers or on the identifi- for any egg handler or dealer to use a container that bears the cation labels which show egg grade and size and the name of permanent number of another egg handler or dealer unless the egg handler or dealer. The director shall, from time to such number is totally obliterated prior to use. The director time, prescribe rules and regulations governing the affixing may in addition require the obliteration of any or all markings of seals and he or she is authorized to cancel any such permit that may be on any container which will be used for eggs by issued pursuant to this chapter, whenever he or she finds that an egg handler or dealer. a violation of the terms under which the permit has been (2) Notwithstanding subsection (1) of this section and granted has been violated. [2012 c 117 § 354; 1979 ex.s. c following written notice to the director, licensed egg handlers 238 § 10; 1975 1st ex.s. c 201 § 27.] and dealers may use new containers bearing another handler's Additional notes found at www.leg.wa.gov or dealer's permanent number on a temporary basis, in any event not longer than one year, with the consent of such other 69.25.270 Assessment—Monthly payment—Audit—Failure to pay, penalty. 69.25.270 Assessment—Monthly payment—Audit— handler or dealer for the purpose of using up existing con- Failure to pay, penalty. Every egg handler or dealer who tainer stocks. Sale of container stock shall constitute agree- pays assessments required under the provisions of this chap- ment by the parties to use the permanent number. [1995 c ter on a monthly basis in lieu of seals shall be subject to audit 374 § 30; 1975 1st ex.s. c 201 § 32.] by the director at such frequency as is deemed necessary by Additional notes found at www.leg.wa.gov the director. The cost to the director for performing such

audit shall be chargeable to and payable by the egg handler or 69.25.320 Records required, additional—Sales to retailer or food service—Exception—Defense to charged violation—Sale of eggs deteriorated due to storage time—Requirements for storage, display, or transportation. dealer subject to audit. Failure to pay assessments when due 69.25.320 Records required, additional—Sales to or refusal to pay for audit costs may be cause for a summary retailer or food service—Exception—Defense to charged suspension of an egg handler's or dealer's license and a violation—Sale of eggs deteriorated due to storage time— charge of one percent per month, or fraction thereof shall be Requirements for storage, display, or transportation. (1) added to the sum due the director, for each remittance not In addition to any other records required to be kept and fur- received by the director when due. The conditions and nished the director under the provisions of this chapter, the charges applicable to egg handlers and dealers set forth director may require any person who sells to any retailer, or herein shall also be applicable to payments due the director to any restaurant, hotel, boarding house, bakery, or any insti- for facsimiles of seals placed on egg containers. [1987 c 393 tution or concern which purchases eggs for serving to guests § 16; 1975 1st ex.s. c 201 § 28.] or patrons thereof or for its use in preparation of any food product for human consumption, candled or graded eggs

69.25.280 Assessment—Use of proceeds. 69.25.280 Assessment—Use of proceeds. The pro- other than those of his or her own production sold and deliv- ceeds from assessment fees paid to the director shall be ered on the premises where produced, to furnish that retailer retained for the inspection of eggs and carrying out the provi- or other purchaser with an invoice covering each such sale, sions of this chapter relating to eggs. [1975 1st ex.s. c 201 § showing the exact grade or quality, and the size or weight of 29.] the eggs sold, according to the standards prescribed by the director, together with the name and address of the person by

69.25.290 Assessment—Exclusions. 69.25.290 Assessment—Exclusions. The assessments whom the eggs were sold. The person selling and the retailer provided in this chapter shall not apply to: or other purchaser shall keep a copy of said invoice on file at (1) Sale and shipment to points outside of this state; his or her place of business for a period of thirty days, during (2) Sale to the United States government and its instru- which time the copy shall be available for inspection at all mentalities; reasonable times by the director: PROVIDED, That no (3) Sale to breaking plants for processing into egg prod- retailer or other purchaser shall be guilty of a violation of this ucts; chapter if he or she can establish a guarantee from the person (4) Sale between egg dealers. [1975 1st ex.s. c 201 § 30.] from whom the eggs were purchased to the effect that they, at the time of purchase, conformed to the information required

69.25.300 Transfer of moneys in state egg account. 69.25.300 by the director on such invoice: PROVIDED FURTHER, 69.25.300 Transfer of moneys in state egg account. That if the retailer or other purchaser having labeled any such All moneys in the state egg account, created by *RCW eggs in accordance with the invoice keeps them for such a 69.24.450, at the time of July 1, 1975, shall be transferred to time after they are purchased as to cause them to deteriorate the director and shall be retained and expended for adminis- to a lower grade or standard, and sells them under the label of tering and carrying out the purposes of this chapter. [1975 1st the invoice grade or standard, he or she shall be guilty of a ex.s. c 201 § 31.] *Reviser's note: RCW 69.24.450 was repealed by 1975 1st ex.s. c 201 violation of this chapter. § 40. (2) Each retailer and each distributor shall store shell eggs awaiting sale or display eggs under clean and sanitary 69.25.310 Containers—Marking required—Obliteration of previous markings required for reuse—Temporary use of another handler's or dealer's permanent number—Penalty. 69.25.310 Containers—Marking required—Obliter- conditions in areas free from rodents and insects. Shell eggs ation of previous markings required for reuse—Tempo- must be stored up off the floor away from strong odors, pes- rary use of another handler's or dealer's permanent num- ticides, and cleaners. 2014 [Title 69 RCW—page 39] 69.25.900 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(3) After being received at the point of first purchase, all 69.28.260 "Person" defined. 69.28.270 "Slack-filled" defined. graded shell eggs packed in containers for the purpose of sale 69.28.280 "Deceptive arrangement" defined. to consumers shall be held and transported under refrigera- 69.28.290 "Mislabeled" defined. 69.28.300 "Placard" defined. tion at ambient temperatures no greater than forty-five 69.28.310 "Honey" defined. degrees Fahrenheit (seven and two-tenths degrees Celsius). 69.28.320 "Comb-honey" defined. This provision shall apply without limitation to retailers, 69.28.330 "Extracted honey" defined. 69.28.340 "Crystallized honey" defined. institutional users, dealer/ wholesalers, food handlers, trans- 69.28.350 "Honeydew" defined. portation firms, or any person who handles eggs after the 69.28.360 "Foreign material" defined. point of first purchase. 69.28.370 "Foreign honey" defined. 69.28.380 "Adulterated honey" defined. (4) No invoice shall be required on eggs when packed for 69.28.390 "Serious damage" defined. sale to the United States department of defense, or a compo- 69.28.400 Labeling requirements for artificial honey or mixtures containing honey. nent thereof, if labeled with grades promulgated by the 69.28.410 Embargo on honey or product—Notice by director—Removal. United States secretary of agriculture. [2012 c 117 § 355; 69.28.420 Embargo on honey or product—Court order affirming, 1995 c 374 § 31; 1975 1st ex.s. c 201 § 33.] required—Order for destruction or correction and release— Bond. Additional notes found at www.leg.wa.gov 69.28.430 Consolidation of petitions presenting same issue and claimant. 69.28.440 Sample of honey or product may be obtained—Procedure.

69.25.900 Savings. 69.25.900 69.28.450 Recovery of damages barred if probable cause for embargo. 69.25.900 Savings. The enactment of this chapter shall 69.28.900 Severability—1939 c 199. not have the effect of terminating or in any way modifying 69.28.910 Short title. any liability, civil or criminal, which shall already be in exis- Bees and apiaries: Chapter 15.60 RCW. tence on July 1, 1975. [1975 1st ex.s. c 201 § 35.] Commission merchants, agricultural products: Title 20 RCW.

69.25.910 Chapter is cumulative and nonexclusive. 69.25.910 69.28.020 Enforcement power and duty of director and agents. 69.25.910 Chapter is cumulative and nonexclusive. 69.28.020 Enforcement power and duty of director The provisions of this chapter shall be cumulative and nonex- and agents. The director is hereby empowered, through his clusive and shall not affect any other remedy at law. [1975 or her duly authorized agents, to enforce all provisions of this 1st ex.s. c 201 § 37.] chapter. The director shall have the power to define, promulgate, and enforce such reasonable regulations as he or she 69.25.920 Severability—1975 1st ex.s. c 201. 69.25.920 Severability—1975 1st ex.s. c 201. If any may deem necessary in carrying out the provisions of this provision of this chapter, or its application to any person or chapter. [2012 c 117 § 356; 1939 c 199 § 29; RRS § 6163-29. circumstance is held invalid, the remainder of the chapter, or FORMER PART OF SECTION: 1939 c 199 § 44 now codi- the application of the provision to other persons or circum- fied as RCW 69.28.025.] stances is not affected. [1975 1st ex.s. c 201 § 38.]

69.28.025 Rules and regulations have force of law. 69.28.025 Rules and regulations have force of law. 69.25.930 Short title. 69.25.930 Short title. This act may be known and cited Any rules or regulations promulgated and published by the as the "Washington wholesome eggs and egg products act". director under the provisions of this chapter shall have the [1975 1st ex.s. c 201 § 39.] force and effect of law. [1939 c 199 § 44; RRS § 6163-44. Formerly RCW 69.28.020, part.] Chapter 69.28 Chapter 69.28 RCW 69.28.030 Rules prescribing standards. 69.28 HONEY 69.28.030 HONEY 69.28.030 Rules prescribing standards. The director is hereby authorized, and it shall be his or her duty, upon the Sections taking effect of this chapter and from time to time thereafter, 69.28.020 Enforcement power and duty of director and agents. to adopt, establish, and promulgate reasonable rules and reg- 69.28.025 Rules and regulations have force of law. ulations specifying grades or standards of quality governing 69.28.030 Rules prescribing standards. 69.28.040 Right to enter, inspect, and take samples. the sale of honey: PROVIDED, That, in the interest of unifor- 69.28.050 Containers to be labeled. mity, such grades and standards of quality shall conform as 69.28.060 Requisites of markings. nearly to those established by the United States department of 69.28.070 "Marked" defined—When honey need not be marked. 69.28.080 Purchaser to be advised of standards—Exceptions. agriculture as local conditions will permit. [2012 c 117 § 69.28.090 Forgery, simulation, etc., of marks, labels, etc., unlawful. 357; 1939 c 199 § 24; RRS § 6163-24.] 69.28.095 Unlawful mutilation or removal of seals, marks, etc., used by director. 69.28.040 Right to enter, inspect, and take samples. 69.28.100 Marks for "slack-filled" container. 69.28.040 Right to enter, inspect, and take samples. 69.28.110 Use of used containers. The director or any of his or her duly authorized agents shall 69.28.120 Floral source labels. 69.28.130 Adulterated honey—Sale or offer unlawful. have the power to enter and inspect at reasonable times every 69.28.133 Nonconforming honey—Sale or offer unlawful. place, vehicle, plant, or other place where honey is being pro- 69.28.135 Warning-tagged honey—Movement prohibited. duced, stored, packed, transported, exposed, or offered for 69.28.140 Possession of unlawful honey as evidence. 69.28.170 Inspectors—Prosecutions. sale, and to inspect all such honey and the containers thereof 69.28.180 Violation of rules and regulations unlawful. and to take for inspection such samples of said honey as may 69.28.185 Penalty. be necessary. [2012 c 117 § 358; 1939 c 199 § 28; RRS § 69.28.190 "Director" defined. 69.28.200 "Container" defined. 6163-28.] 69.28.210 "Subcontainer" defined.

69.28.050 Containers to be labeled. 69.28.220 "Section box" defined. 69.28.050 Containers to be labeled. It shall be unlaw- 69.28.230 "Clean and sound containers" defined. 69.28.240 "Pack," "packing," or "packed" defined. ful to deliver for shipment, ship, transport, sell, expose or 69.28.250 "Label" defined. offer for sale any containers or subcontainers of honey within [Title 69 RCW—page 40] 2014 Honey 69.28.180 this state unless they shall be conspicuously marked with the filled". [1939 c 199 § 36; RRS § 6163-36. FORMER PART name and address of the producer or distributor, the net OF SECTION: 1939 c 199 § 10 now codified as RCW weight of the honey, the grade of the honey, and, if imported 69.28.270.] from any foreign country, the name of the country or territory from which the said honey was imported, or if a blend of 69.28.110 Use of used containers. Use of used containers. It shall be unlawful honey, any part of which is foreign honey, the container must to sell, offer, or expose for sale to the consumer any honey in be labeled with the name of the country or territory where any secondhand or used containers which formerly contained such honey was produced and the proportion of each foreign honey, unless all markings as to grade, name and weight have honey used in the blend. [1939 c 199 § 32; RRS § 6163-32.] been obliterated, removed or erased. [1939 c 199 § 37; RRS § 6163-37.] 69.28.060 Requisites of markings. 69.28.060 Requisites of markings. When any mark-

69.28.120 Floral source labels. ings are used or required to be used under this chapter on any 69.28.120 Floral source labels. Any honey which is a container of honey to identify the container or describe the blend of two or more floral types of honey shall not be contents thereof, such markings must be plainly and conspic- labeled as a honey product from any one particular floral uously marked, stamped, stenciled, printed, labeled or source alone. [1939 c 199 § 34; RRS § 6163-34.] branded in the English language, in letters large enough to be

69.28.130 Adulterated honey—Sale or offer unlawful. discernible by any person, on the front, side or top of any con- 69.28.130 Adulterated honey—Sale or offer unlaw- tainer. [1939 c 199 § 35; RRS § 6163-35.] ful. It shall be unlawful for any person to sell, offer or intend

69.28.070 "Marked" defined—When honey need not be marked. for sale any adulterated honey as honey. [1939 c 199 § 26; 69.28.070 69.28.070 "Marked" defined—When honey need not RRS § 6163-26. FORMER PART OF SECTION: 1939 c 199 be marked. The term "marked" shall mean printed in the §§ 27 and 33 now codified as RCW 69.28.133 and English language on the top, front or side of any container 69.28.135.] containing honey: PROVIDED, That it shall not be necessary

69.28.133 Nonconforming honey—Sale or offer unlawful. to mark honey sold by the producer thereof to any distributor, 69.28.133 69.28.133 Nonconforming honey—Sale or offer packer or manufacturer with the net weight, color or grade if unlawful. It shall be unlawful for any person to sell, offer or the honey is to be used in the manufacture of honey products intend for sale any honey which does not conform to the pro- or is to be graded and packaged by the distributor or packer visions of this chapter or any regulation promulgated by the for resale. [1939 c 199 § 21; RRS § 6163-21.] director under this chapter. [1939 c 199 § 27; RRS § 6163-

69.28.080 Purchaser to be advised of standards—Exceptions. 69.28.080 27. Formerly RCW 69.28.130, part.] 69.28.080 Purchaser to be advised of standards—

Exceptions. It shall be unlawful for any person to deliver, 69.28.135 Warning-tagged honey—Movement prohibited. 69.28.135 sell, offer, or expose for sale any honey for human consump- 69.28.135 Warning-tagged honey—Movement pro- tion within the state without notifying the person or persons hibited. It shall be unlawful to move any honey or containers purchasing or intending to purchase the same, of the exact of honey to which any warning tag or notice has been affixed grade or quality of such honey, according to the standards except under authority from the director. [1939 c 199 § 33; prescribed by the director, by stamping or printing on the RRS § 6163-33. Formerly RCW 69.28.130, part.] container of any such honey such grade or quality: PRO- 69.28.140 Possession of unlawful honey as evidence. VIDED, This section shall not apply to honey while it is in 69.28.140 Possession of unlawful honey as evidence. transit in intrastate commerce from one establishment to the Possession by any person, of any honey which is sold, other, to be processed, labeled, or repacked. [1961 c 60 § 1; exposed or offered for sale in violation of this chapter shall be 1957 c 103 § 1; 1949 c 105 § 6; 1939 c 199 § 39; Rem. Supp. prima facie evidence that the same is kept or shipped to the 1949 § 6163-39.] said person, in violation of the provisions of this chapter. [1939 c 199 § 30; RRS § 6163-30.]

69.28.090 Forgery, simulation, etc., of marks, labels, etc., unlawful. 69.28.090 Forgery, simulation, etc., of marks, labels, etc., unlawful. It shall be unlawful to forge, counterfeit, sim- 69.28.170 Inspectors—Prosecutions. Inspectors—Prosecutions. It shall be the ulate, falsely represent or alter without proper authority any duty of the director to enforce this chapter and to appoint and mark, stamp, tab, label, seal, sticker or other identification employment [employ] such inspectors as may be necessary device provided by this chapter. [1961 c 60 § 2; 1939 c 199 therefor. The director shall notify the prosecuting attorneys § 40; RRS § 6163-40. FORMER PART OF SECTION: 1939 for the counties of the state of violations of this chapter c 199 § 41 now codified as RCW 69.28.095.] occurring in their respective counties, and it shall be the duty of the respective prosecuting attorneys immediately to insti-

69.28.095 Unlawful mutilation or removal of seals, marks, etc., used by director. 69.28.095 Unlawful mutilation or removal of seals, tute and prosecute proceeding in their respective counties and marks, etc., used by director. It shall be unlawful to muti- to enforce the penalties provided for by this chapter. [1939 c late, destroy, obliterate, or remove without proper authority, 199 § 43; RRS § 6163-43.] any mark, stamp, tag, label, seal, sticker or other identifica- 69.28.180 Violation of rules and regulations unlawful. tion device used by the director under the provisions of this 69.28.180 Violation of rules and regulations unlaw- chapter. [1939 c 199 § 41; RRS § 6163-41. Formerly RCW ful. It shall be unlawful for any person to violate any rule or 69.28.090, part.] regulation promulgated by the director under the provisions of this chapter. [1939 c 199 § 25; RRS § 6163-25. FORMER 69.28.100 Marks for "slack-filled" container. 69.28.100 Marks for "slack-filled" container. Any PART OF SECTION: 1939 c 199 § 44 now codified in RCW slack-filled container shall be conspicuously marked "slack- 69.28.185.] 2014 [Title 69 RCW—page 41] 69.28.185 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.28.185 Penalty. 69.28.290 "Mislabeled" defined. 69.28.185 Penalty. Any person who violates any of the 69.28.290 "Mislabeled" defined. The term "misla- provisions of this chapter shall be guilty of a misdemeanor, beled" shall mean the placing or presence of any false or mis- and upon violation thereof shall be punishable by a fine of not leading statement, design or device upon, or in connection more than five hundred dollars or imprisonment in the county with, any container or lot of honey, or upon the label, lining jail for a period of not more than six months or by both such or wrapper of any such container, or any placard used in con- fine and imprisonment. [1939 c 199 § 42; RRS § 6163-42. nection therewith, and having reference to such honey. A Formerly RCW 69.28.180, part.] statement, design or device is false and misleading when the honey to which it refers does not conform in every respect to

69.28.190 "Director" defined. 69.28.190 "Director" defined. The term "director" such statement. [1939 c 199 § 12; RRS § 6163-12.] means the director of agriculture of the state of Washington 69.28.300 "Placard" defined. or his or her duly authorized representative. [2012 c 117 § 69.28.300 "Placard" defined. The term "placard" 359; 1939 c 199 § 2; RRS § 6163-2. Formerly RCW means any sign, label or designation, other than an oral des- 69.28.010, part.] ignation, used with any honey as a description or identification thereof. [1939 c 199 § 13; RRS § 6163-13.]

69.28.200 "Container" defined. 69.28.200 "Container" defined. The term "container" 69.28.310 "Honey" defined. shall mean any box, crate, chest, carton, barrel, keg, bottle, 69.28.310 "Honey" defined. The term "honey" as used jar, can or any other receptacle containing honey. [1939 c herein is the nectar of floral exudations of plants, gathered 199 § 3; RRS § 6163-3.] and stored in the comb by honey bees (apis mellifica). It is laevo-rotatory, contains not more than twenty-five percent of

69.28.210 "Subcontainer" defined. 69.28.210 "Subcontainer" defined. The term "sub- water, not more than twenty-five one-hundredths of one per- container" shall mean any section box or other receptacle cent of ash, not more than eight percent of sucrose, its spe- used within a container. [1939 c 199 § 4; RRS § 6163-4.] cific gravity is 1.412, its weight not less than eleven pounds twelve ounces per standard gallon of 231 cubic inches at

69.28.220 "Section box" defined. 69.28.220 "Section box" defined. The term "section sixty-eight degrees Fahrenheit. [1939 c 199 § 14; RRS § box" shall mean the wood or other frame in which bees have 6163-14. Formerly RCW 69.28.010, part.] built a small comb of honey. [1939 c 199 § 5; RRS § 6163- 69.28.320 "Comb-honey" defined. 5.] 69.28.320 "Comb-honey" defined. The term "comb- honey" means honey which has not been extracted from the

69.28.230 "Clean and sound containers" defined. 69.28.230 "Clean and sound containers" defined. comb. [1939 c 199 § 15; RRS § 6163-15.] The term "clean and sound containers" shall mean containers 69.28.330 "Extracted honey" defined. which are virtually free from rust, stains or leaks. [1939 c 69.28.330 "Extracted honey" defined. The term 199 § 6; RRS § 6163-6.] "extracted honey" means honey which has been removed from the comb. [1939 c 199 § 16; RRS § 6163-16.]

69.28.240 "Pack," "packing," or "packed" defined. 69.28.240 "Pack," "packing," or "packed" defined. 69.28.340 "Crystallized honey" defined. The term "pack", "packing", or "packed" shall mean the 69.28.340 "Crystallized honey" defined. The term arrangement of all or part of the subcontainers in any con- "crystallized honey" means honey which has assumed a solid tainer. [1939 c 199 § 7; RRS § 6163-7.] form due to the crystallization of one or more of the natural sugars therein. [1939 c 199 § 17; RRS § 6163-17.]

69.28.250 "Label" defined. 69.28.250 "Label" defined. The term "label" shall 69.28.350 "Honeydew" defined. mean a display of written, printed or graphic matter upon the 69.28.350 "Honeydew" defined. The term "honey- immediate container of any article. [1939 c 199 § 8; RRS § dew" is the saccharine exudation of plants, other than nectar- 6163-8.] ous exudations, gathered and stored in the comb by honey bees (apis mellifica) and is dextrorotatory. [1939 c 199 § 18;

69.28.260 "Person" defined. 69.28.260 "Person" defined. The term "person" RRS § 6163-18. Formerly RCW 69.28.010, part.] includes individual, partnership, corporation and/or associa- 69.28.360 "Foreign material" defined. tion. [1939 c 199 § 9; RRS § 6163-9.] 69.28.360 "Foreign material" defined. The term "foreign material" means pollen, wax particles, insects, or mate-

69.28.270 "Slack-filled" defined. 69.28.270 "Slack-filled" defined. The term "slack- rials not deposited by bees. [1937 c 199 § 19; RRS § 6163- filled" shall mean that the contents of any container occupy 19.] less than ninety-five percent of the volume of the closed con- 69.28.370 "Foreign honey" defined. tainer. [1939 c 199 § 10; RRS § 6163-10. Formerly RCW 69.28.370 "Foreign honey" defined. The term "for- 69.28.100, part.] eign honey" means any honey not produced within the conti- nental United States. [1939 c 199 § 20; RRS § 6163-20.]

69.28.280 "Deceptive arrangement" defined. 69.28.280 "Deceptive arrangement" defined. The 69.28.380 "Adulterated honey" defined. term "deceptive arrangement" shall mean any lot or load, 69.28.380 "Adulterated honey" defined. The term arrangement or display of honey which has in any exposed "adulterated honey" means any honey to which has been surface, honey which is so superior in quality, appearance or added honeydew, glucose, dextrose, molasses, sugar, sugar condition, or in any other respects, to any of that which is syrup, invert sugar, or any other similar product or products, concealed or unexposed as to materially misrepresent any other than the nectar of floral exudations of plants gathered part of the lot, load, arrangement or display. [1939 c 199 § and stored in the comb by honey bees. [1939 c 199 § 22; RRS 11; RRS § 6163-11.] § 6163-22. Formerly RCW 69.28.010, part.] [Title 69 RCW—page 42] 2014 Honey 69.28.910

69.28.390 "Serious damage" defined. 69.28.390 "Serious damage" defined. The term "seri- goed any honey or product, he or she shall, no later than ous damage" means any injury or defect that seriously affects twenty days after the affixing of notice of its embargo, peti- the edibility or shipping quality of the honey. [1939 c 199 § tion the superior court for an order affirming such embargo. 23; RRS § 6163-23.] Such court shall then have jurisdiction, for cause shown and after prompt hearing to any claimant of such honey or prod- 69.28.400 Labeling requirements for artificial honey or mixtures containing honey. 69.28.400 Labeling requirements for artificial honey uct, to issue an order which directs the removal of such or mixtures containing honey. (1) No person shall sell, embargo or the destruction or the correction and release of keep for sale, expose or offer for sale, any article or product such honey or product. An order for destruction or correction in imitation or semblance of honey branded exclusively as and release shall contain such provision for the payment of "honey", "liquid or extracted honey", "strained honey" or pertinent court costs and fees and administrative expenses, as "pure honey". is equitable and which the court deems appropriate in the cir- (2) No person, firm, association, company or corporation cumstances. An order for correction and release may contain shall manufacture, sell, expose or offer for sale, any com- such provision for bond, as the court finds indicated in the pound or mixture branded or labeled exclusively as honey circumstances. [2012 c 117 § 361; 1975 1st ex.s. c 283 § 4.] which shall be made up of honey mixed with any other sub-

stance or ingredient. 69.28.430 69.28.430 Consolidation of petitions presenting same issue and claimant. (3) Whenever honey is mixed with any other substance 69.28.430 Consolidation of petitions presenting same or ingredient and the commodity is to be marketed in imita- issue and claimant. Two or more petitions under this chap- tion or semblance of honey, the product shall be labeled with ter, as now or hereafter amended, which pend at the same the word "artificial" or "imitation" in the same type size and time and which present the same issue and claimant hereun- style as the word "honey"; der, shall be consolidated for simultaneous determination by (4) Whenever any substance or commodity is to be mar- one court of jurisdiction, upon application to any court of keted in imitation or semblance of honey, but contains no jurisdiction by the director or by such claimant. [1975 1st honey, the product shall not be branded or labeled with the ex.s. c 283 § 5.] word "honey" and/or depict thereon a picture or drawing of a

69.28.440 bee, bee hive, or honeycomb; 69.28.440 Sample of honey or product may be obtained—Procedure. (5) Whenever honey is mixed with any other substance 69.28.440 Sample of honey or product may be or ingredient and the commodity is to be marketed, there obtained—Procedure. The claimant in any proceeding by shall be printed on the package containing such compound or petition under this chapter, as now or hereafter amended, mixture a statement giving the ingredients of which it is shall be entitled to receive a representative sample of the made; if honey is one of such ingredients it shall be so stated honey or product subject to such proceeding, upon applica- in the same size type as are the other ingredients; nor shall tion to the court of jurisdiction made at any time after such such compound or mixture be branded or labeled exclusively petition and prior to the hearing thereon. [1975 1st ex.s. c with the word "honey" in any form other than as herein pro- 283 § 6.] vided; nor shall any product in semblance of honey, whether

69.28.450 a mixture or not, be sold, exposed or offered for sale as 69.28.450 Recovery of damages barred if probable cause for embargo. 69.28.450 Recovery of damages barred if probable honey, or branded or labeled exclusively with the word cause for embargo. No state court shall allow the recovery "honey", unless such article is pure honey. [1975 1st ex.s. c of damages for embargo under this chapter, as now or hereaf- 283 § 1.] ter amended, if the court finds that there was probable cause

69.28.410 Embargo on honey or product—Notice by director—Removal. 69.28.410 for such action. [1975 1st ex.s. c 283 § 7.] 69.28.410 Embargo on honey or product—Notice by director—Removal. Whenever the director shall find, or 69.28.900 69.28.900 Severability—1939 c 199. shall have probable cause to believe, that any honey or prod- 69.28.900 Severability—1939 c 199. If any provisions uct subject to the provisions of this chapter, as now or hereaf- of this chapter, or the application thereof to any person or cir- ter amended, is in intrastate commerce, which was introduced cumstance, is held invalid, the remainder of the chapter, and into such intrastate commerce in violation of the provisions the application of such provisions to other persons or circum- of this chapter, as now or hereafter amended, he or she is stances, shall not be affected thereby. If any section, subsec- hereby authorized to affix to such honey or product a notice tion, sentence, clause, or phrase of this chapter is for any rea- placing an embargo on such honey or product, and prohibit- son held to be unconstitutional, such decisions shall not affect ing its sale in intrastate commerce, and no person shall move the validity of the remaining portions of this chapter. The leg- or sell such honey or product without first receiving permis- islature hereby declares that it would have passed this chapter sion from the director to move or sell such honey or product. and each section, subsection, sentence, clause and phrase But if, after such honey or product has been embargoed, the thereof, irrespective of the fact that any one or more of the director shall find that such honey or product does not other sections, subsections, sentences, clauses and phrases be involve a violation of this chapter, as now or hereafter declared unconstitutional. [1939 c 199 § 45; RRS § 6163- amended, such embargo shall be forthwith removed. [2012 c 45.] 117 § 360; 1975 1st ex.s. c 283 § 3.]

69.28.910 69.28.910 Short title. 69.28.420 Embargo on honey or product—Court order affirming, required—Order for destruction or correction and release—Bond. 69.28.420 Embargo on honey or product—Court 69.28.910 Short title. This chapter may be known and order affirming, required—Order for destruction or cor- cited as the Washington state honey act. [1939 c 199 § 1; rection and release—Bond. When the director has embar- RRS § 6163-1.] 2014 [Title 69 RCW—page 43] Chapter 69.30 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

Chapter 69.30 Chapter 69.30 RCW 69.30 SANITARY CONTROL OF SHELLFISH (10) "Shellfish" means all varieties of fresh and frozen SANITARY CONTROL OF SHELLFISH oysters, mussels, clams, and scallops, either shucked or in the Sections shell, and any fresh or frozen edible products thereof. 69.30.005 Purpose. (11) "Shellfish growing areas" means the lands and 69.30.010 Definitions. waters in and upon which shellfish are grown for harvesting 69.30.020 Approved shellfish tag or label—Requirement to sell or offer in commercial quantity or for sale for human consumption. to sell shellfish. 69.30.030 Rules and regulations—Duties of state board of health. (12) "Shellstock" means live molluscan shellfish in the 69.30.050 Shellfish growing areas—Requirements to harvest—Certifi- shell. [2011 c 194 § 1; 2001 c 253 § 5; 1995 c 147 § 1; 1991 cates of approval. 69.30.060 Certificates of approval—Culling, shucking, packing estab- c 3 § 303; 1989 c 200 § 1; 1985 c 51 § 1; 1979 c 141 § 70; lishments. 1955 c 144 § 1.] 69.30.070 Certificates of approval—Compliance with other laws and Reviser's note: The definitions in this section have been alphabetized rules required. pursuant to RCW 1.08.015(2)(k). 69.30.080 Licenses or certificates of approval—Department may deny, revoke, or suspend. 69.30.085 License, certificate of approval—Denial, revocation, suspen- 69.30.020 Approved shellfish tag or label—Requirement to sell or offer to sell shellfish. sion—Prohibited acts—Penalties. 69.30.020 Approved shellfish tag or label—Require- 69.30.110 Possession or sale in violation of chapter—Enforcement—Sei- ment to sell or offer to sell shellfish. It is unlawful to sell or zure—Disposal. offer to sell shellfish in this state unless the shellfish bear an 69.30.120 Inspection by department—Access to regulated business or entity—Administrative inspection warrant. approved shellfish tag or label indicating compliance with the 69.30.130 Water pollution laws and rules applicable. sanitary requirements of this state or a state, territory, prov- 69.30.140 Penalties. ince, or country of origin whose requirements are equal or 69.30.145 Civil penalties. 69.30.150 Civil penalties—General provisions. comparable to those established pursuant to this chapter. The 69.30.900 Severability—1955 c 144. department, a fish and wildlife officer, or an ex officio fish Shellfish: Chapter 77.60 RCW. and wildlife officer may immediately seize containers of shellfish that are not affixed with an approved shellfish tag or 69.30.005 Purpose. 69.30.005 Purpose. The purpose of this chapter is to label. [2011 c 194 § 2; 1955 c 144 § 2.] provide for the sanitary control of shellfish. Protection of the public health requires assurances that commercial shellfish 69.30.030 Rules and regulations—Duties of state board of health.Rules and regulations—Duties of state are harvested only from approved growing areas and that pro- board of health. (1) The state board of health shall adopt cessing of shellfish is conducted in a safe and sanitary man- rules governing the sanitation of shellfish, shellfish growing ner. [1989 c 200 § 2.] areas, and shellfish plant facilities and operations in order to protect public health and carry out the provisions of this 69.30.010 Definitions. 69.30.010 69.30.010 Definitions. The definitions in this section chapter. Such rules and regulations may include reasonable apply throughout this chapter unless the context clearly sanitary requirements relative to the quality of shellfish requires otherwise. growing waters and areas, boat and barge sanitation, building (1) "Approved shellfish tag or label" means a tag or label construction, water supply, sewage and waste water disposal, meeting the requirements of the national shellfish sanitation lighting and ventilation, insect and rodent control, shell dis- program model ordinance. posal, garbage and waste disposal, cleanliness of establish- (2) "Commercial quantity" means any quantity exceed- ment, the handling, storage, construction and maintenance of ing: (a) Forty pounds of mussels; (b) one hundred oysters; (c) equipment, the handling, storage and refrigeration of shell- fourteen horse clams; (d) six geoducks; (e) fifty pounds of fish, the identification of containers, and the handling, main- hard or soft shell clams; or (f) fifty pounds of scallops. The tenance, and storage of permits, certificates, and records poundage in this subsection (2) constitutes weight with the regarding shellfish taken under this chapter. The state board shell. of health shall adopt rules governing procedures for the dis- (3) "Department" means the state department of health. position of seized shellfish. (4) "Establishment" means the buildings, together with (2) The state board of health shall consider the most the necessary equipment and appurtenances, used for the recent version of the national shellfish sanitation program storage, culling, shucking, packing and/or shipping of shell- model ordinance, adopted by the interstate shellfish sanita- fish in commercial quantity or for sale for human consumption conference, when adopting rules. [2011 c 194 § 3; 1995 tion. c 147 § 2; 1955 c 144 § 3.] (5) "Ex officio fish and wildlife officer" means an ex

officio fish and wildlife officer as defined in RCW 77.08.010. 69.30.050 Shellfish growing areas—Requirements to harvest—Certificates of approval. (6) "Fish and wildlife officer" means a fish and wildlife 69.30.050 Shellfish growing areas—Requirements to officer as defined in RCW 77.08.010. harvest—Certificates of approval. (1) It is unlawful for a (7) "Person" means any individual, partnership, firm, person to harvest shellfish from shellfish growing areas in a company, corporation, association, or the authorized agents commercial quantity or for sale for human consumption of any such entities. unless the shellfish growing area: (8) "Sale" means to sell, offer for sale, barter, trade, (a) Has a valid certificate of approval; and deliver, consign, hold for sale, consignment, barter, trade, or (b) Meets the requirements of this chapter and the rules delivery, and/or possess with intent to sell or dispose of in adopted under this chapter. any commercial manner. (2) A person may not remove shellfish in a commercial (9) "Secretary" means the secretary of health or his or her quantity or for sale for human consumption from a shellfish authorized representatives. growing area in the state of Washington unless: [Title 69 RCW—page 44] 2014 Sanitary Control of Shellfish 69.30.110

(a) The person has received a certificate of approval for rules of the state board of health. [2011 c 194 § 5; 1985 c 51 the shellfish growing area from the department; and § 3; 1955 c 144 § 6.] (b) Approved shellfish tags are affixed to each container 69.30.070 Certificates of approval—Compliance with other laws and rules required. of shellstock prior to removal from the shellfish growing 69.30.070 Certificates of approval—Compliance area, except bulk tagging is permitted as allowed in the with other laws and rules required. Any certificate of national shellfish sanitation program model ordinance. approval issued under the provisions of this chapter shall not (3) Before issuing a certificate of approval, the depart- relieve any person from complying with the laws, rules ment shall inspect the shellfish growing area. The department and/ or regulations of the department of fish and wildlife, rel- shall issue a certificate of approval if the area meets the ative to shellfish. [1994 c 264 § 40; 1955 c 144 § 7.] requirements of this chapter and the rules adopted under this 69.30.080 Licenses or certificates of approval—Department may deny, revoke, or suspend. chapter. 69.30.080 Licenses or certificates of approval— (4) A certificate of approval is valid for a period of Department may deny, revoke, or suspend. (1) The twelve months. The department may revoke a certificate of department may deny, revoke, or suspend a person's license approval at any time the area is found out of compliance with or certificate of approval for: the requirements of this chapter or the rules adopted under (a) Violations of this chapter or the rules adopted under this chapter. this chapter; or (5) It is unlawful to remove shellfish from shellfish (b) Harassing or threatening an authorized representative growing areas without a certificate of approval in a commer- of the department during the performance of his or her duties. cial quantity for purposes other than human consumption, (2) RCW 43.70.115 governs notice of a license denial, including but not limited to use as bait or seed, unless: revocation, suspension, or modification and provides the (a) The shellfish operation and shellfish growing area is right to an adjudicative proceeding. [2011 c 194 § 6; 1991 c readily available to monitoring and inspections; and 3 § 304; 1989 c 175 § 125; 1979 c 141 § 71; 1955 c 144 § 8.] (b) The department has determined the shellfish opera- Additional notes found at www.leg.wa.gov

tion is designed to ensure that shellfish harvested from such 69.30.085 License, certificate of approval—Denial, revocation, suspension—Prohibited acts—Penalties. 69.30.085 an area is not diverted for human consumption. 69.30.085 License, certificate of approval—Denial, (6) Nothing in this section prohibits a person from revocation, suspension—Prohibited acts—Penalties. (1) removing shellfish for use as bait or seed from an approved A person, or its director or officer, whose license or certifi- shellfish growing area. cate of approval is denied, revoked, or suspended as a result of violations of this chapter or rules adopted under this chap- (7) The department's certificate of approval to harvest ter may not: shellfish for purposes other than human consumption shall (a) Supervise, be employed by, or manage a shellfish specify: operation licensed or certified under this chapter or rules (a) The date or dates and time of harvest; adopted under this chapter; (b) All applicable conditions of harvest; (b) Participate in the harvesting, shucking, packing, or (c) Identification by tagging, dying, or other department- shipping of shellfish in commercial quantities or for sale; approved means; and (c) Participate in the brokering of shellfish, purchase of (d) Information about the removal method, transporta- shellfish for resale, or retail sale of shellfish; or tion method, processing technique, sale details, and other fac- (d) Engage in any activity associated with selling or tors to ensure that shellfish harvested from such areas are not offering to sell shellfish. diverted for human consumption. [2011 c 194 § 4; 1995 c (2) Subsections (1)(c) and (d) of this section do not apply 147 § 3; 1985 c 51 § 2; 1955 c 144 § 5.] to retail purchases of shellfish for personal use. (3) Subsection (1) of this section applies to a person only 69.30.060 Certificates of approval—Culling, shucking, packing establishments. 69.30.060 Certificates of approval—Culling, shuck- during the period of time in which that person's license or cer- ing, packing establishments. (1) It is unlawful for a person tificate of approval is denied, revoked, or suspended. to cull, shuck, or pack shellfish in the state of Washington in (4) Unlawful operations under subsection (1) of this sec- a commercial quantity or for sale for human consumption tion when a license or certificate of approval is denied, unless the establishment in which such operations are con- revoked, or suspended is a class C felony. Upon conviction, ducted has been certified by the department as meeting the the department shall order that the person's license or certifi- requirements of the state board of health. cate of approval be revoked for a period of at least five years, (2) A person may not cull, shuck, or pack shellfish or that a person whose application for a license or certificate within the state of Washington in a commercial quantity or of approval was denied be ineligible to reapply for a period of for sale for human consumption, unless the person has at least five years. received a certificate of approval from the department for the (5) A license or certificate of approval issued under this establishment in which such operations will be done. chapter may not be assigned or transferred in any manner (3) Before issuing a certificate of approval, the depart- without department approval. [2011 c 194 § 7; 1998 c 44 § ment shall inspect the establishment, and if the establishment 1.] meets the rules of the state board of health, the department

69.30.110 Possession or sale in violation of chapter—Enforcement—Seizure—Disposal. shall issue a certificate of approval. Such certificates of 69.30.110 Possession or sale in violation of chapter— approval shall be issued for a period not to exceed twelve Enforcement—Seizure—Disposal. (1) It is unlawful for months, and may be revoked at any time the establishment or any person to possess a commercial quantity of shellfish or to the operations are found not to be in compliance with the sell or offer to sell shellfish in the state which have not been 2014 [Title 69 RCW—page 45] 69.30.120 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons grown, shucked, packed, or shipped in accordance with the lution of waters of the state shall apply in the control of pol- provisions of this chapter. Failure of a shellfish grower to dis- lution of shellfish growing areas. [1955 c 144 § 13.] play a certificate of approval, or department-approved equiv-

69.30.140 Penalties. alent, issued under RCW 69.30.050 to an authorized repre- 69.30.140 Penalties. Except as provided in RCW sentative of the department, a fish and wildlife officer, or an 69.30.085(4), any person convicted of violating any of the ex officio fish and wildlife officer subjects the grower to the provisions of this chapter shall be guilty of a gross misde- penalty provisions of this chapter, as well as seizure and dis- meanor. A conviction is an unvacated forfeiture of bail or position, up to and including disposal, of the shellfish by the collateral deposited to secure the defendant's appearance in representative or officer. court, the payment of a fine, a plea of guilty, or a finding of (2) Failure of a shellfish processor to display a certificate guilt on a violation of this chapter or rules adopted under this of approval issued under RCW 69.30.060 to an authorized chapter, regardless of whether imposition of sentence is representative of the department, a fish and wildlife officer, deferred or the penalty is suspended, and shall be treated as a or an ex officio fish and wildlife officer subjects the proces- conviction for purposes of license revocation and suspension sor to the penalty provisions of this chapter, as well as seizure of privileges under *RCW 77.15.700(5). [2011 c 194 § 9; and disposition, up to and including disposal, of the shellfish 2001 c 253 § 7; 1995 c 147 § 6; 1985 c 51 § 6; 1955 c 144 § by the representative or officer. [2011 c 194 § 8; 2001 c 253 14.] § 6; 1995 c 147 § 4; 1985 c 51 § 4; 1979 c 141 § 74; 1955 c *Reviser's note: RCW 77.15.700 was amended by 2003 c 386 § 2, 144 § 11.] deleting subsection (5).

69.30.145 Civil penalties. 69.30.145 69.30.120 Inspection by department—Access to regulated business or entity—Administrative inspection warrant. 69.30.145 Civil penalties. As limited by RCW 69.30.120 Inspection by department—Access to regulated business or entity—Administrative inspection 69.30.150, the department may impose civil penalties for vio- warrant. The department may enter and inspect any shell- lations of standards set forth in this chapter or rules adopted under RCW 69.30.030. [1989 c 200 § 3.] fish growing area or establishment for the purposes of deter-

mining compliance with this chapter and rules adopted under 69.30.150 Civil penalties—General provisions. 69.30.150 this chapter. The department may inspect all shellfish, all per- 69.30.150 Civil penalties—General provisions. (1) In mits, all certificates of approval and all records. addition to any other penalty provided by law, every person During such inspections the department shall have free who violates standards set forth in this chapter or rules and unimpeded access to all buildings, yards, warehouses, adopted under RCW 69.30.030 is subject to a penalty of not storage and transportation facilities, vehicles, and other more than five hundred dollars per day for every violation. places reasonably considered to be or to have been part of the Every violation is a separate and distinct offense. In case of a regulated business or entity, to all ledgers, books, accounts, continuing violation, every day's continuance is a separate memorandums, or records required to be compiled or main- and distinct violation. Every person who, through an act of tained under this chapter or under rules adopted pursuant to commission or omission, procures, aids, or abets in the viola- this chapter, and to any products, components, or other mate- tion is in violation of this section and is subject to the penalty rials reasonably believed to be or to have been used, pro- provided in this section. cessed, or produced by or in connection with the regulated (2) The penalty provided for in this section shall be business or activity. In connection with such inspections the imposed by a notice in writing to the person against whom department may take such samples or specimens as may be the civil fine is assessed and shall describe the violation with reasonably necessary to determine whether there exists a vio- reasonable particularity. The notice shall be personally lation of this chapter or rules adopted under this chapter. served in the manner of service of a summons in a civil action or in a manner which shows proof of receipt. Any penalty Inspection of establishments may be conducted between imposed by this section shall become due and payable eight a.m. and five p.m. on any weekday that is not a legal twenty-eight days after receipt of notice unless application holiday, during any time the regulated business or entity has for remission or mitigation is made as provided in subsection established as its usual business hours, at any time the regu- (3) of this section or unless application for an adjudicative lated business or entity is open for business or is otherwise in proceeding is filed as provided in subsection (4) of this sec- operation, and at any other time with the consent of the owner tion. or authorized agent of the regulated business or entity. (3) Within fourteen days after the notice is received, the The department may apply for an administrative inspec- person incurring the penalty may apply in writing to the tion warrant to a court of competent jurisdiction and an department for the remission or mitigation of the penalty. administrative inspection warrant may issue where: Upon receipt of the application, the department may remit or (1) The department has attempted an inspection under mitigate the penalty upon whatever terms the department this chapter and access to all or part of the regulated business deems proper, giving consideration to the degree of hazard or entity has been actually or constructively denied; or associated with the violation. The department may only grant (2) There is reasonable cause to believe that a violation a remission or mitigation that it deems to be in the best inter- of this chapter or of rules adopted under this chapter is occur- ests of carrying out the purposes of this chapter. The depart- ring or has occurred. [1995 c 147 § 5; 1985 c 51 § 5; 1955 c ment may ascertain the facts regarding all such applications 144 § 12.] in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred pursuant to 69.30.130 Water pollution laws and rules applicable. Water pollution laws and rules applicable. this section becomes due and payable twenty-eight days after All existing laws and rules and regulations governing the pol- receipt of the notice setting forth the disposition of the appli- [Title 69 RCW—page 46] 2014 Washington Caustic Poison Act of 1929 69.36.020 cation, unless an application for an adjudicative proceeding hypochlorous acid, either free or combined, and any prepara- to contest the disposition is filed as provided in subsection (4) tion containing the same in a concentration so as to yield ten of this section. percent or more by weight of available chlorine, excluding (4) Within twenty-eight days after notice is received, the calx chlorinata, bleaching powder, and chloride of lime; (i) person incurring the penalty may file an application for an potassium hydroxide and any preparation containing free or adjudicative proceeding and may pursue subsequent review chemically unneutralized potassium hydroxide (KOH), as provided in chapter 34.05 RCW and applicable rules of the including caustic potash and Vienna paste, in a concentration department or board of health. of ten percent or more; (j) sodium hydroxide and any prepa- (5) Any penalty imposed by final order following an ration containing free or chemically unneutralized sodium adjudicative proceeding becomes due and payable upon ser- hydroxide (NaOH), including caustic soda and lye, in a con- vice of the final order. centration of ten percent or more; (k) silver nitrate, some- (6) The attorney general may bring an action in the name times known as lunar caustic, and any preparation containing of the department in the superior court of Thurston county or silver nitrate (AgNO3) in a concentration of five percent or of any county in which the violator may do business to collect more; and (l) ammonia water and any preparation yielding any penalty imposed under this chapter. free or chemically uncombined ammonia (NH3), including (7) All penalties imposed under this section shall be paid ammonium hydroxide and "hartshorn", in a concentration of to the state treasury and credited to the general fund. [1989 c five percent or more. 200 § 4.] (2) The term "misbranded parcel, package, or container" means a retail parcel, package, or container of any dangerous 69.30.900 Severability—1955 c 144. 69.30.900 Severability—1955 c 144. If any provision caustic or corrosive substance for household use, not bearing of this chapter or the application thereof to any person or cir- a conspicuous, easily legible label or sticker, containing (a) cumstances shall be held invalid, such invalidity shall not the name of the article; (b) the name and place of business of affect the provisions of the application of this chapter which the manufacturer, packer, seller, or distributor; (c) the word can be given effect without the invalid provision or applica- "POISON," running parallel with the main body of reading tion, and to this end the provisions of the chapter are declared matter on said label or sticker, on a clear, plain background of to be severable. [1955 c 144 § 15.] a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than twenty-four point size,

Chapter 69.36 Chapter 69.36 RCW unless there is on said label or sticker no other type so large, 69.36 WASHINGTON CAUSTIC POISON ACT OF 1929 in which event the type shall be not smaller than the largest WASHINGTON CAUSTIC POISON ACT OF 1929 type on the label or sticker; and (d) directions for treatment in Sections case of accidental personal injury by the dangerous caustic or 69.36.010 Definitions. corrosive substance; PROVIDED, That such directions need 69.36.020 Misbranded sales, etc., prohibited—Exceptions. not appear on labels or stickers on parcels, packages, or con- 69.36.030 Condemnation of misbranded packages. tainers at the time of shipment or of delivery for shipment by 69.36.040 Enforcement—Approval of labels. 69.36.050 Duty to prosecute. manufacturers or wholesalers for other than household use. 69.36.060 Penalty. PROVIDED FURTHER, That this chapter is not to be con- 69.36.070 Short title. strued as applying to any substance subject to the chapter, Highway transportation of poisons, corrosives, etc.: RCW 46.48.170, sold at wholesale or retail for use by a retail druggist in filling 46.48.175. prescriptions or in dispensing, in pursuance of a prescription

69.36.010 Definitions. by a physician, dentist, or veterinarian; or for use by or under 69.36.010 69.36.010 Definitions. In this chapter, unless the con- the direction of a physician, dentist, or veterinarian; or for use text or subject matter otherwise requires: by a chemist in the practice or teaching of his or her profes- (1) The term "dangerous caustic or corrosive substance" sion; or for any industrial or professional use, or for use in means each and all of the acids, alkalis, and substances any of the arts and sciences. [2012 c 117 § 362; 1929 c 82 § named below: (a) Hydrochloric acid and any preparation con- 1; RRS § 2508-1. Formerly RCW 69.36.010 and 69.36.020, taining free or chemically unneutralized hydrochloric acid part.] (HCl) in a concentration of ten percent or more; (b) sulphuric

69.36.020 Misbranded sales, etc., prohibited—Exceptions. acid and any preparation containing free or chemically 69.36.020 Misbranded sales, etc., prohibited— unneutralized sulphuric acid (H2SO4) in concentration of ten Exceptions. No person shall sell, barter, or exchange, or percent or more; (c) nitric acid or any preparation containing receive, hold, pack, display, or offer for sale, barter, or free or chemically unneutralized nitric acid (HNO3) in a con- exchange, in this state any dangerous caustic or corrosive centration of five percent or more; (d) carbolic acid substance in a misbranded parcel, package, or container, said (C6H5OH), otherwise known as phenol, and any preparation parcel, package, or container being designed for household containing carbolic acid in a concentration of five percent or use; PROVIDED, That household products for cleaning and more; (e) oxalic acid and any preparation containing free or washing purposes, subject to this chapter and labeled in chemically unneutralized oxalic acid (H2C2O4) in a concen- accordance therewith, may be sold, offered for sale, held for tration of ten percent or more; (f) any salt of oxalic acid and sale, and distributed in this state by any dealer, wholesale or any preparation containing any such salt in a concentration of retail; PROVIDED FURTHER, That no person shall be liable ten percent or more; (g) acetic acid or any preparation con- to prosecution and conviction under this chapter when he or taining free or chemically unneutralized acetic acid she establishes a guaranty bearing the signature and address

(HC2H3O2) in a concentration of twenty percent or more; (h) of a vendor residing in the United States from whom he or she 2014 [Title 69 RCW—page 47] 69.36.030 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons purchased the dangerous caustic or corrosive substance, to Chapter 69.38 Chapter 69.38 RCW 69.38 POISONS—SALES AND MANUFACTURING the effect that such substance is not misbranded within the POISONS—SALES AND MANUFACTURING meaning of this chapter. No person in this state shall give any Sections such guaranty when such dangerous caustic or corrosive sub- 69.38.010 "Poison" defined. stance is in fact misbranded within the meaning of this chap- 69.38.020 Exemptions from chapter. ter. [2012 c 117 § 363; 1929 c 82 § 2; RRS § 2508-2. FOR- 69.38.030 Poison register—Identification of purchaser. MER PART OF SECTION: 1929 c 82 § 1 now codified in 69.38.040 Inspection of poison register—Penalty for failure to maintain register. RCW 69.32.010.] 69.38.050 False representation—Penalty. 69.38.060 Manufacturers and sellers of poisons—License required—

69.36.030 Condemnation of misbranded packages. Penalty. 69.36.030 Condemnation of misbranded packages.

69.38.010 "Poison" defined. Any dangerous caustic or corrosive substance in a mis- 69.38.010 "Poison" defined. As used in this chapter branded parcel, package, or container suitable for household "poison" means: use, that is being sold, bartered, or exchanged, or held, dis- (1) Arsenic and its preparations; played, or offered for sale, barter, or exchange, shall be liable (2) Cyanide and its preparations, including hydrocyanic to be proceeded against in any superior court within the juris- acid; diction of which the same is found and seized for confisca- (3) Strychnine; and tion, and if such substance is condemned as misbranded, by (4) Any other substance designated by the pharmacy said court, it shall be disposed of by destruction or sale, as the quality assurance commission which, when introduced into court may direct; and if sold, the proceeds, less the actual the human body in quantities of sixty grains or less, causes costs and charges, shall be paid over to the state treasurer; but violent sickness or death. [2013 c 19 § 52; 1987 c 34 § 1.] such substance shall not be sold contrary to the laws of the

69.38.020 Exemptions from chapter. state: PROVIDED, HOWEVER, That upon the payment of 69.38.020 69.38.020 Exemptions from chapter. All substances the costs of such proceedings and the execution and delivery regulated under chapters 15.58, 17.21, 69.04, 69.41, and of a good and sufficient bond to the effect that such substance 69.50 RCW, and chapter 69.45 RCW are exempt from the will not be unlawfully sold or otherwise disposed of, the provisions of this chapter. [1987 c 34 § 2.] court may by order direct that such substance be delivered to

69.38.030 Poison register—Identification of purchaser. the owner thereof. Such condemnation proceedings shall 69.38.030 69.38.030 Poison register—Identification of pur- conform as near as may be to proceedings in the seizure, and chaser. It is unlawful for any person, either on the person's condemnation of substances unfit for human consumption. own behalf or while an employee of another, to sell any poi- [1929 c 82 § 3; RRS § 2508-3.] son without first recording in ink in a "poison register" kept solely for this purpose the following information: 69.36.040 Enforcement—Approval of labels. 69.36.040 Enforcement—Approval of labels. The (1) The date and hour of the sale; director of agriculture shall enforce the provisions of this (2) The full name and home address of the purchaser; chapter, and he or she is hereby authorized and empowered to (3) The kind and quantity of poison sold; and approve and register such brands and labels intended for use (4) The purpose for which the poison is being purchased. under the provisions of this chapter as may be submitted to The purchaser shall present to the seller identification him or her for that purpose and as may in his or her judgment which contains the purchaser's photograph and signature. No conform to the requirements of this statute: PROVIDED, sale may be made unless the seller is satisfied that the pur- HOWEVER, That in any prosecution under this chapter the chaser's representations are true and that the poison will be fact that any brand or label involved in said prosecution has used for a lawful purpose. Both the purchaser and the seller not been submitted to said director for approval, or if submit- shall sign the poison register entry. ted, has not been approved by him or her, shall be immaterial. If a delivery of a poison will be made outside the con- [2012 c 117 § 364; 1929 c 82 § 5; RRS § 2508-5.] fines of the seller's premises, the seller may require the business purchasing the poison to submit a letter of authorization 69.36.050 Duty to prosecute. Duty to prosecute. Every prosecuting attor- as a substitute for the purchaser's photograph and signature ney to whom there is presented, or who in any way procures, requirements. The letter of authorization shall include the satisfactory evidence of any violation of the provisions of this unified business identifier and address of the business, a full chapter shall cause appropriate proceedings to be com- description of how the substance will be used, and the signa- menced and prosecuted in the proper courts, without delay, ture of the purchaser. Either the seller or the employee of the for the enforcement of the penalties as in such cases herein seller delivering or transferring the poison shall affix his or provided. [1929 c 82 § 6; RRS § 2508-6.] her signature to the letter as a witness to the signature and identification of the purchaser. The transaction shall be

69.36.060 Penalty. recorded in the poison register as provided in this section. 69.36.060 Penalty. Any person violating the provisions Letters of authorization shall be kept with the poison register of this chapter shall be guilty of a misdemeanor. [1929 c 82 and shall be subject to the inspection and preservation § 4; RRS § 2508-4.] requirements contained in RCW 69.38.040. [1988 c 197 § 1; 1987 c 34 § 3.] 69.36.070 Short title. Short title. This chapter may be cited as the 69.38.040 Inspection of poison register—Penalty for failure to maintain register. Washington Caustic Poison Act of 1929. [1929 c 82 § 7; 69.38.040 Inspection of poison register—Penalty for RRS § 2508-7.] failure to maintain register. Every poison register shall be [Title 69 RCW—page 48] 2014 Poisons and Dangerous Drugs 69.40.055 open for inspection by law enforcement and health officials or in which any formaldehyde or other poisonous substance at all times and shall be preserved for at least two years after has been mixed, for the purpose of preservation or otherwise, the date of the last entry. Any person failing to maintain the is guilty of a class C felony, and upon conviction thereof shall poison register as required in this chapter is guilty of a misde- be imprisoned in the penitentiary for the period of not less meanor. [1987 c 34 § 4.] than one year nor more than three years. [2003 c 53 § 320; 1905 c 50 § 1; RRS § 6142. FORMER PART OF SECTION: 69.38.050 False representation—Penalty. 69.38.050 False representation—Penalty. Any person 1905 c 50 § 2, now codified as RCW 69.40.025.] making any false representation to a seller when purchasing a Intent—Effective date—2003 c 53: See notes following RCW poison is guilty of a gross misdemeanor. [1987 c 34 § 5.] 2.48.180.

69.40.025 Supplementary to existing laws—Enforcement. 69.38.060 Manufacturers and sellers of poisons—License required—Penalty. 69.40.025 69.38.060 Manufacturers and sellers of poisons— 69.40.025 Supplementary to existing laws—Enforce- License required—Penalty. The pharmacy quality assur- ment. *This act shall be supplementary to the laws of this ance commission, after consulting with the department of state now in force prohibiting the adulteration of food and health, shall require and provide for the annual licensure of fraud in the sale thereof; and the state dairy and food commis- every person now or hereafter engaged in manufacturing or sioner, the chemist of the state agricultural experiment sta- selling poisons within this state. Upon a payment of a fee as tion, the state attorney general and the prosecuting attorneys set by the department, the department shall issue a license in of the several counties of this state are hereby required, with- such form as it may prescribe to such manufacturer or seller. out additional compensation, to assist in the execution of Such license shall be displayed in a conspicuous place in such *this act, and in the prosecution of all persons charged with manufacturer's or seller's place of business for which it is the violation thereof, in like manner and with like powers as issued. they are now authorized and required by law to enforce the Any person manufacturing or selling poison within this laws of this state against the adulteration of food and fraud in state without a license is guilty of a misdemeanor. [2013 c 19 the sale thereof. [1905 c 50 § 2; RRS § 6143. Formerly RCW § 53; 1989 1st ex.s. c 9 § 440; 1987 c 34 § 6.] 69.40.020, part.] Reviser's note: *(1) "This act" appears in 1905 c 50 and the sections of Additional notes found at www.leg.wa.gov the act are codified as RCW 69.40.020 and 69.40.025. (2) The duties of the state dairy and food commissioner have devolved upon the director of agriculture through a chain of statute as follows: 1913 c Chapter 69.40 Chapter 69.40 RCW 60 § 6(2); 1921 c 7 § 93(1). See RCW 43.23.090(1). 69.40 POISONS AND DANGEROUS DRUGS POISONS AND DANGEROUS DRUGS

69.40.030 Placing poison or other harmful object or substance in food, drinks, medicine, or water—Penalty. 69.40.030 Sections 69.40.030 Placing poison or other harmful object or substance in food, drinks, medicine, or water—Penalty. 69.40.010 Poison in edible products. 69.40.015 Poison in edible products—Penalty. (1) Every person who willfully mingles poison or places any 69.40.020 Poison in milk or food products—Penalty. harmful object or substance, including but not limited to pins, 69.40.025 Supplementary to existing laws—Enforcement. tacks, needles, nails, razor blades, wire, or glass in any food, 69.40.030 Placing poison or other harmful object or substance in food, drinks, medicine, or water—Penalty. drink, medicine, or other edible substance intended or pre- 69.40.055 Selling repackaged poison without labeling—Penalty. pared for the use of a human being or who shall knowingly Pharmacists: Chapter 18.64 RCW. furnish, with intent to harm another person, any food, drink, Poison information centers: Chapter 18.76 RCW. medicine, or other edible substance containing such poison or Poisoning animals—Strychnine sales: RCW 16.52.190 and 16.52.193. harmful object or substance to another human being, and every person who willfully poisons any spring, well, or reser- Washington pesticide application act: Chapter 17.21 RCW. voir of water, is guilty of a class B felony and shall be pun-

69.40.010 Poison in edible products. 69.40.010 Poison in edible products. It shall be unlaw- ished by imprisonment in a state correctional facility for not ful for any person to sell, offer for sale, use, distribute, or less than five years or by a fine of not less than one thousand leave in any place, any crackers, biscuit, bread or any other dollars. preparation resembling or in similitude, of any edible prod- (2) *This act shall not apply to the employer or employ- uct, containing arsenic, strychnine or any other poison. [1905 ers of a person who violates this section without such c 141 § 1; RRS § 6140. FORMER PART OF SECTION: employer's knowledge. [2003 c 53 § 321; 1992 c 7 § 48; 1905 c 141 § 2 now codified as RCW 69.40.015.] 1973 c 119 § 1; 1909 c 249 § 264; RRS § 2516. Prior: Code 1881 § 802; 1873 p 185 § 27; 1869 p 202 § 25; 1854 p 79 §

69.40.015 Poison in edible products—Penalty. 69.40.015 Poison in edible products—Penalty. Any 25.] *Reviser's note: "this act" refers to the 1973 c 119 § 1 amendment to person violating the provisions of RCW 69.40.010 shall upon this section. conviction be punished by a fine of not less than ten dollars Intent—Effective date—2003 c 53: See notes following RCW nor more than five hundred dollars. [1905 c 141 § 2; RRS § 2.48.180. 6141. Formerly RCW 69.40.010, part.]

69.40.055 Selling repackaged poison without labeling—Penalty. 69.40.055 Selling repackaged poison without label- 69.40.020 Poison in milk or food products—Penalty. 69.40.020 Poison in milk or food products—Penalty. ing—Penalty. It shall be unlawful for any person to sell at Any person who shall sell, offer to sell, or have in his or her retail or furnish any repackaged poison drug or product with- possession for the purpose of sale, either as owner, propri- out affixing or causing to be affixed to the bottle, box, vessel, etor, or assistant, or in any manner whatsoever, whether for or package a label containing the name of the article, all hire or otherwise, any milk or any food products, containing labeling required by the Food and Drug Administration and the chemical ingredient commonly known as formaldehyde, other federal or state laws or regulations, and the word "poi- 2014 [Title 69 RCW—page 49] Chapter 69.41 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons son" distinctly shown with the name and place of the business (1) "Administer" means the direct application of a legend of the seller. drug whether by injection, inhalation, ingestion, or any other This section shall not apply to the dispensing of drugs or means, to the body of a patient or research subject by: poisons on the prescription of a practitioner. (a) A practitioner; or The pharmacy quality assurance commission shall have (b) The patient or research subject at the direction of the the authority to promulgate rules for the enforcement and practitioner. implementation of this section. (2) "Community-based care settings" include: Commu- Every person who shall violate any of the provisions of nity residential programs for persons with developmental dis- this section shall be guilty of a misdemeanor. [2013 c 19 § abilities, certified by the department of social and health ser- 54; 1981 c 147 § 4.] vices under chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 RCW; and assisted living

Chapter 69.41 Chapter 69.41 RCW facilities licensed under chapter 18.20 RCW. Community- 69.41 LEGEND DRUGS—PRESCRIPTION DRUGS based care settings do not include acute care or skilled nurs- LEGEND DRUGS—PRESCRIPTION DRUGS ing facilities. Sections (3) "Deliver" or "delivery" means the actual, construc- 69.41.010 Definitions. tive, or attempted transfer from one person to another of a 69.41.020 Prohibited acts—Information not privileged communication. legend drug, whether or not there is an agency relationship. 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty. (4) "Department" means the department of health. 69.41.032 Prescription of legend drugs by dialysis programs. (5) "Dispense" means the interpretation of a prescription 69.41.040 Prescription requirements—Penalty. or order for a legend drug and, pursuant to that prescription or 69.41.042 Record requirements. 69.41.044 Confidentiality. order, the proper selection, measuring, compounding, label- 69.41.050 Labeling requirements—Penalty. ing, or packaging necessary to prepare that prescription or 69.41.055 Electronic communication of prescription information— Board may adopt rules. order for delivery. 69.41.060 Search and seizure. (6) "Dispenser" means a practitioner who dispenses. 69.41.062 Search and seizure at rental premises—Notification of land- (7) "Distribute" means to deliver other than by adminis- lord. 69.41.065 Violations—Juvenile driving privileges. tering or dispensing a legend drug. 69.41.072 Violations of chapter 69.50 RCW not to be charged under (8) "Distributor" means a person who distributes. chapter 69.41 RCW—Exception. 69.41.075 Rules—Availability of lists of drugs. (9) "Drug" means: 69.41.080 Animal control—Rules for possession and use of legend (a) Substances recognized as drugs in the official United drugs. States pharmacopoeia, official homeopathic pharmacopoeia 69.41.085 Medication assistance—Community-based care setting. of the United States, or official national formulary, or any SUBSTITUTION OF PRESCRIPTION DRUGS supplement to any of them; 69.41.100 Legislative recognition and declaration. (b) Substances intended for use in the diagnosis, cure, 69.41.110 Definitions. mitigation, treatment, or prevention of disease in human 69.41.120 Prescriptions to contain instruction as to whether or not a therapeutically equivalent generic drug may be substituted— beings or animals; Out-of-state prescriptions—Form—Contents—Procedure. (c) Substances (other than food, minerals or vitamins) 69.41.130 Savings in price to be passed on to purchaser. 69.41.140 Minimum manufacturing standards and practices. intended to affect the structure or any function of the body of 69.41.150 Liability of practitioner, pharmacist. human beings or animals; and 69.41.160 Pharmacy signs as to substitution for prescribed drugs. (d) Substances intended for use as a component of any 69.41.170 Coercion of pharmacist prohibited—Penalty. 69.41.180 Rules. article specified in (a), (b), or (c) of this subsection. It does 69.41.190 Preferred drug substitution—Exceptions—Notice—Limited not include devices or their components, parts, or accessories. restrictions. (10) "Electronic communication of prescription informa- IDENTIFICATION OF LEGEND DRUGS—MARKING tion" means the transmission of a prescription or refill autho- 69.41.200 Requirements for identification of legend drugs—Marking. rization for a drug of a practitioner using computer systems. 69.41.210 Definitions. The term does not include a prescription or refill authoriza- 69.41.220 Published lists of drug imprints—Requirements for. 69.41.230 Drugs in violation are contraband. tion transmitted verbally by telephone nor a facsimile manu- 69.41.240 Rules—Labeling and marking. ally signed by the practitioner. 69.41.250 Exemptions. (11) "In-home care settings" include an individual's 69.41.260 Manufacture or distribution for resale—Requirements. 69.41.280 Confidentiality. place of temporary and permanent residence, but does not USE OF STEROIDS include acute care or skilled nursing facilities, and does not include community-based care settings. 69.41.300 Definitions. 69.41.310 Rules. (12) "Legend drugs" means any drugs which are required 69.41.320 Practitioners—Restricted use—Medical records. by state law or regulation of the pharmacy quality assurance 69.41.330 Public warnings—School districts. commission to be dispensed on prescription only or are 69.41.340 Student athletes—Violations—Penalty. 69.41.350 Penalties. restricted to use by practitioners only. 69.41.900 Severability—1979 c 110. (13) "Legible prescription" means a prescription or med- Drug nuisances—Injunctions: Chapter 7.43 RCW. ication order issued by a practitioner that is capable of being read and understood by the pharmacist filling the prescription

69.41.010 Definitions. 69.41.010 Definitions. As used in this chapter, the fol- or the nurse or other practitioner implementing the medica- lowing terms have the meanings indicated unless the context tion order. A prescription must be hand printed, typewritten, clearly requires otherwise: or electronically generated. [Title 69 RCW—page 50] 2014 Legend Drugs—Prescription Drugs 69.41.030

(14) "Medication assistance" means assistance rendered ther finds that legible prescriptions can prevent these errors." [2006 c 8 § by a nonpractitioner to an individual residing in a commu- 114.] nity-based care setting or in-home care setting to facilitate the Findings—Intent—Part headings and subheadings not law—Sever- individual's self-administration of a legend drug or controlled ability—2006 c 8: See notes following RCW 5.64.010. substance. It includes reminding or coaching the individual, Findings—Intent—2000 c 8: "The legislature finds that we have one of the finest health care systems in the world and excellent professionals to handing the medication container to the individual, opening deliver that care. However, there are incidents of medication errors that are the individual's medication container, using an enabler, or avoidable and serious mistakes that are preventable. Medical errors through- placing the medication in the individual's hand, and such out the health care system constitute one of the nation's leading causes of other means of medication assistance as defined by rule death and injury resulting in over seven thousand deaths a year, according to a recent report from the institute of medicine. The majority of medical errors adopted by the department. A nonpractitioner may help in the do not result from individual recklessness, but from basic flaws in the way preparation of legend drugs or controlled substances for self- the health system is organized. There is a need for a comprehensive strategy administration where a practitioner has determined and com- for government, industry, consumers, and health providers to reduce medical municated orally or by written direction that such medication errors. The legislature declares a need to bring about greater safety for patients in this state who depend on prescription drugs. preparation assistance is necessary and appropriate. Medica- It is the intent of the legislature to promote medical safety as a top pri- tion assistance shall not include assistance with intravenous ority for all citizens of our state." [2000 c 8 § 1.] medications or injectable medications, except prefilled insu- Additional notes found at www.leg.wa.gov lin syringes.

69.41.020 Prohibited acts—Information not privileged communication. (15) "Person" means individual, corporation, govern- 69.41.020 Prohibited acts—Information not privi- ment or governmental subdivision or agency, business trust, leged communication. Legend drugs shall not be sold, estate, trust, partnership or association, or any other legal delivered, dispensed or administered except in accordance entity. with this chapter. (16) "Practitioner" means: (1) No person shall obtain or attempt to obtain a legend (a) A physician under chapter 18.71 RCW, an osteo- drug, or procure or attempt to procure the administration of a pathic physician or an osteopathic physician and surgeon legend drug: under chapter 18.57 RCW, a dentist under chapter 18.32 (a) By fraud, deceit, misrepresentation, or subterfuge; or RCW, a podiatric physician and surgeon under chapter 18.22 (b) By the forgery or alteration of a prescription or of any RCW, a veterinarian under chapter 18.92 RCW, a registered written order; or nurse, advanced registered nurse practitioner, or licensed (c) By the concealment of a material fact; or practical nurse under chapter 18.79 RCW, an optometrist (d) By the use of a false name or the giving of a false under chapter 18.53 RCW who is certified by the optometry address. board under RCW 18.53.010, an osteopathic physician assis- (2) Information communicated to a practitioner in an tant under chapter 18.57A RCW, a physician assistant under effort unlawfully to procure a legend drug, or unlawfully to chapter 18.71A RCW, a naturopath licensed under chapter procure the administration of any such drug, shall not be 18.36A RCW, a pharmacist under chapter 18.64 RCW, or, deemed a privileged communication. when acting under the required supervision of a dentist (3) No person shall willfully make a false statement in licensed under chapter 18.32 RCW, a dental hygienist any prescription, order, report, or record, required by this licensed under chapter 18.29 RCW; chapter. (b) A pharmacy, hospital, or other institution licensed, (4) No person shall, for the purpose of obtaining a legend registered, or otherwise permitted to distribute, dispense, drug, falsely assume the title of, or represent himself or her- conduct research with respect to, or to administer a legend self to be, a manufacturer, wholesaler, or any practitioner. drug in the course of professional practice or research in this (5) No person shall make or utter any false or forged pre- state; and scription or other written order for legend drugs. (c) A physician licensed to practice medicine and sur- (6) No person shall affix any false or forged label to a gery or a physician licensed to practice osteopathic medicine package or receptacle containing legend drugs. and surgery in any state, or province of Canada, which shares (7) No person shall willfully fail to maintain the records a common border with the state of Washington. required by RCW 69.41.042 and *69.41.270. (8) A violation of this section is a class B felony punish- (17) "Secretary" means the secretary of health or the sec- able according to chapter 9A.20 RCW. [2003 c 53 § 322. retary's designee. [2013 c 276 § 1; 2013 c 19 § 55; 2012 c 10 Prior: 1989 1st ex.s. c 9 § 408; 1989 c 352 § 8; 1973 1st ex.s. § 44; 2009 c 549 § 1024; 2006 c 8 § 115. Prior: 2003 c 257 § c 186 § 2.] 2; 2003 c 140 § 11; 2000 c 8 § 2; prior: 1998 c 222 § 1; 1998 *Reviser's note: RCW 69.41.270 was repealed by 2003 c 275 § 5. c 70 § 2; 1996 c 178 § 16; 1994 sp.s. c 9 § 736; prior: 1989 Intent—Effective date—2003 c 53: See notes following RCW 1st ex.s. c 9 § 426; 1989 c 36 § 3; 1984 c 153 § 17; 1980 c 71 2.48.180. § 1; 1979 ex.s. c 139 § 1; 1973 1st ex.s. c 186 § 1.] Additional notes found at www.leg.wa.gov Reviser's note: This section was amended by 2013 c 19 § 55 and by

2013 c 276 § 1, each without reference to the other. Both amendments are 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty. 69.41.030 incorporated in the publication of this section under RCW 1.12.025(2). For 69.41.030 Sale, delivery, or possession of legend drug rule of construction, see RCW 1.12.025(1). without prescription or order prohibited—Exceptions— Application—2012 c 10: See note following RCW 18.20.010. Penalty. (1) It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or Findings—2006 c 8: "The legislature finds that prescription drug errors occur because the pharmacist or nurse cannot read the prescription from the prescription of a physician under chapter 18.71 RCW, an physician or other provider with prescriptive authority. The legislature fur- osteopathic physician and surgeon under chapter 18.57 2014 [Title 69 RCW—page 51] 69.41.032 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

RCW, an optometrist licensed under chapter 18.53 RCW Intent—Effective date—2003 c 53: See notes following RCW who is certified by the optometry board under RCW 2.48.180. 18.53.010, a dentist under chapter 18.32 RCW, a podiatric Finding—1990 c 219: "The legislature finds that Washington citizens in the border areas of this state are prohibited from having prescriptions from physician and surgeon under chapter 18.22 RCW, a veteri- out-of-state dentists and veterinarians filled at their in-state pharmacies, and narian under chapter 18.92 RCW, a commissioned medical or that it is in the public interest to remove this barrier for the state's citizens." dental officer in the United States armed forces or public [1990 c 219 § 1.] health service in the discharge of his or her official duties, a Additional notes found at www.leg.wa.gov duly licensed physician or dentist employed by the veterans

69.41.032 Prescription of legend drugs by dialysis programs. administration in the discharge of his or her official duties, a 69.41.032 Prescription of legend drugs by dialysis registered nurse or advanced registered nurse practitioner programs. This chapter shall not prevent a medicare- under chapter 18.79 RCW when authorized by the nursing approved dialysis center or facility operating a medicare- care quality assurance commission, a pharmacist licensed approved home dialysis program from selling, delivering, under chapter 18.64 RCW to the extent permitted by drug possessing, or dispensing directly to its dialysis patients, in therapy guidelines or protocols established under RCW case or full shelf lots, if prescribed by a physician licensed 18.64.011 and authorized by the *board of pharmacy and under chapter 18.57 or 18.71 RCW, those legend drugs deter- approved by a practitioner authorized to prescribe drugs, an mined by the board pursuant to rule. [1987 c 41 § 2.] osteopathic physician assistant under chapter 18.57A RCW Application of pharmacy statutes to dialysis programs: RCW 18.64.257. when authorized by the board of osteopathic medicine and

69.41.040 Prescription requirements—Penalty. surgery, a physician assistant under chapter 18.71A RCW 69.41.040 Prescription requirements—Penalty. (1) when authorized by the medical quality assurance commis- A prescription, in order to be effective in legalizing the pos- sion, or any of the following professionals in any province of session of legend drugs, must be issued for a legitimate med- Canada that shares a common border with the state of Wash- ical purpose by one authorized to prescribe the use of such ington or in any state of the United States: A physician legend drugs. An order purporting to be a prescription issued licensed to practice medicine and surgery or a physician to a drug abuser or habitual user of legend drugs, not in the licensed to practice osteopathic medicine and surgery, a den- course of professional treatment, is not a prescription within tist licensed to practice dentistry, a podiatric physician and the meaning and intent of this section; and the person who surgeon licensed to practice podiatric medicine and surgery, knows or should know that he or she is filling such an order, a licensed advanced registered nurse practitioner, a licensed as well as the person issuing it, may be charged with violation physician assistant, a licensed osteopathic physician assis- of this chapter. A legitimate medical purpose shall include tant, or a veterinarian licensed to practice veterinary medi- use in the course of a bona fide research program in conjunc- cine: PROVIDED, HOWEVER, That the above provisions tion with a hospital or university. shall not apply to sale, delivery, or possession by drug whole- (2) A violation of this section is a class B felony punish- salers or drug manufacturers, or their agents or employees, or able according to chapter 9A.20 RCW. [2003 c 53 § 324; to any practitioner acting within the scope of his or her 1973 1st ex.s. c 186 § 4.] license, or to a common or contract carrier or warehouse Intent—Effective date—2003 c 53: See notes following RCW operator, or any employee thereof, whose possession of any 2.48.180. legend drug is in the usual course of business or employment:

69.41.042 Record requirements. PROVIDED FURTHER, That nothing in this chapter or 69.41.042 Record requirements. A pharmaceutical chapter 18.64 RCW shall prevent a family planning clinic manufacturer, wholesaler, pharmacy, or practitioner who that is under contract with the health care authority from sell- purchases, dispenses, or distributes legend drugs shall main- ing, delivering, possessing, and dispensing commercially tain invoices or such other records as are necessary to account prepackaged oral contraceptives prescribed by authorized, for the receipt and disposition of the legend drugs. licensed health care practitioners. The records maintained pursuant to this section shall be (2)(a) A violation of this section involving the sale, available for inspection by the board and its authorized repre- delivery, or possession with intent to sell or deliver is a class sentatives and shall be maintained for two years. [1989 1st B felony punishable according to chapter 9A.20 RCW. ex.s. c 9 § 405.] (b) A violation of this section involving possession is a Additional notes found at www.leg.wa.gov misdemeanor. [2013 c 71 § 1; 2013 c 12 § 1. Prior: 2011 1st 69.41.044 Confidentiality. sp.s. c 15 § 79; 2011 c 336 § 837; 2010 c 83 § 1; prior: 2003 69.41.044 Confidentiality. All records, reports, and c 142 § 3; 2003 c 53 § 323; 1996 c 178 § 17; 1994 sp.s. c 9 § information obtained by the board or its authorized represen- 737; 1991 c 30 § 1; 1990 c 219 § 2; 1987 c 144 § 1; 1981 c tatives from or on behalf of a pharmaceutical manufacturer, 120 § 1; 1979 ex.s. c 139 § 2; 1977 c 69 § 1; 1973 1st ex.s. c representative of a manufacturer, wholesaler, pharmacy, or 186 § 3.] practitioner who purchases, dispenses, or distributes legend Reviser's note: *(1) Chapter 19, Laws of 2013 changed "state board of drugs under this chapter are confidential and exempt from pharmacy" to "pharmacy quality assurance commission." public inspection and copying under chapter 42.56 RCW. (2) This section was amended by 2013 c 12 § 1 and by 2013 c 71 § 1, Nothing in this section restricts the investigations or the pro- each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, ceedings of the board so long as the board and its authorized see RCW 1.12.025(1). representatives comply with the provisions of chapter 42.56 Effective date—Findings—Intent—Report—Agency transfer— RCW. [2005 c 274 § 328; 1989 1st ex.s. c 9 § 406.] References to head of health care authority—Draft legislation—2011 1st Part headings not law—Effective date—2005 c 274: See RCW sp.s. c 15: See notes following RCW 74.09.010. 42.56.901 and 42.56.902. [Title 69 RCW—page 52] 2014 Legend Drugs—Prescription Drugs 69.41.065

Additional notes found at www.leg.wa.gov agents of the pharmacy are required to read, sign, and comply with the established policies and procedures; and 69.41.050 Labeling requirements—Penalty. Labeling requirements—Penalty. (1) To (f) The pharmacist shall exercise professional judgment every box, bottle, jar, tube or other container of a legend regarding the accuracy, validity, and authenticity of the pre- drug, which is dispensed by a practitioner authorized to prescription drug order received by way of electronic transmis- scribe legend drugs, there shall be affixed a label bearing the sion, consistent with federal and state laws and rules and name of the prescriber, complete directions for use, the name guidelines of the board. of the drug either by the brand or generic name and strength (2) The board may adopt rules implementing this sec- per unit dose, name of patient and date: PROVIDED, That tion. [1998 c 222 § 2.] the practitioner may omit the name and dosage of the drug if 69.41.060 Search and seizure. he or she determines that his or her patient should not have 69.41.060 Search and seizure. If, upon the sworn com- this information and that, if the drug dispensed is a trial sam- plaint of any person, it shall be made to appear to any judge ple in its original package and which is labeled in accordance of the superior or district court that there is probable cause to with federal law or regulation, there need be set forth addi- believe that any legend drug is being used, manufactured, tionally only the name of the issuing practitioner and the sold, bartered, exchanged, given away, furnished or other- name of the patient. wise disposed of or kept in violation of the provisions of this (2) A violation of this section is a misdemeanor. [2003 c chapter, such judge shall, with or without the approval of the 53 § 325; 1980 c 83 § 8; 1973 1st ex.s. c 186 § 5.] prosecuting attorney, issue a warrant directed to any peace Intent—Effective date—2003 c 53: See notes following RCW officer in the county, commanding the peace officer to search 2.48.180. the premises designated and described in such complaint and warrant, and to seize all legend drugs there found, together

69.41.055 Electronic communication of prescription information—Board may adopt rules. with the vessels in which they are contained, and all imple- 69.41.055 Electronic communication of prescription ments, furniture and fixtures used or kept for the illegal man- information—Board may adopt rules. (1) Information ufacture, sale, barter, exchange, giving away, furnishing or concerning an original prescription or information concern- otherwise disposing of such legend drugs and to safely keep ing a prescription refill for a legend drug may be electroni- the same, and to make a return of said warrant within three cally communicated between an authorized practitioner and a days, showing all acts and things done thereunder, with a par- pharmacy of the patient's choice with no intervening person ticular statement of all articles seized and the name of the per- having access to the prescription drug order pursuant to the son or persons in whose possession the same were found, if provisions of this chapter if the electronically communicated any, and if no person be found in the possession of said arti- prescription information complies with the following: cles, the returns shall so state. A copy of said warrant shall be (a) Electronically communicated prescription informa- served upon the person or persons found in possession of any tion must comply with all applicable statutes and rules such legend drugs, furniture or fixtures so seized, and if no regarding the form, content, recordkeeping, and processing person be found in the possession thereof, a copy of said war- of a prescription for a legend drug; rant shall be posted on the door of the building or room (b) The system used for transmitting electronically com- wherein the same are found, or, if there be no door, then in municated prescription information and the system used for any conspicuous place upon the premises. [1987 c 202 § 227; receiving electronically communicated prescription informa- 1973 1st ex.s. c 186 § 6.] tion must be approved by the board. This subsection does not Intent—1987 c 202: See note following RCW 2.04.190. apply to currently used facsimile equipment transmitting an

69.41.062 Search and seizure at rental premises—Notification of landlord. exact visual image of the prescription. The board shall main- 69.41.062 Search and seizure at rental premises— tain and provide, upon request, a list of systems used for elec- Notification of landlord. Whenever a legend drug which is tronically communicating prescription information currently sold, delivered, or possessed in violation of this chapter is approved by the board; seized at rental premises, the law enforcement agency shall (c) An explicit opportunity for practitioners must be make a reasonable attempt to discover the identity of the made to indicate their preference on whether a therapeuti- landlord and shall notify the landlord in writing, at the last cally equivalent generic drug may be substituted; address listed in the property tax records and at any other (d) Prescription drug orders are confidential health infor- address known by the law enforcement agency, of the seizure mation, and may be released only to the patient or the and the location of the seizure. [1988 c 150 § 8.] patient's authorized representative, the prescriber or other Legislative findings—Severability—1988 c 150: See notes following authorized practitioner then caring for the patient, or other RCW 59.18.130. persons specifically authorized by law to receive such infor-

69.41.065 Violations—Juvenile driving privileges. mation; 69.41.065 Violations—Juvenile driving privileges. (e) To maintain confidentiality of prescription records, (1) If a juvenile thirteen years of age or older and under the the electronic system shall have adequate security and sys- age of twenty-one is found by a court to have committed any tems safeguards designed to prevent and detect unauthorized offense that is a violation of this chapter, the court shall notify access, modification, or manipulation of these records. The the department of licensing within twenty-four hours after pharmacist in charge shall establish or verify the existence of entry of the judgment. policies and procedures which ensure the integrity and confi- (2) Except as otherwise provided in subsection (3) of this dentiality of prescription information transmitted to the phar- section, upon petition of a juvenile whose privilege to drive macy by electronic means. All managers, employees, and has been revoked pursuant to RCW 46.20.265, the court may 2014 [Title 69 RCW—page 53] 69.41.072 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons notify the department of licensing that the juvenile's privilege such societies and agencies for animal sedating or capture to drive should be reinstated. and does not include any substance regulated under chapter (3) If the conviction is for the juvenile's first violation of 69.50 RCW. Any society or agency so registered shall not this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juve- permit persons to administer any legend drugs unless such nile may not petition the court for reinstatement of the juve- person has demonstrated to the satisfaction of the commis- nile's privilege to drive revoked pursuant to RCW 46.20.265 sion adequate knowledge of the potential hazards involved in until the later of ninety days after the date the juvenile turns and the proper techniques to be used in administering the sixteen or ninety days after the judgment was entered. If the drugs. conviction was for the juvenile's second or subsequent viola- The commission shall promulgate rules to regulate the tion of this chapter or chapter 66.44, 69.50, or 69.52 RCW, purchase, possession, and administration of legend drugs by the juvenile may not petition the court for reinstatement of such societies and agencies and to insure strict compliance the juvenile's privilege to drive revoked pursuant to RCW with the provisions of this section. Such rules shall require 46.20.265 until the later of the date the juvenile turns seven- that the storage, inventory control, administration, and teen or one year after the date judgment was entered. [1989 c recordkeeping for approved legend drugs conform to the 271 § 119; 1988 c 148 § 4.] standards adopted by the commission under chapter 69.50 Legislative finding—Severability—1988 c 148: See notes following RCW to regulate the use of controlled substances by such RCW 13.40.265. societies and agencies. The commission may suspend or Additional notes found at www.leg.wa.gov revoke a registration under chapter 69.50 RCW upon a determination by the commission that the person administering 69.41.072 Violations of chapter 69.50 RCW not to be charged under chapter 69.41 RCW—Exception. 69.41.072 Violations of chapter 69.50 RCW not to be legend drugs has not demonstrated adequate knowledge as charged under chapter 69.41 RCW—Exception. Any herein provided. This authority is granted in addition to any offense which is a violation of chapter 69.50 RCW other than other power to suspend or revoke a registration as provided RCW 69.50.4012 shall not be charged under this chapter. by law. [2013 c 19 § 57; 1989 c 242 § 1.] [2003 c 53 § 327.] Intent—Effective date—2003 c 53: See notes following RCW 69.41.085 Medication assistance—Community-based careMedication setting. assistance—Community-based 2.48.180. care setting. Individuals residing in community-based care

69.41.075 Rules—Availability of lists of drugs. 69.41.075 settings, such as adult family homes, assisted living facilities, 69.41.075 Rules—Availability of lists of drugs. The and residential care settings for individuals with developmen- pharmacy quality assurance commission may make such tal disabilities, including an individual's home, may receive rules for the enforcement of this chapter as are deemed nec- medication assistance. Nothing in this chapter affects the essary or advisable. The commission shall identify, by rule- right of an individual to refuse medication or requirements making pursuant to chapter 34.05 RCW, those drugs which relating to informed consent. [2012 c 10 § 45; 2003 c 140 § may be dispensed only on prescription or are restricted to use 12; 1998 c 70 § 1.] by practitioners, only. In so doing the commission shall consider the toxicity or other potentiality for harmful effect of the Application—2012 c 10: See note following RCW 18.20.010. drug, the method of its use, and any collateral safeguards nec- Additional notes found at www.leg.wa.gov essary to its use. The commission shall classify a drug as a legend drug where these considerations indicate the drug is SUBSTITUTION OF PRESCRIPTION DRUGS not safe for use except under the supervision of a practitioner. In identifying legend drugs the commission may incor- 69.41.100 Legislative recognition and declaration. Legislative recognition and declaration. porate in its rules lists of drugs contained in commercial phar- The legislature recognizes the responsibility of the state to maceutical publications by making specific reference to each insure that the citizens of the state are offered a choice such list and the date and edition of the commercial publica- between generic drugs and brand name drugs and the benefit tion containing it. Any such lists so incorporated shall be of quality pharmaceutical products at competitive prices. available for public inspection at the headquarters of the Advances in the drug industry resulting from research and the department of health and shall be available on request from elimination of counterfeiting of prescription drugs should the department of health upon payment of a reasonable fee to benefit the users of the drugs. Pharmacy must continue to be set by the department. [2013 c 19 § 56; 1989 1st ex.s. c 9 operate with accountability and effectiveness. The legislature § 427; 1979 ex.s. c 139 § 3.] hereby declares it to be the policy of the state that its citizens Additional notes found at www.leg.wa.gov receive safe and therapeutically effective drug products at the most reasonable cost consistent with high drug quality stan- 69.41.080 Animal control—Rules for possession and use of legend drugs. 69.41.080 Animal control—Rules for possession and dards. [1986 c 52 § 1; 1977 ex.s. c 352 § 1.] use of legend drugs. Humane societies and animal control agencies registered with the pharmacy quality assurance Additional notes found at www.leg.wa.gov commission under chapter 69.50 RCW and authorized to 69.41.110 Definitions. euthanize animals may purchase, possess, and administer 69.41.110 Definitions. As used in RCW 69.41.100 approved legend drugs for the sole purpose of sedating ani- through 69.41.180, the following words shall have the fol- mals prior to euthanasia, when necessary, and for use in lowing meanings: chemical capture programs. For the purposes of this section, (1) "Brand name" means the proprietary or trade name "approved legend drugs" means those legend drugs desig- selected by the manufacturer and placed upon a drug, its con- nated by the commission by rule as being approved for use by tainer, label, or wrapping at the time of packaging; [Title 69 RCW—page 54] 2014 Legend Drugs—Prescription Drugs 69.41.190

69.41.140 Minimum manufacturing standards and practices. (2) "Generic name" means the official title of a drug or 69.41.140 Minimum manufacturing standards and drug ingredients published in the latest edition of a nationally practices. A pharmacist may not substitute a product under recognized pharmacopoeia or formulary; the provisions of this section unless the manufacturer has shown that the drug has been manufactured with the follow- (3) "Substitute" means to dispense, with the practitio- ing minimum good manufacturing standards and practices: ner's authorization, a "therapeutically equivalent" drug prod- (1) Maintain quality control standards equal to those of uct of the identical base or salt as the specific drug product the Food and Drug Administration; prescribed: PROVIDED, That with the practitioner's prior (2) Comply with regulations promulgated by the Food consent, therapeutically equivalent drugs other than the iden- and Drug Administration. [1979 c 110 § 4; 1977 ex.s. c 352 tical base or salt may be dispensed; § 5.] (4) "Therapeutically equivalent" means essentially the

69.41.150 Liability of practitioner, pharmacist. same efficacy and toxicity when administered to an individ- 69.41.150 Liability of practitioner, pharmacist. (1) A ual in the same dosage regimen; and practitioner who authorizes a prescribed drug shall not be lia- (5) "Practitioner" means a physician, osteopathic physi- ble for any side effects or adverse reactions caused by the cian and surgeon, dentist, veterinarian, or any other person manner or method by which a substituted drug product is authorized to prescribe drugs under the laws of this state. selected or dispensed. [1979 c 110 § 1; 1977 ex.s. c 352 § 2.] (2) A pharmacist who substitutes an equivalent drug product pursuant to RCW 69.41.100 through 69.41.180 as

69.41.120 69.41.120 Prescriptions to contain instruction as to whether Prescriptions or not a therapeutically equivalent generic drug may be substituted—Out-of-state to prescriptions—Form—Contents—Procedure. contain instruction as to now or hereafter amended assumes no greater liability for whether or not a therapeutically equivalent generic drug selecting the dispensed drug product than would be incurred may be substituted—Out-of-state prescriptions—Form— in filling a prescription for a drug product prescribed by its Contents—Procedure. Every drug prescription shall con- established name. tain an instruction on whether or not a therapeutically equiv- (3) A pharmacist who substitutes a preferred drug for a alent generic drug may be substituted in its place, unless sub- nonpreferred drug pursuant to RCW 69.41.190 assumes no stitution is permitted under a prior-consent authorization. greater liability for substituting the preferred drug than would be incurred in filling a prescription for the preferred drug If a written prescription is involved, the prescription when prescribed by name. [2003 1st sp.s. c 29 § 6; 1979 c must be legible and the form shall have two signature lines at 110 § 5; 1977 ex.s. c 352 § 6.] opposite ends on the bottom of the form. Under the line at the right side shall be clearly printed the words "DISPENSE AS Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW WRITTEN". Under the line at the left side shall be clearly 74.09.650. printed the words "SUBSTITUTION PERMITTED". The

69.41.160 Pharmacy signs as to substitution for prescribed drugs. practitioner shall communicate the instructions to the phar- 69.41.160 Pharmacy signs as to substitution for pre- macist by signing the appropriate line. No prescription shall scribed drugs. Every pharmacy shall post a sign in a loca- be valid without the signature of the practitioner on one of tion at the prescription counter that is readily visible to these lines. In the case of a prescription issued by a practitio- patrons stating, "Under Washington law, an equivalent but ner in another state that uses a one-line prescription form or less expensive drug may in some cases be substituted for the variation thereof, the pharmacist may substitute a therapeuti- drug prescribed by your doctor. Such substitution, however, cally equivalent generic drug unless otherwise instructed by may only be made with the consent of your doctor. Please the practitioner through the use of the words "dispense as consult your pharmacist or physician for more information." written", words of similar meaning, or some other indication. [1979 c 110 § 6; 1977 ex.s. c 352 § 7.] If an oral prescription is involved, the practitioner or the 69.41.170 Coercion of pharmacist prohibited—Penalty. practitioner's agent shall instruct the pharmacist as to whether 69.41.170 Coercion of pharmacist prohibited—Pen- or not a therapeutically equivalent generic drug may be sub- alty. It shall be unlawful for any employer to coerce, within stituted in its place. The pharmacist shall note the instructions the meaning of RCW 9A.36.070, any pharmacist to dispense on the file copy of the prescription. a generic drug or to substitute a generic drug for another drug. The pharmacist shall note the manufacturer of the drug A violation of this section shall be punishable as a misde- dispensed on the file copy of a written or oral prescription. meanor. [1977 ex.s. c 352 § 8.] [2000 c 8 § 3; 1990 c 218 § 1; 1979 c 110 § 2; 1977 ex.s. c 69.41.180 Rules. 352 § 3.] 69.41.180 Rules. The pharmacy quality assurance commission may adopt any necessary rules under chapter 34.05 Findings—Intent—2000 c 8: See note following RCW 69.41.010. RCW for the implementation, continuation, or enforcement of RCW 69.41.100 through 69.41.180, including, but not lim- 69.41.130 Savings in price to be passed on to purchaser. 69.41.130 Savings in price to be passed on to pur- ited to, a list of therapeutically or nontherapeutically equiva- chaser. Unless the brand name drug is requested by the lent drugs which, when adopted, shall be provided to all reg- patient or the patient's representative, the pharmacist shall istered pharmacists in the state and shall be updated as neces- substitute an equivalent drug product which he or she has in sary. [2013 c 19 § 58; 1979 c 110 § 7; 1977 ex.s. c 352 § 9.] stock if its wholesale price to the pharmacist is less than the

69.41.190 Preferred drug substitution—Exceptions—Notice—Limited restrictions. wholesale price of the prescribed drug product, and at least 69.41.190 Preferred drug substitution—Excep- sixty percent of the savings shall be passed on to the pur- tions—Notice—Limited restrictions. (1)(a) Except as pro- chaser. [2012 c 117 § 365; 1986 c 52 § 2; 1979 c 110 § 3; vided in subsection (2) of this section, any pharmacist filling 1977 ex.s. c 352 § 4.] a prescription under a state purchased health care program as 2014 [Title 69 RCW—page 55] 69.41.200 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons defined in *RCW 41.05.011(2) shall substitute, where identi- sis, and hospitalization history with the endorsing practitio- fied, a preferred drug for any nonpreferred drug in a given ner; and therapeutic class, unless the endorsing practitioner has indi- (v) Specifically for antipsychotic restrictions, the state cated on the prescription that the nonpreferred drug must be purchased health care program shall effectively guide good dispensed as written, or the prescription is for a refill of an practice without interfering with the timeliness of clinical antipsychotic, antidepressant, antiepileptic, chemotherapy, decision making. Health care authority prior authorization antiretroviral, or immunosuppressive drug, or for the refill of programs must provide for responses within twenty-four a immunomodulator/antiviral treatment for hepatitis C for hours and at least a seventy-two hour emergency supply of which an established, fixed duration of therapy is prescribed the requested drug. for at least twenty-four weeks but no more than forty-eight (d) If, within a therapeutic class, there is an equally weeks, in which case the pharmacist shall dispense the pre- effective therapeutic alternative over-the-counter drug avail- scribed nonpreferred drug. able, a state purchased health care program may designate the (b) When a substitution is made under (a) of this subsec- over-the-counter drug as the preferred drug. tion, the dispensing pharmacist shall notify the prescribing (e) A state purchased health care program may impose practitioner of the specific drug and dose dispensed. limited restrictions on endorsing practitioners' authority to (2)(a) A state purchased health care program may prescribe pharmaceuticals to be dispensed as written for a impose limited restrictions on an endorsing practitioner's purpose outside the scope of their approved labels only under authority to write a prescription to dispense as written only the following circumstances: under the following circumstances: (i) There is a less expensive, equally effective on-label (i) There is statistical or clear data demonstrating the product available to treat the condition; endorsing practitioner's frequency of prescribing dispensed (ii) The drug use review board established under WAC as written for nonpreferred drugs varies significantly from 388-530-4000 reviews and provides recommendations as to the prescribing patterns of his or her peers; the appropriateness of the limitation; and (ii) The medical director of a state purchased health pro- (iii) Notwithstanding the limitation set forth in (e)(ii) of gram has: (A) Presented the endorsing practitioner with data this subsection (2), the endorsing practitioner shall have an that indicates the endorsing practitioner's prescribing patterns opportunity to request as medically necessary, that the drug vary significantly from his or her peers, (B) provided the be prescribed for a covered off-label purpose. endorsing practitioner an opportunity to explain the variation (f) The provisions of this subsection related to the defini- in his or her prescribing patterns to those of his or her peers, tion of medically necessary, prior authorization procedures and (C) if the variation in prescribing patterns cannot be and patient appeal rights shall be implemented in a manner explained, provided the endorsing practitioner sufficient time consistent with applicable federal and state law. to change his or her prescribing patterns to align with those of (3) Notwithstanding the limitations in subsection (2) of his or her peers; and this section, for refills for an antipsychotic, antidepressant, (iii) The restrictions imposed under (a) of this subsection antiepileptic, chemotherapy, antiretroviral, or immunosup- (2) must be limited to the extent possible to reduce variation pressive drug, or for the refill of an immunomodulator antivi- in prescribing patterns and shall remain in effect only until ral treatment for hepatitis C for which an established, fixed such time as the endorsing practitioner can demonstrate a duration of therapy is prescribed for at least twenty-four reduction in variation in line with his or her peers. weeks by no more than forty-eight weeks, the pharmacist (b) A state purchased health care program may immedi- shall dispense the prescribed nonpreferred drug. [2011 1st ately designate an available, less expensive, equally effective sp.s. c 15 § 80; 2009 c 575 § 1; 2006 c 233 § 1; 2003 1st sp.s. generic product in a previously reviewed drug class as a pre- c 29 § 5.] ferred drug, without first submitting the product to review by *Reviser's note: RCW 41.05.011 was alphabetized pursuant to RCW the pharmacy and therapeutics committee established pursu- 1.08.015(2)(k), changing subsection (2) to subsection (21). ant to RCW 70.14.050. Effective date—Findings—Intent—Report—Agency transfer— (c) For a patient's first course of treatment within a ther- References to head of health care authority—Draft legislation—2011 1st apeutic class of drugs, a state purchased health care program sp.s. c 15: See notes following RCW 74.09.010. may impose limited restrictions on endorsing practitioners' Effective date—2009 c 575: "This act is necessary for the immediate authority to write a prescription to dispense as written, only preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately under the following circumstances: [May 19, 2009]." [2009 c 575 § 2.] (i) There is a less expensive, equally effective therapeu- Finding—Intent—Severability—Conflict with federal require- tic alternative generic product available to treat the condition; ments—Effective date—2003 1st sp.s. c 29: See notes following RCW (ii) The drug use review board established under WAC 74.09.650. 388-530-4000 reviews and provides recommendations as to the appropriateness of the limitation; IDENTIFICATION OF LEGEND DRUGS—MARKING (iii) Notwithstanding the limitation set forth in (c)(ii) of this subsection (2), the endorsing practitioner shall have an 69.41.200 Requirements for identification of legend drugs—Marking. Requirements for identification of legend opportunity to request as medically necessary, that the brand drugs—Marking. (1) No legend drug in solid dosage form name drug be prescribed as the first course of treatment; may be manufactured or commercially distributed within this (iv) The state purchased health care program may prostate unless it has clearly marked or imprinted on it an indi- vide, where available, prescription, emergency room, diagno- vidual symbol, number, company name, words, letters, mark- [Title 69 RCW—page 56] 2014 Legend Drugs—Prescription Drugs 69.41.310

69.41.250 Exemptions. ing, or National Drug Code number identifying the drug and 69.41.250 Exemptions. (1) The commission, upon the manufacturer or distributor of such drug. application of a manufacturer, may exempt a particular leg- (2) No manufacturer or distributor may sell any legend end drug from the requirements of RCW 69.41.050 and drug contained within a bottle, vial, carton, or other con- 69.41.200 through 69.41.260 on the grounds that imprinting tainer, or in any way affixed or appended to or enclosed is infeasible because of size, texture, or other unique charac- within a package of any kind designed or intended for deliv- teristics. ery in such container or package to an ultimate consumer (2) The provisions of RCW 69.41.050 and 69.41.200 within this state unless such container or package has clearly through 69.41.260 shall not apply to any legend drug which and permanently marked or imprinted on it an individual is prepared or manufactured by a pharmacy in this state and is symbol, number, company name, words, letters, marking, or for the purpose of retail sale from such pharmacy and not National Drug Code number identifying the drug and the intended for resale. [2013 c 19 § 61; 1980 c 83 § 6.] manufacturer or distributor of such drug. (3) Whenever the distributor of a legend drug does not 69.41.260 Manufacture or distribution for resale—Requirements. Manufacture or distribution for resale— also manufacture it, the names and places of businesses of Requirements. All legend drugs manufactured or distrib- both shall appear on the stock container or package label in uted for resale to any entity in this state other than the ulti- words that truly distinguish each. [1980 c 83 § 1.] mate consumer shall meet the requirements of RCW 69.41.050 and 69.41.200 through 69.41.260 from a date eigh- 69.41.210 Definitions. 69.41.210 Definitions. The terms defined in this sec- teen months after June 12, 1980. [1980 c 83 § 7.] tion shall have the meanings indicated when used in RCW 69.41.200 through 69.41.260. 69.41.280 Confidentiality. Confidentiality. All records, reports, and (1) "Commission" means the pharmacy quality assur- information obtained by the pharmacy quality assurance ance commission. commission or its authorized representatives from or on (2) "Distributor" means any corporation, person, or other behalf of a pharmaceutical manufacturer, representative of a entity which distributes for sale a legend drug under its own manufacturer, wholesaler, pharmacy, or practitioner who label even though it is not the actual manufacturer of the leg- purchases, dispenses, or distributes legend drugs under this end drug. chapter are confidential and exempt from public inspection (3) "Legend drug" means any drugs which are required and copying under chapter 42.56 RCW. Nothing in this sec- by state law or regulation of the commission to be dispensed tion restricts the investigations or the proceedings of the com- as prescription only or are restricted to use by prescribing mission so long as the commission and its authorized repre- practitioners only and shall include controlled substances in sentatives comply with the provisions of chapter 42.56 RCW. Schedules II through V of chapter 69.50 RCW. [2013 c 19 § 62; 2005 c 274 § 329; 1989 c 352 § 6.] (4) "Solid dosage form" means capsules or tablets or Part headings not law—Effective date—2005 c 274: See RCW similar legend drug products intended for administration and 42.56.901 and 42.56.902. which could be ingested orally. [2013 c 19 § 59; 1980 c 83 § 2.] USE OF STEROIDS Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k). 69.41.300 Definitions. 69.41.300 Definitions. For the purposes of RCW

69.41.220 Published lists of drug imprints—Requirements for. 69.41.220 Published lists of drug imprints—Require- 69.41.300 through 69.41.350, "steroids" shall include the fol- ments for. Each manufacturer and distributor shall publish lowing: and provide to the board by filing with the department printed (1) "Anabolic steroids" means synthetic derivatives of material which will identify each current imprint used by the testosterone or any isomer, ester, salt, or derivative that act in manufacturer or distributor. The board shall be notified of the same manner on the human body; any change by the filing of any change with the department. (2) "Androgens" means testosterone in one of its forms This information shall be provided by the department to all or a derivative, isomer, ester, or salt, that act in the same man- pharmacies licensed in the state of Washington, poison con- ner on the human body; and trol centers, and hospital emergency rooms. [1989 1st ex.s. c (3) "Human growth hormones" means growth hormones, 9 § 428; 1980 c 83 § 3.] or a derivative, isomer, ester, or salt that act in the same man- Additional notes found at www.leg.wa.gov ner on the human body. [2003 c 53 § 328; 1989 c 369 § 1.] Intent—Effective date—2003 c 53: See notes following RCW

69.41.230 Drugs in violation are contraband. 69.41.230 Drugs in violation are contraband. Any 2.48.180. legend drug prepared or manufactured or offered for sale in violation of this chapter or implementing rules shall be con- 69.41.310 Rules. Rules. The pharmacy quality assurance com- traband and subject to seizure under the provisions of RCW mission shall specify by rule drugs to be classified as steroids 69.41.060. [1980 c 83 § 4.] as defined in RCW 69.41.300. On or before December 1 of each year, the commission 69.41.240 Rules—Labeling and marking. 69.41.240 Rules—Labeling and marking. The com- shall inform the appropriate legislative committees of refer- mission shall have authority to promulgate rules and regula- ence of the drugs that the commission has added to the ste- tions for the enforcement and implementation of RCW roids in RCW 69.41.300. The commission shall submit a 69.41.050 and 69.41.200 through 69.41.260. [2013 c 19 § statement of rationale for the changes. [2013 c 19 § 63; 1989 60; 1980 c 83 § 5.] c 369 § 2.] 2014 [Title 69 RCW—page 57] 69.41.320 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.41.320 Practitioners—Restricted use—Medical records. 69.41.900 Severability—1979 c 110. 69.41.320 Practitioners—Restricted use—Medical 69.41.900 Severability—1979 c 110. If any provision records. (1)(a) A practitioner shall not prescribe, administer, of this 1979 act or its application to any person or circum- or dispense steroids, as defined in RCW 69.41.300, or any stance is held invalid, the remainder of the act or the applica- form of autotransfusion for the purpose of manipulating hor- tion of the provision to other persons or circumstances is not mones to increase muscle mass, strength, or weight, or for the affected. [1979 c 110 § 8.] purpose of enhancing athletic ability, without a medical necessity to do so. Chapter 69.43 Chapter 69.43 RCW (b) A person violating this subsection is guilty of a gross 69.43 PRECURSOR DRUGS PRECURSOR DRUGS misdemeanor and is subject to disciplinary action under RCW 18.130.180. Sections (2) A practitioner shall complete and maintain patient 69.43.010 Report to pharmacy quality assurance commission—List of medical records which accurately reflect the prescribing, substances—Modification of list—Identification of purchasers—Report of transactions—Penalties. administering, or dispensing of any substance or drug 69.43.020 Receipt of substance from source outside state—Report—Pen- described in this section or any form of autotransfusion. alty. 69.43.030 Exemptions. Patient medical records shall indicate the diagnosis and pur- 69.43.035 Suspicious transactions—Report—Penalty. pose for which the substance, drug, or autotransfusion is pre- 69.43.040 Reporting form. scribed, administered, or dispensed and any additional infor- 69.43.043 Recordkeeping requirements—Penalty. 69.43.048 Reporting and recordkeeping requirements—Submission of mation upon which the diagnosis is based. [2003 c 53 § 329; computer readable data, copies of federal reports. 1989 c 369 § 3.] 69.43.050 Rules. 69.43.060 Theft—Missing quantity—Reporting. Intent—Effective date—2003 c 53: See notes following RCW 69.43.070 Sale, transfer, or furnishing of substance for unlawful pur- 2.48.180. pose—Receipt of substance with intent to use unlawfully— Class B felony.

69.41.330 Public warnings—School districts. 69.41.330 69.43.080 False statement in report or record—Class C felony. 69.41.330 Public warnings—School districts. The 69.43.090 Permit to sell, transfer, furnish, or receive substance—Exemp- superintendent of public instruction shall develop and distrib- tions—Application for permit—Fee—Renewal—Penalty. ute to all school districts signs of appropriate design and 69.43.100 Refusal, suspension, or revocation of a manufacturer's or wholesaler's permit. dimensions advising students of the health risks that steroids 69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales present when used solely to enhance athletic ability, and of restrictions—Record of transaction—Exceptions—Penalty. the penalties for their unlawful possession provided by RCW 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Electronic sales tracking system—Penalty. 69.41.300 through 69.41.350. 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine—Posses- School districts shall post or cause the signs to be posted sion of more than fifteen grams—Penalty—Exceptions. 69.43.130 Exemptions—Pediatric products—Products exempted by the in a prominent place for ease of viewing on the premises of pharmacy quality assurance commission. school athletic departments. [2003 c 53 § 330; 1989 c 369 § 69.43.135 Iodine, methylsulfonylmethane—Sales restrictions—Record- 5.] ing of transactions—Penalties. 69.43.140 Civil penalty—Pharmacy quality assurance commission Intent—Effective date—2003 c 53: See notes following RCW waiver. 2.48.180. 69.43.150 Application of chapter to local government. 69.43.160 Ephedrine, pseudoephedrine, phenylpropanolamine—Meth- ods to prevent sales violations—Department of health prep- 69.41.340 Student athletes—Violations—Penalty. 69.41.340 Student athletes—Violations—Penalty. aration of sign summarizing prohibitions. The superintendent of public instruction, in consultation with 69.43.165 Ephedrine, pseudoephedrine, phenylpropanolamine—Elec- tronic sales tracking system—Pharmacy quality assurance the Washington interscholastic activity association, shall pro- commission authority to adopt rules. mulgate rules by January 1, 1990, regarding loss of eligibility 69.43.168 Pharmacy, shopkeeper, or itinerant vendor—Electronic sales to participate in school-sponsored athletic events for any stu- tracking system—Liability. 69.43.180 Expansion of log requirements—Petition by law enforcement. dent athlete found to have violated this chapter. The regents 69.43.190 Products found at methamphetamine sites—Report. or trustees of each institution of higher education shall pro-

69.43.010 Report to pharmacy quality assurance commission—List of substances—Modification of list—Identification of purchasers—Report of transactions—Penalties. mulgate rules by January 1, 1990, regarding loss of eligibility 69.43.010 Report to pharmacy quality assurance to participate in school-sponsored athletic events for any stu- commission—List of substances—Modification of list— dent athlete found to have violated this chapter. [1989 c 369 Identification of purchasers—Report of transactions— § 6.] Penalties. (1) A report to the pharmacy quality assurance commission shall be submitted in accordance with this chap- 69.41.350 Penalties. 69.41.350 Penalties. (1) A person who violates the pro- ter by a manufacturer, wholesaler, retailer, or other person visions of this chapter by possessing under two hundred tab- who sells, transfers, or otherwise furnishes to any person any lets or eight 2cc bottles of steroid without a valid prescription of the following substances or their salts or isomers: is guilty of a gross misdemeanor. (a) Anthranilic acid; (2) A person who violates the provisions of this chapter (b) Barbituric acid; by possessing over two hundred tablets or eight 2cc bottles of (c) Chlorephedrine; steroid without a valid prescription is guilty of a class C fel- (d) Diethyl malonate; ony and shall be punished according to chapter 9A.20 RCW. (e) D-lysergic acid; [2003 c 53 § 326; 1989 c 369 § 4; 1983 1st ex.s. c 4 § 4; 1973 (f) Ephedrine; 1st ex.s. c 186 § 7. Formerly RCW 69.41.070.] (g) Ergotamine tartrate; Intent—Effective date—2003 c 53: See notes following RCW (h) Ethylamine; 2.48.180. (i) Ethyl malonate; Additional notes found at www.leg.wa.gov (j) Ethylephedrine; [Title 69 RCW—page 58] 2014 Precursor Drugs 69.43.030

(k) Lead acetate; rize the submission of the reports on a monthly basis with (l) Malonic acid; respect to repeated, regular transactions between the fur- (m) Methylamine; nisher and the recipient involving the same substance if the (n) Methylformamide; pharmacy quality assurance commission determines that (o) Methylephedrine; either of the following exist: (p) Methylpseudoephedrine; (a) A pattern of regular supply of the substance exists (q) N-acetylanthranilic acid; between the manufacturer, wholesaler, retailer, or other per- (r) Norpseudoephedrine; son who sells, transfers, or otherwise furnishes such sub- (s) Phenylacetic acid; stance and the recipient of the substance; or (t) Phenylpropanolamine; (b) The recipient has established a record of using the (u) Piperidine; substance for lawful purposes. (v) Pseudoephedrine; and (5) Any person specified in subsection (4) of this section (w) Pyrrolidine. who does not submit a report as required by subsection (4) of (2) The pharmacy quality assurance commission shall this section is guilty of a gross misdemeanor. [2013 c 19 § administer this chapter and may, by rule adopted pursuant to 64; 2001 c 96 § 2; 1998 c 245 § 107; 1988 c 147 § 1.] chapter 34.05 RCW, add a substance to or remove a sub- Intent—2001 c 96: "Communities all over the state of Washington have stance from the list in subsection (1) of this section. In deter- experienced an increase in the illegal manufacture of methamphetamine. mining whether to add or remove a substance, the commis- Illegal methamphetamine labs create a significant threat to the health and safety of the people of the state. Some of the chemicals and compounds used sion shall consider the following: to make methamphetamine, and the toxic wastes the process generates, are (a) The likelihood that the substance is useable as a pre- hazards to the public health. Increases in crime, violence, and the abuse and cursor in the illegal production of a controlled substance as neglect of children present at laboratory sites are also associated with the defined in chapter 69.50 RCW; increasing number of illegal laboratory sites. The drugs ephedrine, pseudoephedrine, and phenylpropanolamine, which are used in the illegal manufac- (b) The availability of the substance; ture of methamphetamine, have been identified as factors in the increase in (c) The relative appropriateness of including the sub- the number of illegal methamphetamine labs. Therefore, it is the intent of the stance in this chapter or in chapter 69.50 RCW; and legislature to place restrictions on the sale and possession of those three (d) The extent and nature of legitimate uses for the sub- drugs in order to reduce the proliferation of illegal methamphetamine laboratories and the associated threats to public health and safety." [2001 c 96 § stance. 1.] (3)(a) Any manufacturer, wholesaler, retailer, or other Additional notes found at www.leg.wa.gov person shall, before selling, transferring, or otherwise fur-

69.43.020 Receipt of substance from source outside state—Report—Penalty. nishing any substance specified in subsection (1) of this sec- 69.43.020 Receipt of substance from source outside tion to any person, require proper identification from the pur- state—Report—Penalty. (1) Any manufacturer, whole- chaser. saler, retailer, or other person who receives from a source (b) For the purposes of this subsection, "proper identifi- outside of this state any substance specified in RCW cation" means: 69.43.010(1) shall submit a report of such transaction to the (i) A motor vehicle operator's license or other official pharmacy quality assurance commission under rules adopted state-issued identification of the purchaser containing a pho- by the commission. tograph of the purchaser, and includes the residential or mail- (2) Any person specified in subsection (1) of this section ing address of the purchaser, other than a post office box who does not submit a report as required by subsection (1) of number; this section is guilty of a gross misdemeanor. [2013 c 19 § (ii) The motor vehicle license number of any motor vehi- 65; 2001 c 96 § 3; 1988 c 147 § 2.] cle owned or operated by the purchaser; Intent—Severability—2001 c 96: See notes following RCW (iii) A letter of authorization from any business for 69.43.010. which any substance specified in subsection (1) of this sec-

69.43.030 Exemptions. tion is being furnished, which includes the business license 69.43.030 Exemptions. RCW 69.43.010 and 69.43.020 number and address of the business; do not apply to any of the following: (iv) A description of how the substance is to be used; and (1) Any pharmacist or other authorized person who sells (v) The signature of the purchaser. or furnishes a substance upon the prescription of a practitio- The person selling, transferring, or otherwise furnishing ner, as defined in chapter 69.41 RCW; any substance specified in subsection (1) of this section shall (2) Any practitioner who administers or furnishes a sub- affix his or her signature as a witness to the signature and stance to his or her patients; identification of the purchaser. (3) Any manufacturer or wholesaler licensed by the (c) A violation of or a failure to comply with this subsec- pharmacy quality assurance commission who sells, transfers, tion is a misdemeanor. or otherwise furnishes a substance to a licensed pharmacy or (4) Any manufacturer, wholesaler, retailer, or other per- practitioner; son who sells, transfers, or otherwise furnishes the substance (4) Any sale, transfer, furnishing, or receipt of any drug specified in subsection (1) of this section to any person shall, that contains ephedrine, phenylpropanolamine, or pseudo- not less than twenty-one days before delivery of the sub- ephedrine, or of any cosmetic that contains a substance spec- stance, submit a report of the transaction, which includes the ified in RCW 69.43.010(1), if such drug or cosmetic is law- identification information specified in subsection (3) of this fully sold, transferred, or furnished, over the counter without section to the pharmacy quality assurance commission. How- a prescription under chapter 69.04 or 69.41 RCW. [2013 c 19 ever, the pharmacy quality assurance commission may autho- § 66; 1988 c 147 § 3.] 2014 [Title 69 RCW—page 59] 69.43.035 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.43.043 Recordkeeping requirements—Penalty. 69.43.035 Suspicious transactions—Report—Penalty. Suspicious transactions—Report—Pen- 69.43.043 Recordkeeping requirements—Penalty. alty. (1) Any manufacturer or wholesaler who sells, trans- (1) Any manufacturer or wholesaler who sells, transfers, or fers, or otherwise furnishes any substance specified in RCW otherwise furnishes any substance specified in RCW 69.43.010(1) to any person in a suspicious transaction shall 69.43.010(1) to any person shall maintain a record of each report the transaction in writing to the pharmacy quality such sale or transfer. The records must contain: assurance commission. (a) The name of the substance; (2) Any person specified in subsection (1) of this section (b) The quantity of the substance sold, transferred, or who does not submit a report as required by subsection (1) of furnished; this section is guilty of a gross misdemeanor. (c) The date the substance was sold, transferred, or fur- (3) For the purposes of this section, "suspicious transac- nished; tion" means a sale or transfer to which any of the following (d) The name and address of the person buying or receiv- applies: ing the substance; and (e) The method of and amount of payment for the sub- (a) The circumstances of the sale or transfer would lead stance. a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a con- (2) The records of sales and transfers required by this trolled substance under chapter 69.50 RCW, based on such section shall be available for inspection by the pharmacy factors as the amount involved, the method of payment, the quality assurance commission and its authorized representa- method of delivery, and any past dealings with any partici- tives and shall be maintained for two years. pant in the transaction. The pharmacy quality assurance com- (3) A violation of this section is a gross misdemeanor. mission shall adopt by rule criteria for determining whether a [2013 c 19 § 69; 2001 c 96 § 5.] transaction is suspicious, taking into consideration the rec- Intent—Severability—2001 c 96: See notes following RCW ommendations in appendix A of the report to the United 69.43.010.

69.43.048 Reporting and recordkeeping requirements—Submission of computer readable data, copies of federal reports. States attorney general by the suspicious orders task force 69.43.048 69.43.048 Reporting and recordkeeping require- under the federal comprehensive methamphetamine control ments—Submission of computer readable data, copies of act of 1996. federal reports. A manufacturer, wholesaler, retailer, or (b) The transaction involves payment for any substance other person who sells, transfers, or otherwise furnishes any specified in RCW 69.43.010(1) in cash or money orders in a substance specified in RCW 69.43.010(1) and who is subject total amount of more than two hundred dollars. to the reporting or recordkeeping requirements of this chapter (4) The pharmacy quality assurance commission shall may satisfy the requirements by submitting to the pharmacy transmit to the department of revenue a copy of each report of quality assurance commission, and its authorized representa- a suspicious transaction that it receives under this section. tives: [2013 c 19 § 67; 2004 c 52 § 6; 2001 c 96 § 4.] (1) Computer readable data from which all of the Finding—Severability—Effective date—2004 c 52: See notes follow- required information may be readily derived; or ing RCW 18.64.044. (2) Copies of reports that are filed under federal law that Intent—Severability—2001 c 96: See notes following RCW contain all of the information required by the particular 69.43.010. reporting or recordkeeping requirement of this chapter which it is submitted to satisfy. [2013 c 19 § 70; 2001 c 96 § 6.] 69.43.040 Reporting form. 69.43.040 Reporting form. (1) The department of Intent—Severability—2001 c 96: See notes following RCW health, in accordance with rules developed by the pharmacy 69.43.010. quality assurance commission shall provide a common 69.43.050 Rules. reporting form for the substances in RCW 69.43.010 that 69.43.050 Rules. (1) The pharmacy quality assurance contains at least the following information: commission may adopt all rules necessary to carry out this (a) Name of the substance; chapter. (b) Quantity of the substance sold, transferred, or fur- (2) Notwithstanding subsection (1) of this section, the nished; department of health may adopt rules necessary for the administration of this chapter. [2013 c 19 § 71; 1989 1st ex.s. (c) The date the substance was sold, transferred, or fur- c 9 § 442; 1988 c 147 § 5.] nished; Additional notes found at www.leg.wa.gov (d) The name and address of the person buying or receiv-

69.43.060 Theft—Missing quantity—Reporting. ing the substance; and 69.43.060 69.43.060 Theft—Missing quantity—Reporting. (1) (e) The name and address of the manufacturer, whole- The theft or loss of any substance under RCW 69.43.010 dis- saler, retailer, or other person selling, transferring, or furnish- covered by any person regulated by this chapter shall be ing the substance. reported to the pharmacy quality assurance commission (2) Monthly reports authorized under RCW 69.43.010(4) within seven days after such discovery. may be computer-generated in accordance with rules adopted (2) Any difference between the quantity of any substance by the department. [2013 c 19 § 68; 2001 c 96 § 7; 1989 1st under RCW 69.43.010 received and the quantity shipped ex.s. c 9 § 441; 1988 c 147 § 4.] shall be reported to the pharmacy quality assurance commis- Intent—Severability—2001 c 96: See notes following RCW sion within seven days of the receipt of actual knowledge of 69.43.010. the discrepancy. When applicable, any report made pursuant Additional notes found at www.leg.wa.gov to this subsection shall also include the name of any common [Title 69 RCW—page 60] 2014 Precursor Drugs 69.43.105 carrier or person who transported the substance and the date (7) Selling, transferring, or otherwise furnishing, or of shipment of the substance. [2013 c 19 § 72; 1988 c 147 § receiving any substance specified in RCW 69.43.010 without 6.] a required permit, is a gross misdemeanor. [2013 c 19 § 73; 2001 c 96 § 8; 1989 1st ex.s. c 9 § 443; 1988 c 147 § 9.] 69.43.070 Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—Class B felony. 69.43.070 Sale, transfer, or furnishing of substance Intent—Severability—2001 c 96: See notes following RCW for unlawful purpose—Receipt of substance with intent to 69.43.010. use unlawfully—Class B felony. (1) Any manufacturer, Additional notes found at www.leg.wa.gov wholesaler, retailer, or other person who sells, transfers, or 69.43.100 Refusal, suspension, or revocation of a manufacturer's or wholesaler's permit. otherwise furnishes any substance listed in RCW 69.43.010 69.43.100 Refusal, suspension, or revocation of a with knowledge or the intent that the recipient will use the manufacturer's or wholesaler's permit. The pharmacy substance unlawfully to manufacture a controlled substance quality assurance commission shall have the power to refuse, under chapter 69.50 RCW is guilty of a class B felony under suspend, or revoke the permit of any manufacturer or whole- chapter 9A.20 RCW. saler upon proof that: (2) Any person who receives any substance listed in (1) The permit was procured through fraud, misrepresen- RCW 69.43.010 with intent to use the substance unlawfully tation, or deceit; to manufacture a controlled substance under chapter 69.50 (2) The permittee has violated or has permitted any RCW is guilty of a class B felony under chapter 9A.20 RCW. employee to violate any of the laws of this state relating to [1988 c 147 § 7.] drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the 69.43.080 False statement in report or record—Class C felony. 69.43.080 False statement in report or record—Class pharmacy quality assurance commission. [2013 c 19 § 74; C felony. It is unlawful for any person knowingly to make a 1988 c 147 § 10.] false statement in connection with any report or record

69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Record of transaction—Exceptions—Penalty. required under this chapter. A violation of this section is a 69.43.105 Ephedrine, pseudoephedrine, phenylpro- class C felony under chapter 9A.20 RCW. [1988 c 147 § 8.] panolamine—Sales restrictions—Record of transaction—Exceptions—Penalty. (1) For purposes of this sec- 69.43.090 Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty. 69.43.090 Permit to sell, transfer, furnish, or receive tion, "traditional Chinese herbal practitioner" means a person substance—Exemptions—Application for permit—Fee— who is certified as a diplomate in Chinese herbology from the Renewal—Penalty. (1) Any manufacturer, wholesaler, national certification commission for acupuncture and orien- retailer, or other person who sells, transfers, or otherwise fur- tal medicine or who has received a certificate in Chinese her- nishes any substance specified in RCW 69.43.010 to any per- bology from a school accredited by the accreditation council son or who receives from a source outside of the state any on acupuncture and oriental medicine. substance specified in RCW 69.43.010 shall obtain a permit (2) A pharmacy licensed by, or shopkeeper or itinerant for the conduct of that business from the pharmacy quality vendor registered with, the department of health under chap- assurance commission. However, a permit shall not be ter 18.64 RCW, or an employee thereof, a practitioner as required of any manufacturer, wholesaler, retailer, or other defined in RCW 18.64.011, or a traditional Chinese herbal person for the sale, transfer, furnishing, or receipt of any drug practitioner may not knowingly sell, transfer, or otherwise that contains ephedrine, phenylpropanolamine, or pseudo- furnish to any person a product at retail that he or she knows ephedrine, or of any cosmetic that contains a substance spec- to contain any detectable quantity of ephedrine, pseudo- ified in RCW 69.43.010(1), if such drug or cosmetic is law- ephedrine, or phenylpropanolamine, or their salts, isomers, or fully sold, transferred, or furnished over the counter without salts of isomers, without first obtaining photo identification a prescription or by a prescription under chapter 69.04 or of the person that shows the date of birth of the person. 69.41 RCW. (3) A person buying or receiving a product at retail con- (2) Applications for permits shall be filed with the taining any detectable quantity of ephedrine, pseudoephed- department in writing and signed by the applicant, and shall rine, or phenylpropanolamine, or their salts, isomers, or salts set forth the name of the applicant, the business in which the of isomers, from a pharmacy licensed by, or shopkeeper or applicant is engaged, the business address of the applicant, itinerant vendor registered with, the department of health and a full description of any substance sold, transferred, or under chapter 18.64 RCW, or an employee thereof, a practi- otherwise furnished, or received. tioner as defined in RCW 18.64.011, or a traditional Chinese (3) The commission may grant permits on forms pre- herbal practitioner must first produce photo identification of scribed by it. The permits shall be effective for not more than the person that shows the date of birth of the person. one year from the date of issuance. (4) Any product containing any detectable quantity of (4) Each applicant shall pay at the time of filing an appli- ephedrine, pseudoephedrine, or phenylpropanolamine, or cation for a permit a fee determined by the department. their salts, isomers, or salts of isomers, shall be kept (a) (5) A permit granted under this chapter may be renewed behind a counter where the public is not permitted, or (b) in a on a date to be determined by the commission, and annually locked display case so that a customer wanting access must thereafter, upon the filing of a renewal application and the ask an employee of the merchant for assistance. payment of a permit renewal fee determined by the depart- (5) No pharmacy licensed by, or shopkeeper or itinerant ment. vendor registered with, the department of health under chap- (6) Permit fees charged by the department shall not ter 18.64 RCW, or an employee thereof, a practitioner as exceed the costs incurred by the department in administering defined in RCW 18.64.011, or a traditional Chinese herbal this chapter. practitioner may sell any product containing any detectable 2014 [Title 69 RCW—page 61] 69.43.110 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons quantity of ephedrine, pseudoephedrine, or phenylpropanol- (d) When the details of the transaction are recorded in a amine, or their salts, isomers, or salts of isomers, to a person pharmacy profile individually identified with the recipient that is not at least eighteen years old. and maintained by a licensed pharmacy. (6) A pharmacy licensed by, or shopkeeper or itinerant (9)(a) No pharmacy licensed by, or shopkeeper or itiner- vendor registered with, the department of health under chap- ant vendor registered with, the department of health under ter 18.64 RCW selling a nonprescription drug containing chapter 18.64 RCW, a practitioner as defined in RCW ephedrine, pseudoephedrine, phenylpropanolamine, or their 18.64.011, or a traditional Chinese herbal practitioner may salts, isomers, or salts of isomers shall require the purchaser retaliate against any employee that has made a good faith to electronically or manually sign a record of the transaction. attempt to comply with the requirements of this section by The record must include the name and address of the pur- requesting that a customer present photo identification, mak- chaser, the date and time of the sale, the name and initials of ing a reasonable effort to determine the customer's age. the shopkeeper, itinerant vendor, pharmacist, pharmacy tech- (b) No pharmacy licensed by, or shopkeeper or itinerant nician, or employee conducting the transaction, the name of vendor registered with, the department of health under chap- the product being sold, as well as the total quantity in grams, ter 18.64 RCW, a practitioner as defined in RCW 18.64.011, of ephedrine, pseudoephedrine, phenylpropanolamine, or or a traditional Chinese herbal practitioner is subject to pros- their salts, isomers, or salts of isomers, being sold. ecution under subsection (10) of this section if they made a (7) The pharmacy quality assurance commission, by good faith attempt to comply with the requirements of this rule, may exempt products containing ephedrine, pseudo- section by requesting that a customer present photo identifi- ephedrine, or phenylpropanolamine, or their salts, isomers, or cation, making a reasonable effort to determine the cus- salts of isomers, in combination with another active ingredi- tomer's age. ent from the requirements of this section if they are found not (10) A violation of this section is a gross misdemeanor. to be used in the illegal manufacture of methamphetamine or [2013 c 19 § 75; 2010 c 182 § 1; 2005 c 388 § 2.] other controlled dangerous substances. A manufacturer of a drug product may apply for removal of the product from the Finding—2005 c 388: "Restricting access to certain precursor drugs used to manufacture methamphetamine to ensure that they are only sold at requirements of this section if the product is determined by retail to individuals who will use them for legitimate purposes upon produc- the commission to have been formulated in such a way as to tion of proper identification is an essential step to controlling the manufac- effectively prevent the conversion of the active ingredient ture of methamphetamine." [2005 c 388 § 1.] into methamphetamine. The burden of proof for exemption is Effective dates—2005 c 388: "(1) Section 2 of this act takes effect upon the person requesting the exemption. The petitioner October 1, 2005. shall provide the commission with evidence that the product (2) Sections 1, 3 through 7, 9, and 10 of this act take effect January 1, 2006. has been formulated in such a way as to serve as an effective (3) Section 8 of this act is necessary for the immediate preservation of general deterrent to the conversion of pseudoephedrine into the public peace, health, or safety, or support of the state government and its methamphetamine. The evidence must include the furnishing existing public institutions, and takes effect immediately [May 11, 2005]." of a valid scientific study, conducted by an independent, pro- [2005 c 388 § 11.] fessional laboratory and evincing professional quality chem- Severability—2005 c 388: "If any provision of this act or its application ical analysis. Factors to be considered in whether a product to any person or circumstance is held invalid, the remainder of the act or the should be excluded from this section include but are not lim- application of the provision to other persons or circumstances is not affected." [2005 c 388 § 10.] ited to:

(a) Ease with which the product can be converted to 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Electronic sales tracking system—Penalty. methamphetamine; 69.43.110 Ephedrine, pseudoephedrine, phenylpro- (b) Ease with which ephedrine, pseudoephedrine, or panolamine—Sales restrictions—Electronic sales track- phenylpropanolamine is extracted from the substance and ing system—Penalty. (1) It is unlawful for a pharmacy whether it forms an emulsion, salt, or other form; licensed by, or shopkeeper or itinerant vendor registered (c) Whether the product contains a "molecular lock" that with, the department of health under chapter 18.64 RCW, or renders it incapable of being converted into methamphet- an employee thereof, or a practitioner as defined in RCW amine; 18.64.011, knowingly to sell, transfer, or to otherwise fur- (d) Presence of other ingredients that render the product nish, in a single transaction a total of more than 3.6 grams of less likely to be used in the manufacture of methamphet- ephedrine, pseudoephedrine, or phenylpropanolamine, their amine; and salts, isomers, or salts of isomers, in any twenty-four hour (e) Any pertinent data that can be used to determine the period or more than a total of nine grams per purchaser in any risk of the substance being used in the illegal manufacture of thirty-day period. methamphetamine or any other controlled substance. (2) It is unlawful for a person who is not a manufacturer, (8) Nothing in this section applies: wholesaler, pharmacy, practitioner, shopkeeper, or itinerant (a) To any product containing ephedrine, pseudoephed- vendor licensed by or registered with the department of rine, or phenylpropanolamine, or their salts, isomers, or salts health under chapter 18.64 RCW to purchase or acquire more of isomers that is not the only active ingredient and that is in than 3.6 grams in any twenty-four hour period, or more than liquid, liquid capsule, or gel capsule form; a total of nine grams in any thirty-day period, of the sub- (b) To the sale of a product that may only be sold upon stances specified in subsection (1) of this section. the presentation of a prescription; (3) It is unlawful for any person to sell or distribute any (c) To the sale of a product by a traditional Chinese of the substances specified in subsection (1) of this section herbal practitioner to a patient; or unless the person is licensed by or registered with the depart- [Title 69 RCW—page 62] 2014 Precursor Drugs 69.43.130 ment of health under chapter 18.64 RCW, or is a practitioner (A) Access to the web-based electronic sales tracking as defined in RCW 18.64.011. software, including inputting and retrieving data; (4)(a) Beginning July 1, 2011, or the date upon which the (B) The web-based software known as software as a ser- electronic sales tracking system established under RCW vice; 69.43.165 is available, whichever is later, a pharmacy (C) Training; and licensed by, or shopkeeper or itinerant vendor registered (D) Technical support to integrate to point of sale ven- with, the department of health under chapter 18.64 RCW dors, if necessary. shall, before completing a sale under this section, submit the (ii) "Cost for accessing the system" does not include: required information to the electronic sales tracking system (A) Costs relating to required internet access; established under RCW 69.43.165, as long as such a system (B) Optional hardware that a pharmacy may choose to is available without cost to the pharmacy, shopkeeper, or itin- purchase for work flow purposes; or erant vendor for accessing the system. The pharmacy, shop- (C) Other equipment. keeper, or itinerant vendor may not complete the sale if the (5) A violation of this section is a gross misdemeanor. system generates a stop sale alert, except as permitted in [2013 c 19 § 76; 2010 c 182 § 2; 2005 c 388 § 4; 2004 c 52 § RCW 69.43.165. 5; 2001 c 96 § 9.] (b) If a pharmacy, shopkeeper, or itinerant vendor selling Finding—Effective dates—Severability—2005 c 388: See notes fol- a nonprescription drug containing ephedrine, pseudoephed- lowing RCW 69.43.105. rine, or phenylpropanolamine, or their salts, isomers, or salts Finding—Severability—Effective date—2004 c 52: See notes follow- of isomers experiences mechanical or electronic failure of the ing RCW 18.64.044. electronic sales tracking system and is unable to comply with Intent—Severability—2001 c 96: See notes following RCW the electronic sales tracking requirement, he or she shall 69.43.010.

maintain a written log or an alternative electronic record- 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions. 69.43.120 keeping mechanism until such time as he or she is able to 69.43.120 Ephedrine, pseudoephedrine, phenylpro- comply with the electronic sales tracking requirement. panolamine—Possession of more than fifteen grams— Penalty—Exceptions. (1) Any person who possesses more (c) A pharmacy, shopkeeper, or itinerant vendor selling a than fifteen grams of ephedrine, pseudoephedrine, or phenyl- nonprescription drug containing ephedrine, pseudoephed- propanolamine, their salts, isomers, or salts of isomers, or a rine, or phenylpropanolamine, or their salts, isomers, or salts combination of any of those substances, is guilty of a gross of isomers may seek an exemption from submitting transac- misdemeanor. tions to the electronic sales tracking system in writing to the (2) This section does not apply to any of the following: pharmacy quality assurance commission stating the reasons (a) A pharmacist or other authorized person who sells or for the exemption. The commission may grant an exemption furnishes ephedrine, pseudoephedrine, or phenylpropanol- for good cause shown, but in no event shall a granted exemp- amine, their salts, isomers, or salts of isomers upon the pre- tion exceed one hundred eighty days. The commission may scription of a practitioner, as defined in RCW 69.41.010; grant multiple exemptions for any pharmacy, shopkeeper, or (b) A practitioner who administers or furnishes ephed- itinerant vendor if the good cause shown indicates significant rine, pseudoephedrine, or phenylpropanolamine, their salts, hardship for compliance with this section. A pharmacy, shop- isomers, or salts of isomers to his or her patients; keeper, or itinerant vendor that receives an exemption shall (c) A pharmacy, manufacturer, or wholesaler licensed maintain a logbook in hardcopy form and must require the by, or shopkeeper or itinerant vendor registered with, the purchaser to provide the information required under this sec- department of health under chapter 18.64 RCW; tion before the completion of any sale. The logbook shall be maintained as a record of each sale for inspection by any law (d) A person in the course of his or her business of sell- enforcement officer or commission inspector during normal ing, transporting, or storing ephedrine, pseudoephedrine, or business hours in accordance with any rules adopted pursuant phenylpropanolamine, their salts, isomers, or salts of iso- to RCW 69.43.165. For purposes of this subsection (4)(c), mers, for a person described in (a), (b), or (c) of this subsec- "good cause" includes, but is not limited to, situations where tion; or the installation of the necessary equipment to access the sys- (e) A person in possession of more than fifteen grams of tem is unavailable or cost prohibitive to the pharmacy, shop- ephedrine, pseudoephedrine, or phenylpropanolamine, their keeper, or itinerant vendor. salts, isomers, or salts of isomers in their home or residence under circumstances consistent with typical medicinal or (d) A pharmacy, shopkeeper, or itinerant vendor may household use as indicated by, but not limited to, storage withdraw from participating in the electronic sales tracking location and possession of products in a variety of strengths, system if the system is no longer being furnished without cost brands, types, purposes, and expiration dates. [2001 c 96 § for accessing the system. A pharmacy, shopkeeper, or itiner- 10.] ant vendor who withdraws from the electronic sales tracking Intent—Severability—2001 c 96: See notes following RCW system is subject to the same requirements as a pharmacy, 69.43.010. shopkeeper, or itinerant vendor who has been granted an

69.43.130 Exemptions—Pediatric products—Products exempted by the pharmacy quality assurance commission. exemption under (c) of this subsection. 69.43.130 Exemptions—Pediatric products—Prod- (e) For the purposes of this subsection (4) and RCW ucts exempted by the pharmacy quality assurance com- 69.43.165: mission. RCW 69.43.110 and 69.43.120 do not apply to: (i) "Cost for accessing the system" means costs relating (1) Pediatric products primarily intended for administra- to: tion to children under twelve years of age, according to label 2014 [Title 69 RCW—page 63] 69.43.135 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons instructions, either: (a) In solid dosage form whose individual tion issued by a licensed veterinarian, physician, or advanced dosage units do not exceed fifteen milligrams of ephedrine, registered nurse practitioner; pseudoephedrine, or phenylpropanolamine; or (b) in liquid (b) A person who possesses iodine in its elemental form, form whose recommended dosage, according to label instruc- an iodine matrix, or any quantity of methylsulfonylmethane tions, does not exceed fifteen milligrams of ephedrine, pseu- in its powder form and is actively engaged in the practice of doephedrine, or phenylpropanolamine per five milliliters of animal husbandry of livestock; liquid product; (c) A person who possesses iodine in its elemental form (2) Pediatric liquid products primarily intended for or an iodine matrix in conjunction with experiments con- administration to children under two years of age for which ducted in a chemistry or chemistry-related laboratory main- the recommended dosage does not exceed two milliliters and tained by a: the total package content does not exceed one fluid ounce; (i) Public or private secondary school; (3) Products that the pharmacy quality assurance com- (ii) Public or private institution of higher education that mission, upon application of a manufacturer, exempts by rule is accredited by a regional or national accrediting agency rec- from RCW 69.43.110 and 69.43.120 because the product has ognized by the United States department of education; been formulated in such a way as to effectively prevent the (iii) Manufacturing facility, government agency, or conversion of the active ingredient into methamphetamine, or research facility in the course of lawful business activities; its salts or precursors; or (d) A veterinarian, physician, advanced registered nurse (4) Products, as packaged, that the pharmacy quality practitioner, pharmacist, retail distributor, wholesaler, manu- assurance commission, upon application of a manufacturer, facturer, warehouse operator, or common carrier, or an agent exempts from RCW 69.43.110(1) and 69.43.120 because: of any of these persons who possesses iodine in its elemental (a) The product meets the federal definition of an ordi- form, an iodine matrix, or methylsulfonylmethane in its pow- nary over-the-counter pseudoephedrine product as defined in der form in the regular course of lawful business activities; or 21 U.S.C. 802; (e) A person working in a general hospital who possesses (b) The product is a salt, isomer, or salts of isomers of iodine in its elemental form or an iodine matrix in the regular pseudoephedrine and, as packaged, has a total weight of more course of employment at the hospital. than three grams but the net weight of the pseudoephedrine (4) Any person who purchases any quantity of iodine in base is equal to or less than three grams; and its elemental form, an iodine matrix, or any quantity of meth- (c) The pharmacy quality assurance commission deter- ylsulfonylmethane must present an identification card or mines that the value to the people of the state of having the driver's license issued by any state in the United States or product, as packaged, available for sale to consumers out- jurisdiction of another country before purchasing the item. weighs the danger, and the product, as packaged, has not (5) The Washington state patrol shall develop a form to been used in the illegal manufacture of methamphetamine. be used in recording transactions involving iodine in its ele- [2013 c 19 § 77; 2004 c 52 § 7; 2001 c 96 § 11.] mental form, an iodine matrix, or methylsulfonylmethane. A person who sells or otherwise transfers any quantity of iodine Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044. in its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane to a person for any purpose autho- Intent—Severability—2001 c 96: See notes following RCW 69.43.010. rized in subsection (3) of this section must record each sale or transfer. The record must be made on the form developed by

69.43.135 Iodine, methylsulfonylmethane—Sales restrictions—Recording of transactions—Penalties. the Washington state patrol and must be retained by the per- 69.43.135 Iodine, methylsulfonylmethane—Sales son for at least three years. The Washington state patrol or restrictions—Recording of transactions—Penalties. (1) any local law enforcement agency may request access to the The definitions in this subsection apply throughout this sec- records. tion unless the context clearly requires otherwise. (a) Failure to make or retain a record required under this (a) "Iodine matrix" means iodine at a concentration subsection is a misdemeanor. greater than two percent by weight in a matrix or solution. (b) Failure to comply with a request for access to records (b) "Matrix" means something, as a substance, in which required under this subsection to the Washington state patrol something else originates, develops, or is contained. or a local law enforcement agency is a misdemeanor. [2011 (c) "Methylsulfonylmethane" means methylsulfonyl- c 336 § 838; 2006 c 188 § 1.] methane in its powder form only, and does not include prod-

69.43.140 Civil penalty—Pharmacy quality assurance commission waiver. ucts containing methylsulfonylmethane in other forms such 69.43.140 Civil penalty—Pharmacy quality assur- as liquids, tablets, capsules not containing methylsulfonyl- ance commission waiver. (1) In addition to the other penal- methane in pure powder form, ointments, creams, cosmetics, ties provided for in this chapter or in chapter 18.64 RCW, the foods, and beverages. pharmacy quality assurance commission may impose a civil (2) Any person who knowingly purchases in a thirty-day penalty, not to exceed ten thousand dollars for each violation, period or possesses any quantity of iodine in its elemental on any licensee or registrant who has failed to comply with form, an iodine matrix, or more than two pounds of methyl- this chapter or the rules adopted under this chapter. In the sulfonylmethane is guilty of a gross misdemeanor, except as case of a continuing violation, every day the violation contin- provided in subsection (3) of this section. ues shall be considered a separate violation. (3) Subsection (2) of this section does not apply to: (2) The pharmacy quality assurance commission may (a) A person who possesses iodine in its elemental form waive the suspension or revocation of a license or registration or an iodine matrix as a prescription drug, under a prescrip- issued under chapter 18.64 RCW, or waive any civil penalty [Title 69 RCW—page 64] 2014 Precursor Drugs 69.43.168 under this chapter, if the licensee or registrant establishes that rules. (1) The pharmacy quality assurance commission shall he or she acted in good faith to prevent violations of this implement a real-time electronic sales tracking system to chapter, and the violation occurred despite the licensee's or monitor the nonprescription sale of products in this state con- registrant's exercise of due diligence. In making such a deter- taining any detectable quantity of ephedrine, pseudoephed- mination, the pharmacy quality assurance commission may rine, phenylpropanolamine, or their salts, isomers, or salts of consider evidence that an employer trained employees on isomers, provided that the system is available to the state how to sell, transfer, or otherwise furnish substances speci- without cost for accessing the system to the state or retailers. fied in RCW 69.43.010(1) in accordance with applicable The commission is authorized to enter into a public-private laws. [2013 c 19 § 78; 2001 c 96 § 12.] partnership, through a memorandum of understanding or Intent—Severability—2001 c 96: See notes following RCW similar arrangement, to make the system available. 69.43.010. (2) The records submitted to the tracking system are for the confidential use of the pharmacy, shopkeeper, or itinerant 69.43.150 Application of chapter to local government. 69.43.150 Application of chapter to local govern- vendor who submitted them, except that: ment. This chapter is applicable and uniform throughout this (a) The records must be produced in court when lawfully state and in all counties, cities, code cities, and towns therein. required; A county, city, code city, or town may not adopt or enforce (b) The records must be open for inspection by the phar- any ordinance, pertaining to this chapter, which prohibits macy quality assurance commission; and conduct that is not prohibited under this chapter, or defining (c) The records must be available to any general or lim- violations or penalties different from those provided under ited authority Washington peace officer to enforce the provi- this chapter. However, this section does not preclude a sions of this chapter or to federal law enforcement officers in county, city, code city, or town from revoking, canceling, accordance with rules adopted by the pharmacy quality assur- suspending, or otherwise limiting a business or professional ance commission regarding the privacy of the purchaser of license it has issued for conduct that violates any provision of products covered by chapter 182, Laws of 2010 and law this chapter. [2001 c 96 § 13.] enforcement access to the records submitted to the tracking Intent—Severability—2001 c 96: See notes following RCW system as provided in this section consistent with the federal 69.43.010. combat meth act. (3) The electronic sales tracking system shall be capable 69.43.160 Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions. 69.43.160 Ephedrine, pseudoephedrine, phenylpro- of generating a stop sale alert, which shall be a notification panolamine—Methods to prevent sales violations— that completion of the sale would result in the seller or pur- Department of health preparation of sign summarizing chaser violating the quantity limits in RCW 69.43.110 (1) prohibitions. (1) To prevent violations of RCW 69.43.110, and (2). The system shall contain an override function for use every licensee and registrant under chapter 18.64 RCW, who by a dispenser of ephedrine, pseudoephedrine, phenylpropa- sells at retail any products containing ephedrine, pseudo- nolamine, or their salts, isomers, or salts of isomers, who has ephedrine, or phenylpropanolamine, or their salts, isomers, or a reasonable fear of imminent bodily harm. Each instance in salts of isomers, shall do either or may do both of the follow- which the override function is utilized shall be logged by the ing: system. (a) Program scanners, cash registers, or other electronic (4) The pharmacy quality assurance commission shall devices used to record sales in a manner that will alert per- have the authority to adopt rules necessary to implement and sons handling transactions to potential violations of RCW enforce the provisions of this section. The pharmacy quality 69.43.110(1) and/or prevent such violations; or assurance commission shall adopt rules regarding the privacy (b) Place one or more signs on the premises to notify cus- of the purchaser of products covered by chapter 182, Laws of tomers of the prohibitions of RCW 69.43.110. Any such sign 2010, and any public or law enforcement access to the may, but is not required to, conform to the language and for- records submitted to the tracking system as provided in sub- mat prepared by the department of health under subsection section (2)(c) of this section consistent with the federal com- (2) of this section. bat meth act. (2) The department of health shall prepare language and (5) The pharmacy quality assurance commission may format for a sign summarizing the prohibitions in RCW not raise licensing or registration fees to fund the rule making 69.43.110 and 69.43.120 and make the language and format or implementation of this section. [2013 c 19 § 79; 2010 c available to licensees and registrants under chapter 18.64 182 § 3.] RCW, for voluntary use in their places of business to inform 69.43.168 Pharmacy, shopkeeper, or itinerant vendor—Electronic sales tracking system—Liability. customers and employees of the prohibitions. Nothing in this 69.43.168 Pharmacy, shopkeeper, or itinerant ven- section requires the department of health to provide licensees dor—Electronic sales tracking system—Liability. A phar- or registrants with copies of signs, or any licensee or regis- macy, shopkeeper, or itinerant vendor participating in the trant to use the specific language or format prepared by the electronic sales tracking system under RCW 69.43.110(4): department under this subsection. [2001 c 96 § 14.] (1) Is not liable for civil damages resulting from any act Intent—Severability—2001 c 96: See notes following RCW or omission in carrying out the requirements of RCW 69.43.010. 69.43.110(4), other than an act or omission constituting gross negligence or willful or wanton misconduct; and 69.43.165 Ephedrine, pseudoephedrine, phenylpropanolamine—Electronic sales tracking system—Pharmacy quality assurance commission authority to adopt rules. 69.43.165 Ephedrine, pseudoephedrine, phenylpro- (2) Is not liable for civil damages resulting from a data panolamine—Electronic sales tracking system—Phar- breach that was proximately caused by a failure on the part of macy quality assurance commission authority to adopt the electronic sales tracking system to take reasonable care 2014 [Title 69 RCW—page 65] 69.43.180 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons through the use of industry standard levels of encryption to 69.45.050 Distribution of drug samples—Written request—No fee or charge permitted—Possession of legend drugs or controlled guard against unauthorized access to account information substances by manufacturers' representatives. that is in the possession or control of the system. [2010 c 182 69.45.060 Disposal of surplus, outdated, or damaged drug samples. § 4.] 69.45.070 Registration fees—Penalty. 69.45.080 Violations of chapter—Manufacturer's liability—Penalty— Seizure of drug samples. 69.43.180 Expansion of log requirements—Petition by law enforcement. 69.43.180 Expansion of log requirements—Petition 69.45.090 Confidentiality. by law enforcement. (1) The Washington association of 69.45.900 Severability—1987 c 411. sheriffs and police chiefs or the Washington state patrol may 69.45.010 Definitions. 69.45.010 petition the pharmacy quality assurance commission to apply 69.45.010 Definitions. The definitions in this section the log requirements in *RCW 69.43.170 to one or more apply throughout this chapter. products that contain ephedrine, pseudoephedrine, or phenyl- (1) "Commission" means the pharmacy quality assur- propanolamine, or their salts, isomers, or salts of isomers, ance commission. that is not the only active ingredient and that is in liquid, liq- (2) "Controlled substance" means a drug, substance, or uid capsule, or gel capsule form. The petition shall establish immediate precursor of such drug or substance, so designated that: under or pursuant to chapter 69.50 RCW, the uniform con- (a) Ephedrine, pseudoephedrine, or phenylpropanol- trolled substances act. amine can be effectively extracted from the product and con- (3) "Deliver" or "delivery" means the actual, construc- verted into methamphetamine or another controlled danger- tive, or attempted transfer from one person to another of a ous substance; and drug or device, whether or not there is an agency relationship. (b) Law enforcement, the Washington state patrol, or the (4) "Department" means the department of health. department of ecology are finding substantial evidence that (5) "Dispense" means the interpretation of a prescription the product is being used for the illegal manufacture of meth- or order for a drug, biological, or device and, pursuant to that amphetamine or another controlled dangerous substance. prescription or order, the proper selection, measuring, com- (2) The pharmacy quality assurance commission shall pounding, labeling, or packaging necessary to prepare that adopt rules when a petition establishes that requiring the prescription or order for delivery. application of the log requirements in *RCW 69.43.170 to (6) "Distribute" means to deliver, other than by adminis- the sale of the product at retail is warranted based upon the tering or dispensing, a legend drug. effectiveness and extent of use of the product for the illegal (7) "Drug samples" means any federal food and drug manufacture of methamphetamine or other controlled dan- administration approved controlled substance, legend drug, gerous substances and the extent of the burden of any restric- or products requiring prescriptions in this state, which is dis- tions upon consumers. The pharmacy quality assurance com- tributed at no charge to a practitioner by a manufacturer or a mission may adopt emergency rules to apply the log require- manufacturer's representative, exclusive of drugs under clini- ments to the sale of a product when the petition establishes cal investigations approved by the federal food and drug that the immediate restriction of the product is necessary in administration. order to protect public health and safety. [2013 c 19 § 80; (8) "Legend drug" means any drug that is required by 2005 c 388 § 3.] state law or by regulations of the commission to be dispensed *Reviser's note: RCW 69.43.170 was repealed by 2010 c 182 § 6. on prescription only or is restricted to use by practitioners Finding—Effective dates—Severability—2005 c 388: See notes fol- only. lowing RCW 69.43.105. (9) "Manufacturer" means a person or other entity engaged in the manufacture or distribution of drugs or 69.43.190 Products found at methamphetamine sites—Report. 69.43.190 Products found at methamphetamine devices, but does not include a manufacturer's representative. sites—Report. Each county sheriff shall compile and main- (10) "Manufacturer's representative" means an agent or tain a record of commercial products containing ephedrine, employee of a drug manufacturer who is authorized by the pseudoephedrine, or phenylpropanolamine and packaging drug manufacturer to possess drug samples for the purpose of found at methamphetamine laboratory sites. The data shall be distribution in this state to appropriately authorized health forwarded to the Washington association of sheriffs and care practitioners. police chiefs and shall be reported to the legislature by (11) "Person" means any individual, corporation, gov- November 1, 2007, and annually thereafter. [2005 c 388 § 9.] ernment or governmental subdivision or agency, business Finding—Effective dates—Severability—2005 c 388: See notes fol- trust, estate, trust, partnership, association, or any other legal lowing RCW 69.43.105. entity. (12) "Practitioner" means a physician under chapter Chapter 69.45 Chapter 69.45 RCW 18.71 RCW, an osteopathic physician or an osteopathic phy- 69.45 DRUG SAMPLES DRUG SAMPLES sician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under Sections chapter 18.22 RCW, a veterinarian under chapter 18.92 69.45.010 Definitions. RCW, a pharmacist under chapter 18.64 RCW, a commis- 69.45.020 Registration of manufacturers—Additional information required by the department. sioned medical or dental officer in the United States armed 69.45.030 Records maintained by manufacturer—Report of loss or theft forces or the public health service in the discharge of his or of drug samples—Reports of practitioners receiving con- her official duties, a duly licensed physician or dentist trolled substance drug samples. 69.45.040 Storage and transportation of drug samples—Disposal of sam- employed by the veterans administration in the discharge of ples which have exceeded their expiration dates. his or her official duties, a registered nurse or advanced reg- [Title 69 RCW—page 66] 2014 Drug Samples 69.45.050 istered nurse practitioner under chapter 18.79 RCW when (b) Records or documents to account for all drug samples authorized to prescribe by the nursing care quality assurance distributed, destroyed, or returned to the manufacturer. The commission, an osteopathic physician assistant under chapter records shall include records for sample drugs signed for by 18.57A RCW when authorized by the board of osteopathic practitioners, dates and methods of destruction, and any dates medicine and surgery, or a physician assistant under chapter of returns; and 18.71A RCW when authorized by the medical quality assur- (c) Copies of all reports of lost or stolen drug samples. ance commission. (2) All required records shall be maintained for two (13) "Reasonable cause" means a state of facts found to years and shall include transaction dates. exist that would warrant a reasonably intelligent and prudent (3) Manufacturers shall report to the department the dis- person to believe that a person has violated state or federal covery of any loss or theft of drug samples as soon as possible drug laws or regulations. but not later than the close of business on the next business (14) "Secretary" means the secretary of health or the sec- day following the discovery. retary's designee. [2013 c 19 § 81; 1994 sp.s. c 9 § 738; 1989 (4) Manufacturers shall report to the department as fre- 1st ex.s. c 9 § 444; 1987 c 411 § 1.] quently as, and at the same time as, their other reports to the Reviser's note: The definitions in this section have been alphabetized federal drug enforcement administration, or its lawful succes- pursuant to RCW 1.08.015(2)(k). sor, the name, address and federal registration number for Additional notes found at www.leg.wa.gov each practitioner who has received controlled substance drug samples and the name, strength and quantity of the controlled 69.45.020 Registration of manufacturers—Additional information Registration required by the department. of manufacturers—Addi- substance drug samples distributed. [1989 1st ex.s. c 9 § 446; tional information required by the department. A manu- 1987 c 411 § 3.] facturer that intends to distribute drug samples in this state Additional notes found at www.leg.wa.gov shall register annually with the department, providing the 69.45.040 Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates. name and address of the manufacturer, and shall: 69.45.040 Storage and transportation of drug sam- (1) Provide a twenty-four hour telephone number and the ples—Disposal of samples which have exceeded their name of the individual(s) who shall respond to reasonable expiration dates. (1) Drug samples shall be stored in com- official inquiries from the department, as directed by the pliance with the requirements of federal and state laws, rules, commission, based on reasonable cause, regarding required and regulations. records, reports, or requests for information pursuant to a (2) Drug samples shall be maintained in a locked area to specific investigation of a possible violation. Each official which access is limited to persons authorized by the manu- request by the department and each response by a manufac- facturer. turer shall be limited to the information specifically relevant (3) Drug samples shall be stored and transported in such to the particular official investigation. Requests for the a manner as to be free of contamination, deterioration, and address of sites in this state at which drug samples are stored adulteration. by the manufacturer's representative and the names and (4) Drug samples shall be stored under conditions of addresses of the individuals who are responsible for the stor- temperature, light, moisture, and ventilation so as to meet the age or distribution of the drug samples shall be responded to label instructions for each drug. as soon as possible but not later than the close of business on (5) Drug samples which have exceeded the expiration the next business day following the request; or date shall be physically separated from other drug samples until disposed of or returned to the manufacturer. [1987 c (2) If a twenty-four hour telephone number is not avail- 411 § 4.] able, provide the addresses of sites in this state at which drug samples are stored by the manufacturer's representative, and 69.45.050 Distribution of drug samples—Written request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers' representatives. 69.45.050 Distribution of drug samples—Written the names and addresses of the individuals who are responsi- request—No fee or charge permitted—Possession of leg- ble for the storage or distribution of the drug samples. The end drugs or controlled substances by manufacturers' manufacturer shall annually submit a complete updated list of representatives. (1) Drug samples may be distributed by a the sites and individuals to the department. [2013 c 19 § 82; manufacturer or a manufacturer's representative only to prac- 1989 1st ex.s. c 9 § 445; 1987 c 411 § 2.] titioners legally authorized to prescribe such drugs or, at the Additional notes found at www.leg.wa.gov request of such practitioner, to pharmacies of hospitals or other health care entities. The recipient of the drug sample 69.45.030 Records maintained by manufacturer—Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples. 69.45.030 Records maintained by manufacturer— must execute a written receipt upon delivery that is returned Report of loss or theft of drug samples—Reports of prac- to the manufacturer or the manufacturer's representative. titioners receiving controlled substance drug samples. (1) (2) Drug samples may be distributed by a manufacturer The following records shall be maintained by the manufac- or a manufacturer's representative only to a practitioner turer distributing drug samples in this state and shall be avail- legally authorized to prescribe such drugs pursuant to a writ- able for inspection by authorized representatives of the ten request for such samples. The request shall contain: department based on reasonable cause and pursuant to an (a) The recipient's name, address, and professional des- official investigation: ignation; (a) An inventory of drug samples held in this state for (b) The name, strength, and quantity of the drug samples distribution, taken at least annually by a representative of the delivered; manufacturer other than the individual in direct control of the (c) The name or identification of the manufacturer and of drug samples; the individual distributing the drug sample; and 2014 [Title 69 RCW—page 67] 69.45.060 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(d) The dated signature of the practitioner requesting the chapter are confidential and exempt from public inspection drug sample. and copying under chapter 42.56 RCW. This section does not (3) No fee or charge may be imposed for sample drugs apply to public disclosure of the identity of persons found by distributed in this state. the commission to have violated state or federal law, rules, or (4) A manufacturer's representative shall not possess leg- regulations. This section is not intended to restrict the inves- end drugs or controlled substances other than those distrib- tigations and proceedings of the commission so long as the uted by the manufacturer they represent. Nothing in this sec- commission maintains the confidentiality required by this tion prevents a manufacturer's representative from possessing section. [2013 c 19 § 85; 2005 c 274 § 330; 1987 c 411 § 9.] a legally prescribed and dispensed legend drug or controlled Part headings not law—Effective date—2005 c 274: See RCW substance. [1989 c 164 § 2; 1987 c 411 § 5.] 42.56.901 and 42.56.902. Legislative finding—1989 c 164: "The legislature finds that chapter 69.45.900 Severability—1987 c 411. 69.45 RCW is more restrictive than the federal prescription drug marketing 69.45.900 Severability—1987 c 411. If any provision act of 1987, and the legislature further finds that a change in chapter 69.45 of this act or its application to any person or circumstance is RCW accepting the position of the federal law is beneficial to the citizens of held invalid, the remainder of the act or the application of the this state." [1989 c 164 § 1.] provision to other persons or circumstances is not affected.

69.45.060 Disposal of surplus, outdated, or damaged drug samples. 69.45.060 Disposal of surplus, outdated, or damaged [1987 c 411 § 12.] drug samples. Surplus, outdated, or damaged drug samples shall be disposed of as follows: Chapter 69.50 Chapter 69.50 RCW (1) Returned to the manufacturer; or UNIFORM69.50 UNIFORM CONTROLLED SUBSTANCES ACT CONTROLLED SUBSTANCES ACT (2) Witnessed destruction by such means as to assure that the drug cannot be retrieved. However, controlled sub- Sections stances shall be returned to the manufacturer or disposed of in ARTICLE I—DEFINITIONS accordance with rules adopted by the commission: PRO- 69.50.101 Definitions. VIDED, That the commission shall adopt by rule the regula- 69.50.1011 Definition—Commission. tions of the federal drug enforcement administration or its 69.50.102 Drug paraphernalia—Definitions. lawful successor unless, stating reasonable grounds, it adopts ARTICLE II—STANDARDS AND SCHEDULES rules consistent with such regulations. [2013 c 19 § 83; 1987 69.50.201 Enforcement of chapter—Authority to change schedules of c 411 § 6.] controlled substances. 69.50.202 Nomenclature. 69.50.203 Schedule I tests. 69.45.070 Registration fees—Penalty. 69.45.070 Registration fees—Penalty. The depart- 69.50.204 Schedule I. ment may charge reasonable fees for registration. The regis- 69.50.205 Schedule II tests. 69.50.206 Schedule II. tration fee shall not exceed the fee charged by the department 69.50.207 Schedule III tests. for a pharmacy location license. If the registration fee is not 69.50.208 Schedule III. 69.50.209 Schedule IV tests. paid on or before the date due, a renewal or new registration 69.50.210 Schedule IV. may be issued only upon payment of the registration renewal 69.50.211 Schedule V tests. fee and a penalty fee equal to the registration renewal fee. 69.50.212 Schedule V. 69.50.213 Republishing of schedules. [1991 c 229 § 8; 1989 1st ex.s. c 9 § 447; 1987 c 411 § 7.] 69.50.214 Controlled substance analog. Additional notes found at www.leg.wa.gov ARTICLE III—REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSING OF CONTROLLED SUBSTANCES 69.45.080 Violations of chapter—Manufacturer's liability—Penalty—Seizure of drug samples. 69.45.080 Violations of chapter—Manufacturer's 69.50.301 Rules—Fees. liability—Penalty—Seizure of drug samples. (1) The 69.50.302 Registration requirements. manufacturer is responsible for the actions and conduct of its 69.50.303 Registration. representatives with regard to drug samples. 69.50.304 Revocation and suspension of registration—Seizure or placement under seal of controlled substances. (2) The commission may hold a public hearing to exam- 69.50.305 Procedure for denial, suspension, or revocation of registration. ine a possible violation and may require a designated repre- 69.50.306 Records of registrants. 69.50.308 Prescriptions. sentative of the manufacturer to attend. 69.50.309 Containers. (3) If a manufacturer fails to comply with this chapter 69.50.310 Sodium pentobarbital—Registration of humane societies and following notification by the commission, the commission animal control agencies for use in animal control. 69.50.311 Triplicate prescription form program—Compliance by health may impose a civil penalty of up to five thousand dollars. The care practitioners. commission shall take no action to impose any civil penalty 69.50.312 Electronic communication of prescription information—Com- except pursuant to a hearing held in accordance with chapter mission may adopt rules. 69.50.315 Medical assistance—Drug-related overdose—Naloxone— 34.05 RCW. Prosecution for possession. (4) Specific drug samples which are distributed in this 69.50.320 Registration of department of fish and wildlife for use in chemical capture programs—Rules. state in violation of this chapter, following notification by the 69.50.325 Marijuana producer's license. commission, shall be subject to seizure following the proce- 69.50.328 Marijuana producers, processors—No direct or indirect finan- dures set out in RCW 69.41.060. [2013 c 19 § 84; 1987 c 411 cial interest in licensed marijuana retailers. 69.50.331 Application for license. § 8.] 69.50.334 Denial of application—Opportunity for hearing. 69.50.339 Transfer of license to produce, process, or sell marijuana—

69.45.090 Confidentiality. 69.45.090 Confidentiality. All records, reports, and Reporting of proposed sales of outstanding or issued stock of a corporation. information obtained by the commission from or on behalf of 69.50.342 State liquor control board may adopt rules. a manufacturer or manufacturer's representative under this 69.50.345 State liquor control board—Rules—Procedures and criteria. [Title 69 RCW—page 68] 2014 Uniform Controlled Substances Act 69.50.101

69.50.348 Representative samples of marijuana, useable marijuana, or 69.50.603 Uniformity of interpretation. marijuana-infused products. 69.50.604 Short title. 69.50.351 Interest—Members and employees of state liquor control 69.50.605 Severability—1971 ex.s. c 308. board. 69.50.606 Repealers. 69.50.354 Retail outlet licenses. 69.50.607 Effective date—1971 ex.s. c 308. 69.50.357 Retail outlets—Rules. 69.50.608 State preemption. 69.50.360 Marijuana retailers, employees of retail outlets—Certain acts 69.50.609 Captions not law—1993 c 187. not criminal or civil offenses. 69.50.363 Marijuana processors, employees—Certain acts not criminal Drug nuisances—Injunctions: Chapter 7.43 RCW. or civil offenses. 69.50.366 Marijuana producers, employees—Certain acts not criminal or ARTICLE I civil offenses. 69.50.369 Marijuana producers, processors, retailers—Advertise- DEFINITIONS ments—Penalty. 69.50.101 Definitions. 69.50.101 ARTICLE IV—OFFENSES AND PENALTIES 69.50.101 Definitions. Unless the context clearly requires otherwise, definitions of terms shall be as indicated 69.50.401 Prohibited acts: A—Penalties. 69.50.4011 Counterfeit substances—Penalties. where used in this chapter: 69.50.4012 Delivery of substance in lieu of controlled substance—Pen- (a) "Administer" means to apply a controlled substance, alty. 69.50.4013 Possession of controlled substance—Penalty—Possession of whether by injection, inhalation, ingestion, or any other useable marijuana or marijuana-infused products. means, directly to the body of a patient or research subject by: 69.50.4014 Possession of forty grams or less of marihuana—Penalty. (1) a practitioner authorized to prescribe (or, by the prac- 69.50.4015 Involving a person under eighteen in unlawful controlled substance transaction—Penalty. titioner's authorized agent); or 69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. (2) the patient or research subject at the direction and in 69.50.402 Prohibited acts: B—Penalties. the presence of the practitioner. 69.50.403 Prohibited acts: C—Penalties. 69.50.404 Penalties under other laws. (b) "Agent" means an authorized person who acts on 69.50.405 Bar to prosecution. behalf of or at the direction of a manufacturer, distributor, or 69.50.406 Distribution to persons under age eighteen. 69.50.407 Conspiracy. dispenser. It does not include a common or contract carrier, 69.50.408 Second or subsequent offenses. public warehouseperson, or employee of the carrier or ware- 69.50.410 Prohibited acts: D—Penalties. houseperson. 69.50.412 Prohibited acts: E—Penalties (as amended by 2012 c 117). 69.50.412 Prohibited acts: E—Penalties (as amended by 2013 c 3). (c) "Commission" means the pharmacy quality assur- 69.50.4121 Drug paraphernalia—Selling or giving—Penalty. ance commission. 69.50.413 Health care practitioners—Suspension of license for violation (d) "Controlled substance" means a drug, substance, or of chapter. 69.50.414 Sale or transfer of controlled substance to minor—Cause of immediate precursor included in Schedules I through V as set action by parent—Damages. forth in federal or state laws, or federal or commission rules. 69.50.415 Controlled substances homicide—Penalty. 69.50.416 Counterfeit substances prohibited—Penalties. (e)(1) "Controlled substance analog" means a substance 69.50.420 Violations—Juvenile driving privileges. the chemical structure of which is substantially similar to the 69.50.425 Misdemeanor violations—Minimum penalties. chemical structure of a controlled substance in Schedule I or 69.50.430 Additional fine for certain felony violations. 69.50.435 Violations committed in or on certain public places or facili- II and: ties—Additional penalty—Defenses—Construction—Defi- (i) that has a stimulant, depressant, or hallucinogenic nitions. effect on the central nervous system substantially similar to 69.50.440 Possession with intent to manufacture—Penalty. 69.50.445 Opening package of or consuming marijuana, useable mari- the stimulant, depressant, or hallucinogenic effect on the cen- juana, or marijuana-infused product in view of general pub- tral nervous system of a controlled substance included in lic—Penalty. Schedule I or II; or ARTICLE V—ENFORCEMENT AND (ii) with respect to a particular individual, that the indi- ADMINISTRATIVE PROVISIONS vidual represents or intends to have a stimulant, depressant, 69.50.500 Powers of enforcement personnel. or hallucinogenic effect on the central nervous system sub- 69.50.501 Administrative inspections. 69.50.502 Warrants for administrative inspections. stantially similar to the stimulant, depressant, or hallucino- 69.50.503 Injunctions. genic effect on the central nervous system of a controlled 69.50.504 Cooperative arrangements. substance included in Schedule I or II. 69.50.505 Seizure and forfeiture. 69.50.506 Burden of proof; liabilities. (2) The term does not include: 69.50.507 Judicial review. (i) a controlled substance; 69.50.508 Education and research. 69.50.509 Search and seizure of controlled substances. (ii) a substance for which there is an approved new drug 69.50.510 Search and seizure at rental premises—Notification of land- application; lord. (iii) a substance with respect to which an exemption is in 69.50.511 Cleanup of hazardous substances at illegal drug manufacturing facility—Rules. effect for investigational use by a particular person under 69.50.515 Pharmacies—Marijuana—Notification and disposal. Section 505 of the federal Food, Drug and Cosmetic Act, 21 69.50.525 Diversion prevention and control—Report. U.S.C. Sec. 355, to the extent conduct with respect to the sub- 69.50.530 Dedicated marijuana fund. 69.50.535 Marijuana excise taxes—State liquor control board to review stance is pursuant to the exemption; or tax levels. (iv) any substance to the extent not intended for human 69.50.540 Marijuana excise taxes—Disbursements. 69.50.545 Departments of social and health services, health—Adoption consumption before an exemption takes effect with respect to of rules for disbursement of marijuana excise taxes. the substance. 69.50.550 Cost-benefit evaluations. (f) "Deliver" or "delivery," means the actual or construc- ARTICLE VI—MISCELLANEOUS tive transfer from one person to another of a substance, 69.50.601 Pending proceedings. whether or not there is an agency relationship. 69.50.602 Continuation of rules. (g) "Department" means the department of health. 2014 [Title 69 RCW—page 69] 69.50.101 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(h) "Dispense" means the interpretation of a prescription dently by means of chemical synthesis, or by a combination or order for a controlled substance and, pursuant to that pre- of extraction and chemical synthesis, and includes any pack- scription or order, the proper selection, measuring, com- aging or repackaging of the substance or labeling or relabel- pounding, labeling, or packaging necessary to prepare that ing of its container. The term does not include the prepara- prescription or order for delivery. tion, compounding, packaging, repackaging, labeling, or (i) "Dispenser" means a practitioner who dispenses. relabeling of a controlled substance: (j) "Distribute" means to deliver other than by adminis- (1) by a practitioner as an incident to the practitioner's tering or dispensing a controlled substance. administering or dispensing of a controlled substance in the (k) "Distributor" means a person who distributes. course of the practitioner's professional practice; or (l) "Drug" means (1) a controlled substance recognized (2) by a practitioner, or by the practitioner's authorized as a drug in the official United States pharmacopoeia/national agent under the practitioner's supervision, for the purpose of, formulary or the official homeopathic pharmacopoeia of the or as an incident to, research, teaching, or chemical analysis United States, or any supplement to them; (2) controlled sub- and not for sale. stances intended for use in the diagnosis, cure, mitigation, (t) "Marijuana" or "marihuana" means all parts of the treatment, or prevention of disease in individuals or animals; plant Cannabis, whether growing or not, with a THC concen- (3) controlled substances (other than food) intended to affect tration greater than 0.3 percent on a dry weight basis; the the structure or any function of the body of individuals or ani- seeds thereof; the resin extracted from any part of the plant; mals; and (4) controlled substances intended for use as a and every compound, manufacture, salt, derivative, mixture, component of any article specified in (1), (2), or (3) of this or preparation of the plant, its seeds or resin. The term does subsection. The term does not include devices or their com- not include the mature stalks of the plant, fiber produced ponents, parts, or accessories. from the stalks, oil or cake made from the seeds of the plant, (m) "Drug enforcement administration" means the drug any other compound, manufacture, salt, derivative, mixture, enforcement administration in the United States Department or preparation of the mature stalks (except the resin extracted of Justice, or its successor agency. therefrom), fiber, oil, or cake, or the sterilized seed of the (n) "Electronic communication of prescription informa- plant which is incapable of germination. tion" means the transmission of a prescription or refill autho- (u) "Marijuana concentrates" means products consisting rization for a drug of a practitioner using computer systems. wholly or in part of the resin extracted from any part of the The term does not include a prescription or refill authoriza- plant Cannabis and having a THC concentration greater than tion verbally transmitted by telephone nor a facsimile manu- sixty percent. ally signed by the practitioner. (v) "Marijuana processor" means a person licensed by (o) "Immediate precursor" means a substance: the state liquor control board to process marijuana into use- (1) that the commission has found to be and by rule des- able marijuana and marijuana-infused products, package and ignates as being the principal compound commonly used, or label useable marijuana and marijuana-infused products for produced primarily for use, in the manufacture of a controlled sale in retail outlets, and sell useable marijuana and mari- substance; juana-infused products at wholesale to marijuana retailers. (2) that is an immediate chemical intermediary used or (w) "Marijuana producer" means a person licensed by likely to be used in the manufacture of a controlled substance; the state liquor control board to produce and sell marijuana at and wholesale to marijuana processors and other marijuana pro- (3) the control of which is necessary to prevent, curtail, ducers. or limit the manufacture of the controlled substance. (x) "Marijuana-infused products" means products that (p) "Isomer" means an optical isomer, but in subsection contain marijuana or marijuana extracts, are intended for (z)(5) of this section, RCW 69.50.204(a) (12) and (34), and human use, and have a THC concentration greater than 0.3 69.50.206(b)(4), the term includes any geometrical isomer; in percent and no greater than sixty percent. The term "mari- RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term juana-infused products" does not include either useable mar- includes any positional isomer; and in RCW ijuana or marijuana concentrates. 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term (y) "Marijuana retailer" means a person licensed by the includes any positional or geometric isomer. state liquor control board to sell useable marijuana and mari- (q) "Lot" means a definite quantity of marijuana, useable juana-infused products in a retail outlet. marijuana, or marijuana-infused product identified by a lot (z) "Narcotic drug" means any of the following, whether number, every portion or package of which is uniform within produced directly or indirectly by extraction from substances recognized tolerances for the factors that appear in the label- of vegetable origin, or independently by means of chemical ing. synthesis, or by a combination of extraction and chemical (r) "Lot number" shall identify the licensee by business synthesis: or trade name and Washington state unified business identi- (1) Opium, opium derivative, and any derivative of fier number, and the date of harvest or processing for each lot opium or opium derivative, including their salts, isomers, and of marijuana, useable marijuana, or marijuana-infused prod- salts of isomers, whenever the existence of the salts, isomers, uct. and salts of isomers is possible within the specific chemical (s) "Manufacture" means the production, preparation, designation. The term does not include the isoquinoline alka- propagation, compounding, conversion, or processing of a loids of opium. controlled substance, either directly or indirectly or by (2) Synthetic opiate and any derivative of synthetic opi- extraction from substances of natural origin, or indepen- ate, including their isomers, esters, ethers, salts, and salts of [Title 69 RCW—page 70] 2014 Uniform Controlled Substances Act 69.50.101 isomers, esters, and ethers, whenever the existence of the iso- and surgery, a dentist licensed to practice dentistry, a podiat- mers, esters, ethers, and salts is possible within the specific ric physician and surgeon licensed to practice podiatric med- chemical designation. icine and surgery, a licensed physician assistant or a licensed (3) Poppy straw and concentrate of poppy straw. osteopathic physician assistant specifically approved to pre- (4) Coca leaves, except coca leaves and extracts of coca scribe controlled substances by his or her state's medical leaves from which cocaine, ecgonine, and derivatives or quality assurance commission or equivalent and his or her ecgonine or their salts have been removed. supervising physician, an advanced registered nurse practi- (5) Cocaine, or any salt, isomer, or salt of isomer thereof. tioner licensed to prescribe controlled substances, or a veter- (6) Cocaine base. inarian licensed to practice veterinary medicine in any state (7) Ecgonine, or any derivative, salt, isomer, or salt of of the United States. isomer thereof. (ff) "Prescription" means an order for controlled sub- (8) Any compound, mixture, or preparation containing stances issued by a practitioner duly authorized by law or rule any quantity of any substance referred to in subparagraphs (1) in the state of Washington to prescribe controlled substances through (7). within the scope of his or her professional practice for a legit- (aa) "Opiate" means any substance having an addiction- imate medical purpose. forming or addiction-sustaining liability similar to morphine (gg) "Production" includes the manufacturing, planting, or being capable of conversion into a drug having addiction- cultivating, growing, or harvesting of a controlled substance. forming or addiction-sustaining liability. The term includes (hh) "Retail outlet" means a location licensed by the state opium, substances derived from opium (opium derivatives), liquor control board for the retail sale of useable marijuana and synthetic opiates. The term does not include, unless spe- and marijuana-infused products. cifically designated as controlled under RCW 69.50.201, the (ii) "Secretary" means the secretary of health or the sec- dextrorotatory isomer of 3-methoxy-n-methylmorphinan and retary's designee. its salts (dextromethorphan). The term includes the racemic (jj) "State," unless the context otherwise requires, means and levorotatory forms of dextromethorphan. a state of the United States, the District of Columbia, the (bb) "Opium poppy" means the plant of the species Commonwealth of Puerto Rico, or a territory or insular pos- Papaver somniferum L., except its seeds. session subject to the jurisdiction of the United States. (cc) "Person" means individual, corporation, business (kk) "THC concentration" means percent of delta-9 tetra- trust, estate, trust, partnership, association, joint venture, gov- hydrocannabinol content per dry weight of any part of the ernment, governmental subdivision or agency, or any other plant Cannabis, or per volume or weight of marijuana prod- legal or commercial entity. uct, or the combined percent of delta-9 tetrahydrocannabinol (dd) "Poppy straw" means all parts, except the seeds, of and tetrahydrocannabinolic acid in any part of the plant Can- the opium poppy, after mowing. nabis regardless of moisture content. (ee) "Practitioner" means: (ll) "Ultimate user" means an individual who lawfully (1) A physician under chapter 18.71 RCW; a physician possesses a controlled substance for the individual's own use assistant under chapter 18.71A RCW; an osteopathic physi- or for the use of a member of the individual's household or for cian and surgeon under chapter 18.57 RCW; an osteopathic administering to an animal owned by the individual or by a physician assistant under chapter 18.57A RCW who is member of the individual's household. licensed under RCW 18.57A.020 subject to any limitations in (mm) "Useable marijuana" means dried marijuana flow- RCW 18.57A.040; an optometrist licensed under chapter ers. The term "useable marijuana" does not include either 18.53 RCW who is certified by the optometry board under marijuana-infused products or marijuana concentrates. [2014 RCW 18.53.010 subject to any limitations in RCW c 192 § 1. Prior: 2013 c 276 § 2; 2013 c 116 § 1; 2013 c 12 § 18.53.010; a dentist under chapter 18.32 RCW; a podiatric 2; prior: 2013 c 3 § 2 (Initiative Measure No. 502, approved physician and surgeon under chapter 18.22 RCW; a veteri- November 6, 2012); 2012 c 8 § 1; 2010 c 177 § 1; 2003 c 142 narian under chapter 18.92 RCW; a registered nurse, § 4; 1998 c 222 § 3; 1996 c 178 § 18; 1994 sp.s. c 9 § 739; advanced registered nurse practitioner, or licensed practical 1993 c 187 § 1; prior: 1990 c 248 § 1; 1990 c 219 § 3; 1990 c nurse under chapter 18.79 RCW; a naturopathic physician 196 § 8; 1989 1st ex.s. c 9 § 429; 1987 c 144 § 2; 1986 c 124 under chapter 18.36A RCW who is licensed under RCW § 1; 1984 c 153 § 18; 1980 c 71 § 2; 1973 2nd ex.s. c 38 § 1; 18.36A.030 subject to any limitations in RCW 18.36A.040; a 1971 ex.s. c 308 § 69.50.101.] pharmacist under chapter 18.64 RCW or a scientific investi- Effective date—2013 c 116: "This act is necessary for the immediate gator under this chapter, licensed, registered or otherwise preservation of the public peace, health, or safety, or support of the state gov- permitted insofar as is consistent with those licensing laws to ernment and its existing public institutions, and takes effect immediately distribute, dispense, conduct research with respect to or [May 1, 2013]." [2013 c 116 § 2.] administer a controlled substance in the course of their pro- Intent—2013 c 3 (Initiative Measure No. 502): "The people intend to fessional practice or research in this state. stop treating adult marijuana use as a crime and try a new approach that: (2) A pharmacy, hospital or other institution licensed, (1) Allows law enforcement resources to be focused on violent and property crimes; registered, or otherwise permitted to distribute, dispense, (2) Generates new state and local tax revenue for education, health conduct research with respect to or to administer a controlled care, research, and substance abuse prevention; and substance in the course of professional practice or research in (3) Takes marijuana out of the hands of illegal drug organizations and this state. brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol. (3) A physician licensed to practice medicine and sur- This measure authorizes the state liquor control board to regulate and gery, a physician licensed to practice osteopathic medicine tax marijuana for persons twenty-one years of age and older, and add a new 2014 [Title 69 RCW—page 71] 69.50.1011 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons threshold for driving under the influence of marijuana." [2013 c 3 § 1 (Initia- (iv) Smoking and carburetion masks; tive Measure No. 502, approved November 6, 2012).] (v) Roach clips: Meaning objects used to hold burning Finding—1990 c 219: See note following RCW 69.41.030. material, such as a marihuana cigarette, that has become too Additional notes found at www.leg.wa.gov small or too short to be held in the hand; (vi) Miniature cocaine spoons, and cocaine vials; 69.50.1011 Definition—Commission. 69.50.1011 Definition—Commission. "Commission" (vii) Chamber pipes; means the pharmacy quality assurance commission. [2013 c (viii) Carburetor pipes; 19 § 86.] (ix) Electric pipes; (x) Air-driven pipes; 69.50.102 Drug paraphernalia—Definitions. 69.50.102 Drug paraphernalia—Definitions. (a) As (xi) Chillums; used in this chapter, "drug paraphernalia" means all equip- (xii) Bongs; and ment, products, and materials of any kind which are used, (xiii) Ice pipes or chillers. intended for use, or designed for use in planting, propagating, (b) In determining whether an object is drug parapherna- cultivating, growing, harvesting, manufacturing, compound- lia under this section, a court or other authority should con- ing, converting, producing, processing, preparing, testing, sider, in addition to all other logically relevant factors, the analyzing, packaging, repackaging, storing, containing, con- following: cealing, injecting, ingesting, inhaling, or otherwise introduc- (1) Statements by an owner or by anyone in control of ing into the human body a controlled substance. It includes, the object concerning its use; but is not limited to: (2) Prior convictions, if any, of an owner, or of anyone in (1) Kits used, intended for use, or designed for use in control of the object, under any state or federal law relating to planting, propagating, cultivating, growing, or harvesting of any controlled substance; any species of plant which is a controlled substance or from (3) The proximity of the object, in time and space, to a which a controlled substance can be derived; direct violation of this chapter; (2) Kits used, intended for use, or designed for use in (4) The proximity of the object to controlled substances; manufacturing, compounding, converting, producing, pro- (5) The existence of any residue of controlled substances cessing, or preparing controlled substances; on the object; (3) Isomerization devices used, intended for use, or (6) Direct or circumstantial evidence of the intent of an designed for use in increasing the potency of any species of owner, or of anyone in control of the object, to deliver it to plant which is a controlled substance; persons whom he or she knows, or should reasonably know, (4) Testing equipment used, intended for use, or intend to use the object to facilitate a violation of this chapter; designed for use in identifying or in analyzing the strength, the innocence of an owner, or of anyone in control of the effectiveness, or purity of controlled substances; object, as to a direct violation of this chapter shall not prevent (5) Scales and balances used, intended for use, or a finding that the object is intended or designed for use as designed for use in weighing or measuring controlled sub- drug paraphernalia; stances; (7) Instructions, oral or written, provided with the object (6) Diluents and adulterants, such as quinine hydrochlo- concerning its use; ride, mannitol, mannite, dextrose, and lactose, used, intended (8) Descriptive materials accompanying the object for use, or designed for use in cutting controlled substances; which explain or depict its use; (7) Separation gins and sifters used, intended for use, or (9) National and local advertising concerning its use; designed for use in removing twigs and seeds from, or in oth- (10) The manner in which the object is displayed for erwise cleaning or refining, marihuana; sale; (8) Blenders, bowls, containers, spoons, and mixing (11) Whether the owner, or anyone in control of the devices used, intended for use, or designed for use in com- object, is a legitimate supplier of like or related items to the pounding controlled substances; community, such as a licensed distributor or dealer of (9) Capsules, balloons, envelopes, and other containers tobacco products; used, intended for use, or designed for use in packaging small (12) Direct or circumstantial evidence of the ratio of quantities of controlled substances; sales of the object(s) to the total sales of the business enter- (10) Containers and other objects used, intended for use, prise; or designed for use in storing or concealing controlled sub- (13) The existence and scope of legitimate uses for the stances; object in the community; and (11) Hypodermic syringes, needles, and other objects (14) Expert testimony concerning its use. [2012 c 117 § used, intended for use, or designed for use in parenterally 366; 1981 c 48 § 1.] injecting controlled substances into the human body; Additional notes found at www.leg.wa.gov (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, ARTICLE II cocaine, hashish, or hashish oil into the human body, such as: STANDARDS AND SCHEDULES (i) Metal, wooden, acrylic, glass, stone, plastic, or

69.50.201 Enforcement of chapter—Authority to change schedules of controlled substances. ceramic pipes with or without screens, permanent screens, 69.50.201 Enforcement of chapter—Authority to hashish heads, or punctured metal bowls; change schedules of controlled substances. (a) The com- (ii) Water pipes; mission shall enforce this chapter and may add substances to (iii) Carburetion tubes and devices; or delete or reschedule substances listed in RCW 69.50.204, [Title 69 RCW—page 72] 2014 Uniform Controlled Substances Act 69.50.204

69.50.206, 69.50.208, 69.50.210, or 69.50.212 pursuant to control under this chapter is stayed until the commission the procedures of chapter 34.05 RCW. adopts a rule as provided by subsection (a) of this section. (1) In making a determination regarding a substance, the (e) The commission, by rule and without regard to the commission shall consider the following: requirements of subsection (a) of this section, may schedule a (i) the actual or relative potential for abuse; substance in Schedule I regardless of whether the substance (ii) the scientific evidence of its pharmacological effect, is substantially similar to a controlled substance in Schedule if known; I or II if the commission finds that scheduling of the sub- (iii) the state of current scientific knowledge regarding stance on an emergency basis is necessary to avoid an immi- the substance; nent hazard to the public safety and the substance is not (iv) the history and current pattern of abuse; included in any other schedule or no exemption or approval is in effect for the substance under Section 505 of the federal (v) the scope, duration, and significance of abuse; Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 355. Upon (vi) the risk to the public health; receipt of notice under RCW 69.50.214, the commission shall (vii) the potential of the substance to produce psychic or initiate scheduling of the controlled substance analog on an physiological dependence liability; and emergency basis pursuant to this subsection. The scheduling (viii) whether the substance is an immediate precursor of of a substance under this subsection expires one year after the a controlled substance. adoption of the scheduling rule. With respect to the finding of (2) The commission may consider findings of the federal an imminent hazard to the public safety, the commission shall Food and Drug Administration or the Drug Enforcement consider whether the substance has been scheduled on a tem- Administration as prima facie evidence relating to one or porary basis under federal law or factors set forth in subsec- more of the determinative factors. tion (a)(1)(iv), (v), and (vi) of this section, and may also con- (b) After considering the factors enumerated in subsec- sider clandestine importation, manufacture, or distribution, tion (a) of this section, the commission shall make findings and, if available, information concerning the other factors set with respect thereto and adopt and cause to be published a forth in subsection (a)(1) of this section. A rule may not be rule controlling the substance upon finding the substance has adopted under this subsection until the commission initiates a a potential for abuse. rule-making proceeding under subsection (a) of this section (c) The commission, without regard to the findings with respect to the substance. A rule adopted under this sub- required by subsection (a) of this section or RCW 69.50.203, section must be vacated upon the conclusion of the rule-mak- 69.50.205, 69.50.207, 69.50.209, and 69.50.211 or the proce- ing proceeding initiated under subsection (a) of this section dures prescribed by subsections (a) and (b) of this section, with respect to the substance. may place an immediate precursor in the same schedule in (f) Authority to control under this section does not which the controlled substance of which it is an immediate extend to distilled spirits, wine, malt beverages, or tobacco as precursor is placed or in any other schedule. If the commis- those terms are defined or used in Titles 66 and 26 RCW. sion designates a substance as an immediate precursor, sub- [2013 c 19 § 87; 1998 c 245 § 108; 1993 c 187 § 2; 1989 1st stances that are precursors of the controlled precursor are not ex.s. c 9 § 430; 1986 c 124 § 2; 1971 ex.s. c 308 § 69.50.201.] subject to control solely because they are precursors of the Additional notes found at www.leg.wa.gov controlled precursor.

69.50.202 Nomenclature. (d) If a substance is designated, rescheduled, or deleted 69.50.202 Nomenclature. The controlled substances as a controlled substance under federal law, the commission listed or to be listed in the schedules in RCW 69.50.204, shall similarly control the substance under this chapter after 69.50.206, 69.50.208, 69.50.210, and 69.50.212 are included the expiration of thirty days from the date of publication in by whatever official, common, usual, chemical, or trade the federal register of a final order designating the substance name designated. [1971 ex.s. c 308 § 69.50.202.] as a controlled substance or rescheduling or deleting the sub- 69.50.203 Schedule I tests. stance or from the date of issuance of an order of temporary 69.50.203 Schedule I tests. (a) The commission shall scheduling under Section 508 of the federal Dangerous Drug place a substance in Schedule I upon finding that the sub- Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless stance: within that thirty-day period, the commission or an interested (1) has high potential for abuse; party objects to inclusion, rescheduling, temporary schedul- (2) has no currently accepted medical use in treatment in ing, or deletion. If no objection is made, the commission shall the United States; and adopt and cause to be published, without the necessity of (3) lacks accepted safety for use in treatment under med- making determinations or findings as required by subsection ical supervision. (a) of this section or RCW 69.50.203, 69.50.205, 69.50.207, (b) The commission may place a substance in Schedule I 69.50.209, and 69.50.211, a final rule, for which notice of without making the findings required by subsection (a) of this proposed rule making is omitted, designating, rescheduling, section if the substance is controlled under Schedule I of the temporarily scheduling, or deleting the substance. If an federal Controlled Substances Act by a federal agency as the objection is made, the commission shall make a determina- result of an international treaty, convention, or protocol. tion with respect to the designation, rescheduling, or deletion [2013 c 19 § 88; 1993 c 187 § 3; 1971 ex.s. c 308 § of the substance as provided by subsection (a) of this section. 69.50.203.] Upon receipt of an objection to inclusion, rescheduling, or 69.50.204 Schedule I. deletion under this chapter by the commission, the commis- 69.50.204 Schedule I. Unless specifically excepted by sion shall publish notice of the receipt of the objection, and state or federal law or regulation or more specifically 2014 [Title 69 RCW—page 73] 69.50.204 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons included in another schedule, the following controlled sub- (43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiper- stances are listed in Schedule I: idine); (a) Any of the following opiates, including their isomers, (44) Phenadoxone; esters, ethers, salts, and salts of isomers, esters, and ethers (45) Phenampromide; whenever the existence of these isomers, esters, ethers, and (46) Phenomorphan; salts is possible within the specific chemical designation: (47) Phenoperidine; (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- (48) Piritramide; phenethyl)-4-piperidinyl]-N-phenylacetamide); (49) Proheptazine; (2) Acetylmethadol; (50) Properidine; (3) Allylprodine; (51) Propiram; (4) Alphacetylmethadol, except levo-alphacetylmeth- (52) Racemoramide; adol, also known as levo-alpha-acetylmethadol, levometha- (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4- dyl acetate, or LAAM; piperidinyl]-propanaminde); (5) Alphameprodine; (6) Alphamethadol; (54) Tilidine; (7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta- (55) Trimeperidine. phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2- (b) Opium derivatives. Unless specifically excepted or phenylethyl)-4-(N-propanilido) piperidine); unless listed in another schedule, any of the following opium (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thie- derivatives, including their salts, isomers, and salts of iso- nyl)ethyl-4-piperidinyl]-N-phenylpropanamide); mers whenever the existence of those salts, isomers, and salts (9) Benzethidine; of isomers is possible within the specific chemical designa- (10) Betacetylmethadol; tion: (11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- (1) Acetorphine; phenethyl)-4-piperidinyl]-N-phenylpropanamide); (2) Acetyldihydrocodeine; (12) Beta-hydroxy-3-methylfentanyl, some trade or (3) Benzylmorphine; other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4- (4) Codeine methylbromide; piperidinyl]-N-phenylpropanamide; (5) Codeine-N-Oxide; (13) Betameprodine; (6) Cyprenorphine; (14) Betamethadol; (7) Desomorphine; (15) Betaprodine; (8) Dihydromorphine; (16) Clonitazene; (9) Drotebanol; (17) Dextromoramide; (10) Etorphine, except hydrochloride salt; (18) Diampromide; (11) Heroin; (19) Diethylthiambutene; (12) Hydromorphinol; (20) Difenoxin; (13) Methyldesorphine; (21) Dimenoxadol; (14) Methyldihydromorphine; (22) Dimepheptanol; (15) Morphine methylbromide; (23) Dimethylthiambutene; (16) Morphine methylsulfonate; (24) Dioxaphetyl butyrate; (25) Dipipanone; (17) Morphine-N-Oxide; (26) Ethylmethylthiambutene; (18) Myrophine; (27) Etonitazene; (19) Nicocodeine; (28) Etoxeridine; (20) Nicomorphine; (29) Furethidine; (21) Normorphine; (30) Hydroxypethidine; (22) Pholcodine; (31) Ketobemidone; (23) Thebacon. (32) Levomoramide; (c) Hallucinogenic substances. Unless specifically (33) Levophenacylmorphan; excepted or unless listed in another schedule, any material, (34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)- compound, mixture, or preparation which contains any quan- 4-piperidyl]-N-phenylprop anamide); tity of the following hallucinogenic substances, including (35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thie- their salts, isomers, and salts of isomers whenever the exis- nyl)ethyl-4-piperidinyl]-N-phenylpropanamide); tence of those salts, isomers, and salts of isomers is possible (36) Morpheridine; within the specific chemical designation. For the purposes of (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperi- this subsection only, the term "isomer" includes the optical, dine); position, and geometric isomers: (38) Noracymethadol; (1) Alpha-ethyltryptamine: Some trade or other names: (39) Norlevorphanol; Etryptamine; monase; a-ethyl-1H-indole-3-ethanamine; (40) Normethadone; 3-(2-aminobutyl) indole; a-ET; and AET; (41) Norpipanone; (2) 4-bromo-2,5-dimethoxy-amphetamine: Some trade (42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2- or other names: 4-bromo-2,5-dimethoxy-a-methylphenethyl- phenethyl)-4-piperidinyl] propanamide); amine; 4-bromo-2,5-DMA; [Title 69 RCW—page 74] 2014 Uniform Controlled Substances Act 69.50.204

(3) 4-bromo-2,5-dimethoxyphenethylamine: Some trade tives, and their isomers with similar chemical structure and orother names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoeth - pharmacological activity such as the following: ane; alpha-desmethyl DOB; 2C-B, nexus; (i) 1 - cis - or trans tetrahydrocannabinol, and their opti- (4) 2,5-dimethoxyamphetamine: Some trade or other cal isomers, excluding tetrahydrocannabinol in sesame oil names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA; and encapsulated in a soft gelatin capsule in a drug product (5) 2,5-dimethoxy-4-ethylamphetamine (DOET); approved by the United States Food and Drug Administra- (6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine: tion; Other name: 2C-T-7; (ii) 6 - cis - or trans tetrahydrocannabinol, and their opti- (7) 4-methoxyamphetamine: Some trade or other names: cal isomers; 4-methoxy-a-methylphenethylamine; paramethoxyamphet- (iii) 3,4 - cis - or trans tetrahydrocannabinol, and its opti- amine, PMA; cal isomers; (8) 5-methoxy-3,4-methylenedioxy-amphetamine; (Since nomenclature of these substances is not internationally (9) 4-methyl-2,5-dimethoxy-amphetamine: Some trade standardized, compounds of these structures, regardless of and other names: 4-methyl-2,5-dimethoxy-a-methyl- numerical designation of atomic positions covered.) phenethylamine; "DOM"; and "STP"; (31) Ethylamine analog of phencyclidine: Some trade or (10) 3,4-methylenedioxy amphetamine; other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcy- (11) 3,4-methylenedioxymethamphetamine (MDMA); clohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; (12) 3,4-methylenedioxy-N-ethylamphetamine, also cyclohexamine; PCE; known as N-ethyl-alpha-methyl-3,4(methylene- (32) Pyrrolidine analog of phencyclidine: Some trade or dioxy)phenethylamine, N-ethyl MDA, MDE, MDEA; other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP; (13) N-hydroxy-3,4-methylenedioxyamphetamine also (33) Thiophene analog of phencyclidine: Some trade or known as N-hydroxy-alpha-methyl-3,4(methylene- other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2- dioxy)phenethylamine,N-hydroxy MDA; thienylanalog of phencyclidine; TPCP; TCP; (14) 3,4,5-trimethoxy amphetamine; (34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or (15) Alpha-methyltryptamine: Other name: AMT; other name is TCPy. (d) Depressants. Unless specifically excepted or unless (16) Bufotenine: Some trade or other names: 3-(beta- listed in another schedule, any material, compound, mixture, Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylamino- or preparation which contains any quantity of the following ethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- substances having a depressant effect on the central nervous dimethyltryptamine; mappine; system, including its salts, isomers, and salts of isomers (17) Diethyltryptamine: Some trade or other names: whenever the existence of such salts, isomers, and salts of N,N-Diethyltryptamine; DET; isomers is possible within the specific chemical designation. (18) Dimethyltryptamine: Some trade or other names: (1) Gamma-hydroxybutyric acid: Some other names DMT; include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; (19) 5-methoxy-N,N-diisopropyltryptamine: Other 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyr- name: 5-MeO-DIPT; ate; (20) Ibogaine: Some trade or other names: 7-Ethyl-6,6 (2) Mecloqualone; beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H- (3) Methaqualone. pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga; (e) Stimulants. Unless specifically excepted or unless (21) Lysergic acid diethylamide; listed in another schedule, any material, compound, mixture, (22) Marihuana or marijuana; or preparation which contains any quantity of the following (23) Mescaline; substances having a stimulant effect on the central nervous (24) Parahexyl-7374: Some trade or other names: 3- system, including its salts, isomers, and salts of isomers: Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H- (1) Aminorex: Some other names: aminoxaphen; 2- dibenzo[b,d]pyran; synhexyl; amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5-phenly-2- (25) Peyote, meaning all parts of the plant presently clas- oxazolamine; sified botanically as Lophophora Williamsii Lemaire, (2) N-Benzylpiperazine: Some other names: BZP,1-ben- whether growing or not, the seeds thereof, any extract from zylpiperazine; any part of such plant, and every compound, manufacture, (3) Cathinone, also known as 2-amino-1-phenyl-1-propa- salts, derivative, mixture, or preparation of such plant, its none, alpha-aminopropiophenone, 2-aminopropiophenone seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Sched- and norephedrone; ule I (c)(12)); (4) Fenethylline; (26) N-ethyl-3-piperidyl benzilate; (5) Methcathinone: Some other names: 2-(methyl- (27) N-methyl-3-piperidyl benzilate; amino)-propiophenone; alpha-(methylamino)propiophe- (28) Psilocybin; none; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- (29) Psilocyn; methylaminopropiophenone; monomethylpropion; (30) Tetrahydrocannabinols, meaning tetrahydrocannab- ephedrone; N-methylcathinone; methylcathinone; AL-464; inols naturally contained in a plant of the genus Cannabis AL-422; AL-463 and UR1432, its salts, optical isomers, and (cannabis plant), as well as synthetic equivalents of the sub- salts of optical isomers; stances contained in the plant, or in the resinous extractives (6) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4- of Cannabis, species, and/ or synthetic substances, deriva- methyl-5-phenyl-2-oxazolamine); 2014 [Title 69 RCW—page 75] 69.50.205 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(7) N-ethylamphetamine; (2) Any salt, compound, isomer, derivative, or prepara- (8) N,N-dimethylamphetamine: Some trade or other tion thereof that is chemically equivalent or identical with names: N,N-alpha-trimethyl-benzeneethanamine; N,N- any of the substances referred to in subsection (b)(1) of this alpha-trimethylphenoethylene. section, but not including the isoquinoline alkaloids of The controlled substances in this section may be added, opium. rescheduled, or deleted as provided for in RCW 69.50.201. (3) Opium poppy and poppy straw. [2010 c 177 § 2; 1993 c 187 § 4; 1986 c 124 § 3; 1980 c 138 (4) Coca leaves and any salt, compound, derivative, or § 1; 1971 ex.s. c 308 § 69.50.204.] preparation of coca leaves including cocaine and ecgonine, Pharmacy quality assurance commission may change schedules of con- and their salts, isomers, derivatives, and salts of isomers and trolled substances: RCW 69.50.201. derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with 69.50.205 Schedule II tests. 69.50.205 Schedule II tests. (a) The commission shall any of these substances, except that the substances shall not place a substance in Schedule II upon finding that: include decocainized coca leaves or extractions of coca (1) the substance has high potential for abuse; leaves which do not contain cocaine or ecgonine. (2) the substance has currently accepted medical use in (5) Concentrate of poppy straw (The crude extract of treatment in the United States, or currently accepted medical poppy straw in either liquid, solid, or powder form which use with severe restrictions; and contains the phenanthrene alkaloids of the opium poppy.) (3) the abuse of the substance may lead to severe psycho- (c) Opiates. Unless specifically excepted or unless in logical or physical dependence. another schedule, any of the following synthetic opiates, (b) The commission may place a substance in Schedule including its isomers, esters, ethers, salts, and salts of iso- II without making the findings required by subsection (a) of mers, esters, and ethers, whenever the existence of such iso- this section if the substance is controlled under Schedule II of mers, esters, ethers, and salts is possible within the specific the federal Controlled Substances Act by a federal agency as chemical designation, dextrorphan and levopropoxyphene the result of an international treaty, convention, or protocol. excepted: [2013 c 19 § 89; 1993 c 187 § 5; 1971 ex.s. c 308 § (1) Alfentanil; 69.50.205.] (2) Alphaprodine; (3) Anileridine; 69.50.206 Schedule II. 69.50.206 Schedule II. (a) The drugs and other sub- (4) Bezitramide; stances listed in this section, by whatever official name, com- (5) Bulk dextropropoxyphene (nondosage forms); mon or usual name, chemical name, or brand name desig- (6) Carfentanil; nated, are included in Schedule II. (7) Dihydrocodeine; (b) Substances. (Vegetable origin or chemical synthesis.) (8) Diphenoxylate; Unless specifically excepted, any of the following sub- (9) Fentanyl; stances, except those listed in other schedules, whether pro- (10) Isomethadone; duced directly or indirectly by extraction from substances of (11) Levo-alphacetylmethadol, also known as levo- vegetable origin, or independently by means of chemical syn- alpha-acetylmethadol, levomethadyl acetate, or LAAM; thesis, or by combination of extraction and chemical synthe- (12) Levomethorphan; sis: (13) Levorphanol; (1) Opium and opiate, and any salt, compound, deriva- (14) Metazocine; tive, or preparation of opium or opiate, excluding apomor- (15) Methadone; phine, thebaine-derived butorphanol, dextrorphan, nalbu- (16) Methadone— Intermediate, 4-cyano-2-dimethyl- phine, nalmefene, naloxone, and naltrexone, and their respec- amino-4, 4-diphenyl butane; tive salts, but including the following: (17) Moramide— Intermediate, 2-methyl-3-morpholino- (i) Raw opium; 1, 1-diphenylpropane-carboxylic acid; (ii) Opium extracts; (18) Pethidine (meperidine); (iii) Opium fluid; (19) Pethidine— Intermediate-A, 4-cyano-1-methyl-4- (iv) Powdered opium; phenylpiperidine; (v) Granulated opium; (20) Pethidine— Intermediate-B, ethyl-4-phenylpiperi- (vi) Tincture of opium; dine-4-carboxylate; (vii) Codeine; (21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiper- (viii) Dihydroetorphine; idine-4-carboxylic acid; (ix) Ethylmorphine; (22) Phenazocine; (x) Etorphine hydrochloride; (23) Piminodine; (xi) Hydrocodone; (24) Racemethorphan; (xii) Hydromorphone; (25) Racemorphan; (xiii) Metopon; (26) Remifentanil; (xiv) Morphine; (27) Sufentanil; (xv) Oripavine; (28) Tapentadol. (xvi) Oxycodone; (d) Stimulants. Unless specifically excepted or unless (xvii) Oxymorphone; and listed in another schedule, any material, compound, mixture, (xviii) Thebaine. or preparation which contains any quantity of the following [Title 69 RCW—page 76] 2014 Uniform Controlled Substances Act 69.50.208

69.50.208 Schedule III. substances having a stimulant effect on the central nervous 69.50.208 Schedule III. Unless specifically excepted system: by state or federal law or regulation or more specifically (1) Amphetamine, its salts, optical isomers, and salts of included in another schedule, the following controlled sub- its optical isomers; stances are listed in Schedule III: (2) Methamphetamine, its salts, isomers, and salts of its (a) Stimulants. Any material, compound, mixture, or isomers; preparation containing any quantity of the following sub- (3) Phenmetrazine and its salts; stances having a stimulant effect on the central nervous system, including their salts, isomers, whether optical, position, (4) Methylphenidate; or geometric, and salts of isomers whenever the existence of (5) Lisdexamfetamine, its salts, isomers, and salts of its those salts, isomers, and salts of isomers is possible within isomers. the specific chemical designation: (e) Depressants. Unless specifically excepted or unless (1) Any compound, mixture, or preparation in dosage listed in another schedule, any material, compound, mixture, unit form containing any stimulant substance included in or preparation which contains any quantity of the following Schedule II and which was listed as an excepted compound substances having a depressant effect on the central nervous on August 25, 1971, pursuant to the federal Controlled Sub- system, including its salts, isomers, and salts of isomers stances Act, and any other drug of the quantitative composi- whenever the existence of such salts, isomers, and salts of tion shown in that list for those drugs or which is the same isomers is possible within the specific chemical designation: except for containing a lesser quantity of controlled sub- (1) Amobarbital; stances; (2) Glutethimide; (2) Benzphetamine; (3) Pentobarbital; (3) Chlorphentermine; (4) Phencyclidine; (4) Clortermine; (5) Secobarbital. (5) Phendimetrazine. (f) Hallucinogenic substances. (b) Depressants. Unless specifically excepted or unless Nabilone: Some trade or other names are ( ± )-trans3- listed in another schedule, any material, compound, mixture, (1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy- or preparation which contains any quantity of the following 6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one. substances having a depressant effect on the central nervous (g) Immediate precursors. Unless specifically excepted system: or unless listed in another schedule, any material, compound, (1) Any compound, mixture, or preparation containing: mixture, or preparation which contains any quantity of the (i) Amobarbital; following substances: (ii) Secobarbital; (1) Immediate precursor to amphetamine and metham- (iii) Pentobarbital; phetamine: or any salt thereof and one or more other active medicinal (i) Phenylacetone: Some trade or other names phenyl-2- ingredients which are not listed in any schedule; propanone, P2P, benzyl methyl ketone, methyl benzyl (2) Any suppository dosage form containing: ketone. (i) Amobarbital; (2) Immediate precursors to phencyclidine (PCP): (ii) Secobarbital; (i) 1-phenylcyclohexylamine; (iii) Pentobarbital; (ii) 1-piperidinocyclohexanecarbonitrile (PCC). or any salt of any of these drugs and approved by the Food The controlled substances in this section may be added, and Drug Administration for marketing only as a supposi- rescheduled, or deleted as provided for in RCW 69.50.201. tory; [2010 c 177 § 3; 1993 c 187 § 6; 1986 c 124 § 4; 1980 c 138 (3) Any substance which contains any quantity of a § 2; 1971 ex.s. c 308 § 69.50.206.] derivative of barbituric acid, or any salt of a derivative of bar- Pharmacy quality assurance commission may change schedules of con- bituric acid; trolled substances: RCW 69.50.201. (4) Chlorhexadol; (5) Embutramide; 69.50.207 Schedule III tests. 69.50.207 Schedule III tests. (a) The commission shall (6) Any drug product containing gamma hydroxybutyric place a substance in Schedule III upon finding that: acid, including its salts, isomers, and salts of isomers, for (1) the substance has a potential for abuse less than the which an application is approved under section 505 of the substances included in Schedules I and II; federal food, drug, and cosmetic act; (2) the substance has currently accepted medical use in (7) Ketamine, its salts, isomers, and salts of isomers, treatment in the United States; and some other names for ketamine: ()-2-(2-chloro- (3) abuse of the substance may lead to moderate or low phenyl)-2-(methylamino)-cyclohexanone; physical dependence or high psychological dependence. (8) Lysergic acid; (b) The commission may place a substance in Schedule (9) Lysergic acid amide; III without making the findings required by subsection (a) of (10) Methyprylon; this section if the substance is controlled under Schedule III (11) Sulfondiethylmethane; of the federal Controlled Substances Act by a federal agency (12) Sulfonethylmethane; as the result of an international treaty, convention, or proto- (13) Sulfonmethane; col. [2013 c 19 § 90; 1993 c 187 § 7; 1971 ex.s. c 308 § (14) Tiletamine and zolazepam or any of their salts— 69.50.207.] some trade or other names for a tiletamine-zolazepam combi- 2014 [Title 69 RCW—page 77] 69.50.208 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons nation product: Telazol, some trade or other names for tilet- (4) 1-androstenediol (3β,17β-dihy- amine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone, some droxy-5α-androst-1-ene); trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8- (5) 1-androstenediol (3α,17β-dihy- dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin- droxy-5α-androst-1-ene); 7(1H)-one flupyrazapon. (6) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene); (c) Nalorphine. (d) Narcotic drugs. Unless specifically excepted or (7) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene); unless listed in another schedule, any material, compound, (8) 1-androstenedione ([5α]-androst-1-en-3,17-dione); mixture, or preparation containing limited quantities of any (9) 4-androstenedione (androst-4-en-3,17-dione); of the following narcotic drugs, or any salts thereof calcu- (10) 5-androstenedione (androst-5-en-3,17-dione); lated as the free anhydrous base or alkaloid, in limited quan- (11) Bolasterone (7α,17α-dimethyl-17β-hydroxyan- tities as set forth in this subsection: drost-4-en-3-one); (1) Not more than 1.8 grams of codeine per 100 millili- (12) Boldenone (17β-hydroxyandrost-1,4,-diene-3-one); ters or not more than 90 milligrams per dosage unit, with an (13) Calusterone (7β,17α-dimethyl-17β-hydroxyan- equal or greater quantity of an isoquinoline alkaloid of drost-4-en-3-one); opium; (14) Clostebol (4-chloro-17β-hydroxyan- (2) Not more than 1.8 grams of codeine per 100 millili- drost-4-en-3-one); ters or not more than 90 milligrams per dosage unit, with one (15) Dehydrochloromethyltestosterone (4-chloro-17β- or more active, nonnarcotic ingredients in recognized thera- hydroxy-17α-methyl-androst-1,4-dien-3-one); peutic amounts; (16) ∆1-dihydrotestosterone (a.k.a. '1-testosterone') (3) Not more than 300 milligrams of dihydrocodeinone (17β-hydroxy-5α-androst-1-en-3-one); (hydrocodone) per 100 milliliters or not more than 15 milli- (17) 4-dihydrotestosterone (17β-hydroxy-andro- grams per dosage unit, with a fourfold or greater quantity of stan-3-one); an isoquinoline alkaloid of opium; (4) Not more than 300 milligrams of dihydrocodeinone (18) Drostanolone (17β-hydroxy-2α-methyl-5α-andro- (hydrocodone) per 100 milliliters or not more than 15 milli- stan-3-one); grams per dosage unit, with one or more active, nonnarcotic (19) Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene); ingredients in recognized therapeutic amounts; (20) Fluoxymesterone (9-fluoro-17α-methyl-11β,17β- (5) Not more than 1.8 grams of dihydrocodeine per 100 dihydroxyandrost-4-en-3-one); milliliters or not more than 90 milligrams per dosage unit, (21) Formebolone (2-formyl-17α-methyl-11α,17β- with one or more active, nonnarcotic ingredients in recog- dihydroxyandrost-1,4-dien-3-one); nized therapeutic amounts; (22) Furazabol (17α-methyl-17β-hydroxyandro- (6) Not more than 300 milligrams of ethylmorphine per stano[2,3-c]-furazan); 100 milliliters or not more than 15 milligrams per dosage (23) 13β-ethyl-17β-hydroxygon-4-en-3-one; unit, with one or more active, nonnarcotic ingredients in rec- (24) 4-hydroxytestosterone (4,17β-dihy- ognized therapeutic amounts; droxy-androst-4-en-3-one); (7) Not more than 500 milligrams of opium per 100 mil- (25) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy- liliters or per 100 grams, or not more than 25 milligrams per estr-4-en-3-one); dosage unit, with one or more active, nonnarcotic ingredients (26) Mestanolone (17α-methyl-17β-hydroxy-5-andro- in recognized therapeutic amounts; and stan-3-one); (8) Not more than 50 milligrams of morphine per 100 (27) Mesterolone (1α methyl-17β-hydroxy-[5α]-andro- milliliters or per 100 grams with one or more active, nonnar- stan-3-one); cotic ingredients in recognized therapeutic amounts. (28) Methandienone (17α-methyl-17β-hydroxyan- (e) Any material, compound, mixture, or preparation drost-1,4-dien-3-one); containing any of the following narcotic drugs or their salts: Buprenorphine. (29) Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene); (f) Hallucinogenic substances. Dronabinol (synthetic) in (30) Methenolone sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved prod- (1-methyl-17β-hydroxy-5α-androst-1-en-3-one); uct. Some other names for dronabinol: [6a R-trans]-6a,7,8, (31) 17α-methyl-3β,17β-dihydroxy-5a-androstane; 10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] (32) 17α-methyl-3α,17β-dihydroxy-5a-androstane; pyran-i-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol. (33) 17α-methyl-3β,17β-dihydroxyandrost-4-ene; (g) Anabolic steroids. The term "anabolic steroids" (34) 17α-methyl-4-hydroxynandrolone (17α-methyl-4- means any drug or hormonal substance, chemically and phar- hydroxy-17β-hydroxyestr-4-en-3-one); macologically related to testosterone, other than estrogens, (35) Methyldienolone (17α-methyl-17β-hydroxyestra- progestins, corticosteroids, and dehydroepiandrosterone, that 4,9(10)-dien-3-one); promotes muscle growth and includes: (36) Methyltrienolone (17α-methyl-17β-hydroxyestra- (1) 3β,17-dihydroxy-5a-androstane; 4,9-11-trien-3-one); (2) 3α,17β-dihydroxy-5a-androstane; (37) Methyltestosterone (17α-methyl-17β-hydroxyan- (3) 5α-androstan-3,17-dione; drost-4-en-3-one); [Title 69 RCW—page 78] 2014 Uniform Controlled Substances Act 69.50.210

(38) Mibolerone tures are in combinations, quantity, proportion, or concentra- (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one); tion that vitiate the potential for abuse of the substances hav- (39) 17α-methyl-∆1-dihydrotestosterone (17bβ- ing a stimulant or depressant effect on the central nervous hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as system. '17-α-methyl-1-testosterone'); The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW (40) Nandrolone (17β-hydroxyestr-4-en-3-one); 69.50.201. [2013 c 19 § 91; 2010 c 177 § 4; 1993 c 187 § 8; (41) 19-nor-4-androstenediol (3β, 17β-dihy- 1986 c 124 § 5; 1980 c 138 § 3; 1971 ex.s. c 308 § 69.50.208.] droxyestr-4-ene); Commission may change schedules of controlled substances: RCW (42) 19-nor-4-androstenediol (3α, 17β-dihy- 69.50.201. droxyestr-4-ene);

69.50.209 Schedule IV tests. (43) 19-nor-5-androstenediol (3β, 17β-dihy- 69.50.209 Schedule IV tests. (a) The commission shall droxyestr-5-ene); place a substance in Schedule IV upon finding that: (44) 19-nor-5-androstenediol (3α, 17β-dihy- (1) the substance has a low potential for abuse relative to droxyestr-5-ene); substances in Schedule III; (45) 19-nor-4-androstenedione (estr-4-en-3,17-dione); (2) the substance has currently accepted medical use in (46) 19-nor-5-androstenedione (estr-5-en-3,17-dione); treatment in the United States; and (47) Norbolethone (13β, 17α-diethyl-17β-hydroxy- (3) abuse of the substance may lead to limited physical gon-4-en-3-one); dependence or psychological dependence relative to the substances included in Schedule III. (48) Norclostebol (b) The commission may place a substance in Schedule (4-chloro-17β-hydroxyestr-4-en-3-one); IV without making the findings required by subsection (a) of (49) Norethandrolone this section if the substance is controlled under Schedule IV (17α-ethyl-17β-hydroxyestr-4-en-3-one); of the federal Controlled Substances Act by a federal agency (50) Normethandrolone as the result of an international treaty, convention, or proto- (17α-methyl-17β-hydroxyestr-4-en-3-one); col. [2013 c 19 § 92; 1993 c 187 § 9; 1971 ex.s. c 308 § (51) Oxandrolone (17α-methyl-17β-hydroxy-2-oxa- 69.50.209.] [5α]-androstan-3-one); 69.50.210 Schedule IV. (52) Oxymesterone (17α-methyl-4,17β-dihydroxyan- 69.50.210 Schedule IV. Unless specifically excepted drost-4-en-3-one); by state or federal law or regulation or more specifically (53) Oxymetholone (17α-methyl-2-hydroxymethylene- included in another schedule, the following controlled substances are listed in Schedule IV: 17β-hydroxy-[5α]-androstan-3-one); (a) Any material, compound, mixture, or preparation (54) Stanozolol (17α-methyl-17β-hydroxy-[5α]- containing any of the following narcotic drugs, or their salts androst-2-eno[3,2-c]-pyrazole); calculated as the free anhydrous base or alkaloid, in limited (55) Stenbolone quantities as set forth below: (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one); (1) Not more than 1 milligram of difenoxin and not less (56) Testolactone (13-hydroxy-3-oxo-13,17-secoandro- than 25 micrograms of atropine sulfate per dosage unit. sta-1,4-dien-17-oic acid lactone); (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino- (57) Testosterone (17β-hydroxyandrost-4-en-3-one); 1,2-diphenyl-3-methyl-2-propionoxybutane). (58) Tetrahydrogestrinone (13β, 17α-diethyl-17β- (b) Depressants. Unless specifically excepted or unless hydroxygon-4,9,11-trien-3-one); listed in another schedule, any material, compound, mixture, (59) Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one); or preparation containing any quantity of the following sub- and stances having a depressant effect on the central nervous sys- (60) Any salt, ester, or ether of a drug or substance tem, including their salts, isomers, and salts of isomers when- described in this section. Such term does not include an ana- ever the existence of those salts, isomers, and salts of isomers bolic steroid that is expressly intended for administration is possible within the specific chemical designation: through implants to cattle or other nonhuman species and that (1) Alprazolam; has been approved by the secretary of the department of (2) Barbital; health and human services for such administration. If any (3) Bromazepam; person prescribes, dispenses, or distributes such steroid for (4) Camazepam; human use, the person shall be considered to have prescribed, (5) Carisoprodol; dispensed, or distributed an anabolic steroid within the mean- (6) Chloral betaine; ing of this section. (7) Chloral hydrate; The commission may except by rule any compound, (8) Chlordiazepoxide; mixture, or preparation containing any stimulant or depres- (9) Clobazam; sant substance listed in subsection (a)(1) and (2) of this sec- (10) Clonazepam; tion from the application of all or any part of this chapter if (11) Clorazepate; the compound, mixture, or preparation contains one or more (12) Clotiazepam; active medicinal ingredients not having a stimulant or depres- (13) Cloxazolam; sant effect on the central nervous system, and if the admix- (14) Delorazepam; 2014 [Title 69 RCW—page 79] 69.50.211 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(15) Diazepam; (e) Other substances. Unless specifically excepted or (16) Dichloralphenazone; unless listed in another schedule, any material, compound, (17) Estazolam; mixture, or preparation containing any quantity of the follow- (18) Ethchlorvynol; ing substance, including its salts: (19) Ethinamate; (1) Pentazocine; (20) Ethyl loflazepate; (2) Butorphanol, including its optical isomers. (21) Fludiazepam; The commission may except by rule any compound, (22) Flunitrazepam; mixture, or preparation containing any depressant substance (23) Flurazepam; listed in subsection (b) of this section from the application of (24) Halazepam; all or any part of this chapter if the compound, mixture, or (25) Haloxazolam; preparation contains one or more active medicinal ingredi- (26) Ketazolam; ents not having a depressant effect on the central nervous sys- (27) Loprazolam; tem, and if the admixtures are in combinations, quantity, pro- (28) Lorazepam; portion, or concentration that vitiate the potential for abuse of (29) Lormetazepam; the substances having a depressant effect on the central ner- (30) Mebutamate; vous system. (31) Medazepam; The controlled substances listed in this section may be (32) Meprobamate; added, rescheduled, or deleted as provided for in RCW (33) Methohexital; 69.50.201. [2013 c 19 § 93; 2010 c 177 § 5; 1993 c 187 § 10; (34) Methylphenobarbital (mephobarbital); 1986 c 124 § 6; 1981 c 147 § 2; 1980 c 138 § 4; 1971 ex.s. c (35) Midazolam; 308 § 69.50.210.] (36) Nimetazepam; (37) Nitrazepam; Commission may change schedules of controlled substances: RCW 69.50.201. (38) Nordiazepam;

(39) Oxazepam; 69.50.211 Schedule V tests. 69.50.211 (40) Oxazolam; 69.50.211 Schedule V tests. (a) The commission shall (41) Paraldehyde; place a substance in Schedule V upon finding that: (42) Petrichloral; (1) the substance has low potential for abuse relative to (43) Phenobarbital; the controlled substances included in Schedule IV; (44) Pinazepam; (2) the substance has currently accepted medical use in (45) Prazepam; treatment in the United States; and (46) Quazepam; (3) abuse of the substance may lead to limited physical (47) Temazepam; dependence or psychological dependence relative to the sub- (48) Tetrazepam; stances included in Schedule IV. (49) Triazolam; (b) The commission may place a substance in Schedule (50) Zaleplon; V without being required to make the findings required by (51) Zolpidem; and subsection (a) of this section if the substance is controlled (52) Zopiclone. under Schedule V of the federal Controlled Substances Act (c) Fenfluramine. Any material, compound, mixture, or by a federal agency as the result of an international treaty, preparation containing any quantity of the following sub- convention, or protocol. [2013 c 19 § 94; 1993 c 187 § 11; stance, including its salts, isomers, and salts of such isomers, 1971 ex.s. c 308 § 69.50.211.] whenever the existence of such salts, isomers, and salts of isomers is possible: Fenfluramine. 69.50.212 Schedule V. 69.50.212 Schedule V. Unless specifically excepted by (d) Stimulants. Unless specifically excepted or unless state or federal law or regulation or more specifically listed in another schedule, any material, compound, mixture, included in another schedule, the following controlled sub- or preparation containing any quantity of the following substances are listed in Schedule V: stances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: (a) Any compound, mixture, or preparation containing (1) Cathine((+)norpseudoephedrine); any of the following narcotic drugs, or their salts calculated (2) Diethylpropion; as the free anhydrous base or alkaloid, in limited quantities as (3) Fencamfamin; set forth in this subsection, which also contains one or more (4) Fenproporex; nonnarcotic active medicinal ingredients in sufficient propor- (5) Mazindol; tion to confer upon the compound, mixture, or preparation, (6) Mefenorex; valuable medicinal qualities other than those possessed by (7) Modafinil; the narcotic drug alone: (8) Pemoline (including organometallic complexes and (1) Not more than 200 milligrams of codeine per 100 chelates thereof); milliliters or per 100 grams; (9) Phentermine; (2) Not more than 100 milligrams of dihydrocodeine per (10) Pipradrol; 100 milliliters or per 100 grams; (11) Sibutramine; (3) Not more than 100 milligrams of ethylmorphine per (12) SPA ((-)-1-dimethylamino-1, 2-dephenylethane). 100 milliliters or per 100 grams; [Title 69 RCW—page 80] 2014 Uniform Controlled Substances Act 69.50.303

69.50.302 Registration requirements. (4) Not more than 2.5 milligrams of diphenoxylate and 69.50.302 Registration requirements. (a) Every per- not less than 25 micrograms of atropine sulfate per dosage son who manufactures, distributes, or dispenses any con- unit; trolled substance within this state or who proposes to engage (5) Not more than 100 milligrams of opium per 100 mil- in the manufacture, distribution, or dispensing of any con- liliters or per 100 grams; trolled substance within this state, shall obtain annually a reg- (6) Not more than 0.5 milligrams of difenoxin and not istration issued by the department in accordance with the less than 25 micrograms of atropine sulfate per dosage unit. commission's rules. (b) Stimulants. Unless specifically exempted or (b) A person registered by the department under this excluded or unless listed in another schedule, any material, chapter to manufacture, distribute, dispense, or conduct compound, mixture, or preparation which contains any quan- research with controlled substances may possess, manufac- tity of the following substances having a stimulant effect on ture, distribute, dispense, or conduct research with those sub- the central nervous system, including its salts, isomers, and stances to the extent authorized by the registration and in con- salts of isomers: Pyrovalerone. formity with this Article. (c) Depressants. Unless specifically exempted or (c) The following persons need not register and may law- excluded or unless listed in another schedule, any material, fully possess controlled substances under this chapter: compound, mixture, or preparation which contains any quan- (1) An agent or employee of any registered manufac- tity of the following substances having a depressant effect on turer, distributor, or dispenser of any controlled substance if the central nervous system, including its salts: the agent or employee is acting in the usual course of busi- (1) Lacosamid, [(R)-2-acetoamido-N-ben- ness or employment. This exemption shall not include any zyl-3-methoxy- propionamide]; agent or employee distributing sample controlled substances (2) Pregabalin{(S)-3-(aminomethyl)-5-methylhexanoic to practitioners without an order; acid}. (2) A common or contract carrier or warehouse operator, The controlled substances listed in this section may be or an employee thereof, whose possession of any controlled added, rescheduled, or deleted as provided for in RCW substance is in the usual course of business or employment; 69.50.201. [2010 c 177 § 6; 1993 c 187 § 12; 1986 c 124 § 7; (3) An ultimate user or a person in possession of any 1980 c 138 § 5; 1971 ex.s. c 308 § 69.50.212.] controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a substance included in Sched- Pharmacy quality assurance commission may change schedules of controlled substances: RCW 69.50.201. ule V. (d) The commission may waive by rule the requirement 69.50.213 Republishing of schedules. Republishing of schedules. The commis- for registration of certain manufacturers, distributors, or dis- sion shall publish updated schedules annually. Failure to pub- pensers upon finding it consistent with the public health and lish updated schedules is not a defense in any administrative safety. Personal practitioners licensed or registered in the or judicial proceeding under this chapter. [2013 c 19 § 95; state of Washington under the respective professional licens- 1993 c 187 § 13; 1971 ex.s. c 308 § 69.50.213.] ing acts shall not be required to be registered under this chapter unless the specific exemption is denied pursuant to RCW

69.50.214 Controlled substance analog. 69.50.305 for violation of any provisions of this chapter. 69.50.214 Controlled substance analog. A controlled substance analog, to the extent intended for human consump- (e) A separate registration is required at each principal tion, shall be treated, for the purposes of this chapter, as a place of business or professional practice where the applicant substance included in Schedule I. Within thirty days after the manufactures, distributes, or dispenses controlled substances. initiation of prosecution with respect to a controlled sub- (f) The department may inspect the establishment of a stance analog by indictment or information, the prosecuting registrant or applicant for registration in accordance with attorney shall notify the commission of information relevant rules adopted by the commission. [2013 c 19 § 98; 2011 c to emergency scheduling as provided for in RCW 336 § 839; 1993 c 187 § 16; 1989 1st ex.s. c 9 § 432; 1971 69.50.201(e). After final determination that the controlled ex.s. c 308 § 69.50.302.] substance analog should not be scheduled, no prosecution Additional notes found at www.leg.wa.gov relating to that substance as a controlled substance analog may continue or take place. [2013 c 19 § 96; 1993 c 187 § 69.50.303 Registration. Registration. (a) The department shall regis- 14.] ter an applicant to manufacture or distribute controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208, ARTICLE III 69.50.210, and 69.50.212 unless the commission determines REGULATION OF MANUFACTURE, DISTRIBUTION, that the issuance of that registration would be inconsistent AND DISPENSING OF CONTROLLED SUBSTANCES with the public interest. In determining the public interest, the commission shall consider the following factors:

69.50.301 Rules—Fees. 69.50.301 Rules—Fees. The commission may adopt (1) maintenance of effective controls against diversion rules and the department may charge reasonable fees, relating of controlled substances into other than legitimate medical, to the registration and control of the manufacture, distribu- scientific, research, or industrial channels; tion, and dispensing of controlled substances within this (2) compliance with applicable state and local law; state. [2013 c 19 § 97; 1993 c 187 § 15; 1991 c 229 § 9; 1989 (3) promotion of technical advances in the art of manu- 1st ex.s. c 9 § 431; 1971 ex.s. c 308 § 69.50.301.] facturing controlled substances and the development of new Additional notes found at www.leg.wa.gov substances; 2014 [Title 69 RCW—page 81] 69.50.304 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(4) any convictions of the applicant under any laws of (b) The commission may limit revocation or suspension another country or federal or state laws relating to any con- of a registration to the particular controlled substance or trolled substance; schedule of controlled substances, with respect to which (5) past experience in the manufacture or distribution of grounds for revocation or suspension exist. controlled substances, and the existence in the applicant's (c) If the commission suspends or revokes a registration, establishment of effective controls against diversion of con- all controlled substances owned or possessed by the regis- trolled substances into other than legitimate medical, scien- trant at the time of suspension or the effective date of the tific, research, or industrial channels; revocation order may be placed under seal. No disposition (6) furnishing by the applicant of false or fraudulent may be made of substances under seal until the time for tak- material in any application filed under this chapter; ing an appeal has elapsed or until all appeals have been con- (7) suspension or revocation of the applicant's federal cluded unless a court, upon application, orders the sale of per- registration to manufacture, distribute, or dispense controlled ishable substances and the deposit of the proceeds of the sale substances as authorized by federal law; and with the court. Upon a revocation order becoming final, all (8) any other factors relevant to and consistent with the controlled substances may be forfeited to the state. public health and safety. (d) The department may seize or place under seal any (b) Registration under subsection (a) of this section does controlled substance owned or possessed by a registrant not entitle a registrant to manufacture or distribute controlled whose registration has expired or who has ceased to practice substances included in Schedule I or II other than those spec- or do business in the manner contemplated by the registra- ified in the registration. tion. The controlled substance must be held for the benefit of (c) Practitioners must be registered, or exempted under the registrant or the registrant's successor in interest. The RCW 69.50.302(d), to dispense any controlled substances or department shall notify a registrant, or the registrant's succes- to conduct research with controlled substances included in sor in interest, who has any controlled substance seized or Schedules II through V if they are authorized to dispense or placed under seal, of the procedures to be followed to secure conduct research under the law of this state. The commission the return of the controlled substance and the conditions need not require separate registration under this Article for under which it will be returned. The department may not dis- practitioners engaging in research with nonnarcotic sub- pose of any controlled substance seized or placed under seal stances included in Schedules II through V where the regis- under this subsection until the expiration of one hundred trant is already registered under this Article in another capac- eighty days after the controlled substance was seized or ity. Practitioners registered under federal law to conduct placed under seal. The costs incurred by the department in research with substances included in Schedule I may conduct seizing, placing under seal, maintaining custody, and dispos- research with substances included in Schedule I within this ing of any controlled substance under this subsection may be state upon furnishing the commission evidence of that federal recovered from the registrant, any proceeds obtained from the registration. disposition of the controlled substance, or from both. Any (d) A manufacturer or distributor registered under the balance remaining after the costs have been recovered from federal Controlled Substances Act, 21 U.S.C. Sec. 801 et the proceeds of any disposition must be delivered to the reg- seq., may submit a copy of the federal application as an appli- istrant or the registrant's successor in interest. cation for registration as a manufacturer or distributor under (e) The department shall promptly notify the drug this section. The commission may require a manufacturer or enforcement administration of all orders restricting, suspend- distributor to submit information in addition to the applica- ing, or revoking registration and all forfeitures of controlled tion for registration under the federal act. [2013 c 19 § 99; substances. [2013 c 19 § 100; 1993 c 187 § 18; 1989 1st ex.s. 1993 c 187 § 17; 1989 1st ex.s. c 9 § 433; 1971 ex.s. c 308 § c 9 § 434; 1986 c 124 § 8; 1971 ex.s. c 308 § 69.50.304.] 69.50.303.] Additional notes found at www.leg.wa.gov Additional notes found at www.leg.wa.gov

69.50.305 69.50.305 Procedure for denial, suspension, or revocation of registration. 69.50.304 Revocation and suspension of registration—Seizure or placement under seal of controlled substances. 69.50.304 Revocation and suspension of registra- 69.50.305 Procedure for denial, suspension, or revo- tion—Seizure or placement under seal of controlled sub- cation of registration. (a) Any registration, or exemption stances. (a) A registration, or exemption from registration, from registration, issued pursuant to the provisions of this under RCW 69.50.303 to manufacture, distribute, or dispense chapter shall not be denied, suspended, or revoked unless the a controlled substance may be suspended or revoked by the commission denies, suspends, or revokes such registration, or commission upon finding that the registrant has: exemption from registration, by proceedings consistent with (1) furnished false or fraudulent material information in the administrative procedure act, chapter 34.05 RCW. any application filed under this chapter; (b) The commission may suspend any registration simul- (2) been convicted of a felony under any state or federal taneously with the institution of proceedings under RCW law relating to any controlled substance; 69.50.304, or where renewal of registration is refused, if it (3) had the registrant's federal registration suspended or finds that there is an imminent danger to the public health or revoked and is no longer authorized by federal law to manu- safety which warrants this action. The suspension shall con- facture, distribute, or dispense controlled substances; or tinue in effect until the conclusion of the proceedings, includ- (4) committed acts that would render registration under ing judicial review thereof, unless sooner withdrawn by the RCW 69.50.303 inconsistent with the public interest as deter- commission or dissolved by a court of competent jurisdiction. mined under that section. [2013 c 19 § 101; 1971 ex.s. c 308 § 69.50.305.] [Title 69 RCW—page 82] 2014 Uniform Controlled Substances Act 69.50.310

69.50.306 Records of registrants. 69.50.306 Records of registrants. Persons registered, cated prescription of a practitioner. Any oral prescription or exempted from registration under RCW 69.50.302(d), to must be promptly reduced to writing. manufacture, distribute, dispense, or administer controlled (f) The prescription for a substance included in Schedule substances under this chapter shall keep records and maintain III, IV, or V may not be filled or refilled more than six inventories in conformance with the recordkeeping and months after the date issued by the practitioner or be refilled inventory requirements of federal law and with any addi- more than five times, unless renewed by the practitioner. tional rules the commission issues. [2013 c 19 § 102; 1971 (g) A valid prescription or lawful order of a practitioner, ex.s. c 308 § 69.50.306.] in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legiti- 69.50.308 Prescriptions. Prescriptions. (a) A controlled substance mate medical purpose by one authorized to prescribe the use may be dispensed only as provided in this section. Prescrip- of such controlled substance. An order purporting to be a pre- tions electronically communicated must also meet the scription not in the course of professional treatment is not a requirements under RCW 69.50.312. valid prescription or lawful order of a practitioner within the (b) Except when dispensed directly by a practitioner meaning and intent of this chapter; and the person who knows authorized to prescribe or administer a controlled substance, or should know that the person is filling such an order, as well other than a pharmacy, to an ultimate user, a substance as the person issuing it, can be charged with a violation of this included in Schedule II may not be dispensed without the chapter. written or electronically communicated prescription of a (h) A substance included in Schedule V must be distrib- practitioner. uted or dispensed only for a medical purpose. (1) Schedule II narcotic substances may be dispensed by (i) A practitioner may dispense or deliver a controlled a pharmacy pursuant to a facsimile prescription under the fol- substance to or for an individual or animal only for medical lowing circumstances: treatment or authorized research in the ordinary course of that (i) The facsimile prescription is transmitted by a practi- practitioner's profession. Medical treatment includes dispens- tioner to the pharmacy; and ing or administering a narcotic drug for pain, including (ii) The facsimile prescription is for a patient in a long- intractable pain. term care facility or a hospice program certified or paid by (j) No administrative sanction, or civil or criminal liabil- medicare under Title XVIII of the federal social security act. ity, authorized or created by this chapter may be imposed on "Long-term care facility" means nursing homes licensed a pharmacist for action taken in reliance on a reasonable under chapter 18.51 RCW, assisted living facilities licensed belief that an order purporting to be a prescription was issued under chapter 18.20 RCW, and adult family homes licensed by a practitioner in the usual course of professional treatment under chapter 70.128 RCW; or or in authorized research. (iii) The facsimile prescription is for a patient of a hos- (k) An individual practitioner may not dispense a sub- pice program licensed by the state; and stance included in Schedule II, III, or IV for that individual (iv) The practitioner or the practitioner's agent notes on practitioner's personal use. [2013 c 276 § 3; 2013 c 19 § 103; the facsimile prescription that the patient is a long-term care 2012 c 10 § 46; 2001 c 248 § 1; 1993 c 187 § 19; 1971 ex.s. c or hospice patient. 308 § 69.50.308.] Reviser's note: This section was amended by 2013 c 19 § 103 and by (2) Injectable Schedule II narcotic substances that are to 2013 c 276 § 3, each without reference to the other. Both amendments are be compounded for patient use may be dispensed by a phar- incorporated in the publication of this section under RCW 1.12.025(2). For macy pursuant to a facsimile prescription if the facsimile pre- rule of construction, see RCW 1.12.025(1). scription is transmitted by a practitioner to the pharmacy. Application—2012 c 10: See note following RCW 18.20.010. (3) Under (1) and (2) of this subsection the facsimile pre-

69.50.309 Containers. scription shall serve as the original prescription and shall be 69.50.309 Containers. A person to whom or for whose maintained as other Schedule II narcotic substances prescrip- use any controlled substance has been prescribed, sold, or tions. dispensed by a practitioner, and the owner of any animal for (c) In emergency situations, as defined by rule of the which such controlled substance has been prescribed, sold, or commission, a substance included in Schedule II may be dis- dispensed may lawfully possess it only in the container in pensed upon oral prescription of a practitioner, reduced which it was delivered to him or her by the person selling or promptly to writing and filed by the pharmacy. Prescriptions dispensing the same. [2012 c 117 § 367; 1971 ex.s. c 308 § shall be retained in conformity with the requirements of 69.50.309.] RCW 69.50.306. (d) A prescription for a substance included in Schedule II 69.50.310 Sodium pentobarbital—Registration of humane societiesSodium and animal control agencies for use in animalpentobarbital—Registration control. of may not be refilled. A prescription for a substance included in humane societies and animal control agencies for use in Schedule II may not be filled more than six months after the animal control. On and after September 21, 1977, a humane date the prescription was issued. society and animal control agency may apply to the depart- (e) Except when dispensed directly by a practitioner ment for registration pursuant to the applicable provisions of authorized to prescribe or administer a controlled substance, this chapter for the sole purpose of being authorized to pur- other than a pharmacy, to an ultimate user, a substance chase, possess, and administer sodium pentobarbital to euth- included in Schedule III, IV, or V, which is a prescription anize injured, sick, homeless, or unwanted domestic pets and drug as determined under RCW 69.04.560, may not be dis- animals. Any agency so registered shall not permit a person pensed without a written, oral, or electronically communi- to administer sodium pentobarbital unless such person has 2014 [Title 69 RCW—page 83] 69.50.311 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons demonstrated adequate knowledge of the potential hazards pharmacist in charge shall establish or verify the existence of and proper techniques to be used in administering this drug. policies and procedures which ensure the integrity and confi- The department may issue a limited registration to carry dentiality of prescription information transmitted to the phar- out the provisions of this section. The commission shall pro- macy by electronic means. All managers, employees, and mulgate such rules as it deems necessary to insure strict com- agents of the pharmacy are required to read, sign, and comply pliance with the provisions of this section. The commission with the established policies and procedures; and may suspend or revoke registration upon determination that (f) The pharmacist shall exercise professional judgment the person administering sodium pentobarbital has not dem- regarding the accuracy, validity, and authenticity of the pre- onstrated adequate knowledge as herein provided. This scription drug order received by way of electronic transmis- authority is granted in addition to any other power to suspend sion, consistent with federal and state laws and rules and or revoke registration as provided by law. [2013 c 19 § 104; guidelines of the commission. 1989 1st ex.s. c 9 § 435; 1977 ex.s. c 197 § 1.] (2) The commission may adopt rules implementing this Additional notes found at www.leg.wa.gov section. [2013 c 276 § 4; 2013 c 19 § 105; 1998 c 222 § 4.] Reviser's note: This section was amended by 2013 c 19 § 105 and by

69.50.311 Triplicate prescription form program—Compliance by health care practitioners. 69.50.311 Triplicate prescription form program— 2013 c 276 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For Compliance by health care practitioners. Any licensed rule of construction, see RCW 1.12.025(1). health care practitioner with prescription or dispensing

69.50.315 Medical assistance—Drug-related overdose—Naloxone—Prosecution for possession. authority shall, as a condition of licensure and as directed by 69.50.315 Medical assistance—Drug-related over- the practitioner's disciplinary board, consent to the require- dose—Naloxone—Prosecution for possession. (1)(a) A ment, if imposed, of complying with a triplicate prescription person acting in good faith who seeks medical assistance for form program as may be established by rule by the depart- someone experiencing a drug-related overdose shall not be ment of health. [1989 1st ex.s. c 9 § 436; 1984 c 153 § 20.] charged or prosecuted for possession of a controlled sub- Additional notes found at www.leg.wa.gov stance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of posses- 69.50.312 Electronic communication of prescription information—Commission may adopt rules. 69.50.312 Electronic communication of prescription sion of a controlled substance was obtained as a result of the information—Commission may adopt rules. (1) Informa- person seeking medical assistance. tion concerning a prescription for a controlled substance (b) A person acting in good faith may receive a naloxone included in Schedules II through V, or information concern- prescription, possess naloxone, and administer naloxone to ing a refill authorization for a controlled substance included an individual suffering from an apparent opiate-related over- in Schedules III through V[,] may be electronically commu- dose. nicated to a pharmacy of the patient's choice pursuant to the (2) A person who experiences a drug-related overdose provisions of this chapter if the electronically communicated and is in need of medical assistance shall not be charged or prescription information complies with the following: prosecuted for possession of a controlled substance pursuant (a) Electronically communicated prescription informa- to RCW 69.50.4013, or penalized under RCW 69.50.4014, if tion must comply with all applicable statutes and rules the evidence for the charge of possession of a controlled sub- regarding the form, content, recordkeeping, and processing stance was obtained as a result of the overdose and the need of a prescription for a legend drug; for medical assistance. (b) The system used for transmitting electronically com- (3) The protection in this section from prosecution for municated prescription information must be approved by the possession crimes under RCW 69.50.4013 shall not be commission and in accordance with federal rules for elec- grounds for suppression of evidence in other criminal tronically communicated prescriptions for controlled sub- charges. [2010 c 9 § 2.] stance[s] included in Schedules II through V, as set forth in Intent—2010 c 9: "The legislature intends to save lives by increasing Title 21 C.F.R. Parts 1300, 1304, 1306, and 1311. This sub- timely medical attention to drug overdose victims through the establishment section does not apply to currently used facsimile equipment of limited immunity from prosecution for people who seek medical assis- transmitting an exact visual image of the prescription. The tance in a drug overdose situation. Drug overdose is the leading cause of commission shall maintain and provide, upon request, a list unintentional injury death in Washington state, ahead of motor vehicle- related deaths. Washington state is one of sixteen states in which drug over- of systems used for electronically communicating prescrip- doses cause more deaths than traffic accidents. Drug overdose mortality rates tion information currently approved by the commission; have increased significantly since the 1990s, according to the centers for dis- (c) An explicit opportunity for practitioners must be ease control and prevention, and illegal and prescription drug overdoses made to indicate their preference on whether a therapeuti- killed more than thirty-eight thousand people nationwide in 2006, the last year for which firm data is available. The Washington state department of cally equivalent generic drug may be substituted; health reports that in 1999 unintentional drug poisoning was responsible for (d) Prescription drug orders are confidential health infor- four hundred three deaths in this state; in 2007, the number had increased to mation, and may be released only to the patient or the seven hundred sixty-one, compared with six hundred ten motor vehicle- patient's authorized representative, the prescriber or other related deaths that same year. Many drug overdose fatalities occur because peers delay or forego calling 911 for fear of arrest or police involvement, authorized practitioner then caring for the patient, or other which researchers continually identify as the most significant barrier to the persons specifically authorized by law to receive such infor- ideal first response of calling emergency services." [2010 c 9 § 1.] mation; 69.50.320 Registration of department of fish and wildlife for use in chemical capture programs—Rules. (e) To maintain confidentiality of prescription records, 69.50.320 Registration of department of fish and the electronic system shall have adequate security and sys- wildlife for use in chemical capture programs—Rules. tems safeguards designed to prevent and detect unauthorized The department of fish and wildlife may apply to the depart- access, modification, or manipulation of these records. The ment of health for registration pursuant to the applicable pro- [Title 69 RCW—page 84] 2014 Uniform Controlled Substances Act 69.50.331 visions of this chapter to purchase, possess, and administer licensed marijuana processor, shall not be a criminal or civil controlled substances for use in chemical capture programs. offense under Washington state law. Every marijuana proces- The department of fish and wildlife must not permit a person sor's license shall be issued in the name of the applicant, shall to administer controlled substances unless the person has specify the location at which the licensee intends to operate, demonstrated adequate knowledge of the potential hazards which must be within the state of Washington, and the holder and proper techniques to be used in administering controlled thereof shall not allow any other person to use the license. substances. The application fee for a marijuana processor's license shall The department of health may issue a limited registration be two hundred fifty dollars. The annual fee for issuance and to carry out the provisions of this section. The commission renewal of a marijuana processor's license shall be one thou- may adopt rules to ensure strict compliance with the provi- sand dollars. A separate license shall be required for each sions of this section. The commission, in consultation with location at which a marijuana processor intends to process the department of fish and wildlife, must by rule add or marijuana. remove additional controlled substances for use in chemical (3) There shall be a marijuana retailer's license to sell capture programs. The commission shall suspend or revoke marijuana concentrates, useable marijuana, and marijuana- registration upon determination that the person administering infused products at retail in retail outlets, regulated by the controlled substances has not demonstrated adequate knowl- state liquor control board and subject to annual renewal. The edge as required by this section. This authority is granted in possession, delivery, distribution, and sale of marijuana con- addition to any other power to suspend or revoke registration centrates, useable marijuana, and marijuana-infused products as provided by law. [2013 c 19 § 106; 2003 c 175 § 2.] in accordance with the provisions of chapter 3, Laws of 2013 Findings—2003 c 175: "The legislature finds that the department of and the rules adopted to implement and enforce it, by a val- fish and wildlife is responsible for the proper management of the state's idly licensed marijuana retailer, shall not be a criminal or diverse wildlife resources. Wildlife management often requires the depart- civil offense under Washington state law. Every marijuana ment of fish and wildlife to immobilize individual animals in order for the retailer's license shall be issued in the name of the applicant, animals to be moved, treated, examined, or for other legitimate purposes. The legislature finds that it is often necessary for the department to use cer- shall specify the location of the retail outlet the licensee tain controlled substances to accomplish these purposes. Therefore, the leg- intends to operate, which must be within the state of Wash- islature finds that the department of fish and wildlife, in coordination with ington, and the holder thereof shall not allow any other per- the *board of pharmacy, must be enabled to use approved controlled sub- son to use the license. The application fee for a marijuana stances in order to accomplish its legitimate wildlife management goals." [2003 c 175 § 1.] retailer's license shall be two hundred fifty dollars. The *Reviser's note: Chapter 19, Laws of 2013 changed "board of phar- annual fee for issuance and renewal of a marijuana retailer's macy" to "pharmacy quality assurance commission." license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana retailer 69.50.325 Marijuana producer's license. Marijuana producer's license. (1) There intends to sell marijuana concentrates, useable marijuana, shall be a marijuana producer's license to produce marijuana and marijuana-infused products. [2014 c 192 § 2; 2013 c 3 § for sale at wholesale to marijuana processors and other mari- 4 (Initiative Measure No. 502, approved November 6, 2012).] juana producers, regulated by the state liquor control board Intent—2013 c 3 (Initiative Measure No. 502): See note following and subject to annual renewal. The production, possession, RCW 69.50.101. delivery, distribution, and sale of marijuana in accordance 69.50.328 Marijuana producers, processors—No direct or indirect financial interest in licensed marijuana retailers. with the provisions of chapter 3, Laws of 2013 and the rules 69.50.328 Marijuana producers, processors—No adopted to implement and enforce it, by a validly licensed direct or indirect financial interest in licensed marijuana marijuana producer, shall not be a criminal or civil offense retailers. Neither a licensed marijuana producer nor a under Washington state law. Every marijuana producer's licensed marijuana processor shall have a direct or indirect license shall be issued in the name of the applicant, shall financial interest in a licensed marijuana retailer. [2013 c 3 § specify the location at which the marijuana producer intends 5 (Initiative Measure No. 502, approved November 6, 2012).] to operate, which must be within the state of Washington, and Intent—2013 c 3 (Initiative Measure No. 502): See note following the holder thereof shall not allow any other person to use the RCW 69.50.101. license. The application fee for a marijuana producer's

69.50.331 Application for license. license shall be two hundred fifty dollars. The annual fee for 69.50.331 Application for license. (1) For the purpose issuance and renewal of a marijuana producer's license shall of considering any application for a license to produce, pro- be one thousand dollars. A separate license shall be required cess, or sell marijuana, or for the renewal of a license to pro- for each location at which a marijuana producer intends to duce, process, or sell marijuana, the state liquor control board produce marijuana. may cause an inspection of the premises to be made, and may (2) There shall be a marijuana processor's license to pro- inquire into all matters in connection with the construction cess, package, and label marijuana concentrates, useable and operation of the premises. For the purpose of reviewing marijuana, and marijuana-infused products for sale at whole- any application for a license and for considering the denial, sale to marijuana processors and marijuana retailers, regu- suspension, revocation, or renewal or denial thereof, of any lated by the state liquor control board and subject to annual license, the state liquor control board may consider any prior renewal. The processing, packaging, possession, delivery, criminal conduct of the applicant including an administrative distribution, and sale of marijuana, useable marijuana, mari- violation history record with the state liquor control board juana-infused products, and marijuana concentrates in accor- and a criminal history record information check. The state dance with the provisions of chapter 3, Laws of 2013 and the liquor control board may submit the criminal history record rules adopted to implement and enforce it, by a validly information check to the Washington state patrol and to the 2014 [Title 69 RCW—page 85] 69.50.331 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons identification division of the federal bureau of investigation (e) In case of disobedience of any person to comply with in order that these agencies may search their records for prior the order of the state liquor control board or a subpoena arrests and convictions of the individual or individuals who issued by the state liquor control board, or any of its mem- filled out the forms. The state liquor control board shall bers, or administrative law judges, or on the refusal of a wit- require fingerprinting of any applicant whose criminal his- ness to testify to any matter regarding which he or she may be tory record information check is submitted to the federal lawfully interrogated, the judge of the superior court of the bureau of investigation. The provisions of RCW 9.95.240 and county in which the person resides, on application of any of chapter 9.96A RCW shall not apply to these cases. Subject member of the board or administrative law judge, shall com- to the provisions of this section, the state liquor control board pel obedience by contempt proceedings, as in the case of dis- may, in its discretion, grant or deny the renewal or license obedience of the requirements of a subpoena issued from said applied for. Denial may be based on, without limitation, the court or a refusal to testify therein. existence of chronic illegal activity documented in objections (3) Upon receipt of notice of the suspension or cancella- submitted pursuant to subsections (7)(c) and (9) of this section of a license, the licensee shall forthwith deliver up the tion. Authority to approve an uncontested or unopposed license to the state liquor control board. Where the license license may be granted by the state liquor control board to has been suspended only, the state liquor control board shall any staff member the board designates in writing. Conditions return the license to the licensee at the expiration or termina- for granting this authority shall be adopted by rule. No tion of the period of suspension. The state liquor control license of any kind may be issued to: board shall notify all other licensees in the county where the (a) A person under the age of twenty-one years; subject licensee has its premises of the suspension or cancel- (b) A person doing business as a sole proprietor who has lation of the license; and no other licensee or employee of not lawfully resided in the state for at least three months prior another licensee may allow or cause any marijuana, useable to applying to receive a license; marijuana, or marijuana-infused products to be delivered to (c) A partnership, employee cooperative, association, or for any person at the premises of the subject licensee. nonprofit corporation, or corporation unless formed under the (4) Every license issued under chapter 3, Laws of 2013 laws of this state, and unless all of the members thereof are shall be subject to all conditions and restrictions imposed by qualified to obtain a license as provided in this section; or chapter 3, Laws of 2013 or by rules adopted by the state liquor control board to implement and enforce chapter 3, (d) A person whose place of business is conducted by a Laws of 2013. All conditions and restrictions imposed by the manager or agent, unless the manager or agent possesses the state liquor control board in the issuance of an individual same qualifications required of the licensee. license shall be listed on the face of the individual license (2)(a) The state liquor control board may, in its discre- along with the trade name, address, and expiration date. tion, subject to the provisions of RCW 69.50.334, suspend or (5) Every licensee shall post and keep posted its license, cancel any license; and all protections of the licensee from or licenses, in a conspicuous place on the premises. criminal or civil sanctions under state law for producing, pro- (6) No licensee shall employ any person under the age of cessing, or selling marijuana, useable marijuana, or mari- twenty-one years. juana-infused products thereunder shall be suspended or ter- (7)(a) Before the state liquor control board issues a new minated, as the case may be. or renewed license to an applicant it shall give notice of the (b) The state liquor control board shall immediately sus- application to the chief executive officer of the incorporated pend the license of a person who has been certified pursuant city or town, if the application is for a license within an incor- to RCW 74.20A.320 by the department of social and health porated city or town, or to the county legislative authority, if services as a person who is not in compliance with a support the application is for a license outside the boundaries of order. If the person has continued to meet all other require- incorporated cities or towns. ments for reinstatement during the suspension, reissuance of (b) The incorporated city or town through the official or the license shall be automatic upon the state liquor control employee selected by it, or the county legislative authority or board's receipt of a release issued by the department of social the official or employee selected by it, shall have the right to and health services stating that the licensee is in compliance file with the state liquor control board within twenty days with the order. after the date of transmittal of the notice for applications, or (c) The state liquor control board may request the at least thirty days prior to the expiration date for renewals, appointment of administrative law judges under chapter written objections against the applicant or against the prem- 34.12 RCW who shall have power to administer oaths, issue ises for which the new or renewed license is asked. The state subpoenas for the attendance of witnesses and the production liquor control board may extend the time period for submit- of papers, books, accounts, documents, and testimony, exam- ting written objections. ine witnesses, and to receive testimony in any inquiry, inves- (c) The written objections shall include a statement of all tigation, hearing, or proceeding in any part of the state, under facts upon which the objections are based, and in case written rules and regulations the state liquor control board may objections are filed, the city or town or county legislative adopt. authority may request, and the state liquor control board may (d) Witnesses shall be allowed fees and mileage each in its discretion hold, a hearing subject to the applicable pro- way to and from any inquiry, investigation, hearing, or provisions of Title 34 RCW. If the state liquor control board ceeding at the rate authorized by RCW 34.05.446. Fees need makes an initial decision to deny a license or renewal based not be paid in advance of appearance of witnesses to testify or on the written objections of an incorporated city or town or to produce books, records, or other legal evidence. county legislative authority, the applicant may request a hear- [Title 69 RCW—page 86] 2014 Uniform Controlled Substances Act 69.50.342 ing subject to the applicable provisions of Title 34 RCW. If a (3) No hearing shall be required until demanded by the hearing is held at the request of the applicant, state liquor applicant or licensee. control board representatives shall present and defend the (4) The state liquor control board may summarily sus- state liquor control board's initial decision to deny a license or pend a license for a period of up to one hundred eighty days renewal. without a prior hearing if it finds that public health, safety, or (d) Upon the granting of a license under this title the state welfare imperatively require emergency action, and it incor- liquor control board shall send written notification to the porates a finding to that effect in its order. Proceedings for chief executive officer of the incorporated city or town in revocation or other action must be promptly instituted and which the license is granted, or to the county legislative determined. An administrative law judge may extend the authority if the license is granted outside the boundaries of summary suspension period for up to one calendar year from incorporated cities or towns. the first day of the initial summary suspension in the event (8) The state liquor control board shall not issue a license the proceedings for revocation or other action cannot be com- for any premises within one thousand feet of the perimeter of pleted during the initial one hundred eighty-day period due to the grounds of any elementary or secondary school, play- actions by the licensee. The state liquor control board's ground, recreation center or facility, child care center, public enforcement division shall complete a preliminary staff park, public transit center, or library, or any game arcade investigation of the violation before requesting an emergency admission to which is not restricted to persons aged twenty- suspension by the state liquor control board. [2013 c 3 § 7 one years or older. (Initiative Measure No. 502, approved November 6, 2012).] (9) In determining whether to grant or deny a license or Intent—2013 c 3 (Initiative Measure No. 502): See note following renewal of any license, the state liquor control board shall RCW 69.50.101. give substantial weight to objections from an incorporated city or town or county legislative authority based upon 69.50.339 Transfer of license to produce, process, or sellTransfer marijuana—Reporting of proposed sales of outstanding of or issued license stock of a corporation. to produce, process, or chronic illegal activity associated with the applicant's opera- sell marijuana—Reporting of proposed sales of outstand- tions of the premises proposed to be licensed or the appli- ing or issued stock of a corporation. (1) If the state liquor cant's operation of any other licensed premises, or the con- control board approves, a license to produce, process, or sell duct of the applicant's patrons inside or outside the licensed marijuana may be transferred, without charge, to the surviv- premises. "Chronic illegal activity" means (a) a pervasive ing spouse or domestic partner of a deceased licensee if the pattern of activity that threatens the public health, safety, and license was issued in the names of one or both of the parties. welfare of the city, town, or county including, but not limited For the purpose of considering the qualifications of the sur- to, open container violations, assaults, disturbances, disor- viving party to receive a marijuana producer's, marijuana derly conduct, or other criminal law violations, or as docu- processor's, or marijuana retailer's license, the state liquor mented in crime statistics, police reports, emergency medical control board may require a criminal history record informa- response data, calls for service, field data, or similar records tion check. The state liquor control board may submit the of a law enforcement agency for the city, town, county, or criminal history record information check to the Washington any other municipal corporation or any state agency; or (b) an state patrol and to the identification division of the federal unreasonably high number of citations for violations of RCW bureau of investigation in order that these agencies may 46.61.502 associated with the applicant's or licensee's opera- search their records for prior arrests and convictions of the tion of any licensed premises as indicated by the reported individual or individuals who filled out the forms. The state statements given to law enforcement upon arrest. [2013 c 3 § liquor control board shall require fingerprinting of any appli- 6 (Initiative Measure No. 502, approved November 6, 2012).] cant whose criminal history record information check is sub- Intent—2013 c 3 (Initiative Measure No. 502): See note following mitted to the federal bureau of investigation. RCW 69.50.101. (2) The proposed sale of more than ten percent of the outstanding or issued stock of a corporation licensed under 69.50.334 Denial of application—Opportunity for hearing. Denial of application—Opportunity for chapter 3, Laws of 2013, or any proposed change in the offi- hearing. The action, order, or decision of the state liquor cers of such a corporation, must be reported to the state liquor control board as to any denial of an application for the reissu- control board, and state liquor control board approval must be ance of a license to produce, process, or sell marijuana, or as obtained before the changes are made. A fee of seventy-five to any revocation, suspension, or modification of any license dollars will be charged for the processing of the change of to produce, process, or sell marijuana, shall be an adjudica- stock ownership or corporate officers. [2013 c 3 § 8 (Initia- tive proceeding and subject to the applicable provisions of tive Measure No. 502, approved November 6, 2012).] chapter 34.05 RCW. Intent—2013 c 3 (Initiative Measure No. 502): See note following (1) An opportunity for a hearing may be provided to an RCW 69.50.101. applicant for the reissuance of a license prior to the disposition of the application, and if no opportunity for a prior hear- 69.50.342 State liquor control board may adopt rules. State liquor control board may adopt ing is provided then an opportunity for a hearing to recon- rules. For the purpose of carrying into effect the provisions sider the application must be provided the applicant. of chapter 3, Laws of 2013 according to their true intent or of (2) An opportunity for a hearing must be provided to a supplying any deficiency therein, the state liquor control licensee prior to a revocation or modification of any license board may adopt rules not inconsistent with the spirit of chap- and, except as provided in subsection (4) of this section, prior ter 3, Laws of 2013 as are deemed necessary or advisable. to the suspension of any license. Without limiting the generality of the preceding sentence, the 2014 [Title 69 RCW—page 87] 69.50.345 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons state liquor control board is empowered to adopt rules regard- cal use of cannabis act, chapter 69.51A RCW. [2013 c 3 § 9 ing the following: (Initiative Measure No. 502, approved November 6, 2012).] (1) The equipment and management of retail outlets and Intent—2013 c 3 (Initiative Measure No. 502): See note following premises where marijuana is produced or processed, and RCW 69.50.101. inspection of the retail outlets and premises; 69.50.345 State liquor control board—Rules—Procedures and criteria. (2) The books and records to be created and maintained 69.50.345 State liquor control board—Rules—Pro- by licensees, the reports to be made thereon to the state liquor cedures and criteria. The state liquor control board, subject control board, and inspection of the books and records; to the provisions of chapter 3, Laws of 2013, must adopt rules (3) Methods of producing, processing, and packaging by December 1, 2013, that establish the procedures and crite- marijuana, useable marijuana, and marijuana-infused prod- ria necessary to implement the following: ucts; conditions of sanitation; and standards of ingredients, (1) Licensing of marijuana producers, marijuana proces- quality, and identity of marijuana, useable marijuana, and sors, and marijuana retailers, including prescribing forms and marijuana-infused products produced, processed, packaged, establishing application, reinstatement, and renewal fees; or sold by licensees; (2) Determining, in consultation with the office of finan- (4) Security requirements for retail outlets and premises cial management, the maximum number of retail outlets that where marijuana is produced or processed, and safety proto- may be licensed in each county, taking into consideration: cols for licensees and their employees; (a) Population distribution; (5) Screening, hiring, training, and supervising employ- (b) Security and safety issues; and ees of licensees; (c) The provision of adequate access to licensed sources (6) Retail outlet locations and hours of operation; of useable marijuana and marijuana-infused products to dis- (7) Labeling requirements and restrictions on advertise- courage purchases from the illegal market; ment of marijuana, useable marijuana, and marijuana-infused (3) Determining the maximum quantity of marijuana a products; marijuana producer may have on the premises of a licensed (8) Forms to be used for purposes of chapter 3, Laws of location at any time without violating Washington state law; 2013 or the rules adopted to implement and enforce it, the (4) Determining the maximum quantities of marijuana, terms and conditions to be contained in licenses issued under useable marijuana, and marijuana-infused products a mari- chapter 3, Laws of 2013, and the qualifications for receiving juana processor may have on the premises of a licensed loca- a license issued under chapter 3, Laws of 2013, including a tion at any time without violating Washington state law; criminal history record information check. The state liquor (5) Determining the maximum quantities of useable mar- control board may submit any criminal history record infor- ijuana and marijuana-infused products a marijuana retailer mation check to the Washington state patrol and to the iden- may have on the premises of a retail outlet at any time with- tification division of the federal bureau of investigation in out violating Washington state law; order that these agencies may search their records for prior (6) In making the determinations required by subsections arrests and convictions of the individual or individuals who (3) through (5) of this section, the state liquor control board filled out the forms. The state liquor control board shall shall take into consideration: require fingerprinting of any applicant whose criminal his- (a) Security and safety issues; tory record information check is submitted to the federal (b) The provision of adequate access to licensed sources bureau of investigation; of marijuana, useable marijuana, and marijuana-infused (9) Application, reinstatement, and renewal fees for products to discourage purchases from the illegal market; and licenses issued under chapter 3, Laws of 2013, and fees for (c) Economies of scale, and their impact on licensees' anything done or permitted to be done under the rules ability to both comply with regulatory requirements and adopted to implement and enforce chapter 3, Laws of 2013; undercut illegal market prices; (10) The manner of giving and serving notices required (7) Determining the nature, form, and capacity of all by chapter 3, Laws of 2013 or rules adopted to implement or containers to be used by licensees to contain marijuana, use- enforce it; able marijuana, and marijuana-infused products, and their (11) Times and periods when, and the manner, methods, labeling requirements, to include but not be limited to: and means by which, licensees shall transport and deliver (a) The business or trade name and Washington state marijuana, useable marijuana, and marijuana-infused prod- unified business identifier number of the licensees that grew, ucts within the state; processed, and sold the marijuana, useable marijuana, or mar- (12) Identification, seizure, confiscation, destruction, or ijuana-infused product; donation to law enforcement for training purposes of all mar- (b) Lot numbers of the marijuana, useable marijuana, or ijuana, useable marijuana, and marijuana-infused products marijuana-infused product; produced, processed, sold, or offered for sale within this state (c) THC concentration of the marijuana, useable mari- which do not conform in all respects to the standards pre- juana, or marijuana-infused product; scribed by chapter 3, Laws of 2013 or the rules adopted to (d) Medically and scientifically accurate information implement and enforce it: PROVIDED, That nothing in chap- about the health and safety risks posed by marijuana use; and ter 3, Laws of 2013 shall be construed as authorizing the state (e) Language required by RCW 69.04.480; liquor control board to seize, confiscate, destroy, or donate to (8) In consultation with the department of agriculture, law enforcement marijuana, useable marijuana, or marijuana- establishing classes of marijuana, useable marijuana, and infused products produced, processed, sold, offered for sale, marijuana-infused products according to grade, condition, or possessed in compliance with the Washington state medi- cannabinoid profile, THC concentration, or other qualitative [Title 69 RCW—page 88] 2014 Uniform Controlled Substances Act 69.50.357 measurements deemed appropriate by the state liquor control Intent—2013 c 3 (Initiative Measure No. 502): See note following board; RCW 69.50.101.

69.50.351 Interest—Members and employees of state liquor control board. (9) Establishing reasonable time, place, and manner 69.50.351 Interest—Members and employees of state restrictions and requirements regarding advertising of mari- liquor control board. Except as provided by chapter 42.52 juana, useable marijuana, and marijuana-infused products RCW, no member of the state liquor control board and no that are not inconsistent with the provisions of chapter 3, employee of the state liquor control board shall have any Laws of 2013, taking into consideration: interest, directly or indirectly, in the producing, processing, (a) Federal laws relating to marijuana that are applicable or sale of marijuana, useable marijuana, or marijuana-infused within Washington state; products, or derive any profit or remuneration from the sale (b) Minimizing exposure of people under twenty-one of marijuana, useable marijuana, or marijuana-infused prod- years of age to the advertising; and ucts other than the salary or wages payable to him or her in (c) The inclusion of medically and scientifically accurate respect of his or her office or position, and shall receive no information about the health and safety risks posed by mari- gratuity from any person in connection with the business. juana use in the advertising; [2013 c 3 § 12 (Initiative Measure No. 502, approved (10) Specifying and regulating the time and periods November 6, 2012).] when, and the manner, methods, and means by which, licens- Intent—2013 c 3 (Initiative Measure No. 502): See note following ees shall transport and deliver marijuana, useable marijuana, RCW 69.50.101. and marijuana-infused products within the state; 69.50.354 Retail outlet licenses. (11) In consultation with the department and the depart- 69.50.354 Retail outlet licenses. There may be ment of agriculture, establishing accreditation requirements licensed, in no greater number in each of the counties of the for testing laboratories used by licensees to demonstrate com- state than as the state liquor control board shall deem advis- pliance with standards adopted by the state liquor control able, retail outlets established for the purpose of making mar- board, and prescribing methods of producing, processing, ijuana concentrates, useable marijuana, and marijuana- and packaging marijuana, useable marijuana, and marijuana- infused products available for sale to adults aged twenty-one infused products; conditions of sanitation; and standards of and over. Retail sale of marijuana concentrates, useable mar- ingredients, quality, and identity of marijuana, useable mari- ijuana, and marijuana-infused products in accordance with juana, and marijuana-infused products produced, processed, the provisions of chapter 3, Laws of 2013 and the rules packaged, or sold by licensees; adopted to implement and enforce it, by a validly licensed (12) Specifying procedures for identifying, seizing, con- marijuana retailer or retail outlet employee, shall not be a fiscating, destroying, and donating to law enforcement for criminal or civil offense under Washington state law. [2014 training purposes all marijuana, useable marijuana, and mar- c 192 § 3; 2013 c 3 § 13 (Initiative Measure No. 502, ijuana-infused products produced, processed, packaged, approved November 6, 2012).] labeled, or offered for sale in this state that do not conform in Intent—2013 c 3 (Initiative Measure No. 502): See note following all respects to the standards prescribed by chapter 3, Laws of RCW 69.50.101.

69.50.357 Retail outlets—Rules. 2013 or the rules of the state liquor control board. [2013 c 3 69.50.357 Retail outlets—Rules. (1) Retail outlets § 10 (Initiative Measure No. 502, approved November 6, shall sell no products or services other than marijuana con- 2012).] centrates, useable marijuana, marijuana-infused products, or Intent—2013 c 3 (Initiative Measure No. 502): See note following paraphernalia intended for the storage or use of marijuana RCW 69.50.101. concentrates, useable marijuana, or marijuana-infused products. 69.50.348 Representative samples of marijuana, useable marijuana, or marijuana-infused products. 69.50.348 Representative samples of marijuana, use- (2) Licensed marijuana retailers shall not employ per- able marijuana, or marijuana-infused products. (1) On a sons under twenty-one years of age or allow persons under schedule determined by the state liquor control board, every twenty-one years of age to enter or remain on the premises of licensed marijuana producer and processor must submit rep- a retail outlet. resentative samples of marijuana, useable marijuana, or mar- (3) Licensed marijuana retailers shall not display any ijuana-infused products produced or processed by the signage in a window, on a door, or on the outside of the prem- licensee to an independent, third-party testing laboratory ises of a retail outlet that is visible to the general public from meeting the accreditation requirements established by the a public right-of-way, other than a single sign no larger than state liquor control board, for inspection and testing to certify one thousand six hundred square inches identifying the retail compliance with standards adopted by the state liquor control outlet by the licensee's business or trade name. board. Any sample remaining after testing shall be destroyed (4) Licensed marijuana retailers shall not display useable by the laboratory or returned to the licensee. marijuana or marijuana-infused products in a manner that is (2) Licensees must submit the results of this inspection visible to the general public from a public right-of-way. and testing to the state liquor control board on a form devel- (5) No licensed marijuana retailer or employee of a retail oped by the state liquor control board. outlet shall open or consume, or allow to be opened or con- (3) If a representative sample inspected and tested under sumed, any marijuana concentrates, useable marijuana, or this section does not meet the applicable standards adopted marijuana-infused product on the outlet premises. by the state liquor control board, the entire lot from which the (6) The state liquor control board shall fine a licensee sample was taken must be destroyed. [2013 c 3 § 11 (Initia- one thousand dollars for each violation of any subsection of tive Measure No. 502, approved November 6, 2012).] this section. Fines collected under this section must be depos- 2014 [Title 69 RCW—page 89] 69.50.360 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.50.366 Marijuana producers, employees—Certain acts not criminal or civil offenses. ited into the dedicated marijuana fund created under RCW 69.50.366 Marijuana producers, employees—Cer- 69.50.530. [2014 c 192 § 4; 2013 c 3 § 14 (Initiative Measure tain acts not criminal or civil offenses. The following acts, No. 502, approved November 6, 2012).] when performed by a validly licensed marijuana producer or employee of a validly licensed marijuana producer in compli- Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101. ance with rules adopted by the state liquor control board to implement and enforce chapter 3, Laws of 2013, shall not 69.50.360 Marijuana retailers, employees of retail outlets—Certain Marijuana acts not criminal or civil offenses. retailers, employees of retail constitute criminal or civil offenses under Washington state outlets—Certain acts not criminal or civil offenses. The law: following acts, when performed by a validly licensed mari- (1) Production or possession of quantities of marijuana juana retailer or employee of a validly licensed retail outlet in that do not exceed the maximum amounts established by the compliance with rules adopted by the state liquor control state liquor control board under RCW 69.50.345(3); and board to implement and enforce chapter 3, Laws of 2013, (2) Delivery, distribution, and sale of marijuana to a mar- shall not constitute criminal or civil offenses under Washing- ijuana processor or another marijuana producer validly ton state law: licensed under chapter 3, Laws of 2013. [2013 c 3 § 17 (Ini- (1) Purchase and receipt of marijuana concentrates, use- tiative Measure No. 502, approved November 6, 2012).] able marijuana, or marijuana-infused products that have been Intent—2013 c 3 (Initiative Measure No. 502): See note following properly packaged and labeled from a marijuana processor RCW 69.50.101. validly licensed under chapter 3, Laws of 2013; 69.50.369 Marijuana producers, processors, retailers—Advertisements—Penalty. 69.50.369 Marijuana producers, processors, retail- (2) Possession of quantities of marijuana concentrates, ers—Advertisements—Penalty. (1) No licensed marijuana useable marijuana, or marijuana-infused products that do not producer, processor, or retailer shall place or maintain, or exceed the maximum amounts established by the state liquor cause to be placed or maintained, an advertisement of mari- control board under RCW 69.50.345(5); and juana, useable marijuana, or a marijuana-infused product in (3) Delivery, distribution, and sale, on the premises of any form or through any medium whatsoever: the retail outlet, of any combination of the following amounts (a) Within one thousand feet of the perimeter of a school of marijuana concentrates, useable marijuana, or marijuana- grounds, playground, recreation center or facility, child care infused product to any person twenty-one years of age or center, public park, or library, or any game arcade admission older: to which is not restricted to persons aged twenty-one years or (a) One ounce of useable marijuana; older; (b) Sixteen ounces of marijuana-infused product in solid (b) On or in a public transit vehicle or public transit shel- form; ter; or (c) Seventy-two ounces of marijuana-infused product in (c) On or in a publicly owned or operated property. liquid form; or (2) Merchandising within a retail outlet is not advertising (d) Seven grams of marijuana concentrate. [2014 c 192 for the purposes of this section. § 5; 2013 c 3 § 15 (Initiative Measure No. 502, approved (3) This section does not apply to a noncommercial mes- November 6, 2012).] sage. Intent—2013 c 3 (Initiative Measure No. 502): See note following (4) The state liquor control board shall fine a licensee RCW 69.50.101. one thousand dollars for each violation of subsection (1) of this section. Fines collected under this subsection must be 69.50.363 Marijuana processors, employees—Certain acts not criminal or civil offenses. 69.50.363 Marijuana processors, employees—Cer- deposited into the dedicated marijuana fund created under tain acts not criminal or civil offenses. The following acts, RCW 69.50.530. [2013 c 3 § 18 (Initiative Measure No. 502, when performed by a validly licensed marijuana processor or approved November 6, 2012).] employee of a validly licensed marijuana processor in com- Intent—2013 c 3 (Initiative Measure No. 502): See note following pliance with rules adopted by the state liquor control board to RCW 69.50.101. implement and enforce chapter 3, Laws of 2013, shall not constitute criminal or civil offenses under Washington state ARTICLE IV law: OFFENSES AND PENALTIES (1) Purchase and receipt of marijuana that has been prop-

69.50.401 Prohibited acts: A—Penalties. erly packaged and labeled from a marijuana producer validly 69.50.401 Prohibited acts: A—Penalties. (1) Except licensed under chapter 3, Laws of 2013; as authorized by this chapter, it is unlawful for any person to (2) Possession, processing, packaging, and labeling of manufacture, deliver, or possess with intent to manufacture quantities of marijuana, useable marijuana, and marijuana- or deliver, a controlled substance. infused products that do not exceed the maximum amounts (2) Any person who violates this section with respect to: established by the state liquor control board under RCW (a) A controlled substance classified in Schedule I or II 69.50.345(4); and which is a narcotic drug or flunitrazepam, including its salts, (3) Delivery, distribution, and sale of useable marijuana isomers, and salts of isomers, classified in Schedule IV, is or marijuana-infused products to a marijuana retailer validly guilty of a class B felony and upon conviction may be impris- licensed under chapter 3, Laws of 2013. [2013 c 3 § 16 (Ini- oned for not more than ten years, or (i) fined not more than tiative Measure No. 502, approved November 6, 2012).] twenty-five thousand dollars if the crime involved less than Intent—2013 c 3 (Initiative Measure No. 502): See note following two kilograms of the drug, or both such imprisonment and RCW 69.50.101. fine; or (ii) if the crime involved two or more kilograms of the [Title 69 RCW—page 90] 2014 Uniform Controlled Substances Act 69.50.4015 drug, then fined not more than one hundred thousand dollars (c) Any other counterfeit substance classified in Sched- for the first two kilograms and not more than fifty dollars for ule I, II, or III, is guilty of a class C felony punishable accord- each gram in excess of two kilograms, or both such imprison- ing to chapter 9A.20 RCW; ment and fine; (d) A counterfeit substance classified in Schedule IV, (b) Amphetamine, including its salts, isomers, and salts except flunitrazepam, is guilty of a class C felony punishable of isomers, or methamphetamine, including its salts, isomers, according to chapter 9A.20 RCW; and salts of isomers, is guilty of a class B felony and upon (e) A counterfeit substance classified in Schedule V, is conviction may be imprisoned for not more than ten years, or guilty of a class C felony punishable according to chapter (i) fined not more than twenty-five thousand dollars if the 9A.20 RCW. [2003 c 53 § 332.] crime involved less than two kilograms of the drug, or both Intent—Effective date—2003 c 53: See notes following RCW such imprisonment and fine; or (ii) if the crime involved two 2.48.180. or more kilograms of the drug, then fined not more than one

69.50.4012 Delivery of substance in lieu of controlled substance—Penalty. hundred thousand dollars for the first two kilograms and not 69.50.4012 Delivery of substance in lieu of controlled more than fifty dollars for each gram in excess of two kilo- substance—Penalty. (1) It is unlawful, except as authorized grams, or both such imprisonment and fine. Three thousand in this chapter and chapter 69.41 RCW, for any person to dollars of the fine may not be suspended. As collected, the offer, arrange, or negotiate for the sale, gift, delivery, dis- first three thousand dollars of the fine must be deposited with pensing, distribution, or administration of a controlled sub- the law enforcement agency having responsibility for cleanup stance to any person and then sell, give, deliver, dispense, of laboratories, sites, or substances used in the manufacture distribute, or administer to that person any other liquid, sub- of the methamphetamine, including its salts, isomers, and stance, or material in lieu of such controlled substance. salts of isomers. The fine moneys deposited with that law (2) Any person who violates this section is guilty of a enforcement agency must be used for such clean-up cost; class C felony punishable according to chapter 9A.20 RCW. (c) Any other controlled substance classified in Schedule [2003 c 53 § 333.] I, II, or III, is guilty of a class C felony punishable according Intent—Effective date—2003 c 53: See notes following RCW to chapter 9A.20 RCW; 2.48.180. (d) A substance classified in Schedule IV, except fluni-

69.50.4013 Possession of controlled substance—Penalty—Possession of useable marijuana or marijuana-infused products. trazepam, including its salts, isomers, and salts of isomers, is 69.50.4013 Possession of controlled substance—Pen- guilty of a class C felony punishable according to chapter alty—Possession of useable marijuana or marijuana- 9A.20 RCW; or infused products. (1) It is unlawful for any person to pos- (e) A substance classified in Schedule V, is guilty of a sess a controlled substance unless the substance was obtained class C felony punishable according to chapter 9A.20 RCW. directly from, or pursuant to, a valid prescription or order of (3) The production, manufacture, processing, packaging, a practitioner while acting in the course of his or her profes- delivery, distribution, sale, or possession of marijuana in sional practice, or except as otherwise authorized by this compliance with the terms set forth in RCW 69.50.360, chapter. 69.50.363, or 69.50.366 shall not constitute a violation of this (2) Except as provided in RCW 69.50.4014, any person section, this chapter, or any other provision of Washington who violates this section is guilty of a class C felony punish- state law. [2013 c 3 § 19 (Initiative Measure No. 502, able under chapter 9A.20 RCW. approved November 6, 2012); 2005 c 218 § 1; 2003 c 53 § (3) The possession, by a person twenty-one years of age 331. Prior: 1998 c 290 § 1; 1998 c 82 § 2; 1997 c 71 § 2; 1996 or older, of useable marijuana or marijuana-infused products c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4; 1979 c 67 § 1; in amounts that do not exceed those set forth in RCW 1973 2nd ex.s. c 2 § 1; 1971 ex.s. c 308 § 69.50.401.] 69.50.360(3) is not a violation of this section, this chapter, or Intent—2013 c 3 (Initiative Measure No. 502): See note following any other provision of Washington state law. [2013 c 3 § 20 RCW 69.50.101. (Initiative Measure No. 502, approved November 6, 2012); Intent—Effective date—2003 c 53: See notes following RCW 2003 c 53 § 334.] 2.48.180. Intent—2013 c 3 (Initiative Measure No. 502): See note following Serious drug offenders, notice of release or escape: RCW 72.09.710. RCW 69.50.101. Additional notes found at www.leg.wa.gov Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

69.50.4011 Counterfeit substances—Penalties. 69.50.4011 Counterfeit substances—Penalties. (1)

69.50.4014 Possession of forty grams or less of marihuana—Penalty. Except as authorized by this chapter, it is unlawful for any 69.50.4014 Possession of forty grams or less of mari- person to create, deliver, or possess a counterfeit substance. huana—Penalty. Except as provided in RCW (2) Any person who violates this section with respect to: 69.50.401(2)(c), any person found guilty of possession of (a) A counterfeit substance classified in Schedule I or II forty grams or less of marihuana is guilty of a misdemeanor. which is a narcotic drug, or flunitrazepam classified in [2003 c 53 § 335.] Schedule IV, is guilty of a class B felony and upon conviction Intent—Effective date—2003 c 53: See notes following RCW may be imprisoned for not more than ten years, fined not 2.48.180. more than twenty-five thousand dollars, or both; 69.50.4015 Involving a person under eighteen in unlawful controlled substance transaction—Penalty. (b) A counterfeit substance which is methamphetamine, 69.50.4015 Involving a person under eighteen in is guilty of a class B felony and upon conviction may be unlawful controlled substance transaction—Penalty. (1) imprisoned for not more than ten years, fined not more than It is unlawful to compensate, threaten, solicit, or in any other twenty-five thousand dollars, or both; manner involve a person under the age of eighteen years in a 2014 [Title 69 RCW—page 91] 69.50.4016 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons transaction unlawfully to manufacture, sell, or deliver a con- (f) Knowingly to keep or maintain any store, shop, ware- trolled substance. house, dwelling, building, vehicle, boat, aircraft, or other (2) A violation of this section is a class C felony punish- structure or place, which is resorted to by persons using con- able according to chapter 9A.20 RCW. [2003 c 53 § 336.] trolled substances in violation of this chapter for the purpose Intent—Effective date—2003 c 53: See notes following RCW of using these substances, or which is used for keeping or 2.48.180. selling them in violation of this chapter. (2) Any person who violates this section is guilty of a 69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. Provisions not applicable to offenses class C felony and upon conviction may be imprisoned for under RCW 69.50.410. RCW 69.50.401 through not more than two years, fined not more than two thousand 69.50.4015 shall not apply to offenses defined and punish- dollars, or both. [2013 c 19 § 107; 2010 c 177 § 7; 2003 c 53 able under the provisions of RCW 69.50.410. [2003 c 53 § § 338; 1994 sp.s. c 9 § 740; 1980 c 138 § 6; 1979 ex.s. c 119 337.] § 1; 1971 ex.s. c 308 § 69.50.402.] Intent—Effective date—2003 c 53: See notes following RCW Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 2.48.180. Additional notes found at www.leg.wa.gov

69.50.402 Prohibited acts: B—Penalties.

69.50.402 Prohibited acts: B—Penalties. (1) It is 69.50.403 Prohibited acts: C—Penalties. 69.50.403 Prohibited acts: C—Penalties. (1) It is unlawful for any person: unlawful for any person knowingly or intentionally: (a) Who is subject to Article III to distribute or dispense (a) To distribute as a registrant a controlled substance a controlled substance in violation of RCW 69.50.308; classified in Schedules I or II, except pursuant to an order (b) Who is a registrant, to manufacture a controlled sub- form as required by *RCW 69.50.307; stance not authorized by his or her registration, or to distrib- (b) To use in the course of the manufacture, distribution, ute or dispense a controlled substance not authorized by his or dispensing of a controlled substance, or to use for the pur- or her registration to another registrant or other authorized pose of acquiring or obtaining a controlled substance, a regis- person; tration number which is fictitious, revoked, suspended, or (c) Who is a practitioner, to prescribe, order, dispense, issued to another person; administer, supply, or give to any person: (c) To obtain or attempt to obtain a controlled substance, (i) Any amphetamine, including its salts, optical isomers, or procure or attempt to procure the administration of a con- and salts of optical isomers classified as a schedule II controlled substance, (i) by fraud, deceit, misrepresentation, or trolled substance by the commission pursuant to chapter subterfuge; or (ii) by forgery or alteration of a prescription or 34.05 RCW; or any written order; or (iii) by the concealment of material fact; (ii) Any nonnarcotic stimulant classified as a schedule II or (iv) by the use of a false name or the giving of a false controlled substance and designated as a nonnarcotic stimu- address; lant by the commission pursuant to chapter 34.05 RCW; (d) To falsely assume the title of, or represent herself or except for the treatment of narcolepsy or for the treatment of himself to be, a manufacturer, wholesaler, pharmacist, physi- hyperkinesis, or for the treatment of drug-induced brain dys- cian, dentist, veterinarian, or other authorized person for the function, or for the treatment of epilepsy, or for the differen- purpose of obtaining a controlled substance; tial diagnostic psychiatric evaluation of depression, or for the (e) To make or utter any false or forged prescription or treatment of depression shown to be refractory to other ther- false or forged written order; apeutic modalities, or for the treatment of multiple sclerosis, (f) To affix any false or forged label to a package or or for the clinical investigation of the effects of such drugs or receptacle containing controlled substances; compounds, in which case an investigative protocol therefor (g) To furnish false or fraudulent material information shall have been submitted to and reviewed and approved by in, or omit any material information from, any application, the commission before the investigation has been begun: report, or other document required to be kept or filed under PROVIDED, That the commission, in consultation with the this chapter, or any record required to be kept by this chapter; medical quality assurance commission and the osteopathic (h) To possess a false or fraudulent prescription with disciplinary board, may establish by rule, pursuant to chapter intent to obtain a controlled substance; or 34.05 RCW, disease states or conditions in addition to those (i) To attempt to illegally obtain controlled substances by listed in this subsection for the treatment of which Schedule providing more than one name to a practitioner when obtain- II nonnarcotic stimulants may be prescribed, ordered, dis- ing a prescription for a controlled substance. If a person's pensed, administered, supplied, or given to patients by prac- name is legally changed during the time period that he or she titioners: AND PROVIDED, FURTHER, That investigations is receiving health care from a practitioner, the person shall by the commission of abuse of prescriptive authority by phy- inform all providers of care so that the medical and pharmacy sicians, licensed pursuant to chapter 18.71 RCW, pursuant to records for the person may be filed under a single name iden- subsection (1)(c) of this section shall be done in consultation tifier. with the medical quality assurance commission; (2) Information communicated to a practitioner in an (d) To refuse or fail to make, keep or furnish any record, effort unlawfully to procure a controlled substance or unlaw- notification, order form, statement, invoice, or information fully to procure the administration of such substance, shall required under this chapter; not be deemed a privileged communication. (e) To refuse an entry into any premises for any inspec- (3) A person who violates this section is guilty of a class tion authorized by this chapter; or C felony and upon conviction may be imprisoned for not [Title 69 RCW—page 92] 2014 Uniform Controlled Substances Act 69.50.410 more than two years, or fined not more than two thousand (3) This section does not apply to offenses under RCW dollars, or both. [2003 c 53 § 339; 1996 c 255 § 1; 1993 c 187 69.50.4013. [2003 c 53 § 341; 1989 c 8 § 3; 1971 ex.s. c 308 § 21; 1971 ex.s. c 308 § 69.50.403.] § 69.50.408.] *Reviser's note: RCW 69.50.307 was repealed by 2001 c 248 § 2. Intent—Effective date—2003 c 53: See notes following RCW Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. 2.48.180.

69.50.410 Prohibited acts: D—Penalties.

69.50.404 Penalties under other laws. 69.50.410 Prohibited acts: D—Penalties. (1) Except 69.50.404 69.50.404 Penalties under other laws. Any penalty as authorized by this chapter it is a class C felony for any per- imposed for violation of this chapter is in addition to, and not son to sell for profit any controlled substance or counterfeit in lieu of, any civil or administrative penalty or sanction oth- substance classified in Schedule I, RCW 69.50.204, except erwise authorized by law. [1971 ex.s. c 308 § 69.50.404.] leaves and flowering tops of marihuana.

69.50.405 Bar to prosecution. For the purposes of this section only, the following 69.50.405 69.50.405 Bar to prosecution. If a violation of this words and phrases shall have the following meanings: chapter is a violation of a federal law or the law of another (a) "To sell" means the passing of title and possession of state, a conviction or acquittal under federal law or the law of a controlled substance from the seller to the buyer for a price another state for the same act is a bar to prosecution in this whether or not the price is paid immediately or at a future state. [1971 ex.s. c 308 § 69.50.405.] date.

69.50.406 Distribution to persons under age eighteen. 69.50.406 Distribution to persons under age eighteen. (b) "For profit" means the obtaining of anything of value (1) Any person eighteen years of age or over who violates in exchange for a controlled substance. RCW 69.50.401 by distributing a controlled substance listed (c) "Price" means anything of value. in Schedules I or II which is a narcotic drug or methamphet- (2)(a) Any person convicted of a violation of subsection amine, including its salts, isomers, and salts of isomers, or (1) of this section shall receive a sentence of not more than flunitrazepam, including its salts, isomers, and salts of iso- five years in a correctional facility of the department of social mers, listed in Schedule IV, to a person under eighteen years and health services for the first offense. of age is guilty of a class A felony punishable by the fine (b) Any person convicted on a second or subsequent authorized by RCW 69.50.401(2) (a) or (b), by a term of cause, the sale having transpired after prosecution and con- imprisonment of up to twice that authorized by RCW viction on the first cause, of subsection (1) of this section 69.50.401(2) (a) or (b), or by both. shall receive a mandatory sentence of five years in a correc- (2) Any person eighteen years of age or over who vio- tional facility of the department of social and health services lates RCW 69.50.401 by distributing any other controlled and no judge of any court shall suspend or defer the sentence substance listed in Schedules I, II, III, IV, and V to a person imposed for the second or subsequent violation of subsection under eighteen years of age who is at least three years his or (1) of this section. her junior is guilty of a class B felony punishable by the fine (3)(a) Any person convicted of a violation of subsection authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of (1) of this section by selling heroin shall receive a mandatory imprisonment up to twice that authorized by RCW sentence of two years in a correctional facility of the depart- 69.50.401(2) (c), (d), or (e), or both. [2005 c 218 § 2; 2003 c ment of social and health services and no judge of any court 53 § 340; 1998 c 290 § 2; 1996 c 205 § 7; 1987 c 458 § 5; shall suspend or defer the sentence imposed for such viola- 1971 ex.s. c 308 § 69.50.406.] tion. Intent—Effective date—2003 c 53: See notes following RCW (b) Any person convicted on a second or subsequent sale 2.48.180. of heroin, the sale having transpired after prosecution and Additional notes found at www.leg.wa.gov conviction on the first cause of the sale of heroin shall receive a mandatory sentence of ten years in a correctional facility of

69.50.407 Conspiracy. 69.50.407 Conspiracy. Any person who attempts or the department of social and health services and no judge of conspires to commit any offense defined in this chapter is any court shall suspend or defer the sentence imposed for this punishable by imprisonment or fine or both which may not second or subsequent violation: PROVIDED, That the inde- exceed the maximum punishment prescribed for the offense, terminate sentence review board under RCW 9.95.040 shall the commission of which was the object of the attempt or not reduce the minimum term imposed for a violation under conspiracy. [1971 ex.s. c 308 § 69.50.407.] this subsection. (4) Whether or not a mandatory minimum term has

69.50.408 Second or subsequent offenses. 69.50.408 Second or subsequent offenses. (1) Any expired, an offender serving a sentence under this section person convicted of a second or subsequent offense under may be granted an extraordinary medical placement when this chapter may be imprisoned for a term up to twice the authorized under *RCW 9.94A.728(4). term otherwise authorized, fined an amount up to twice that (5) In addition to the sentences provided in subsection otherwise authorized, or both. (2) of this section, any person convicted of a violation of sub- (2) For purposes of this section, an offense is considered section (1) of this section shall be fined in an amount calcu- a second or subsequent offense, if, prior to his or her convic- lated to at least eliminate any and all proceeds or profits tion of the offense, the offender has at any time been con- directly or indirectly gained by such person as a result of victed under this chapter or under any statute of the United sales of controlled substances in violation of the laws of this States or of any state relating to narcotic drugs, marihuana, or other states, or the United States, up to the amount of five depressant, stimulant, or hallucinogenic drugs. hundred thousand dollars on each count. 2014 [Title 69 RCW—page 93] 69.50.412 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(6) Any person, addicted to the use of controlled sub- teen years of age who is at least three years his junior is guilty of a gross mis- stances, who voluntarily applies to the department of social demeanor. (4) It is unlawful for any person to place in any newspaper, magazine, and health services for the purpose of participating in a reha- handbill, or other publication any advertisement, knowing, or under circum- bilitation program approved by the department for addicts of stances where one reasonably should know, that the purpose of the advertise- controlled substances shall be immune from prosecution for ment, in whole or in part, is to promote the sale of objects designed or subsection (1) offenses unless a filing of an information or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor. indictment against such person for a violation of subsection (5) It is lawful for any person over the age of eighteen to possess sterile (1) of this section is made prior to his or her voluntary partic- hypodermic syringes and needles for the purpose of reducing blood-borne ipation in the program of the department of social and health diseases. [2013 c 3 § 22 (Initiative Measure No. 502, approved November 6, services. All applications for immunity under this section 2012); 2002 c 213 § 1; 1981 c 48 § 2.] shall be sent to the department of social and health services in Reviser's note: This section did not amend the most current version of the RCW. It was amended by 2013 c 3 § 22 (Initiative Measure No. 502) Olympia. It shall be the duty of the department to stamp each without cognizance of its amendment by 2012 c 117 § 368. application received pursuant to this section with the date and Intent—2013 c 3 (Initiative Measure No. 502): See note following time of receipt. RCW 69.50.101. (7) This section shall not apply to offenses defined and Additional notes found at www.leg.wa.gov punishable under the provisions of RCW 69.50.401 through

69.50.4121 Drug paraphernalia—Selling or giving—Penalty. 69.50.4015. [2003 c 53 § 342; 1999 c 324 § 6; 1975-'76 2nd 69.50.4121 Drug paraphernalia—Selling or giving— ex.s. c 103 § 1; 1973 2nd ex.s. c 2 § 2.] Penalty. (1) Every person who sells or gives, or permits to be *Reviser's note: RCW 9.94A.728 was amended by 2009 c 455 § 2, sold or given to any person any drug paraphernalia in any changing subsection (4) to subsection (3). form commits a class I civil infraction under chapter 7.80 Intent—Effective date—2003 c 53: See notes following RCW RCW. For purposes of this subsection, "drug paraphernalia" 2.48.180. means all equipment, products, and materials of any kind

69.50.412 Prohibited acts: E—Penalties (as amended by 2012 c 117). which are used, intended for use, or designed for use in plant- 69.50.412 Prohibited acts: E—Penalties (as amended by 2012 c ing, propagating, cultivating, growing, harvesting, manufac- 117). (1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, pro- turing, compounding, converting, producing, processing, duce, process, prepare, test, analyze, pack, repack, store, contain, conceal, preparing, testing, analyzing, packaging, repackaging, stor- inject, ingest, inhale, or otherwise introduce into the human body a con- ing, containing, concealing, injecting, ingesting, inhaling, or trolled substance. Any person who violates this subsection is guilty of a mis- otherwise introducing into the human body a controlled sub- demeanor. (2) It is unlawful for any person to deliver, possess with intent to stance other than marijuana. Drug paraphernalia includes, but deliver, or manufacture with intent to deliver drug paraphernalia, knowing, is not limited to objects used, intended for use, or designed or under circumstances where one reasonably should know, that it will be for use in ingesting, inhaling, or otherwise introducing used to plant, propagate, cultivate, grow, harvest, manufacture, compound, cocaine into the human body, such as: convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a (a) Metal, wooden, acrylic, glass, stone, plastic, or controlled substance. Any person who violates this subsection is guilty of a ceramic pipes with or without screens, permanent screens, misdemeanor. hashish heads, or punctured metal bowls; (3) Any person eighteen years of age or over who violates subsection (b) Water pipes; (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a (c) Carburetion tubes and devices; gross misdemeanor. (d) Smoking and carburetion masks; (4) It is unlawful for any person to place in any newspaper, magazine, (e) Miniature cocaine spoons and cocaine vials; handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertise- (f) Chamber pipes; ment, in whole or in part, is to promote the sale of objects designed or (g) Carburetor pipes; intended for use as drug paraphernalia. Any person who violates this subsec- (h) Electric pipes; tion is guilty of a misdemeanor. (i) Air-driven pipes; and (5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and needles for the purpose of reducing blood-borne (j) Ice pipes or chillers. diseases. [2012 c 117 § 368; 2002 c 213 § 1; 1981 c 48 § 2.] (2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the

69.50.412 Prohibited acts: E—Penalties (as amended by 2013 c 3). 69.50.412 Prohibited acts: E—Penalties (as amended by 2013 c 3). defendant to act, as agent or representative of another. (1) It is unlawful for any person to use drug paraphernalia to plant, propa- (3) Nothing in subsection (1) of this section prohibits gate, cultivate, grow, harvest, manufacture, compound, convert, produce, legal distribution of injection syringe equipment through process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled sub- public health and community based HIV prevention pro- stance other than marijuana. Any person who violates this subsection is grams, and pharmacies. [2013 c 3 § 23 (Initiative Measure guilty of a misdemeanor. No. 502, approved November 6, 2012); 2002 c 213 § 2; 1998 (2) It is unlawful for any person to deliver, possess with intent to c 317 § 1.] deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be Intent—2013 c 3 (Initiative Measure No. 502): See note following used to plant, propagate, cultivate, grow, harvest, manufacture, compound, RCW 69.50.101. convert, produce, process, prepare, test, analyze, pack, repack, store, contain,

69.50.413 Health care practitioners—Suspension of license for violation of chapter. conceal, inject, ingest, inhale, or otherwise introduce into the human body a 69.50.413 Health care practitioners—Suspension of controlled substance other than marijuana. Any person who violates this subsection is guilty of a misdemeanor. license for violation of chapter. The license of any licensed (3) Any person eighteen years of age or over who violates subsection health care practitioner shall be suspended for any violation (2) of this section by delivering drug paraphernalia to a person under eigh- of this chapter. The suspension shall run concurrently with, [Title 69 RCW—page 94] 2014 Uniform Controlled Substances Act 69.50.430

69.50.420 Violations—Juvenile driving privileges. and not less than, the term of the sentence for the violation. 69.50.420 Violations—Juvenile driving privileges. [1984 c 153 § 21.] (1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any

69.50.414 Sale or transfer of controlled substance to minor—Cause of action by parent—Damages. offense that is a violation of this chapter, the court shall notify 69.50.414 Sale or transfer of controlled substance to the department of licensing within twenty-four hours after minor—Cause of action by parent—Damages. The parent entry of the judgment. or legal guardian of any minor to whom a controlled substance, as defined in RCW 69.50.101, is sold or transferred, (2) Except as otherwise provided in subsection (3) of this shall have a cause of action against the person who sold or section, upon petition of a juvenile whose privilege to drive transferred the controlled substance for all damages to the has been revoked pursuant to RCW 46.20.265, the court may minor or his or her parent or legal guardian caused by such at any time the court deems appropriate notify the department sale or transfer. Damages shall include: (a) Actual damages, of licensing to reinstate the juvenile's privilege to drive. including the cost for treatment or rehabilitation of the minor (3) If the conviction is for the juvenile's first violation of child's drug dependency, (b) forfeiture to the parent or legal this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juve- guardian of the cash value of any proceeds received from nile may not petition the court for reinstatement of the juve- such sale or transfer of a controlled substance, and (c) reason- nile's privilege to drive revoked pursuant to RCW 46.20.265 able attorney fees. until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the This section shall not apply to a practitioner, as defined conviction was for the juvenile's second or subsequent viola- in *RCW 69.50.101(t), who sells or transfers a controlled tion of this chapter or chapter 66.44, 69.41, or 69.52 RCW, substance to a minor pursuant to a valid prescription or order. the juvenile may not petition the court for reinstatement of [1986 c 124 § 10.] the juvenile's privilege to drive revoked pursuant to RCW *Reviser's note: The reference to RCW 69.50.101(t) is erroneous. "Practitioner" is defined in (w) of that section. RCW 69.50.101 was amended 46.20.265 until the later of the date the juvenile turns seven- by 2013 c 3 § 2, changing subsection (w) to subsection (cc). RCW 69.50.101 teen or one year after the date judgment was entered. [1989 c was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing 271 § 120; 1988 c 148 § 5.] subsection (cc) to subsection (dd). RCW 69.50.101 was subsequently amended by 2014 c 192 § 1, changing subsection (dd) to subsection (ee). Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.

69.50.415 Controlled substances homicide—Penalty. Additional notes found at www.leg.wa.gov 69.50.415 Controlled substances homicide—Penalty.

69.50.425 Misdemeanor violations—Minimum penalties. (1) A person who unlawfully delivers a controlled substance 69.50.425 Misdemeanor violations—Minimum pen- in violation of RCW 69.50.401(2) (a), (b), or (c) which con- alties. A person who is convicted of a misdemeanor viola- trolled substance is subsequently used by the person to whom tion of any provision of this chapter shall be punished by it was delivered, resulting in the death of the user, is guilty of imprisonment for not less than twenty-four consecutive controlled substances homicide. hours, and by a fine of not less than two hundred fifty dollars. (2) Controlled substances homicide is a class B felony On a second or subsequent conviction, the fine shall not be punishable according to chapter 9A.20 RCW. [2003 c 53 § less than five hundred dollars. These fines shall be in addition 343; 1996 c 205 § 8; 1987 c 458 § 2.] to any other fine or penalty imposed. Unless the court finds Intent—Effective date—2003 c 53: See notes following RCW that the imposition of the minimum imprisonment will pose a 2.48.180. substantial risk to the defendant's physical or mental well- Additional notes found at www.leg.wa.gov being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be sus- 69.50.416 Counterfeit substances prohibited—Penalties. Counterfeit substances prohibited—Penal- pended or deferred. If the court finds such risk or overcrowd- ties. (1) It is unlawful for any person knowingly or intention- ing exists, it shall sentence the defendant to a minimum of ally to manufacture, deliver, or possess with intent to manu- forty hours of community restitution. If a minimum term of facture or deliver, a controlled substance which, or the con- imprisonment is suspended or deferred, the court shall state tainer or labeling of which, without authorization, bears the in writing the reason for granting the suspension or deferral trademark, trade name, or other identifying mark, imprint, and the facts upon which the suspension or deferral is based. number, or device, or any likeness thereof, of a manufacturer, Unless the court finds the person to be indigent, the minimum distributor, or dispenser, other than the person who in fact fine shall not be suspended or deferred. [2002 c 175 § 44; manufactured, distributed, or dispensed the substance. 1989 c 271 § 105.] (2) It is unlawful for any person knowingly or intention- Additional notes found at www.leg.wa.gov ally to make, distribute, or possess a punch, die, plate, stone,

69.50.430 Additional fine for certain felony violations. or other thing designed to print, imprint, or reproduce the 69.50.430 Additional fine for certain felony viola- trademark, trade name, or other identifying mark, imprint, or tions. (1) Every person convicted of a felony violation of device of another or any likeness of any of the foregoing RCW 69.50.401 through 69.50.4013, 69.50.4015, 69.50.402, upon any drug or container or labeling thereof. 69.50.403, 69.50.406, 69.50.407, 69.50.410, or 69.50.415 (3) A person who violates this section is guilty of a class shall be fined one thousand dollars in addition to any other C felony and upon conviction may be imprisoned for not fine or penalty imposed. Unless the court finds the person to more than two years, fined not more than two thousand dol- be indigent, this additional fine shall not be suspended or lars, or both. [2003 c 53 § 344; 1993 c 187 § 22.] deferred by the court. Intent—Effective date—2003 c 53: See notes following RCW (2) On a second or subsequent conviction for violation of 2.48.180. any of the laws listed in subsection (1) of this section, the per- 2014 [Title 69 RCW—page 95] 69.50.435 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons son shall be fined two thousand dollars in addition to any free zone, or the public transit vehicle, or at the school bus other fine or penalty imposed. Unless the court finds the per- route stop, the public transit vehicle stop shelter, at a civic son to be indigent, this additional fine shall not be suspended center designated as a drug-free zone by the local governing or deferred by the court. [2003 c 53 § 345; 1989 c 271 § 106.] authority, or within one thousand feet of the perimeter of a Intent—Effective date—2003 c 53: See notes following RCW facility designated under subsection (1)(i) of this section, if 2.48.180. the local governing authority specifically designates the one Additional notes found at www.leg.wa.gov thousand foot perimeter at the time of the offense or that school was not in session. 69.50.435 Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions. 69.50.435 Violations committed in or on certain pub- (4) It is an affirmative defense to a prosecution for a vio- lic places or facilities—Additional penalty—Defenses— lation of this section that the prohibited conduct took place Construction—Definitions. (1) Any person who violates entirely within a private residence, that no person under eigh- RCW 69.50.401 by manufacturing, selling, delivering, or teen years of age or younger was present in such private resi- possessing with the intent to manufacture, sell, or deliver a dence at any time during the commission of the offense, and controlled substance listed under RCW 69.50.401 or who that the prohibited conduct did not involve delivering, manu- violates RCW 69.50.410 by selling for profit any controlled facturing, selling, or possessing with the intent to manufac- substance or counterfeit substance classified in schedule I, ture, sell, or deliver any controlled substance in RCW RCW 69.50.204, except leaves and flowering tops of mari- 69.50.401 for profit. The affirmative defense established in huana to a person: this section shall be proved by the defendant by a preponder- (a) In a school; ance of the evidence. This section shall not be construed to (b) On a school bus; establish an affirmative defense with respect to a prosecution (c) Within one thousand feet of a school bus route stop for an offense defined in any other section of this chapter. designated by the school district; (5) In a prosecution under this section, a map produced (d) Within one thousand feet of the perimeter of the or reproduced by any municipality, school district, county, school grounds; transit authority engineer, or public housing authority for the (e) In a public park; purpose of depicting the location and boundaries of the area (f) In a public housing project designated by a local gov- on or within one thousand feet of any property used for a erning authority as a drug-free zone; school, school bus route stop, public park, public housing (g) On a public transit vehicle; project designated by a local governing authority as a drug- (h) In a public transit stop shelter; free zone, public transit vehicle stop shelter, or a civic center (i) At a civic center designated as a drug-free zone by the designated as a drug-free zone by a local governing authority, local governing authority; or or a true copy of such a map, shall under proper authentica- (j) Within one thousand feet of the perimeter of a facility tion, be admissible and shall constitute prima facie evidence designated under (i) of this subsection, if the local governing of the location and boundaries of those areas if the governing authority specifically designates the one thousand foot perim- body of the municipality, school district, county, or transit eter authority has adopted a resolution or ordinance approving the may be punished by a fine of up to twice the fine otherwise map as the official location and record of the location and authorized by this chapter, but not including twice the fine boundaries of the area on or within one thousand feet of the authorized by RCW 69.50.406, or by imprisonment of up to school, school bus route stop, public park, public housing twice the imprisonment otherwise authorized by this chapter, project designated by a local governing authority as a drug- but not including twice the imprisonment authorized by free zone, public transit vehicle stop shelter, or civic center RCW 69.50.406, or by both such fine and imprisonment. The designated as a drug-free zone by a local governing authority. provisions of this section shall not operate to more than dou- Any map approved under this section or a true copy of the ble the fine or imprisonment otherwise authorized by this map shall be filed with the clerk of the municipality or chapter for an offense. county, and shall be maintained as an official record of the (2) It is not a defense to a prosecution for a violation of municipality or county. This section shall not be construed as this section that the person was unaware that the prohibited precluding the prosecution from introducing or relying upon conduct took place while in a school or school bus or within any other evidence or testimony to establish any element of one thousand feet of the school or school bus route stop, in a the offense. This section shall not be construed as precluding public park, in a public housing project designated by a local the use or admissibility of any map or diagram other than the governing authority as a drug-free zone, on a public transit one which has been approved by the governing body of a vehicle, in a public transit stop shelter, at a civic center desig- municipality, school district, county, transit authority, or pub- nated as a drug-free zone by the local governing authority, or lic housing authority if the map or diagram is otherwise within one thousand feet of the perimeter of a facility desig- admissible under court rule. nated under subsection (1)(i) of this section, if the local gov- (6) As used in this section the following terms have the erning authority specifically designates the one thousand foot meanings indicated unless the context clearly requires other- perimeter. wise: (3) It is not a defense to a prosecution for a violation of (a) "School" has the meaning under RCW 28A.150.010 this section or any other prosecution under this chapter that or 28A.150.020. The term "school" also includes a private persons under the age of eighteen were not present in the school approved under RCW 28A.195.010; school, the school bus, the public park, the public housing (b) "School bus" means a school bus as defined by the project designated by a local governing authority as a drug- superintendent of public instruction by rule which is owned [Title 69 RCW—page 96] 2014 Uniform Controlled Substances Act 69.50.501 and operated by any school district and all school buses (2) Any person who violates this section is guilty of a which are privately owned and operated under contract or class B felony and may be imprisoned for not more than ten otherwise with any school district in the state for the transpor- years, fined not more than twenty-five thousand dollars, or tation of students. The term does not include buses operated both. Three thousand dollars of the fine may not be sus- by common carriers in the urban transportation of students pended. As collected, the first three thousand dollars of the such as transportation of students through a municipal trans- fine must be deposited with the law enforcement agency hav- portation system; ing responsibility for cleanup of laboratories, sites, or sub- (c) "School bus route stop" means a school bus stop as stances used in the manufacture of the methamphetamine, designated by a school district; including its salts, isomers, and salts of isomers. The fine (d) "Public park" means land, including any facilities or moneys deposited with that law enforcement agency must be improvements on the land, that is operated as a park by the used for such clean-up cost. [2005 c 218 § 3; 2003 c 53 § state or a local government; 347; 2002 c 134 § 1; 2000 c 225 § 4; 1997 c 71 § 3; 1996 c (e) "Public transit vehicle" means any motor vehicle, 205 § 1.] streetcar, train, trolley vehicle, or any other device, vessel, or Intent—Effective date—2003 c 53: See notes following RCW vehicle which is owned or operated by a transit authority and 2.48.180. which is used for the purpose of carrying passengers on a reg- Additional notes found at www.leg.wa.gov ular schedule;

69.50.445 Opening package of or consuming marijuana, useable marijuana, or marijuana-infused product in view of general public—Penalty. (f) "Transit authority" means a city, county, or state 69.50.445 Opening package of or consuming mari- transportation system, transportation authority, public trans- juana, useable marijuana, or marijuana-infused product portation benefit area, public transit authority, or metropoli- in view of general public—Penalty. It is unlawful to open a tan municipal corporation within the state that operates pub- package containing marijuana, useable marijuana, or a mari- lic transit vehicles; juana-infused product, or consume marijuana, useable mari- (g) "Stop shelter" means a passenger shelter designated juana, or a marijuana-infused product, in view of the general by a transit authority; public. A person who violates this section is guilty of a class (h) "Civic center" means a publicly owned or publicly 3 civil infraction under chapter 7.80 RCW. [2013 c 3 § 21 operated place or facility used for recreational, educational, (Initiative Measure No. 502, approved November 6, 2012).] or cultural activities; Intent—2013 c 3 (Initiative Measure No. 502): See note following (i) "Public housing project" means the same as "housing RCW 69.50.101. project" as defined in RCW 35.82.020. [2003 c 53 § 346. Prior: 1997 c 30 § 2; 1997 c 23 § 1; 1996 c 14 § 2; 1991 c 32 ARTICLE V § 4; prior: 1990 c 244 § 1; 1990 c 33 § 588; 1989 c 271 § ENFORCEMENT AND 112.] ADMINISTRATIVE PROVISIONS Intent—Effective date—2003 c 53: See notes following RCW 69.50.500 Powers of enforcement personnel. 2.48.180. 69.50.500 Powers of enforcement personnel. (a) It is Findings—Intent—1997 c 30: "The legislature finds that a large num- hereby made the duty of the *state board of pharmacy, the ber of illegal drug transactions occur in or near public housing projects. The department, the state liquor control board, and their officers, legislature also finds that this activity places the families and children resid- agents, inspectors and representatives, and all law enforce- ing in these housing projects at risk for drug-related crimes and increases the general level of fear among the residents of the housing project and the areas ment officers within the state, and of all prosecuting attor- surrounding these projects. The intent of the legislature is to allow local gov- neys, to enforce all provisions of this chapter, except those ernments to designate public housing projects as drug-free zones." [1997 c specifically delegated, and to cooperate with all agencies 30 § 1.] charged with the enforcement of the laws of the United Findings—Intent—1996 c 14: "The legislature finds that a large num- States, of this state, and all other states, relating to controlled ber of illegal drug transactions occur in or near publicly owned places used substances as defined in this chapter. for recreational, educational, and cultural purposes. The legislature also finds that this activity places the people using these facilities at risk for drug- (b) Employees of the department of health, who are so related crimes, discourages the use of recreational, educational, and cultural designated by the *board as enforcement officers are facilities, blights the economic development around these facilities, and declared to be peace officers and shall be vested with police increases the general level of fear among the residents of the areas surround- powers to enforce the drug laws of this state, including this ing these facilities. The intent of the legislature is to allow local governments to designate a perimeter of one thousand feet around publicly owned places chapter. [2013 c 3 § 24 (Initiative Measure No. 502, used primarily for recreation, education, and cultural activities as drug-free approved November 6, 2012); 1989 1st ex.s. c 9 § 437; 1971 zones." [1996 c 14 § 1.] ex.s. c 308 § 69.50.500.] Purpose—Statutory references—Severability—1990 c 33: See RCW *Reviser's note: Chapter 19, Laws of 2013 changed "state board of 28A.900.100 through 28A.900.102. pharmacy" to "pharmacy quality assurance commission." Additional notes found at www.leg.wa.gov Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

69.50.440 Possession with intent to manufacture—Penalty. 69.50.440 Possession with intent to manufacture— Additional notes found at www.leg.wa.gov Penalty. (1) It is unlawful for any person to possess ephed- 69.50.501 Administrative inspections. rine or any of its salts or isomers or salts of isomers, pseudo- 69.50.501 Administrative inspections. The commis- ephedrine or any of its salts or isomers or salts of isomers, sion may make administrative inspections of controlled pressurized ammonia gas, or pressurized ammonia gas solu- premises in accordance with the following provisions: tion with intent to manufacture methamphetamine, including (1) For purposes of this section only, "controlled prem- its salts, isomers, and salts of isomers. ises" means: 2014 [Title 69 RCW—page 97] 69.50.502 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(a) places where persons registered or exempted from exists upon showing a valid public interest in the effective registration requirements under this chapter are required to enforcement of this chapter or rules hereunder, sufficient to keep records; and justify administrative inspection of the area, premises, build- (b) places including factories, warehouses, establishing, or conveyance in the circumstances specified in the ments, and conveyances in which persons registered or application for the warrant; exempted from registration requirements under this chapter (2) A warrant shall issue only upon an affidavit of a des- are permitted to hold, manufacture, compound, process, sell, ignated officer or employee having knowledge of the facts deliver, or otherwise dispose of any controlled substance. alleged, sworn to before the judge and establishing the (2) When authorized by an administrative inspection grounds for issuing the warrant. If the judge is satisfied that warrant issued pursuant to RCW 69.50.502 an officer or grounds for the application exist or that there is probable employee designated by the commission, upon presenting the cause to believe they exist, he or she shall issue a warrant warrant and appropriate credentials to the owner, operator, or identifying the area, premises, building, or conveyance to be agent in charge, may enter controlled premises for the pur- inspected, the purpose of the inspection, and, if appropriate, pose of conducting an administrative inspection. the type of property to be inspected, if any. The warrant shall: (3) When authorized by an administrative inspection (a) State the grounds for its issuance and the name of warrant, an officer or employee designated by the commis- each person whose affidavit has been taken in support sion may: thereof; (a) inspect and copy records required by this chapter to (b) Be directed to a person authorized by RCW be kept; 69.50.500 to execute it; (b) inspect, within reasonable limits and in a reasonable (c) Command the person to whom it is directed to inspect manner, controlled premises and all pertinent equipment, fin- the area, premises, building, or conveyance identified for the ished and unfinished material, containers and labeling found purpose specified and, if appropriate, direct the seizure of the therein, and, except as provided in subsection (5) of this sec- property specified; tion, all other things therein, including records, files, papers, (d) Identify the item or types of property to be seized, if processes, controls, and facilities bearing on violation of this any; chapter; and (e) Direct that it be served during normal business hours (c) inventory any stock of any controlled substance and designate the judge to whom it shall be returned; therein and obtain samples thereof. (3) A warrant issued pursuant to this section must be (4) This section does not prevent the inspection without executed and returned within ten days of its date unless, upon a warrant of books and records pursuant to an administrative a showing of a need for additional time, the court orders oth- subpoena issued in accordance with chapter 34.05 RCW, nor erwise. If property is seized pursuant to a warrant, a copy does it prevent entries and administrative inspections, includ- shall be given to the person from whom or from whose prem- ing seizures of property, without a warrant: ises the property is taken, together with a receipt for the prop- (a) if the owner, operator, or agent in charge of the con- erty taken. The return of the warrant shall be made promptly, trolled premises consents; accompanied by a written inventory of any property taken. (b) in situations presenting imminent danger to health or The inventory shall be made in the presence of the person safety; executing the warrant and of the person from whose posses- (c) in situations involving inspection of conveyances if sion or premises the property was taken, if present, or in the there is reasonable cause to believe that the mobility of the presence of at least one credible person other than the person conveyance makes it impracticable to obtain a warrant; executing the warrant. A copy of the inventory shall be deliv- (d) in any other exceptional or emergency circumstance ered to the person from whom or from whose premises the where time or opportunity to apply for a warrant is lacking; property was taken and to the applicant for the warrant; or, (4) The judge who has issued a warrant shall attach (e) in all other situations in which a warrant is not consti- thereto a copy of the return and all papers returnable in con- tutionally required. nection therewith and file them with the clerk of the court in (5) An inspection authorized by this section shall not which the inspection was made. [2012 c 117 § 369; 1971 extend to financial data, sales data, other than shipment data, ex.s. c 308 § 69.50.502.] or pricing data unless the owner, operator, or agent in charge

of the controlled premises consents in writing. [2013 c 19 § 69.50.503 Injunctions. 69.50.503 108; 1971 ex.s. c 308 § 69.50.501.] 69.50.503 Injunctions. (a) The superior courts of this state have jurisdiction to restrain or enjoin violations of this

69.50.502 Warrants for administrative inspections. 69.50.502 Warrants for administrative inspections. chapter. Issuance and execution of administrative inspection warrants (b) The defendant may demand trial by jury for an shall be as follows: alleged violation of an injunction or restraining order under (1) A judge of a superior court, or a judge of a district this section. [1971 ex.s. c 308 § 69.50.503.] court within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for 69.50.504 Cooperative arrangements. Cooperative arrangements. The commis- the purpose of conducting administrative inspections autho- sion shall cooperate with federal and other state agencies in rized by this chapter or rules hereunder, and seizures of prop- discharging its responsibilities concerning traffic in con- erty appropriate to the inspections. For purposes of the issu- trolled substances and in suppressing the abuse of controlled ance of administrative inspection warrants, probable cause substances. [2013 c 19 § 109; 1971 ex.s. c 308 § 69.50.504.] [Title 69 RCW—page 98] 2014 Uniform Controlled Substances Act 69.50.505

69.50.505 Seizure and forfeiture. 69.50.505 Seizure and forfeiture. (1) The following 69.41 or 69.52 RCW. A forfeiture of money, negotiable are subject to seizure and forfeiture and no property right instruments, securities, or other tangible or intangible prop- exists in them: erty encumbered by a bona fide security interest is subject to (a) All controlled substances which have been manufac- the interest of the secured party if, at the time the security tured, distributed, dispensed, acquired, or possessed in viola- interest was created, the secured party neither had knowledge tion of this chapter or chapter 69.41 or 69.52 RCW, and all of nor consented to the act or omission. No personal property hazardous chemicals, as defined in RCW 64.44.010, used or may be forfeited under this subsection (1)(g), to the extent of intended to be used in the manufacture of controlled sub- the interest of an owner, by reason of any act or omission stances; which that owner establishes was committed or omitted with- (b) All raw materials, products, and equipment of any out the owner's knowledge or consent; and kind which are used, or intended for use, in manufacturing, (h) All real property, including any right, title, and inter- compounding, processing, delivering, importing, or export- est in the whole of any lot or tract of land, and any appurte- ing any controlled substance in violation of this chapter or nances or improvements which are being used with the chapter 69.41 or 69.52 RCW; knowledge of the owner for the manufacturing, compound- (c) All property which is used, or intended for use, as a ing, processing, delivery, importing, or exporting of any con- container for property described in (a) or (b) of this subsec- trolled substance, or which have been acquired in whole or in tion; part with proceeds traceable to an exchange or series of (d) All conveyances, including aircraft, vehicles, or ves- exchanges in violation of this chapter or chapter 69.41 or sels, which are used, or intended for use, in any manner to 69.52 RCW, if such activity is not less than a class C felony facilitate the sale, delivery, or receipt of property described in and a substantial nexus exists between the commercial pro- (a) or (b) of this subsection, except that: duction or sale of the controlled substance and the real prop- (i) No conveyance used by any person as a common car- erty. However: rier in the transaction of business as a common carrier is sub- (i) No property may be forfeited pursuant to this subsec- ject to forfeiture under this section unless it appears that the tion (1)(h), to the extent of the interest of an owner, by reason owner or other person in charge of the conveyance is a con- of any act or omission committed or omitted without the senting party or privy to a violation of this chapter or chapter owner's knowledge or consent; 69.41 or 69.52 RCW; (ii) The bona fide gift of a controlled substance, legend (ii) No conveyance is subject to forfeiture under this sec- drug, or imitation controlled substance shall not result in the tion by reason of any act or omission established by the forfeiture of real property; owner thereof to have been committed or omitted without the (iii) The possession of marijuana shall not result in the owner's knowledge or consent; forfeiture of real property unless the marijuana is possessed (iii) No conveyance is subject to forfeiture under this for commercial purposes that are unlawful under Washington section if used in the receipt of only an amount of marijuana state law, the amount possessed is five or more plants or one for which possession constitutes a misdemeanor under RCW pound or more of marijuana, and a substantial nexus exists 69.50.4014; between the possession of marijuana and the real property. In (iv) A forfeiture of a conveyance encumbered by a bona such a case, the intent of the offender shall be determined by fide security interest is subject to the interest of the secured the preponderance of the evidence, including the offender's party if the secured party neither had knowledge of nor con- prior criminal history, the amount of marijuana possessed by sented to the act or omission; and the offender, the sophistication of the activity or equipment (v) When the owner of a conveyance has been arrested used by the offender, whether the offender was licensed to under this chapter or chapter 69.41 or 69.52 RCW the con- produce, process, or sell marijuana, or was an employee of a veyance in which the person is arrested may not be subject to licensed producer, processor, or retailer, and other evidence forfeiture unless it is seized or process is issued for its seizure which demonstrates the offender's intent to engage in unlaw- within ten days of the owner's arrest; ful commercial activity; (e) All books, records, and research products and materi- (iv) The unlawful sale of marijuana or a legend drug als, including formulas, microfilm, tapes, and data which are shall not result in the forfeiture of real property unless the used, or intended for use, in violation of this chapter or chap- sale was forty grams or more in the case of marijuana or one ter 69.41 or 69.52 RCW; hundred dollars or more in the case of a legend drug, and a (f) All drug paraphernalia*21 other than paraphernalia substantial nexus exists between the unlawful sale and the possessed, sold, or used solely to facilitate marijuana-related real property; and activities that are not violations of this chapter; (v) A forfeiture of real property encumbered by a bona (g) All moneys, negotiable instruments, securities, or fide security interest is subject to the interest of the secured other tangible or intangible property of value furnished or party if the secured party, at the time the security interest was intended to be furnished by any person in exchange for a con- created, neither had knowledge of nor consented to the act or trolled substance in violation of this chapter or chapter 69.41 omission. or 69.52 RCW, all tangible or intangible personal property, (2) Real or personal property subject to forfeiture under proceeds, or assets acquired in whole or in part with proceeds this chapter may be seized by any **board inspector or law traceable to an exchange or series of exchanges in violation enforcement officer of this state upon process issued by any of this chapter or chapter 69.41 or 69.52 RCW, and all mon- superior court having jurisdiction over the property. Seizure eys, negotiable instruments, and securities used or intended of real property shall include the filing of a lis pendens by the to be used to facilitate any violation of this chapter or chapter seizing agency. Real property seized under this section shall 2014 [Title 69 RCW—page 99] 69.50.505 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons not be transferred or otherwise conveyed until ninety days service of notice from the seizing agency in the case of per- after seizure or until a judgment of forfeiture is entered, sonal property and ninety days in the case of real property, whichever is later: PROVIDED, That real property seized the person or persons shall be afforded a reasonable opportu- under this section may be transferred or conveyed to any per- nity to be heard as to the claim or right. The notice of claim son or entity who acquires title by foreclosure or deed in lieu may be served by any method authorized by law or court rule of foreclosure of a security interest. Seizure of personal prop- including, but not limited to, service by first-class mail. Ser- erty without process may be made if: vice by mail shall be deemed complete upon mailing within (a) The seizure is incident to an arrest or a search under a the forty-five day period following service of the notice of search warrant or an inspection under an administrative seizure in the case of personal property and within the ninety- inspection warrant; day period following service of the notice of seizure in the (b) The property subject to seizure has been the subject case of real property. The hearing shall be before the chief of a prior judgment in favor of the state in a criminal injunc- law enforcement officer of the seizing agency or the chief law tion or forfeiture proceeding based upon this chapter; enforcement officer's designee, except where the seizing (c) A **board inspector or law enforcement officer has agency is a state agency as defined in RCW 34.12.020(4), the probable cause to believe that the property is directly or indi- hearing shall be before the chief law enforcement officer of rectly dangerous to health or safety; or the seizing agency or an administrative law judge appointed (d) The **board inspector or law enforcement officer has under chapter 34.12 RCW, except that any person asserting a probable cause to believe that the property was used or is claim or right may remove the matter to a court of competent intended to be used in violation of this chapter. jurisdiction. Removal of any matter involving personal prop- (3) In the event of seizure pursuant to subsection (2) of erty may only be accomplished according to the rules of civil this section, proceedings for forfeiture shall be deemed com- procedure. The person seeking removal of the matter must menced by the seizure. The law enforcement agency under serve process against the state, county, political subdivision, whose authority the seizure was made shall cause notice to be or municipality that operates the seizing agency, and any served within fifteen days following the seizure on the owner other party of interest, in accordance with RCW 4.28.080 or of the property seized and the person in charge thereof and 4.92.020, within forty-five days after the person seeking any person having any known right or interest therein, includ- removal has notified the seizing law enforcement agency of ing any community property interest, of the seizure and the person's claim of ownership or right to possession. The intended forfeiture of the seized property. Service of notice of court to which the matter is to be removed shall be the district seizure of real property shall be made according to the rules court when the aggregate value of personal property is within of civil procedure. However, the state may not obtain a the jurisdictional limit set forth in RCW 3.66.020. A hearing default judgment with respect to real property against a party before the seizing agency and any appeal therefrom shall be who is served by substituted service absent an affidavit stat- under Title 34 RCW. In all cases, the burden of proof is upon ing that a good faith effort has been made to ascertain if the the law enforcement agency to establish, by a preponderance defaulted party is incarcerated within the state, and that there of the evidence, that the property is subject to forfeiture. is no present basis to believe that the party is incarcerated The seizing law enforcement agency shall promptly within the state. Notice of seizure in the case of property sub- return the article or articles to the claimant upon a determina- ject to a security interest that has been perfected by filing a tion by the administrative law judge or court that the claimant financing statement in accordance with chapter 62A.9A is the present lawful owner or is lawfully entitled to posses- RCW, or a certificate of title, shall be made by service upon sion thereof of items specified in subsection (1)(b), (c), (d), the secured party or the secured party's assignee at the (e), (f), (g), or (h) of this section. address shown on the financing statement or the certificate of (6) In any proceeding to forfeit property under this title, title. The notice of seizure in other cases may be served by where the claimant substantially prevails, the claimant is enti- any method authorized by law or court rule including but not tled to reasonable attorneys' fees reasonably incurred by the limited to service by certified mail with return receipt claimant. In addition, in a court hearing between two or more requested. Service by mail shall be deemed complete upon claimants to the article or articles involved, the prevailing mailing within the fifteen day period following the seizure. party is entitled to a judgment for costs and reasonable attor- (4) If no person notifies the seizing law enforcement neys' fees. agency in writing of the person's claim of ownership or right (7) When property is forfeited under this chapter the to possession of items specified in subsection (1)(d), (g), or **board or seizing law enforcement agency may: (h) of this section within forty-five days of the service of (a) Retain it for official use or upon application by any notice from the seizing agency in the case of personal prop- law enforcement agency of this state release such property to erty and ninety days in the case of real property, the item such agency for the exclusive use of enforcing the provisions seized shall be deemed forfeited. The community property of this chapter; interest in real property of a person whose spouse or domestic partner committed a violation giving rise to seizure of the real (b) Sell that which is not required to be destroyed by law property may not be forfeited if the person did not participate and which is not harmful to the public; in the violation. (c) Request the appropriate sheriff or director of public (5) If any person notifies the seizing law enforcement safety to take custody of the property and remove it for dispo- agency in writing of the person's claim of ownership or right sition in accordance with law; or to possession of items specified in subsection (1)(b), (c), (d), (d) Forward it to the drug enforcement administration for (e), (f), (g), or (h) of this section within forty-five days of the disposition. [Title 69 RCW—page 100] 2014 Uniform Controlled Substances Act 69.50.505

(8)(a) When property is forfeited, the seizing agency are growing or being stored to produce an appropriate regis- shall keep a record indicating the identity of the prior owner, tration or proof that he or she is the holder thereof constitutes if known, a description of the property, the disposition of the authority for the seizure and forfeiture of the plants. property, the value of the property at the time of seizure, and (14) Upon the entry of an order of forfeiture of real prop- the amount of proceeds realized from disposition of the property, the court shall forward a copy of the order to the asses- erty. sor of the county in which the property is located. Orders for (b) Each seizing agency shall retain records of forfeited the forfeiture of real property shall be entered by the superior property for at least seven years. court, subject to court rules. Such an order shall be filed by (c) Each seizing agency shall file a report including a the seizing agency in the county auditor's records in the copy of the records of forfeited property with the state trea- county in which the real property is located. surer each calendar quarter. (15)(a) A landlord may assert a claim against proceeds (d) The quarterly report need not include a record of for- from the sale of assets seized and forfeited under subsection feited property that is still being held for use as evidence dur- (7)(b) of this section, only if: ing the investigation or prosecution of a case or during the (i) A law enforcement officer, while acting in his or her appeal from a conviction. official capacity, directly caused damage to the complaining (9)(a) By January 31st of each year, each seizing agency landlord's property while executing a search of a tenant's res- shall remit to the state treasurer an amount equal to ten per- idence; and cent of the net proceeds of any property forfeited during the (ii) The landlord has applied any funds remaining in the preceding calendar year. Money remitted shall be deposited tenant's deposit, to which the landlord has a right under chap- in the state general fund. ter 59.18 RCW, to cover the damage directly caused by a law (b) The net proceeds of forfeited property is the value of enforcement officer prior to asserting a claim under the pro- the forfeitable interest in the property after deducting the cost visions of this section; of satisfying any bona fide security interest to which the (A) Only if the funds applied under (a)(ii) of this subsec- property is subject at the time of seizure; and in the case of tion are insufficient to satisfy the damage directly caused by sold property, after deducting the cost of sale, including rea- a law enforcement officer, may the landlord seek compensa- sonable fees or commissions paid to independent selling tion for the damage by filing a claim against the governmen- agents, and the cost of any valid landlord's claim for damages tal entity under whose authority the law enforcement agency under subsection (15) of this section. operates within thirty days after the search; (c) The value of sold forfeited property is the sale price. (B) Only if the governmental entity denies or fails to The value of retained forfeited property is the fair market respond to the landlord's claim within sixty days of the date value of the property at the time of seizure, determined when of filing, may the landlord collect damages under this subsec- possible by reference to an applicable commonly used index, tion by filing within thirty days of denial or the expiration of such as the index used by the department of licensing for val- the sixty-day period, whichever occurs first, a claim with the uation of motor vehicles. A seizing agency may use, but need seizing law enforcement agency. The seizing law enforce- not use, an independent qualified appraiser to determine the ment agency must notify the landlord of the status of the value of retained property. If an appraiser is used, the value of claim by the end of the thirty-day period. Nothing in this sec- the property appraised is net of the cost of the appraisal. The tion requires the claim to be paid by the end of the sixty-day value of destroyed property and retained firearms or illegal or thirty-day period. property is zero. (b) For any claim filed under (a)(ii) of this subsection, (10) Forfeited property and net proceeds not required to the law enforcement agency shall pay the claim unless the be paid to the state treasurer shall be retained by the seizing agency provides substantial proof that the landlord either: law enforcement agency exclusively for the expansion and (i) Knew or consented to actions of the tenant in viola- improvement of controlled substances related law enforce- tion of this chapter or chapter 69.41 or 69.52 RCW; or ment activity. Money retained under this section may not be used to supplant preexisting funding sources. (ii) Failed to respond to a notification of the illegal activ- (11) Controlled substances listed in Schedule I, II, III, ity, provided by a law enforcement agency under RCW IV, and V that are possessed, transferred, sold, or offered for 59.18.075, within seven days of receipt of notification of the sale in violation of this chapter are contraband and shall be illegal activity. seized and summarily forfeited to the state. Controlled sub- (16) The landlord's claim for damages under subsection stances listed in Schedule I, II, III, IV, and V, which are (15) of this section may not include a claim for loss of busi- seized or come into the possession of the **board, the owners ness and is limited to: of which are unknown, are contraband and shall be summar- (a) Damage to tangible property and clean-up costs; ily forfeited to the **board. (b) The lesser of the cost of repair or fair market value of (12) Species of plants from which controlled substances the damage directly caused by a law enforcement officer; in Schedules I and II may be derived which have been planted (c) The proceeds from the sale of the specific tenant's or cultivated in violation of this chapter, or of which the own- property seized and forfeited under subsection (7)(b) of this ers or cultivators are unknown, or which are wild growths, section; and may be seized and summarily forfeited to the **board. (d) The proceeds available after the seizing law enforce- (13) The failure, upon demand by a **board inspector or ment agency satisfies any bona fide security interest in the law enforcement officer, of the person in occupancy or in tenant's property and costs related to sale of the tenant's prop- control of land or premises upon which the species of plants erty as provided by subsection (9)(b) of this section. 2014 [Title 69 RCW—page 101] 69.50.506 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(17) Subsections (15) and (16) of this section do not limit ter are final and conclusive decisions of the matters involved. any other rights a landlord may have against a tenant to col- Any person aggrieved by the decision may obtain review of lect for damages. However, if a law enforcement agency sat- the decision in the superior court wherein he or she resides or isfies a landlord's claim under subsection (15) of this section, in the superior court of Thurston county, such review to be in the rights the landlord has against the tenant for damages conformity with the administrative procedure act, chapter directly caused by a law enforcement officer under the terms 34.05 RCW. [2013 c 19 § 110; 2012 c 117 § 371; 1971 ex.s. of the landlord and tenant's contract are subrogated to the law c 308 § 69.50.507.] enforcement agency. [2013 c 3 § 25 (Initiative Measure No.

69.50.508 Education and research. 502, approved November 6, 2012). Prior: 2009 c 479 § 46; 69.50.508 Education and research. (a) The commis- 2009 c 364 § 1; 2008 c 6 § 631; 2003 c 53 § 348; 2001 c 168 sion may carry out educational programs designed to prevent § 1; 1993 c 487 § 1; 1992 c 211 § 1; prior: (1992 c 210 § 5 and deter misuse and abuse of controlled substances. In con- repealed by 1992 c 211 § 2); 1990 c 248 § 2; 1990 c 213 § 12; nection with these programs it may: 1989 c 271 § 212; 1988 c 282 § 2; 1986 c 124 § 9; 1984 c 258 (1) promote better recognition of the problems of misuse § 333; 1983 c 2 § 15; prior: 1982 c 189 § 6; 1982 c 171 § 1; and abuse of controlled substances within the regulated prior: 1981 c 67 § 32; 1981 c 48 § 3; 1977 ex.s. c 77 § 1; 1971 industry and among interested groups and organizations; ex.s. c 308 § 69.50.505.] (2) assist the regulated industry and interested groups Reviser's note: *(1) The number 21 was inadvertently added in the document filed with the secretary of state's office. and organizations in contributing to the reduction of misuse **(2) Chapter 19, Laws of 2013 changed "state board of pharmacy" to and abuse of controlled substances; "pharmacy quality assurance commission." (3) consult with interested groups and organizations to Intent—2013 c 3 (Initiative Measure No. 502): See note following aid them in solving administrative and organizational prob- RCW 69.50.101. lems; Effective date—2009 c 479: See note following RCW 2.56.030. (4) evaluate procedures, projects, techniques, and con- Part headings not law—Severability—2008 c 6: See RCW 26.60.900 trols conducted or proposed as part of educational programs and 26.60.901. on misuse and abuse of controlled substances; Intent—Effective date—2003 c 53: See notes following RCW (5) disseminate the results of research on misuse and 2.48.180. abuse of controlled substances to promote a better public Findings—1989 c 271: "The legislature finds that: Drug offenses and understanding of what problems exist and what can be done crimes resulting from illegal drug use are destructive to society; the nature of drug trafficking results in many property crimes and crimes of violence; state to combat them; and and local governmental agencies incur immense expenses in the investiga- (6) assist in the education and training of state and local tion, prosecution, adjudication, incarceration, and treatment of drug-related law enforcement officials in their efforts to control misuse offenders and the compensation of their victims; drug-related offenses are difficult to eradicate because of the profits derived from the criminal activi- and abuse of controlled substances. ties, which can be invested in legitimate assets and later used for further (b) The commission may encourage research on misuse criminal activities; and the forfeiture of real assets where a substantial nexus and abuse of controlled substances. In connection with the exists between the commercial production or sale of the substances and the research, and in furtherance of the enforcement of this chap- real property will provide a significant deterrent to crime by removing the profit incentive of drug trafficking, and will provide a revenue source that ter, it may: will partially defray the large costs incurred by government as a result of (1) establish methods to assess accurately the effects of these crimes. The legislature recognizes that seizure of real property is a very controlled substances and identify and characterize those powerful tool and should not be applied in cases in which a manifest injustice with potential for abuse; would occur as a result of forfeiture of an innocent spouse's community property interest." [1989 c 271 § 211.] (2) make studies and undertake programs of research to: Intent—1984 c 258: See note following RCW 3.34.130. (i) develop new or improved approaches, techniques, Additional notes found at www.leg.wa.gov systems, equipment and devices to strengthen the enforcement of this chapter;

69.50.506 Burden of proof; liabilities. 69.50.506 Burden of proof; liabilities. (a) It is not nec- (ii) determine patterns of misuse and abuse of controlled essary for the state to negate any exemption or exception in substances and the social effects thereof; and, this chapter in any complaint, information, indictment, or (iii) improve methods for preventing, predicting, under- other pleading or in any trial, hearing, or other proceeding standing and dealing with the misuse and abuse of controlled under this chapter. The burden of proof of any exemption or substances; and, exception is upon the person claiming it. (3) enter into contracts with public agencies, institutions (b) In the absence of proof that a person is the duly of higher education, and private organizations or individuals authorized holder of an appropriate registration or order form for the purpose of conducting research, demonstrations, or issued under this chapter, he or she is presumed not to be the special projects which bear directly on misuse and abuse of holder of the registration or form. The burden of proof is controlled substances. upon him or her to rebut the presumption. (c) The commission may enter into contracts for educa- (c) No liability is imposed by this chapter upon any tional and research activities without performance bonds. authorized state, county, or municipal officer, engaged in the (d) The commission may authorize persons engaged in lawful performance of his or her duties. [2012 c 117 § 370; research on the use and effects of controlled substances to 1971 ex.s. c 308 § 69.50.506.] withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who 69.50.507 Judicial review. 69.50.507 Judicial review. All final determinations, obtain this authorization are not compelled in any civil, crim- findings, and conclusions of the commission under this chap- inal, administrative, legislative, or other proceeding to iden- [Title 69 RCW—page 102] 2014 Uniform Controlled Substances Act 69.50.530 tify the individuals who are the subjects of research for which tive samples obtained for evidentiary purposes. Whenever the authorization was obtained. possible, a destruct order covering hazardous substances (e) The commission may authorize the possession and which may be described in general terms shall be obtained distribution of controlled substances by persons engaged in concurrently with a search warrant. Materials that have been research. Persons who obtain this authorization are exempt photographed, fingerprinted, and subsampled by police shall from state prosecution for possession and distribution of con- be destroyed as soon as practical. The department of ecology trolled substances to the extent of the authorization. [2013 c shall make every effort to recover costs from the parties 19 § 111; 1971 ex.s. c 308 § 69.50.508.] responsible for the suspected hazardous substance. All recov- eries shall be deposited in the account or fund from which

69.50.509 Search and seizure of controlled substances. 69.50.509 Search and seizure of controlled sub- contractor payments are made. stances. If, upon the sworn complaint of any person, it shall The department of ecology may adopt rules to carry out be made to appear to any judge of the superior court, district its responsibilities under this section. The department of ecol- court, or municipal court that there is probable cause to ogy shall consult with law enforcement agencies prior to believe that any controlled substance is being used, manufac- adopting any rule or policy relating to this section. [2007 c tured, sold, bartered, exchanged, administered, dispensed, 104 § 17; 1990 c 213 § 13; 1989 c 271 § 228.] delivered, distributed, produced, possessed, given away, fur- Application—Construction—Severability—2007 c 104: See RCW nished or otherwise disposed of or kept in violation of the 64.70.015 and 64.70.900. provisions of this chapter, such judge shall, with or without Additional notes found at www.leg.wa.gov the approval of the prosecuting attorney, issue a warrant directed to any law enforcement officer of the state, com- 69.50.515 Pharmacies—Marijuana—Notification and disposal. Pharmacies—Marijuana—Notification manding him or her to search the premises designated and and disposal. (1) Upon finding one ounce or less of mari- described in such complaint and warrant, and to seize all con- juana inadvertently left at a retail store holding a pharmacy trolled substances there found, together with the vessels in license, the store manager or employee must promptly notify which they are contained, and all implements, furniture and the local law enforcement agency. After notification to the fixtures used or kept for the illegal manufacture, sale, barter, local law enforcement agency, the store manager or exchange, administering, dispensing, delivering, distributing, employee must properly dispose of the marijuana. producing, possessing, giving away, furnishing or otherwise (2) For the purposes of this section, "properly dispose" disposing of such controlled substances, and to safely keep means ensuring that the product is destroyed or rendered the same, and to make a return of said warrant within three incapable of use by another person. [2013 c 133 § 1.] days, showing all acts and things done thereunder, with a par-

ticular statement of all articles seized and the name of the per- 69.50.525 Diversion prevention and control—Report. 69.50.525 son or persons in whose possession the same were found, if 69.50.525 Diversion prevention and control— any, and if no person be found in the possession of said arti- Report. (a) As used in this section, "diversion" means the cles, the returns shall so state. The provisions of RCW transfer of any controlled substance from a licit to an illicit 10.31.030 as now or hereafter amended shall apply to actions channel of distribution or use. taken pursuant to this chapter. [1987 c 202 § 228; 1971 ex.s. (b) The department shall regularly prepare and make c 308 § 69.50.509.] available to other state regulatory, licensing, and law enforce- Intent—1987 c 202: See note following RCW 2.04.190. ment agencies a report on the patterns and trends of actual distribution, diversion, and abuse of controlled substances.

69.50.510 Search and seizure at rental premises—Notification of landlord. 69.50.510 Search and seizure at rental premises— (c) The department shall enter into written agreements Notification of landlord. Whenever a controlled substance with local, state, and federal agencies for the purpose of which is manufactured, distributed, dispensed, or acquired in improving identification of sources of diversion and to violation of this chapter is seized at rental premises, the law improve enforcement of and compliance with this chapter enforcement agency shall make a reasonable attempt to dis- and other laws and regulations pertaining to unlawful con- cover the identity of the landlord and shall notify the landlord duct involving controlled substances. An agreement must in writing, at the last address listed in the property tax records specify the roles and responsibilities of each agency that has and at any other address known by the law enforcement information or authority to identify, prevent, and control drug agency, of the seizure and the location of the seizure. [1988 diversion and drug abuse. The department shall convene peri- c 150 § 9.] odic meetings to coordinate a state diversion prevention and control program. The department shall arrange for coopera- Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130. tion and exchange of information among agencies and with neighboring states and the federal government. [1998 c 245

69.50.511 Cleanup of hazardous substances at illegal drug manufacturing facility—Rules. 69.50.511 Cleanup of hazardous substances at illegal § 109; 1993 c 187 § 20.] drug manufacturing facility—Rules. Law enforcement agencies who during the official investigation or enforcement 69.50.530 Dedicated marijuana fund. Dedicated marijuana fund. (1) There shall of any illegal drug manufacturing facility come in contact be a fund, known as the dedicated marijuana fund, which with or are aware of any substances suspected of being haz- shall consist of all marijuana excise taxes, license fees, penal- ardous as defined in RCW 70.105D.020, shall notify the ties, forfeitures, and all other moneys, income, or revenue department of ecology for the purpose of securing a contrac- received by the state liquor control board from marijuana- tor to identify, clean up, store, and dispose of suspected haz- related activities. The state treasurer shall be custodian of the ardous substances, except for those random and representa- fund. 2014 [Title 69 RCW—page 103] 69.50.535 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(2) All moneys received by the state liquor control board office of the superintendent of public instruction, department or any employee thereof from marijuana-related activities of health, department of commerce, family policy council, shall be deposited each day in a depository approved by the and state liquor control board. The survey shall be conducted state treasurer and transferred to the state treasurer to be cred- at least every two years and include questions regarding, but ited to the dedicated marijuana fund. not necessarily limited to, academic achievement, age at time (3) Disbursements from the dedicated marijuana fund of substance use initiation, antisocial behavior of friends, atti- shall be on authorization of the state liquor control board or a tudes toward antisocial behavior, attitudes toward substance duly authorized representative thereof. [2013 c 3 § 26 (Initia- use, laws and community norms regarding antisocial behav- tive Measure No. 502, approved November 6, 2012).] ior, family conflict, family management, parental attitudes Intent—2013 c 3 (Initiative Measure No. 502): See note following toward substance use, peer rewarding of antisocial behavior, RCW 69.50.101. perceived risk of substance use, and rebelliousness. Funds disbursed under this subsection may be used to expand 69.50.535 Marijuana excise taxes—State liquor control board to review tax levels. 69.50.535 Marijuana excise taxes—State liquor con- administration of the healthy youth survey to student popula- trol board to review tax levels. (1) There is levied and col- tions attending institutions of higher education in Washing- lected a marijuana excise tax equal to twenty-five percent of ton; the selling price on each wholesale sale in this state of mari- (2) Fifty thousand dollars to the department of social and juana by a licensed marijuana producer to a licensed mari- health services for the purpose of contracting with the Wash- juana processor or another licensed marijuana producer. This ington state institute for public policy to conduct the cost- tax is the obligation of the licensed marijuana producer. benefit evaluation and produce the reports described in RCW (2) There is levied and collected a marijuana excise tax 69.50.550. This appropriation shall end after production of equal to twenty-five percent of the selling price on each the final report required by RCW 69.50.550; wholesale sale in this state of marijuana concentrates, useable (3) Five thousand dollars to the University of Washing- marijuana, and marijuana-infused products by a licensed ton alcohol and drug abuse institute for the creation, mainte- marijuana processor to a licensed marijuana retailer. This tax nance, and timely updating of web-based public education is the obligation of the licensed marijuana processor. materials providing medically and scientifically accurate (3) There is levied and collected a marijuana excise tax information about the health and safety risks posed by mari- equal to twenty-five percent of the selling price on each retail juana use; sale in this state of marijuana concentrates, useable mari- (4) An amount not exceeding one million two hundred juana, and marijuana-infused products. This tax is the obliga- fifty thousand dollars to the state liquor control board as is tion of the licensed marijuana retailer, is separate and in addi- necessary for administration of chapter 3, Laws of 2013; tion to general state and local sales and use taxes that apply to (5) Of the funds remaining after the disbursements iden- retail sales of tangible personal property, and is part of the tified in subsections (1) through (4) of this section: total retail price to which general state and local sales and use (a) Fifteen percent to the department of social and health taxes apply. services division of behavioral health and recovery for imple- (4) All revenues collected from the marijuana excise mentation and maintenance of programs and practices aimed taxes imposed under subsections (1) through (3) of this sec- at the prevention or reduction of maladaptive substance use, tion shall be deposited each day in a depository approved by substance-use disorder, substance abuse or substance depen- the state treasurer and transferred to the state treasurer to be dence, as these terms are defined in the Diagnostic and Statis- credited to the dedicated marijuana fund. tical Manual of Mental Disorders, among middle school and (5) The state liquor control board shall regularly review high school age students, whether as an explicit goal of a the tax levels established under this section and make recom- given program or practice or as a consistently corresponding mendations to the legislature as appropriate regarding adjust- effect of its implementation; PROVIDED, That: ments that would further the goal of discouraging use while (i) Of the funds disbursed under (a) of this subsection, at undercutting illegal market prices. [2014 c 192 § 7; 2013 c 3 least eighty-five percent must be directed to evidence-based § 27 (Initiative Measure No. 502, approved November 6, and cost-beneficial programs and practices that produce 2012).] objectively measurable results; and Intent—2013 c 3 (Initiative Measure No. 502): See note following (ii) Up to fifteen percent of the funds disbursed under (a) RCW 69.50.101. of this subsection may be directed to research-based and emerging best practices or promising practices. 69.50.540 Marijuana excise taxes—Disbursements. 69.50.540 Marijuana excise taxes—Disbursements. In deciding which programs and practices to fund, the All marijuana excise taxes collected from sales of marijuana, secretary of the department of social and health services shall useable marijuana, and marijuana-infused products under consult, at least annually, with the University of Washing- RCW 69.50.535, and the license fees, penalties, and forfei- ton's social development research group and the University of tures derived under chapter 3, Laws of 2013 from marijuana Washington's alcohol and drug abuse institute; producer, marijuana processor, and marijuana retailer (b) Ten percent to the department of health for the cre- licenses shall every three months be disbursed by the state ation, implementation, operation, and management of a mar- liquor control board as follows: ijuana education and public health program that contains the (1) One hundred twenty-five thousand dollars to the following: department of social and health services to design and admin- (i) A marijuana use public health hotline that provides ister the Washington state healthy youth survey, analyze the referrals to substance abuse treatment providers, utilizes evi- collected data, and produce reports, in collaboration with the dence-based or research-based public health approaches to [Title 69 RCW—page 104] 2014 Uniform Controlled Substances Act 69.50.601 minimizing the harms associated with marijuana use, and regulations and the relegation of marijuana to the same illegal does not solely advocate an abstinence-only approach; market as potentially more dangerous substances; and (ii) A grants program for local health departments or (iii) The impact of increased investment in the research, other local community agencies that supports development evaluation, education, prevention and intervention programs, and implementation of coordinated intervention strategies for practices, and campaigns identified in RCW 69.50.363 on the prevention and reduction of marijuana use by youth; and rates of marijuana-related maladaptive substance use and (iii) Media-based education campaigns across television, diagnosis of marijuana-related substance-use disorder, sub- internet, radio, print, and out-of-home advertising, separately stance abuse, or substance dependence, as these terms are targeting youth and adults, that provide medically and scien- defined in the Diagnostic and Statistical Manual of Mental tifically accurate information about the health and safety Disorders; risks posed by marijuana use; (b) Public safety, to include but not be limited to: (c) Six-tenths of one percent to the University of Wash- (i) Public safety issues relating to marijuana use; and ington and four-tenths of one percent to Washington State (ii) Public safety issues relating to criminal prohibition University for research on the short and long-term effects of of marijuana; marijuana use, to include but not be limited to formal and (c) Youth and adult rates of the following: informal methods for estimating and measuring intoxication (i) Marijuana use; and impairment, and for the dissemination of such research; (ii) Maladaptive use of marijuana; and (d) Fifty percent to the state basic health plan trust (iii) Diagnosis of marijuana-related substance-use disor- account to be administered by the Washington basic health der, substance abuse, or substance dependence, including pri- plan administrator and used as provided under chapter 70.47 mary, secondary, and tertiary choices of substance; RCW; (d) Economic impacts in the private and public sectors, (e) Five percent to the Washington state health care including but not limited to: authority to be expended exclusively through contracts with (i) Jobs creation; community health centers to provide primary health and den- (ii) Workplace safety; tal care services, migrant health services, and maternity (iii) Revenues; and health care services as provided under RCW 41.05.220; (iv) Taxes generated for state and local budgets; (f) Three-tenths of one percent to the office of the super- (e) Criminal justice impacts, to include but not be limited intendent of public instruction to fund grants to building to: bridges programs under chapter 28A.175 RCW; and (i) Use of public resources like law enforcement officers (g) The remainder to the general fund. [2013 c 3 § 28 and equipment, prosecuting attorneys and public defenders, (Initiative Measure No. 502, approved November 6, 2012).] judges and court staff, the Washington state patrol crime lab and identification and criminal history section, jails and pris- Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101. ons, and misdemeanant and felon supervision officers to enforce state criminal laws regarding marijuana; and 69.50.545 Departments of social and health services, health—AdoptionDepartments of rules for disbursement of marijuana excise taxes. of social and health services, (ii) Short and long-term consequences of involvement in health—Adoption of rules for disbursement of marijuana the criminal justice system for persons accused of crimes excise taxes. The department of social and health services relating to marijuana, their families, and their communities; and the department of health shall, by December 1, 2013, and adopt rules not inconsistent with the spirit of chapter 3, Laws (f) State and local agency administrative costs and reve- of 2013 as are deemed necessary or advisable to carry into nues. [2013 c 3 § 30 (Initiative Measure No. 502, approved effect the provisions of RCW 69.50.540. [2013 c 3 § 29 (Ini- November 6, 2012).] tiative Measure No. 502, approved November 6, 2012).] Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101. Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101. ARTICLE VI

69.50.550 Cost-benefit evaluations. MISCELLANEOUS 69.50.550 Cost-benefit evaluations. (1) The Washing-

69.50.601 Pending proceedings. ton state institute for public policy shall conduct cost-benefit 69.50.601 Pending proceedings. (a) Prosecution for evaluations of the implementation of chapter 3, Laws of any violation of law occurring prior to May 21, 1971 is not 2013. A preliminary report, and recommendations to appro- affected or abated by this chapter. If the offense being prose- priate committees of the legislature, shall be made by Sep- cuted is similar to one set out in Article IV of this chapter, tember 1, 2015, and the first final report with recommenda- then the penalties under Article IV apply if they are less than tions by September 1, 2017. Subsequent reports shall be due those under prior law. September 1, 2022, and September 1, 2032. (b) Civil seizures or forfeitures and injunctive proceed- (2) The evaluation of the implementation of chapter 3, ings commenced prior to May 21, 1971 are not affected by Laws of 2013 shall include, but not necessarily be limited to, this chapter. consideration of the following factors: (c) All administrative proceedings pending under prior (a) Public health, to include but not be limited to: laws which are superseded by this chapter shall be continued (i) Health costs associated with marijuana use; and brought to a final determination in accord with the laws (ii) Health costs associated with criminal prohibition of and rules in effect prior to May 21, 1971. Any substance con- marijuana, including lack of product safety or quality control trolled under prior law which is not listed within Schedules I 2014 [Title 69 RCW—page 105] 69.50.602 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons through V, is automatically controlled without further pro- (10) Section 1, chapter 6, Laws of 1939, section 1, chap- ceedings and shall be listed in the appropriate schedule. ter 29, Laws of 1939, section 1, chapter 57, Laws of 1945, (d) The commission shall initially permit persons to reg- section 1, chapter 24, Laws of 1955, section 1, chapter 49, ister who own or operate any establishment engaged in the Laws of 1961, section 1, chapter 71, Laws of 1967, section 9, manufacture, distribution, or dispensing of any controlled chapter 256, Laws of 1969 ex. sess. and RCW 69.40.060; substance prior to May 21, 1971 and who are registered or (11) Section 1, chapter 23, Laws of 1955, section 2, licensed by the state. chapter 49, Laws of 1961, section 2, chapter 71, Laws of (e) This chapter applies to violations of law, seizures and 1967 and RCW 69.40.061; forfeiture, injunctive proceedings, administrative proceed- (12) Section 21, chapter 38, Laws of 1963 and RCW ings and investigations which occur following May 21, 1971. 69.40.063; [2013 c 19 § 112; 1971 ex.s. c 308 § 69.50.601.] (13) Section 2, chapter 6, Laws of 1939, section 23, chapter 38, Laws of 1963, section 10, chapter 256, Laws of

69.50.602 Continuation of rules. 69.50.602 Continuation of rules. Any orders and rules 1969 ex. sess. and RCW 69.40.070; promulgated under any law affected by this chapter and in (14) Section 12, chapter 256, Laws of 1969 ex. sess. and effect on May 21, 1971 and not in conflict with it continue in RCW 69.40.075; effect until modified, superseded or repealed. [1971 ex.s. c (15) Section 1, chapter 205, Laws of 1963 and RCW 308 § 69.50.602.] 69.40.080; (16) Section 2, chapter 205, Laws of 1963 and RCW

69.50.603 Uniformity of interpretation. 69.50.603 Uniformity of interpretation. This chapter 69.40.090; shall be so applied and construed as to effectuate its general (17) Section 3, chapter 205, Laws of 1963 and RCW purpose to make uniform the law with respect to the subject 69.40.100; of this chapter among those states which enact it. [1971 ex.s. (18) Section 11, chapter 256, Laws of 1969 ex. sess. and c 308 § 69.50.603.] RCW 69.40.110; (19) Section 1, chapter 33, Laws of 1970 ex. sess. and 69.50.604 Short title. 69.50.604 Short title. This chapter may be cited as the RCW 69.40.120; and Uniform Controlled Substances Act. [1971 ex.s. c 308 § (20) Section 1, chapter 80, Laws of 1970 ex. sess. [1971 69.50.604.] ex.s. c 308 § 69.50.606.]

69.50.605 Severability—1971 ex.s. c 308. 69.50.607 Effective date—1971 ex.s. c 308. 69.50.605 Severability—1971 ex.s. c 308. If any pro- 69.50.607 Effective date—1971 ex.s. c 308. This act is vision of this act or the application thereof to any person or necessary for the immediate preservation of the public peace, circumstance is held invalid, the invalidity does not affect health and safety, the support of the state government and its other provisions or applications of the act which can be given existing public institutions, and shall take effect immediately. effect without the invalid provision or application, and to this [1971 ex.s. c 308 § 69.50.607.] end the provisions of this act are severable. [1971 ex.s. c 308

69.50.608 State preemption. § 69.50.605.] 69.50.608 State preemption. The state of Washington fully occupies and preempts the entire field of setting penal- 69.50.606 Repealers. 69.50.606 Repealers. The laws specified below are ties for violations of the controlled substances act. Cities, repealed except with respect to rights and duties which towns, and counties or other municipalities may enact only matured, penalties which were incurred and proceedings those laws and ordinances relating to controlled substances which were begun before the effective date of this act: that are consistent with this chapter. Such local ordinances (1) Section 2072, Code of 1881, section 418, chapter shall have the same penalties as provided for by state law. 249, Laws of 1909, section 4, chapter 205, Laws of 1963 and Local laws and ordinances that are inconsistent with the RCW 9.91.030; requirements of state law shall not be enacted and are pre- (2) Section 69.33.220, chapter 27, Laws of 1959, section empted and repealed, regardless of the nature of the code, 7, chapter 256, Laws of 1969 ex. sess. and RCW 69.33.220; charter, or home rule status of the city, town, county, or (3) Sections 69.33.230 through 69.33.280, chapter 27, municipality. [1989 c 271 § 601.] Laws of 1959 and RCW 69.33.230 through 69.33.280; 69.50.609 Captions not law—1993 c 187. (4) Section 69.33.290, chapter 27, Laws of 1959, section 69.50.609 Captions not law—1993 c 187. Section cap- 1, chapter 97, Laws of 1959 and RCW 69.33.290; tions as used in this act constitute no part of the law. [1993 c (5) Section 69.33.300, chapter 27, Laws of 1959, section 187 § 23.] 8, chapter 256, Laws of 1969 ex. sess. and RCW 69.33.300;

(6) Sections 69.33.310 through 69.33.400, chapter 27, Chapter 69.51 Chapter 69.51 RCW Laws of 1959 and RCW 69.33.310 through 69.33.400; 69.51 CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT CONTROLLED SUBSTANCES (7) Section 69.33.410, chapter 27, Laws of 1959, section THERAPEUTIC RESEARCH ACT 20, chapter 38, Laws of 1963 and RCW 69.33.410; (8) Sections 69.33.420 through 69.33.440, 69.33.900 Sections through 69.33.950, chapter 27, Laws of 1959 and RCW 69.51.010 Short title. 69.33.420 through 69.33.440, 69.33.900 through 69.33.950; 69.51.020 Legislative purpose. 69.51.030 Definitions. (9) Section 255, chapter 249, Laws of 1909 and RCW 69.51.040 Controlled substances therapeutic research program. 69.40.040; 69.51.050 Patient qualification review committee. [Title 69 RCW—page 106] 2014 Controlled Substances Therapeutic Research Act 69.51.060

69.51.060 Sources and distribution of marijuana. committee to serve at its pleasure. The patient qualification 69.51.080 Cannabis and related products considered Schedule II substances. review committee shall be comprised of: (a) A physician licensed to practice medicine in Wash-

69.51.010 Short title. 69.51.010 Short title. This chapter may be cited as the ington state and specializing in the practice of ophthalmol- Controlled Substances Therapeutic Research Act. [1979 c ogy; 136 § 1.] (b) A physician licensed to practice medicine in Wash- ington state and specializing in the subspecialty of medical

69.51.020 Legislative purpose. 69.51.020 Legislative purpose. The legislature finds oncology; that recent research has shown that the use of marijuana may (c) A physician licensed to practice medicine in Wash- alleviate the nausea and ill effects of cancer chemotherapy ington state and specializing in the practice of psychiatry; and and radiology, and, additionally, may alleviate the ill effects (d) A physician licensed to practice medicine in Wash- of glaucoma. The legislature further finds that there is a need ington state and specializing in the practice of radiology. for further research and experimentation regarding the use of Members of the committee shall be compensated at the marijuana under strictly controlled circumstances. It is for rate of fifty dollars per day for each day spent in the perfor- this purpose that the Controlled Substances Therapeutic mance of their official duties, and shall receive reimburse- Research Act is hereby enacted. [1979 c 136 § 2.] ment for their travel expenses as provided in RCW 43.03.050

69.51.030 Definitions. and 43.03.060. 69.51.030 Definitions. As used in this chapter: (2) The patient qualification review committee shall (1) "Commission" means the pharmacy quality assur- review all applicants for the controlled substance therapeutic ance commission; research program and their licensed practitioners and certify (2) "Department" means the department of health; their participation in the program. (3) "Marijuana" means all parts of the plant of the genus Cannabis L., whether growing or not, the seeds thereof, the (3) The patient qualification review committee and the resin extracted from any part of the plant, and every com- commission shall insure that the privacy of individuals who pound, manufacture, salt, derivative, mixture, or preparation participate in the controlled substance therapeutic research of the plant, its seeds, or resin; and program is protected by withholding from all persons not connected with the conduct of the research the names and (4) "Practitioner" means a physician licensed pursuant to other identifying characteristics of such individuals. Persons chapter 18.71 or 18.57 RCW. [2013 c 19 § 113; 1989 1st authorized to engage in research under the controlled sub- ex.s. c 9 § 438; 1979 c 136 § 3.] stance therapeutic research program may not be compelled in Additional notes found at www.leg.wa.gov any civil, criminal, administrative, legislative, or other pro-

69.51.040 Controlled substances therapeutic research program. ceeding to identify the individuals who are the subjects of 69.51.040 69.51.040 Controlled substances therapeutic research for which the authorization was granted, except to research program. (1) There is established in the commis- the extent necessary to permit the commission to determine sion the controlled substances therapeutic research program. whether the research is being conducted in accordance with The program shall be administered by the department. The the authorization. commission shall promulgate rules necessary for the proper (4) The patient qualification review committee may administration of the Controlled Substances Therapeutic include other disease groups for participation in the con- Research Act. In such promulgation, the commission shall trolled substances therapeutic research program after perti- take into consideration those pertinent rules promulgated by nent medical data have been presented by a practitioner to the United States drug enforcement agency, the food and both the committee and the commission, and after approval drug administration, and the national institute on drug abuse. for such participation has been granted pursuant to pertinent (2) Except as provided in RCW 69.51.050(4), the con- rules promulgated by the United States drug enforcement trolled substances therapeutic research program shall be lim- agency, the food and drug administration, and the national ited to cancer chemotherapy and radiology patients and glau- institute on drug abuse. [2013 c 19 § 115; 1979 c 136 § 5.] coma patients, who are certified to the patient qualification review committee by a practitioner as being involved in a 69.51.060 Sources and distribution of marijuana. life-threatening or sense-threatening situation. No patient 69.51.060 Sources and distribution of marijuana. (1) may be admitted to the controlled substances therapeutic The commission shall obtain marijuana through whatever research program without full disclosure by the practitioner means it deems most appropriate and consistent with regula- of the experimental nature of this program and of the possible tions promulgated by the United States food and drug admin- risks and side effects of the proposed treatment in accordance istration, the drug enforcement agency, and the national insti- with the informed consent provisions of chapter 7.70 RCW. tute on drug abuse, and pursuant to the provisions of this (3) The commission shall provide by rule for a program chapter. of registration with the department of bona fide controlled (2) The commission may use marijuana which has been substance therapeutic research projects. [2013 c 19 § 114; confiscated by local or state law enforcement agencies and 1989 1st ex.s. c 9 § 439; 1979 c 136 § 4.] has been determined to be free from contamination. Additional notes found at www.leg.wa.gov (3) The commission shall distribute the analyzed marijuana to approved practitioners and/or institutions in accor- 69.51.050 Patient qualification review committee. 69.51.050 Patient qualification review committee. (1) dance with rules promulgated by the commission. [2013 c 19 The commission shall appoint a patient qualification review § 116; 1979 c 136 § 6.] 2014 [Title 69 RCW—page 107] 69.51.080 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.51.080 Cannabis and related products considered Schedule II substances. 69.51.080 Cannabis and related products considered upon their health care professional's professional medical Schedule II substances. (1) The enumeration of tetrahydro- judgment and discretion. cannabinols, or a chemical derivative of tetrahydrocannabi- (2) Therefore, the legislature intends that: nols in RCW 69.50.204 as a Schedule I controlled substance (a) Qualifying patients with terminal or debilitating med- does not apply to the use of cannabis, tetrahydrocannabinols, ical conditions who, in the judgment of their health care pro- or a chemical derivative of tetrahydrocannabinols by certified fessionals, may benefit from the medical use of cannabis, patients pursuant to the provisions of this chapter. shall not be arrested, prosecuted, or subject to other criminal (2) Cannabis, tetrahydrocannabinols, or a chemical sanctions or civil consequences under state law based solely derivative of tetrahydrocannabinols shall be considered on their medical use of cannabis, notwithstanding any other Schedule II substances as enumerated in RCW 69.50.206 provision of law; only for the purposes enumerated in this chapter. [1979 c 136 (b) Persons who act as designated providers to such § 8.] patients shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state Chapter 69.51A Chapter 69.51A RCW law, notwithstanding any other provision of law, based solely 69.51A MEDICAL CANNABIS MEDICAL CANNABIS on their assisting with the medical use of cannabis; and (Formerly: Medical marijuana) (c) Health care professionals shall also not be arrested, Sections prosecuted, or subject to other criminal sanctions or civil consequences under state law for the proper authorization of 69.51A.005 Purpose and intent. 69.51A.010 Definitions. medical use of cannabis by qualifying patients for whom, in 69.51A.020 Construction of chapter. the health care professional's professional judgment, the 69.51A.025 Construction of chapter—Compliance with RCW 69.51A.040. medical use of cannabis may prove beneficial. 69.51A.030 Acts not constituting crimes or unprofessional conduct— Health care professionals not subject to penalties or liabili- (3) Nothing in this chapter establishes the medical neces- ties. sity or medical appropriateness of cannabis for treating termi- 69.51A.040 Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not nal or debilitating medical conditions as defined in RCW subject to liability. 69.51A.010. 69.51A.043 Failure to register—Affirmative defense. (4) Nothing in this chapter diminishes the authority of 69.51A.045 Possession of cannabis exceeding lawful amount—Affirma- tive defense. correctional agencies and departments, including local gov- 69.51A.047 Failure to register or present valid documentation—Affirma- ernments or jails, to establish a procedure for determining tive defense. 69.51A.050 Medical marijuana, lawful possession—State not liable. when the use of cannabis would impact community safety or 69.51A.055 Limitations of chapter—Persons under supervision. the effective supervision of those on active supervision for a 69.51A.060 Crimes—Limitations of chapter. criminal conviction, nor does it create the right to any accom- 69.51A.070 Addition of medical conditions. 69.51A.085 Collective gardens. modation of any medical use of cannabis in any correctional 69.51A.090 Applicability of valid documentation definition. facility or jail. [2011 c 181 § 102; 2010 c 284 § 1; 2007 c 371 69.51A.100 Qualifying patient's designation of provider—Provider's ser- § 2; 1999 c 2 § 2 (Initiative Measure No. 692, approved vice as designated provider—Termination. 69.51A.110 Suitability for organ transplant. November 3, 1998).] 69.51A.120 Parental rights or residential time—Not to be restricted. Intent—2007 c 371: "The legislature intends to clarify the law on med- 69.51A.130 State and municipalities—Not subject to liability. ical marijuana so that the lawful use of this substance is not impaired and 69.51A.140 Counties, cities, towns—Authority to adopt and enforce medical practitioners are able to exercise their best professional judgment in requirements. the delivery of medical treatment, qualifying patients may fully participate in 69.51A.200 Evaluation. 69.51A.900 Short title—1999 c 2. the medical use of marijuana, and designated providers may assist patients in 69.51A.901 Severability—1999 c 2. the manner provided by this act without fear of state criminal prosecution. 69.51A.902 Captions not law—1999 c 2. This act is also intended to provide clarification to law enforcement and to all 69.51A.903 Severability—2011 c 181. participants in the judicial system." [2007 c 371 § 1.]

69.51A.010 Definitions. 69.51A.005 Purpose and intent. 69.51A.010 69.51A.005 Purpose and intent. (1) The legislature 69.51A.010 Definitions. The definitions in this section finds that: apply throughout this chapter unless the context clearly (a) There is medical evidence that some patients with ter- requires otherwise. minal or debilitating medical conditions may, under their (1) "Designated provider" means a person who: health care professional's care, benefit from the medical use (a) Is eighteen years of age or older; of cannabis. Some of the conditions for which cannabis (b) Has been designated in writing by a patient to serve appears to be beneficial include, but are not limited to: as a designated provider under this chapter; (i) Nausea, vomiting, and cachexia associated with can- (c) Is prohibited from consuming marijuana obtained for cer, HIV-positive status, AIDS, hepatitis C, anorexia, and the personal, medical use of the patient for whom the individ- their treatments; ual is acting as designated provider; and (ii) Severe muscle spasms associated with multiple scle- (d) Is the designated provider to only one patient at any rosis, epilepsy, and other seizure and spasticity disorders; one time. (iii) Acute or chronic glaucoma; (2) "Health care professional," for purposes of this chap- (iv) Crohn's disease; and ter only, means a physician licensed under chapter 18.71 (v) Some forms of intractable pain. RCW, a physician assistant licensed under chapter 18.71A (b) Humanitarian compassion necessitates that the deci- RCW, an osteopathic physician licensed under chapter 18.57 sion to use cannabis by patients with terminal or debilitating RCW, an osteopathic physicians' assistant licensed under medical conditions is a personal, individual decision, based chapter 18.57A RCW, a naturopath licensed under chapter [Title 69 RCW—page 108] 2014 Medical Cannabis 69.51A.030

18.36A RCW, or an advanced registered nurse practitioner alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (s) to licensed under chapter 18.79 RCW. subsection (t). (3) "Medical use of marijuana" means the production, Intent—2007 c 371: See note following RCW 69.51A.005. possession, or administration of marijuana, as defined in 69.51A.020 Construction of chapter. 69.51A.020 *RCW 69.50.101(q), for the exclusive benefit of a qualifying 69.51A.020 Construction of chapter. Nothing in this patient in the treatment of his or her terminal or debilitating chapter shall be construed to supersede Washington state law illness. prohibiting the acquisition, possession, manufacture, sale, or (4) "Qualifying patient" means a person who: use of cannabis for nonmedical purposes. Criminal penalties (a) Is a patient of a health care professional; created under chapter 181, Laws of 2011 do not preclude the prosecution or punishment for other crimes, including other (b) Has been diagnosed by that health care professional crimes involving the manufacture or delivery of cannabis for as having a terminal or debilitating medical condition; nonmedical purposes. [2011 c 181 § 103; 1999 c 2 § 3 (Ini- (c) Is a resident of the state of Washington at the time of tiative Measure No. 692, approved November 3, 1998).] such diagnosis;

69.51A.025 Construction of chapter—Compliance with RCW 69.51A.040. (d) Has been advised by that health care professional 69.51A.025 Construction of chapter—Compliance about the risks and benefits of the medical use of marijuana; with RCW 69.51A.040. Nothing in this chapter or in the and rules adopted to implement it precludes a qualifying patient (e) Has been advised by that health care professional that or designated provider from engaging in the private, unli- they may benefit from the medical use of marijuana. censed, noncommercial production, possession, transporta- (5) "Tamper-resistant paper" means paper that meets one tion, delivery, or administration of cannabis for medical use or more of the following industry-recognized features: as authorized under RCW 69.51A.040. [2011 c 181 § 413.] (a) One or more features designed to prevent copying of

69.51A.030 Acts not constituting crimes or unprofessional conduct—Health care professionals not subject to penalties or liabilities. the paper; 69.51A.030 Acts not constituting crimes or unprofes- (b) One or more features designed to prevent the erasure sional conduct—Health care professionals not subject to or modification of information on the paper; or penalties or liabilities. (1) The following acts do not consti- (c) One or more features designed to prevent the use of tute crimes under state law or unprofessional conduct under counterfeit valid documentation. chapter 18.130 RCW, and a health care professional may not (6) "Terminal or debilitating medical condition" means: be arrested, searched, prosecuted, disciplined, or subject to (a) Cancer, human immunodeficiency virus (HIV), mul- other criminal sanctions or civil consequences or liability tiple sclerosis, epilepsy or other seizure disorder, or spasticity under state law, or have real or personal property searched, disorders; or seized, or forfeited pursuant to state law, notwithstanding any (b) Intractable pain, limited for the purpose of this chap- other provision of law as long as the health care professional ter to mean pain unrelieved by standard medical treatments complies with subsection (2) of this section: and medications; or (a) Advising a patient about the risks and benefits of (c) Glaucoma, either acute or chronic, limited for the medical use of cannabis or that the patient may benefit from purpose of this chapter to mean increased intraocular pres- the medical use of cannabis; or sure unrelieved by standard treatments and medications; or (b) Providing a patient meeting the criteria established (d) Crohn's disease with debilitating symptoms unre- under *RCW 69.51A.010(26) with valid documentation, lieved by standard treatments or medications; or based upon the health care professional's assessment of the (e) Hepatitis C with debilitating nausea or intractable patient's medical history and current medical condition, pain unrelieved by standard treatments or medications; or where such use is within a professional standard of care or in (f) Diseases, including anorexia, which result in nausea, the individual health care professional's medical judgment. vomiting, wasting, appetite loss, cramping, seizures, muscle (2)(a) A health care professional may only provide a spasms, or spasticity, when these symptoms are unrelieved patient with valid documentation authorizing the medical use by standard treatments or medications; or of cannabis or register the patient with the registry estab- (g) Any other medical condition duly approved by the lished in **section 901 of this act if he or she has a newly ini- Washington state medical quality assurance commission in tiated or existing documented relationship with the patient, as consultation with the board of osteopathic medicine and sur- a primary care provider or a specialist, relating to the diagno- gery as directed in this chapter. sis and ongoing treatment or monitoring of the patient's ter- (7) "Valid documentation" means: minal or debilitating medical condition, and only after: (a) A statement signed and dated by a qualifying patient's (i) Completing a physical examination of the patient as health care professional written on tamper-resistant paper, appropriate, based on the patient's condition and age; which states that, in the health care professional's profes- (ii) Documenting the terminal or debilitating medical sional opinion, the patient may benefit from the medical use condition of the patient in the patient's medical record and of marijuana; and that the patient may benefit from treatment of this condition (b) Proof of identity such as a Washington state driver's or its symptoms with medical use of cannabis; license or identicard, as defined in RCW 46.20.035. [2010 c (iii) Informing the patient of other options for treating 284 § 2; 2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. the terminal or debilitating medical condition; and 692, approved November 3, 1998).] (iv) Documenting other measures attempted to treat the *Reviser's note: RCW 69.50.101 was amended by 2013 c 3 § 2, chang- terminal or debilitating medical condition that do not involve ing subsection (q) to subsection (s). RCW 69.50.101 was subsequently the medical use of cannabis. 2014 [Title 69 RCW—page 109] 69.51A.040 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(b) A health care professional shall not: this subsection, whether the plants, useable cannabis, and (i) Accept, solicit, or offer any form of pecuniary remu- cannabis product are possessed individually or in combina- neration from or to a licensed dispenser, licensed producer, or tion between the qualifying patient and his or her designated licensed processor of cannabis products; provider; (ii) Offer a discount or any other thing of value to a qual- (2) The qualifying patient or designated provider pres- ifying patient who is a customer of, or agrees to be a customer ents his or her proof of registration with the department of of, a particular licensed dispenser, licensed producer, or health, to any peace officer who questions the patient or pro- licensed processor of cannabis products; vider regarding his or her medical use of cannabis; (iii) Examine or offer to examine a patient for purposes (3) The qualifying patient or designated provider keeps a of diagnosing a terminal or debilitating medical condition at copy of his or her proof of registration with the registry estab- a location where cannabis is produced, processed, or dis- lished in *section 901 of this act and the qualifying patient or pensed; designated provider's contact information posted prominently (iv) Have a business or practice which consists solely of next to any cannabis plants, cannabis products, or useable authorizing the medical use of cannabis; cannabis located at his or her residence; (v) Include any statement or reference, visual or other- (4) The investigating peace officer does not possess evi- wise, on the medical use of cannabis in any advertisement for dence that: his or her business or practice; or (a) The designated provider has converted cannabis pro- (vi) Hold an economic interest in an enterprise that produced or obtained for the qualifying patient for his or her own duces, processes, or dispenses cannabis if the health care pro- personal use or benefit; or fessional authorizes the medical use of cannabis. (b) The qualifying patient has converted cannabis pro- (3) A violation of any provision of subsection (2) of this duced or obtained for his or her own medical use to the qual- section constitutes unprofessional conduct under chapter ifying patient's personal, nonmedical use or benefit; 18.130 RCW. [2011 c 181 § 301; 2010 c 284 § 3; 2007 c 371 (5) The investigating peace officer does not possess evi- § 4; 1999 c 2 § 4 (Initiative Measure No. 692, approved dence that the designated provider has served as a designated November 3, 1998).] provider to more than one qualifying patient within a fifteen- Reviser's note: *(1) RCW 69.51A.010(26) is a reference to the defini- day period; and tion of "qualifying patient" which was amended and renumbered by 2011 c 181 § 201, but the section was vetoed by the governor. (6) The investigating peace officer has not observed evi- **(2) The section creating a registry, 2011 c 181 § 901, was vetoed by dence of any of the circumstances identified in *section the governor. 901(4) of this act. [2011 c 181 § 401; 2007 c 371 § 5; 1999 c Intent—2007 c 371: See note following RCW 69.51A.005. 2 § 5 (Initiative Measure No. 692, approved November 3, 1998).] 69.51A.040 Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not subject to liability. 69.51A.040 Compliance with chapter—Qualifying *Reviser's note: Section 901 of this act was vetoed by the governor. patients and designated providers not subject to penal- Intent—2007 c 371: See note following RCW 69.51A.005. ties—Law enforcement not subject to liability. The medi- 69.51A.043 Failure to register—Affirmative defense. cal use of cannabis in accordance with the terms and condi- 69.51A.043 Failure to register—Affirmative defense. tions of this chapter does not constitute a crime and a qualify- (1) A qualifying patient or designated provider who is not ing patient or designated provider in compliance with the registered with the registry established in *section 901 of this terms and conditions of this chapter may not be arrested, act may raise the affirmative defense set forth in subsection prosecuted, or subject to other criminal sanctions or civil con- (2) of this section, if: sequences, for possession, manufacture, or delivery of, or for (a) The qualifying patient or designated provider pres- possession with intent to manufacture or deliver, cannabis ents his or her valid documentation to any peace officer who under state law, or have real or personal property seized or questions the patient or provider regarding his or her medical forfeited for possession, manufacture, or delivery of, or for use of cannabis; possession with intent to manufacture or deliver, cannabis (b) The qualifying patient or designated provider pos- under state law, and investigating peace officers and law sesses no more cannabis than the limits set forth in RCW enforcement agencies may not be held civilly liable for fail- 69.51A.040(1); ure to seize cannabis in this circumstance, if: (c) The qualifying patient or designated provider is in (1)(a) The qualifying patient or designated provider pos- compliance with all other terms and conditions of this chap- sesses no more than fifteen cannabis plants and: ter; (i) No more than twenty-four ounces of useable canna- (d) The investigating peace officer does not have proba- bis; ble cause to believe that the qualifying patient or designated (ii) No more cannabis product than what could reason- provider has committed a felony, or is committing a misde- ably be produced with no more than twenty-four ounces of meanor in the officer's presence, that does not relate to the useable cannabis; or medical use of cannabis; (iii) A combination of useable cannabis and cannabis (e) No outstanding warrant for arrest exists for the qual- product that does not exceed a combined total representing ifying patient or designated provider; and possession and processing of no more than twenty-four (f) The investigating peace officer has not observed evi- ounces of useable cannabis. dence of any of the circumstances identified in *section (b) If a person is both a qualifying patient and a desig- 901(4) of this act. nated provider for another qualifying patient, the person may (2) A qualifying patient or designated provider who is possess no more than twice the amounts described in (a) of not registered with the registry established in *section 901 of [Title 69 RCW—page 110] 2014 Medical Cannabis 69.51A.060 this act, but who presents his or her valid documentation to (3) The state shall not be held liable for any deleterious any peace officer who questions the patient or provider outcomes from the medical use of marijuana by any qualify- regarding his or her medical use of cannabis, may assert an ing patient. [1999 c 2 § 7 (Initiative Measure No. 692, affirmative defense to charges of violations of state law relat- approved November 3, 1998).] ing to cannabis through proof at trial, by a preponderance of

69.51A.055 Limitations of chapter—Persons under supervision. the evidence, that he or she otherwise meets the requirements 69.51A.055 Limitations of chapter—Persons under of RCW 69.51A.040. A qualifying patient or designated pro- supervision. (1)(a) The arrest and prosecution protections vider meeting the conditions of this subsection but possessing established in RCW 69.51A.040 may not be asserted in a more cannabis than the limits set forth in RCW supervision revocation or violation hearing by a person who 69.51A.040(1) may, in the investigating peace officer's dis- is supervised by a corrections agency or department, includ- cretion, be taken into custody and booked into jail in connec- ing local governments or jails, that has determined that the tion with the investigation of the incident. [2011 c 181 § terms of this section are inconsistent with and contrary to his 402.] or her supervision. *Reviser's note: Section 901 of this act was vetoed by the governor. (b) The affirmative defenses established in RCW 69.51A.043, 69.51A.045, 69.51A.047, and *section 407 of 69.51A.045 Possession of cannabis exceeding lawful amount—Affirmative Possession defense. of cannabis exceeding lawful this act may not be asserted in a supervision revocation or amount—Affirmative defense. A qualifying patient or des- violation hearing by a person who is supervised by a correc- ignated provider in possession of cannabis plants, useable tions agency or department, including local governments or cannabis, or cannabis product exceeding the limits set forth in jails, that has determined that the terms of this section are RCW 69.51A.040(1) but otherwise in compliance with all inconsistent with and contrary to his or her supervision. other terms and conditions of this chapter may establish an (2) The provisions of RCW 69.51A.040, 69.51A.085, affirmative defense to charges of violations of state law relat- and 69.51A.025 do not apply to a person who is supervised ing to cannabis through proof at trial, by a preponderance of for a criminal conviction by a corrections agency or depart- the evidence, that the qualifying patient's necessary medical ment, including local governments or jails, that has deter- use exceeds the amounts set forth in RCW 69.51A.040(1). mined that the terms of this chapter are inconsistent with and An investigating peace officer may seize cannabis plants, contrary to his or her supervision. useable cannabis, or cannabis product exceeding the amounts (3) A person may not be licensed as a licensed producer, set forth in RCW 69.51A.040(1): PROVIDED, That in the licensed processor of cannabis products, or a licensed dis- case of cannabis plants, the qualifying patient or designated penser under *section 601, 602, or 701 of this act if he or she provider shall be allowed to select the plants that will remain is supervised for a criminal conviction by a corrections at the location. The officer and his or her law enforcement agency or department, including local governments or jails, agency may not be held civilly liable for failure to seize can- that has determined that licensure is inconsistent with and nabis in this circumstance. [2011 c 181 § 405.] contrary to his or her supervision. [2011 c 181 § 1105.] *Reviser's note: Sections 407, 601, 602, and 701 were vetoed by the 69.51A.047 Failure to register or present valid documentation—Affirmative Failure defense. to register or present valid docu- governor. mentation—Affirmative defense. A qualifying patient or 69.51A.060 Crimes—Limitations of chapter. 69.51A.060 designated provider who is not registered with the registry 69.51A.060 Crimes—Limitations of chapter. (1) It established in *section 901 of this act or does not present his shall be a class 3 civil infraction to use or display medical or her valid documentation to a peace officer who questions cannabis in a manner or place which is open to the view of the the patient or provider regarding his or her medical use of general public. cannabis but is in compliance with all other terms and condi- (2) Nothing in this chapter establishes a right of care as a tions of this chapter may establish an affirmative defense to covered benefit or requires any state purchased health care as charges of violations of state law relating to cannabis through defined in RCW 41.05.011 or other health carrier or health proof at trial, by a preponderance of the evidence, that he or plan as defined in Title 48 RCW to be liable for any claim for she was a validly authorized qualifying patient or designated reimbursement for the medical use of cannabis. Such entities provider at the time of the officer's questioning. A qualifying may enact coverage or noncoverage criteria or related poli- patient or designated provider who establishes an affirmative cies for payment or nonpayment of medical cannabis in their defense under the terms of this section may also establish an sole discretion. affirmative defense under RCW 69.51A.045. [2011 c 181 § (3) Nothing in this chapter requires any health care pro- 406.] fessional to authorize the medical use of cannabis for a *Reviser's note: The section creating a registry, 2011 c 181 § 901, was patient. vetoed by the governor. (4) Nothing in this chapter requires any accommodation of any on-site medical use of cannabis in any place of 69.51A.050 Medical marijuana, lawful possession—State not liable. Medical marijuana, lawful possession— employment, in any school bus or on any school grounds, in State not liable. (1) The lawful possession or manufacture any youth center, in any correctional facility, or smoking can- of medical marijuana as authorized by this chapter shall not nabis in any public place or hotel or motel. result in the forfeiture or seizure of any property. (5) Nothing in this chapter authorizes the use of medical (2) No person shall be prosecuted for constructive pos- cannabis by any person who is subject to the Washington session, conspiracy, or any other criminal offense solely for code of military justice in chapter 38.38 RCW. being in the presence or vicinity of medical marijuana or its (6) Employers may establish drug-free work policies. use as authorized by this chapter. Nothing in this chapter requires an accommodation for the 2014 [Title 69 RCW—page 111] 69.51A.070 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons medical use of cannabis if an employer has a drug-free work (e) No useable cannabis from the collective garden is place. delivered to anyone other than one of the qualifying patients (7) It is a class C felony to fraudulently produce any participating in the collective garden. record purporting to be, or tamper with the content of any (2) For purposes of this section, the creation of a "collec- record for the purpose of having it accepted as, valid docu- tive garden" means qualifying patients sharing responsibility mentation under *RCW 69.51A.010(32)(a), or to backdate for acquiring and supplying the resources required to produce such documentation to a time earlier than its actual date of and process cannabis for medical use such as, for example, a execution. location for a collective garden; equipment, supplies, and (8) No person shall be entitled to claim the protection labor necessary to plant, grow, and harvest cannabis; canna- from arrest and prosecution under RCW 69.51A.040 or the bis plants, seeds, and cuttings; and equipment, supplies, and affirmative defense under RCW 69.51A.043 for engaging in labor necessary for proper construction, plumbing, wiring, the medical use of cannabis in a way that endangers the and ventilation of a garden of cannabis plants. health or well-being of any person through the use of a (3) A person who knowingly violates a provision of sub- motorized vehicle on a street, road, or highway, including section (1) of this section is not entitled to the protections of violations of RCW 46.61.502 or 46.61.504, or equivalent this chapter. [2011 c 181 § 403.] local ordinances. [2011 c 181 § 501; 2010 c 284 § 4; 2007 c *Reviser's note: The section creating a registry, 2011 c 181 § 901, was 371 § 6; 1999 c 2 § 8 (Initiative Measure No. 692, approved vetoed by the governor.

November 3, 1998).] 69.51A.090 Applicability of valid documentation definition. 69.51A.090 *Reviser's note: RCW 69.51A.010(32) is a reference to the definition 69.51A.090 Applicability of valid documentation def- of "valid documentation" which was amended and renumbered by 2011 c inition. The provisions of RCW 69.51A.010, relating to the 181 § 201, but the section was vetoed by the governor. definition of "valid documentation," apply prospectively Intent—2007 c 371: See note following RCW 69.51A.005. only, not retroactively, and do not affect valid documentation obtained prior to June 10, 2010. [2010 c 284 § 5.] 69.51A.070 Addition of medical conditions. Addition of medical conditions. The 69.51A.100 Qualifying patient's designation of provider—Provider's service as designated provider—Termination. 69.51A.100 Washington state medical quality assurance commission in 69.51A.100 Qualifying patient's designation of pro- consultation with the board of osteopathic medicine and sur- vider—Provider's service as designated provider—Ter- gery, or other appropriate agency as designated by the gover- mination. (1) A qualifying patient may revoke his or her nor, shall accept for consideration petitions submitted to add designation of a specific provider and designate a different terminal or debilitating conditions to those included in this provider at any time. A revocation of designation must be in chapter. In considering such petitions, the Washington state writing, signed and dated. The protections of this chapter medical quality assurance commission in consultation with cease to apply to a person who has served as a designated pro- the board of osteopathic medicine and surgery shall include vider to a qualifying patient seventy-two hours after receipt public notice of, and an opportunity to comment in a public of that patient's revocation of his or her designation. hearing upon, such petitions. The Washington state medical (2) A person may stop serving as a designated provider quality assurance commission in consultation with the board to a given qualifying patient at any time. However, that per- of osteopathic medicine and surgery shall, after hearing, son may not begin serving as a designated provider to a dif- approve or deny such petitions within one hundred eighty ferent qualifying patient until fifteen days have elapsed from days of submission. The approval or denial of such a petition the date the last qualifying patient designated him or her to shall be considered a final agency action, subject to judicial serve as a provider. [2011 c 181 § 404.] review. [2007 c 371 § 7; 1999 c 2 § 9 (Initiative Measure No. 69.51A.110 Suitability for organ transplant. 692, approved November 3, 1998).] 69.51A.110 Suitability for organ transplant. A qual- Intent—2007 c 371: See note following RCW 69.51A.005. ifying patient's medical use of cannabis as authorized by a health care professional may not be a sole disqualifying fac-

69.51A.085 Collective gardens. tor in determining the patient's suitability for an organ trans- 69.51A.085 Collective gardens. (1) Qualifying plant, unless it is shown that this use poses a significant risk patients may create and participate in collective gardens for of rejection or organ failure. This section does not preclude a the purpose of producing, processing, transporting, and deliv- health care professional from requiring that a patient abstain ering cannabis for medical use subject to the following con- from the medical use of cannabis, for a period of time deter- ditions: mined by the health care professional, while waiting for a (a) No more than ten qualifying patients may participate transplant organ or before the patient undergoes an organ in a single collective garden at any time; transplant. [2011 c 181 § 408.] (b) A collective garden may contain no more than fifteen

69.51A.120 Parental rights or residential time—Not to be restricted. plants per patient up to a total of forty-five plants; 69.51A.120 Parental rights or residential time—Not (c) A collective garden may contain no more than to be restricted. A qualifying patient or designated provider twenty-four ounces of useable cannabis per patient up to a may not have his or her parental rights or residential time total of seventy-two ounces of useable cannabis; with a child restricted solely due to his or her medical use of (d) A copy of each qualifying patient's valid documenta- cannabis in compliance with the terms of this chapter absent tion or proof of registration with the registry established in written findings supported by evidence that such use has *section 901 of this act, including a copy of the patient's resulted in a long-term impairment that interferes with the proof of identity, must be available at all times on the prem- performance of parenting functions as defined under RCW ises of the collective garden; and 26.09.004. [2011 c 181 § 409.] [Title 69 RCW—page 112] 2014 Imitation Controlled Substances 69.52.010

69.51A.130 State and municipalities—Not subject to liability. 69.51A.130 State and municipalities—Not subject to (g) Incidents of home invasion burglaries, robberies, and liability. (1) No civil or criminal liability may be imposed by other violent and property crimes associated with qualifying any court on the state or its officers and employees for actions patients accessing cannabis for medical use; taken in good faith under this chapter and within the scope of (h) Whether there are health care professionals who their assigned duties. make a disproportionately high amount of authorizations in (2) No civil or criminal liability may be imposed by any comparison to the health care professional community at court on cities, towns, and counties or other municipalities large; and their officers and employees for actions taken in good (i) Whether there are indications of health care profes- faith under this chapter and within the scope of their assigned sionals in violation of RCW 69.51A.030; and duties. [2011 c 181 § 1101.] (j) Whether the health care professionals making authorizations reside in this state or out of this state. 69.51A.140 Counties, cities, towns—Authority to adopt and enforce requirements. 69.51A.140 69.51A.140 Counties, cities, towns—Authority to (3) For purposes of facilitating this evaluation, the adopt and enforce requirements. (1) Cities and towns may departments of health and agriculture will make available to adopt and enforce any of the following pertaining to the pro- the Washington state institute for public policy requested duction, processing, or dispensing of cannabis or cannabis data, and any other data either department may consider rele- products within their jurisdiction: Zoning requirements, busi- vant, from which all personally identifiable information has ness licensing requirements, health and safety requirements, been redacted. [2011 c 181 § 1001.] and business taxes. Nothing in chapter 181, Laws of 2011 is

69.51A.900 Short title—1999 c 2. intended to limit the authority of cities and towns to impose 69.51A.900 Short title—1999 c 2. This chapter may be zoning requirements or other conditions upon licensed dis- known and cited as the Washington state medical use of can- pensers, so long as such requirements do not preclude the nabis act. [2011 c 181 § 1106; 1999 c 2 § 1 (Initiative Mea- possibility of siting licensed dispensers within the jurisdic- sure No. 692, approved November 3, 1998).] tion. If the jurisdiction has no commercial zones, the jurisdic-

69.51A.901 Severability—1999 c 2. tion is not required to adopt zoning to accommodate licensed 69.51A.901 Severability—1999 c 2. If any provision of dispensers. this act or its application to any person or circumstance is (2) Counties may adopt and enforce any of the following held invalid, the remainder of the act or the application of the pertaining to the production, processing, or dispensing of provision to other persons or circumstances is not affected. cannabis or cannabis products within their jurisdiction in [1999 c 2 § 10 (Initiative Measure No. 692, approved locations outside of the corporate limits of any city or town: November 3, 1998).] Zoning requirements, business licensing requirements, and

69.51A.902 Captions not law—1999 c 2. health and safety requirements. Nothing in chapter 181, Laws 69.51A.902 Captions not law—1999 c 2. Captions of 2011 is intended to limit the authority of counties to used in this chapter are not any part of the law. [1999 c 2 § impose zoning requirements or other conditions upon 11 (Initiative Measure No. 692, approved November 3, licensed dispensers, so long as such requirements do not pre- 1998).] clude the possibility of siting licensed dispensers within the

69.51A.903 Severability—2011 c 181. jurisdiction. If the jurisdiction has no commercial zones, the 69.51A.903 Severability—2011 c 181. If any provision jurisdiction is not required to adopt zoning to accommodate of this act or the application thereof to any person or circum- licensed dispensers. [2011 c 181 § 1102.] stance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect 69.51A.200 Evaluation. 69.51A.200 69.51A.200 Evaluation. (1) By July 1, 2014, the Wash- without the invalid provision or application, and to this end ington state institute for public policy shall, within available the provisions of this act are severable. [2011 c 181 § 1103.] funds, conduct a cost-benefit evaluation of the implementation of chapter 181, Laws of 2011 and the rules adopted to carry out its purposes. Chapter 69.52 Chapter 69.52 RCW 69.52 IMITATION CONTROLLED SUBSTANCES (2) The evaluation of the implementation of chapter 181, IMITATION CONTROLLED SUBSTANCES Laws of 2011 and the rules adopted to carry out its purposes Sections shall include, but not necessarily be limited to, consideration 69.52.010 Legislative findings. of the following factors: 69.52.020 Definitions. (a) Qualifying patients' access to an adequate source of 69.52.030 Violations—Exceptions. cannabis for medical use; 69.52.040 Seizure of contraband. 69.52.045 Seizure at rental premises—Notification of landlord. (b) Qualifying patients' access to a safe source of canna- 69.52.050 Injunctive action by attorney general authorized. bis for medical use; 69.52.060 Injunctive or other legal action by manufacturer of controlled (c) Qualifying patients' access to a consistent source of substances authorized. 69.52.070 Violations—Juvenile driving privileges. cannabis for medical use; 69.52.900 Severability—1982 c 171. (d) Qualifying patients' access to a secure source of can- 69.52.901 Effective date—1982 c 171. nabis for medical use; Drug nuisances—Injunctions: Chapter 7.43 RCW. (e) Qualifying patients' and designated providers' contact

69.52.010 Legislative findings. with law enforcement and involvement in the criminal justice 69.52.010 Legislative findings. The legislature finds system; that imitation controlled substances are being manufactured (f) Diversion of cannabis intended for medical use to to imitate the appearance of the dosage units of controlled nonmedical uses; substances for sale to school age youths and others to facili- 2014 [Title 69 RCW—page 113] 69.52.020 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons tate the fraudulent sale of controlled substances. The legisla- imitation controlled substance for use as a placebo or other ture further finds that manufacturers are endeavoring to profit use by a registered practitioner, as defined in *RCW from the manufacture of these imitation controlled sub- 69.50.101(t), in the course of professional practice or stances while avoiding liability by accurately labeling the research. containers or packaging which contain these imitation con- (5) No prosecution under this chapter shall be dismissed trolled substances. The close similarity of appearance solely by reason of the fact that the dosage units were con- between dosage units of imitation controlled substances and tained in a bottle or other container with a label accurately controlled substances is indicative of a deliberate and wilful describing the ingredients of the imitation controlled sub- attempt to profit by deception without regard to the tragic stance dosage units. The good faith of the defendant shall be human consequences. The use of imitation controlled sub- an issue of fact for the trier of fact. [1983 1st ex.s. c 4 § 5; stances is responsible for a growing number of injuries and 1982 c 171 § 4.] deaths, and the legislature hereby declares that this chapter is *Reviser's note: The reference to RCW 69.50.101(t) is erroneous. necessary for the protection and preservation of the public "Practitioner" is defined in (w) of that section. RCW 69.50.101 was amended by 2013 c 3 § 2, changing subsection (w) to subsection (cc). RCW 69.50.101 health and safety. [1982 c 171 § 2.] was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (cc) to subsection (dd). RCW 69.50.101 was subsequently 69.52.020 Definitions. 69.52.020 Definitions. Unless the context clearly amended by 2014 c 192 § 1, changing subsection (dd) to subsection (ee). requires otherwise, the definitions in this section apply Additional notes found at www.leg.wa.gov throughout this chapter.

69.52.040 Seizure of contraband. (1) "Controlled substance" means a substance as that 69.52.040 Seizure of contraband. Imitation controlled term is defined in chapter 69.50 RCW. substances shall be subject to seizure, forfeiture, and disposi- (2) "Distribute" means the actual or constructive transfer tion in the same manner as are controlled substances under (or attempted transfer) or delivery or dispensing to another of RCW 69.50.505. [1982 c 171 § 5.] an imitation controlled substance.

69.52.045 Seizure at rental premises—Notification of landlord. (3) "Imitation controlled substance" means a substance 69.52.045 Seizure at rental premises—Notification of that is not a controlled substance, but which by appearance or landlord. Whenever an imitation controlled substance representation would lead a reasonable person to believe that which is manufactured, distributed, or possessed in violation the substance is a controlled substance. Appearance includes, of this chapter is seized at rental premises, the law enforce- but is not limited to, color, shape, size, and markings of the ment agency shall make a reasonable attempt to discover the dosage unit. Representation includes, but is not limited to, identity of the landlord and shall notify the landlord in writ- representations or factors of the following nature: ing, at the last address listed in the property tax records and at (a) Statements made by an owner or by anyone else in any other address known to the law enforcement agency, of control of the substance concerning the nature of the sub- the seizure and the location of the seizure. [1988 c 150 § 10.] stance, or its use or effect; Legislative findings—Severability—1988 c 150: See notes following (b) Statements made to the recipient that the substance RCW 59.18.130. may be resold for inordinate profit; or 69.52.050 Injunctive action by attorney general authorized. (c) Whether the substance is packaged in a manner nor- 69.52.050 Injunctive action by attorney general mally used for illicit controlled substances. authorized. The attorney general is authorized to apply for (4) "Manufacture" means the production, preparation, injunctive action against a manufacturer or distributor of imi- compounding, processing, encapsulating, packaging or tation controlled substances in this state. [1982 c 171 § 6.] repackaging, or labeling or relabeling of an imitation con- 69.52.060 Injunctive or other legal action by manufacturer of controlled substances authorized. trolled substance. [1982 c 171 § 3.] 69.52.060 Injunctive or other legal action by manufacturer of controlled substances authorized. Any manu-

69.52.030 Violations—Exceptions. 69.52.030 Violations—Exceptions. (1) It is unlawful facturer of controlled substances licensed or registered in a for any person to manufacture, distribute, or possess with state requiring such licensure or registration, may bring intent to distribute, an imitation controlled substance. Any injunctive or other action against a manufacturer or distribu- person who violates this subsection shall, upon conviction, be tor of imitation controlled substances in this state. [1982 c guilty of a class C felony. 171 § 7.] (2) Any person eighteen years of age or over who vio- 69.52.070 Violations—Juvenile driving privileges. lates subsection (1) of this section by distributing an imitation 69.52.070 Violations—Juvenile driving privileges. controlled substance to a person under eighteen years of age (1) If a juvenile thirteen years of age or older and under the is guilty of a class B felony. age of twenty-one is found by a court to have committed any (3) It is unlawful for any person to cause to be placed in offense that is a violation of this chapter, the court shall notify any newspaper, magazine, handbill, or other publication, or the department of licensing within twenty-four hours after to post or distribute in any public place, any advertisement or entry of the judgment. solicitation offering for sale imitation controlled substances. (2) Except as otherwise provided in subsection (3) of this Any person who violates this subsection is guilty of a class C section, upon petition of a juvenile whose privilege to drive felony. has been revoked pursuant to RCW 46.20.265, the court may (4) No civil or criminal liability shall be imposed by vir- at any time the court deems appropriate notify the department tue of this chapter on any person registered under the Uni- of licensing to reinstate the juvenile's privilege to drive. form Controlled Substances Act pursuant to RCW 69.50.301 (3) If the conviction is for the juvenile's first violation of or 69.50.303 who manufactures, distributes, or possesses an this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juve- [Title 69 RCW—page 114] 2014 Use of Buildings for Unlawful Drugs 69.55.020 nile may not petition the court for reinstatement of the juve- employee, or mortgagee, to knowingly allow the building, nile's privilege to drive revoked pursuant to RCW 46.20.265 room, space, or enclosure to be fortified to suppress law until the later of ninety days after the date the juvenile turns enforcement entry in order to further the unlawful manufac- sixteen or ninety days after the judgment was entered. If the ture, delivery, sale, storage, or gift of any controlled sub- conviction was for the juvenile's second or subsequent viola- stance under chapter 69.50 RCW, legend drug under chapter tion of this chapter or chapter 66.44, 69.41, or 69.50 RCW, 69.41 RCW, or imitation controlled substance under chapter the juvenile may not petition the court for reinstatement of 69.52 RCW. the juvenile's privilege to drive revoked pursuant to RCW (2) It shall be a defense for an owner, manager, or other 46.20.265 until the later of the date the juvenile turns seven- person in control pursuant to subsection (1) of this section to, teen or one year after the date judgment was entered. [1989 c in good faith, notify a law enforcement agency of suspected 271 § 121; 1988 c 148 § 6.] drug activity pursuant to subsection (1) of this section, or to Legislative finding—Severability—1988 c 148: See notes following process an unlawful detainer action for drug-related activity RCW 13.40.265. against the tenant or occupant. Additional notes found at www.leg.wa.gov (3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1988 c 150 § 14; 1987 c 69.52.900 Severability—1982 c 171. 69.52.900 Severability—1982 c 171. If any provision 458 § 8.] of this chapter or its application to any person or circum- Legislative findings—Severability—1988 c 150: See notes following stance is held invalid, the remainder of the chapter or the RCW 59.18.130. application of the provision to other persons or circumstances Additional notes found at www.leg.wa.gov is not affected. [1982 c 171 § 8.]

69.53.030 Unlawful use of fortified building—Penalty. 69.53.030 Unlawful use of fortified building—Pen- 69.52.901 Effective date—1982 c 171. 69.52.901 Effective date—1982 c 171. This act shall alty. (1) It is unlawful for any person to use a building, room, take effect on July 1, 1982. [1982 c 171 § 10.] space, or enclosure specifically designed to suppress law enforcement entry in order to unlawfully manufacture, Chapter 69.53 Chapter 69.53 RCW deliver, sell, store, or give away any controlled substance USE69.53 USE OF BUILDINGS OF FOR UNLAWFUL BUILDINGS DRUGS FOR UNLAWFUL DRUGS under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 Sections RCW. 69.53.010 Unlawful use of building for drug purposes—Liability of (2) A violation of this section is a class C felony punish- owner or manager—Penalty. 69.53.020 Unlawful fortification of building for drug purposes—Penalty. able under chapter 9A.20 RCW. [1987 c 458 § 9.] 69.53.030 Unlawful use of fortified building—Penalty. Additional notes found at www.leg.wa.gov

69.53.010 Unlawful use of building for drug purposes—Liability of owner or manager—Penalty. 69.53.010 Unlawful use of building for drug pur- Chapter 69.55 Chapter 69.55 RCW poses—Liability of owner or manager—Penalty. (1) It is 69.55 AMMONIA unlawful for any person who has under his or her manage- AMMONIA ment or control any building, room, space, or enclosure, (Formerly: Anhydrous ammonia) either as an owner, lessee, agent, employee, or mortgagee, to Sections knowingly rent, lease, or make available for use, with or 69.55.010 Theft of ammonia. without compensation, the building, room, space, or enclo- 69.55.020 Unlawful storage of ammonia. sure for the purpose of unlawfully manufacturing, delivering, 69.55.030 Damages—Liability. selling, storing, or giving away any controlled substance 69.55.010 Theft of ammonia. 69.55.010 under chapter 69.50 RCW, legend drug under chapter 69.41 69.55.010 Theft of ammonia. (1) A person who, with RCW, or imitation controlled substance under chapter 69.52 intent to deprive the owner or owner's agent, wrongfully RCW. obtains pressurized ammonia gas or pressurized ammonia gas (2) It shall be a defense for an owner, manager, or other solution, is guilty of theft of ammonia. person in control pursuant to subsection (1) of this section to, (2) Theft of ammonia is a class C felony. [2002 c 133 § in good faith, notify a law enforcement agency of suspected 1; 2000 c 225 § 1.] drug activity pursuant to subsection (1) of this section, or to Additional notes found at www.leg.wa.gov process an unlawful detainer action for drug-related activity 69.55.020 Unlawful storage of ammonia. against the tenant or occupant. 69.55.020 Unlawful storage of ammonia. A person is (3) A violation of this section is a class C felony punish- guilty of the crime of unlawful storage of ammonia if the per- able under chapter 9A.20 RCW. [1988 c 150 § 13; 1987 c son possesses, transports, or delivers pressurized ammonia 458 § 7.] gas or pressurized ammonia gas solution in a container that Legislative findings—Severability—1988 c 150: See notes following (1) is not approved by the United States department of trans- RCW 59.18.130. portation to hold ammonia, or (2) was not constructed to meet Additional notes found at www.leg.wa.gov state and federal industrial health and safety standards for holding ammonia. Violation of this section is a class C fel-

69.53.020 Unlawful fortification of building for drug purposes—Penalty. 69.53.020 Unlawful fortification of building for drug ony. purposes—Penalty. (1) It is unlawful for any person who This section does not apply to public employees or pri- has under his or her management or control any building, vate contractors authorized to clean up and dispose of hazard- room, space, or enclosure, either as an owner, lessee, agent, ous waste or toxic substances under chapter 70.105 or 2014 [Title 69 RCW—page 115] 69.55.030 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

70.105D RCW or to solid waste haulers and their employees (5) Approximately seventy percent of over-the-counter who unknowingly possess, transport, or deliver pressurized medications in solid form already have some type of an iden- ammonia gas or pressurized ammonia gas solution during the tifier imprinted on their surfaces; course of the performance of their duties. [2002 c 133 § 2; (6) While particular efforts are being instituted to pre- 2000 c 225 § 2.] vent recurrent tampering with over-the-counter medications, Additional notes found at www.leg.wa.gov the added benefit of rapid and prompt identification of all possible contaminated products, including over-the-counter

69.55.030 Damages—Liability. 69.55.030 Damages—Liability. Any damages arising medications, would make for a significant improvement in out of the unlawful possession of, storage of, or tampering planning for appropriate tracking and monitoring programs; with pressurized ammonia gas or pressurized ammonia gas (7) At the same time, health care professionals serving solution, or pressurized ammonia gas equipment or pressur- the elderly find it especially advantageous to be able to iden- ized ammonia gas solution equipment, shall be the sole tify and confirm the ingredients of their multiple medications, responsibility of the unlawful possessor, storer, or tamperer. including over-the-counter products, as are often consumed In no case shall liability for damages arising out of the unlaw- by such patients; ful possession of, storage of, or tampering with pressurized (8) The legislature supports and encourages efforts that ammonia gas or pressurized ammonia gas solution, or pres- are being made to establish a national, legally enforceable surized ammonia gas equipment or pressurized ammonia gas system governing the imprinting of solid dosage form over- solution equipment, extend to the lawful owner, installer, the-counter medications, which system is consistent with the maintainer, designer, manufacturer, possessor, or seller of the requirements of this chapter. [1989 c 247 § 1.] pressurized ammonia gas or pressurized ammonia gas solu-

69.60.020 Definitions. tion, or pressurized ammonia gas equipment or pressurized 69.60.020 Definitions. The terms defined in this sec- ammonia gas solution equipment, unless such damages arise tion shall have the meanings indicated when used in this out of the owner, installer, maintainer, designer, manufac- chapter. turer, possessor, or seller's acts or omissions that constitute (1) "Commission" means the pharmacy quality assur- negligent misconduct to abide by the laws regarding pressur- ance commission. ized ammonia gas or pressurized ammonia gas solution pos- (2) "Over-the-counter medication" means a drug that can session and storage. [2002 c 133 § 3; 2000 c 225 § 3.] be obtained without a prescription and is not restricted to use Additional notes found at www.leg.wa.gov by prescribing practitioners. For purposes of this chapter, over-the-counter medication does not include vitamins.

Chapter 69.60 Chapter 69.60 RCW (3) "Purveyor" means any corporation, person, or other 69.60 OVER-THE-COUNTER MEDICATIONS entity that offers over-the-counter medications for wholesale, OVER-THE-COUNTER MEDICATIONS retail, or other type of sale. Sections (4) "Solid dosage form" means capsules or tablets or 69.60.010 Legislative findings. similar over-the-counter medication products intended for 69.60.020 Definitions. administration and which could be ingested orally. [2013 c 69.60.030 Identification required. 19 § 117; 1989 c 247 § 3.] 69.60.040 Imprint information—Publication—Availability. Reviser's note: The definitions in this section have been alphabetized 69.60.050 Noncompliance—Contraband—Fine. 69.60.060 Rules. pursuant to RCW 1.08.015(2)(k). 69.60.070 Imprinting requirements—Retailers and wholesalers. 69.60.030 Identification required. 69.60.080 Exemptions—Application by manufacturer. 69.60.030 Identification required. (1) No over-the- 69.60.090 Implementation of federal system—Termination of state system. counter medication in solid dosage form may be manufac- 69.60.900 Severability—1993 c 135. tured or commercially distributed within this state unless it 69.60.901 Effective date—1993 c 135. has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or national 69.60.010 Legislative findings. 69.60.010 Legislative findings. The legislature of the drug code number identifying the medication and the manu- state of Washington finds that: facturer or distributor of the medication: PROVIDED, HOW- (1) Accidental and purposeful ingestions of solid medi- EVER, That an over-the-counter medication which has cation forms continue to be the most frequent cause of poi- clearly marked or imprinted on it a distinctive logo, symbol, soning in our state; product name, letters, or other identifying mark, or which by (2) Modern treatment is dependent upon knowing the its color, shape, or size together with a distinctive logo, sym- ingredients of the ingestant; bol, product name, letters, or other mark is identifiable, shall (3) The imprinting of identifying characteristics on all be deemed in compliance with the provisions of this chapter. tablets, capsules, and caplets of prescription medication (2) No manufacturer may sell any over-the-counter med- forms, both trade name products and generic products, has ication in solid dosage form contained within a bottle, vial, been extremely beneficial in our state and was accomplished carton, or other container, or in any way affixed or appended at trivial cost to the manufacturers and consumers; to or enclosed within a package of any kind designed or (4) Although over-the-counter medications usually con- intended for delivery in such container or package to an ulti- stitute a lower order of risk to ingestees, treatment after over- mate consumer within this state unless such container or dose is equally dependent upon knowing the ingredients package has clearly and permanently marked or imprinted on involved, but there is no coding index uniformly used by this it an individual symbol, number, company name, words, let- class of medication; ters, marking, or national drug code number identifying the [Title 69 RCW—page 116] 2014 Access to Prescription Drugs 69.70.010 medication and the manufacturer, packer, or distributor of the determines that the federal system is substantially equivalent, medication. [1993 c 135 § 1; 1989 c 247 § 2.] except that the federal dates for implementation are later than the Washington state dates, this chapter will cease to exist

69.60.040 Imprint information—Publication—Availability. 69.60.040 Imprint information—Publication— when the federal system is implemented. [2013 c 19 § 121; Availability. Each manufacturer shall publish and provide to 1993 c 135 § 3; 1989 c 247 § 9.] the commission printed material which will identify each cur-

69.60.900 Severability—1993 c 135. rent imprint used by the manufacturer and the commission 69.60.900 Severability—1993 c 135. If any provision shall be notified of any change. This information shall be proof this act or its application to any person or circumstance is vided by the commission to all pharmacies licensed in the held invalid, the remainder of the act or the application of the state of Washington, poison control centers, and hospital provision to other persons or circumstances is not affected. emergency rooms. [2013 c 19 § 118; 1989 c 247 § 4.] [1993 c 135 § 4.]

69.60.050 Noncompliance—Contraband—Fine. 69.60.050 69.60.901 Effective date—1993 c 135. 69.60.050 Noncompliance—Contraband—Fine. (1) 69.60.901 Effective date—1993 c 135. This act is nec- Any over-the-counter medication prepared or manufactured essary for the immediate preservation of the public peace, or offered for sale in violation of this chapter or implement- health, or safety, or support of the state government and its ing rules shall be contraband and subject to seizure, in the existing public institutions, and shall take effect immediately same manner as contraband legend drugs under RCW [April 30, 1993]. [1993 c 135 § 5.] 69.41.060. (2) A purveyor who fails to comply with this chapter after one notice of noncompliance by the board is subject to a Chapter 69.70 Chapter 69.70 RCW 69.70 ACCESS TO PRESCRIPTION DRUGS one thousand dollar civil fine for each instance of noncompli- ACCESS TO PRESCRIPTION DRUGS ance. [1989 c 247 § 5.] Sections

69.60.060 Rules. 69.60.060 69.70.010 Definitions. 69.60.060 Rules. The commission shall have authority 69.70.020 Donations of prescription drugs and supplies—Distribution. to promulgate rules for the enforcement and implementation 69.70.030 Immunity—Eligibility. of this chapter. [2013 c 19 § 119; 1989 c 247 § 6.] 69.70.040 Dispensing of donated prescription drugs and supplies—Prior- ity given to individuals who are uninsured and low-income. 69.70.050 Acceptance and dispensing of prescription drugs or supplies— 69.60.070 Imprinting requirements—Retailers and wholesalers. 69.60.070 Imprinting requirements—Retailers and Requirements—Recalls—Reselling—Reimbursement, wholesalers. All over-the-counter medications manufac- related dispensing fees—Manufacturer registration. 69.70.060 Rules. tured in, received by, distributed to, or shipped to any retailer 69.70.070 Liability. or wholesaler in this state after January 1, 1994, shall meet 69.70.080 Availability of access. the requirements of this chapter. No over-the-counter medi- 69.70.090 Samples. cation may be sold to a consumer in this state after January 1, 69.70.100 Resale of prescription drugs not authorized. 69.70.900 Effective date. 1995, unless such over-the-counter medication complies with

the imprinting requirements of this chapter. [1993 c 135 § 2; 69.70.010 Definitions. 69.70.010 1989 c 247 § 7.] 69.70.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly

69.60.080 Exemptions—Application by manufacturer. 69.60.080 Exemptions—Application by manufac- requires otherwise. turer. The commission, upon application of a manufacturer, (1) "Department" means the department of health. may exempt an over-the-counter drug from the requirements (2) "Drug manufacturer" means a facility licensed by the of chapter 69.60 RCW on the grounds that imprinting is *board of pharmacy under chapter 18.64 RCW that engages infeasible because of size, texture, or other unique character- in the manufacture of drugs or devices. istics. [2013 c 19 § 120; 1989 c 247 § 8.] (3) "Drug wholesaler" means a facility licensed by the *board of pharmacy under chapter 18.64 RCW that buys

69.60.090 Implementation of federal system—Termination of state system. 69.60.090 Implementation of federal system—Ter- drugs or devices for resale and distribution to corporations, mination of state system. Before January 1, 1994, the com- individuals, or entities other than consumers. mission will consult with the state toxicologist to determine (4) "Medical facility" means a hospital, pharmacy, nurs- whether the federal government has established a legally ing home, boarding home, adult family home, or medical enforceable system that is substantially equivalent to the clinic where the prescription drugs are under the control of a requirements of this chapter that govern the imprinting of practitioner. solid dosage form over-the-counter medication. To be sub- (5) "Person" means an individual, corporation, business stantially equivalent, the effective dates for implementation trust, estate, trust, partnership, association, joint venture, gov- of the federal system for imprinting solid dosage form over- ernment, governmental subdivision or agency, or any other the-counter medication must be the same or earlier than the legal or commercial entity. dates of implementation set out in the state system for (6) "Pharmacist" means a person licensed by the *board imprinting solid dosage form over-the-counter medication. If of pharmacy under chapter 18.64 RCW to practice pharmacy. the commission determines that the federal system for (7) "Pharmacy" means a facility licensed by the *board imprinting solid dosage form over-the-counter medication is of pharmacy under chapter 18.64 RCW in which the practice substantially equivalent to the state system for imprinting of pharmacy is conducted. solid dosage form over-the-counter medication, this chapter (8) "Practitioner" has the same meaning as in RCW will cease to exist on January 1, 1994. If the commission 69.41.010. 2014 [Title 69 RCW—page 117] 69.70.020 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

(9) "Prescribing practitioner" means a person authorized (ii) An opened package if it contains single unit doses to issue orders or prescriptions for legend drugs as listed in that remain intact; RCW 69.41.030. (b) The prescription drug bears an expiration date that is (10) "Prescription drugs" has the same meaning as "leg- more than six months after the date the prescription drug was end drugs" as defined in RCW 69.41.010. The term includes donated; cancer drugs and antirejection drugs. The term does not (c) The prescription drug or supplies are inspected before include controlled substances. the prescription drug or supplies are dispensed by a pharma- (11) "Supplies" means the supplies necessary to admin- cist employed by or under contract with the pharmacy, and ister prescription drugs that are donated under the prescrip- the pharmacist determines that the prescription drug or sup- tion drug redistribution program. [2013 c 260 § 1.] plies are not adulterated or misbranded; *Reviser's note: Chapter 19, Laws of 2013 changed "state board of (d) The prescription drug or supplies are prescribed by a pharmacy" to "pharmacy quality assurance commission." practitioner for use by an eligible individual and are dispensed by a pharmacist; and 69.70.020 Donations of prescription drugs and supplies—Distribution. 69.70.020 Donations of prescription drugs and sup- (e) Any other safety precautions established by the plies—Distribution. Any practitioner, pharmacist, medical department have been satisfied. facility, drug manufacturer, or drug wholesaler may donate (2)(a) If a person who donates prescription drugs or sup- prescription drugs and supplies to a pharmacy for redistribu- plies to a pharmacy under this chapter receives a notice that tion without compensation or the expectation of compensa- the donated prescription drugs or supplies have been recalled, tion to individuals who meet the prioritization criteria estab- the person shall notify the pharmacy of the recall. lished in RCW 69.70.040. Donations of prescription drugs (b) If a pharmacy that receives and distributes donated and supplies may be made on the premises of a pharmacy that prescription drugs to another pharmacy, pharmacist, or pre- elects to participate in the provisions of this chapter. A phar- scribing practitioner under this chapter receives notice that macy that receives prescription drugs or supplies may distrib- the donated prescription drugs or supplies have been recalled, ute the prescription drugs or supplies to another pharmacy, the pharmacy shall notify the other pharmacy, pharmacist, or pharmacist, or prescribing practitioner for use pursuant to the prescribing practitioner of the recall. program. [2013 c 260 § 2.] (c) If a person collecting or distributing donated prescription drugs or supplies under this chapter receives a recall 69.70.030 Immunity—Eligibility. 69.70.030 Immunity—Eligibility. To be eligible for notice from the drug manufacturer or the federal food and the immunity in RCW 69.70.070, a person distributing drug administration for donated prescription drugs or sup- donated prescription drugs under this chapter must: plies, the person shall immediately remove all recalled medi- (1) Meet all requirements in RCW 69.70.050 and any cations from stock and comply with the instructions in the applicable rules related to the return or exchange of prescrip- recall notice. tion drugs or supplies adopted by the *board of pharmacy; (3) Prescription drugs and supplies donated under this (2) Maintain records of any prescription drugs and sup- chapter may not be resold. plies donated to the pharmacy and subsequently dispensed by (4) Prescription drugs and supplies dispensed under this the pharmacy; and chapter shall not be eligible for reimbursement of the pre- (3) Identify itself to the public as participating in this scription drug or any related dispensing fees by any public or chapter. [2013 c 260 § 3.] private health care payer. *Reviser's note: Chapter 19, Laws of 2013 changed "state board of (5) A prescription drug that can only be dispensed to a pharmacy" to "pharmacy quality assurance commission." patient registered with the manufacturer of that drug, in accordance with the requirements established by the federal 69.70.040 Dispensing of donated prescription drugs and supplies—Priority given to individuals who are uninsured and low-income. 69.70.040 69.70.040 Dispensing of donated prescription drugs food and drug administration, may not be accepted or distrib- and supplies—Priority given to individuals who are unin- uted under the program. [2013 c 260 § 5.] sured and low-income. Pharmacies, pharmacists, and pre-

69.70.060 Rules. scribing practitioners that elect to dispense donated prescrip- 69.70.060 Rules. (1) The department must adopt rules tion drugs and supplies under this chapter shall give priority establishing forms and procedures to: Reasonably verify eli- to individuals who are uninsured and at or below two hundred gibility and prioritize patients seeking to receive donated pre- percent of the federal poverty level. If an uninsured and low- scription drugs and supplies; and inform a person receiving income individual has not been identified as in need of avail- prescription drugs donated under this program that the pre- able prescription drugs and supplies, those prescription drugs scription drugs have been donated for the purposes of redis- and supplies may be dispensed to other individuals express- tribution. A patient's eligibility may be determined by a form ing need. [2013 c 260 § 4.] signed by the patient certifying that the patient is uninsured and at or below two hundred percent of the federal poverty 69.70.050 Acceptance and dispensing of prescription drugs or supplies—Requirements—Recalls—Reselling—Reimbursement, related dispensing fees—Manufacturer registration. 69.70.050 Acceptance and dispensing of prescription level. drugs or supplies—Requirements—Recalls—Reselling— (2) The department may establish any other rules neces- Reimbursement, related dispensing fees—Manufacturer sary to implement this chapter. [2013 c 260 § 6.] registration. (1) Prescription drugs or supplies may be

69.70.070 Liability. accepted and dispensed under this chapter if all of the follow- 69.70.070 Liability. (1) A drug manufacturer acting in ing conditions are met: good faith may not, in the absence of a finding of gross neg- (a) The prescription drug is in: ligence, be subject to criminal prosecution or liability in tort (i) Its original sealed and tamper evident packaging; or or other civil action, for injury, death, or loss to person or [Title 69 RCW—page 118] 2014 Dextromethorphan 69.75.020 property for matters relating to the donation, acceptance, or (2) "Finished drug product" means a drug legally mar- dispensing of a drug manufactured by the drug manufacturer keted under the federal food, drug, and cosmetic act, 21 that is donated by any person under the program including, U.S.C. 321 et seq., that is in finished dosage form. but not limited to, liability for failure to transfer or communi- (3) "Proof of age" means any document issued by a gov- cate product or consumer information or the expiration date ernmental agency that contains a description or photograph of the donated prescription drug. of the person and gives the person's date of birth, including a (2) Any person or entity, other than a drug manufacturer passport, military identification card, or driver's license. subject to subsection (1) of this section, acting in good faith (4) "Unfinished dextromethorphan" means dextrometho- in donating, accepting, or distributing prescription drugs rphan in any form, compound, mixture, or preparation that is under this chapter is immune from criminal prosecution, pro- not a drug in finished dosage form. [2014 c 64 § 1.] fessional discipline, or civil liability of any kind for any injury, death, or loss to any person or property relating to 69.75.020 Retail sales—Proof of age from purchaser—Unlawful Retail acts, exceptions—Penalties. (Effective Julysales— 1, 2015.) Proof of age from pur- such activities other than acts or omissions constituting gross chaser—Unlawful acts, exceptions—Penalties. (Effective negligence or willful or wanton misconduct. July 1, 2015.) (1) A person making a retail sale of a finished (3) The immunity provided under subsection (1) of this drug product containing any quantity of dextromethorphan section does not absolve a drug manufacturer of a criminal or must require and obtain proof of age from the purchaser civil liability that would have existed but for the donation, before completing the sale, unless from the purchaser's out- nor does such donation increase the liability of the drug man- ward appearance the person making the sale would reason- ufacturer in such an action. [2013 c 260 § 7.] ably presume the purchaser to be twenty-five years of age or older. 69.70.080 Availability of access. 69.70.080 Availability of access. Access to prescrip- (2) It is unlawful for any: tion drugs and supplies under this chapter is subject to avail- (a) Commercial entity to knowingly or willfully sell or ability. Nothing in this chapter establishes an entitlement to trade a finished drug product containing any quantity of dex- receive prescription drugs and supplies through the program. tromethorphan to a person less than eighteen years of age; or [2013 c 260 § 8.] (b) Person who is less than eighteen years of age to purchase a finished drug product containing any quantity of dex- 69.70.090 Samples. 69.70.090 Samples. Nothing in this chapter restricts the tromethorphan. use of samples by a practitioner during the course of the prac- (3) Subsection (2)(a) and (b) of this section do [does] not titioner's duties at a medical facility or pharmacy. [2013 c apply if an individual under eighteen years of age: 260 § 9.] (a) Supplies proof at the time of sale that such individual is actively enrolled in the military and presents a valid mili- 69.70.100 Resale of prescription drugs not authorized. 69.70.100 Resale of prescription drugs not autho- tary identification card; or rized. Nothing in this chapter authorizes the resale of pre- (b) Supplies proof of emancipation. scription drugs by any person. [2013 c 260 § 10.] (4)(a) Any manufacturer, distributor, or retailer whose employee or representative, during the course of the 69.70.900 Effective date. 69.70.900 Effective date. This act takes effect July 1, employee's or representative's employment or association 2014. [2013 c 260 § 12.] with that manufacturer, distributor, or retailer sells or trades dextromethorphan in violation of subsection (2)(a) of this

Chapter 69.75 Chapter 69.75 RCW section must be given a written warning by a law enforce- 69.75 DEXTROMETHORPHAN ment agency for the first offense. For any subsequent offense, DEXTROMETHORPHAN the manufacturer, distributor, or retailer is guilty of a class 1 Sections civil infraction as provided in RCW 7.80.120, except for any manufacturer, distributor, or retailer who demonstrates a 69.75.010 Definitions. 69.75.020 Retail sales—Proof of age from purchaser—Unlawful acts, good faith effort to comply with the requirements of this exceptions—Penalties. chapter. 69.75.030 List of products containing dextromethorphan, trade associa- (b) Any employee or representative of a manufacturer, tion representing manufacturers to supply. 69.75.040 Construction of chapter. distributor, or retailer who, during the course of the 69.75.050 Preemption. employee's or representative's employment or association 69.75.900 Effective date—2014 c 64. with that manufacturer, distributor, or retailer sells or trades dextromethorphan in violation of subsection (2)(a) of this 69.75.010 Definitions. (Effective July 1, 2015.) Definitions. (Effective July 1, 2015.) The section must be given a written warning by a law enforce- definitions in this section apply throughout this chapter ment agency for the first offense. For any subsequent offense, unless the context clearly requires otherwise. the employee or representative is guilty of a class 1 civil (1) "Common carrier" means any person who holds him- infraction as provided in RCW 7.80.120. self or herself out to the general public as a provider for hire (c) Any person who purchases dextromethorphan in vio- of the transportation by water, land, or air of merchandise, lation of subsection (2)(b) of this section must be given a whether or not the person actually operates the vessel, vehi- written warning by a law enforcement agency for the first cle, or aircraft by which the transportation is provided, offense. For any subsequent offense, the person is guilty of a between a port or place and a port or place in the United class 1 civil infraction as provided in RCW 7.80.120. [2014 States. c 64 § 2.] 2014 [Title 69 RCW—page 119] 69.75.030 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.75.030 List of products containing dextromethorphan, trade association representing manufacturers to supply. (Effective July 1, 2015.) 69.75.030 List of products containing dextrometho- (2) "Donor" means a person, corporation, association, or rphan, trade association representing manufacturers to other organization which donates food to a distributing orga- supply. (Effective July 1, 2015.) The trade association rep- nization. "Donor" includes, but is not limited to, farmers, pro- resenting manufacturers of dextromethorphan shall supply to cessors, distributors, wholesalers, and retailers of food. the pharmacy quality assurance commission and requesting "Donor" also includes persons who harvest agricultural crops licensed retailers an initial list of products containing dextro- or perishable foods which have been donated by the owner to methorphan that its members market. This list shall be a distributing organization. updated on an annual basis. The trade association represent- (3) "Food" means food products for human consumption ing manufacturers of dextromethorphan shall make other rea- as defined in RCW 69.04.008. [1983 c 241 § 2.] sonable efforts to communicate the requirements of chapter

69.80.031 Good samaritan food donation act—Definitions—Collecting, distributing, gleaning—Liability. 64, Laws of 2014. [2014 c 64 § 3.] 69.80.031 Good samaritan food donation act—Defi- nitions—Collecting, distributing, gleaning—Liability. (1) 69.75.040 Construction of chapter. (Effective July 1, 2015.) 69.75.040 69.75.040 Construction of chapter. (Effective July 1, This section may be cited as the "good samaritan food dona- 2015.) (1) Nothing in this chapter is construed to impose any tion act." compliance requirement on a retail entity other than manually (2) As used in this section: obtaining and verifying proof of age as a condition of sale, (a) "Apparently fit grocery product" means a grocery including placement of products in a specific place within a product that meets all quality and labeling standards imposed store, other restrictions on consumers' direct access to fin- by federal, state, and local laws and regulations even though ished drug products, or the maintenance of transaction the product may not be readily marketable due to appearance, records. age, freshness, grade, size, surplus, or other conditions. (2) The provisions of this chapter do not apply to medi- (b) "Apparently wholesome food" means food that meets cation containing dextromethorphan that is sold pursuant to a all quality and labeling standards imposed by federal, state, valid prescription. [2014 c 64 § 4.] and local laws and regulations even though the food may not

69.75.050 Preemption. (Effective July 1, 2015.) be readily marketable due to appearance, age, freshness, 69.75.050 69.75.050 Preemption. (Effective July 1, 2015.) This grade, size, surplus, or other conditions. chapter preempts any ordinance regulating the sale, distribu- (c) "Donate" means to give without requiring anything of tion, receipt, or possession of dextromethorphan enacted by a monetary value from the recipient, except that the term shall county, city, town, or other political subdivision of this state, include giving by a nonprofit organization to another non- and dextromethorphan is not subject to further regulation by profit organization, notwithstanding that the donor organiza- such subdivisions. [2014 c 64 § 5.] tion has charged a nominal fee to the donee organization, if

69.75.900 Effective date—2014 c 64. the ultimate recipient or user is not required to give anything 69.75.900 Effective date—2014 c 64. This act takes of monetary value. effect July 1, 2015. [2014 c 64 § 7.] (d) "Food" means a raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or Chapter 69.80 Chapter 69.80 RCW intended for use in whole or in part for human consumption. 69.80 FOOD DONATION AND DISTRIBUTION—LIABILITY DONATION AND DISTRIBUTION— (e) "Gleaner" means a person who harvests for free dis- LIABILITY tribution to the needy, or for donation to a nonprofit organi- Sections zation for ultimate distribution to the needy, an agricultural crop that has been donated by the owner. 69.80.010 Purpose. 69.80.020 Definitions. (f) "Grocery product" means a nonfood grocery product, 69.80.031 Good samaritan food donation act—Definitions—Collecting, including a disposable paper or plastic product, household distributing, gleaning—Liability. cleaning product, laundry detergent, cleaning product, or 69.80.040 Information and referral service for food donation program. 69.80.050 Inspection of donated food by state and local agencies—Vari- miscellaneous household item. ance. (g) "Gross negligence" means voluntary and conscious 69.80.060 Safe receipt, preparation, and handling of donated food— Rules—Educational materials. conduct by a person with knowledge, at the time of the con- 69.80.900 Construction. duct, that the conduct is likely to be harmful to the health or well-being of another person.

69.80.010 Purpose. 69.80.010 Purpose. The purpose of this chapter is to (h) "Intentional misconduct" means conduct by a person promote the free distribution of food to needy persons, pre- with knowledge, at the time of the conduct, that the conduct vent waste of food products, and provide liability protection is harmful to the health or well-being of another person. for persons and organizations donating or distributing such (i) "Nonprofit organization" means an incorporated or food products. [1983 c 241 § 1.] unincorporated entity that: (i) Is operating for religious, charitable, or educational

69.80.020 Definitions. 69.80.020 Definitions. Unless the context clearly purposes; and requires otherwise, the definitions in this section apply (ii) Does not provide net earnings to, or operate in any throughout this chapter. other manner that inures to the benefit of, any officer, (1) "Distributing organization" means a charitable non- employee, or shareholder of the entity. profit organization under section 501(c) of the federal inter- (j) "Person" means an individual, corporation, partner- nal revenue code which distributes food free of charge and ship, organization, association, or governmental entity, includes any nonprofit organization that distributes food free including a retail grocer, wholesaler, hotel, motel, manufac- of charge to other nonprofit organizations or to the public. turer, restaurant, caterer, farmer, and nonprofit food distribu- [Title 69 RCW—page 120] 2014 Kosher Food Products 69.90.010 tor or hospital. In the case of a corporation, partnership, orga- known or expected health hazard would exist as a result of nization, association, or governmental entity, the term the action. [2002 c 217 § 3; 1983 c 241 § 6.] includes an officer, director, partner, deacon, trustee, council- Finding—Purpose—2002 c 217: "The legislature finds and declares member, or other elected or appointed individual responsible that the distribution of food by donors to charitable organizations, such as for the governance of the entity. shelters, churches, and fraternal organizations, serving communal meals to needy individuals can be done safely consistent with rules and recommended (3) A person or gleaner is not subject to civil or criminal health and safety guidelines. The establishment of recommended donor liability arising from the nature, age, packaging, or condition guidelines by the department of health can educate the public about the prep- of apparently wholesome food or an apparently fit grocery aration and handling of food donated to charitable organizations for distribu- product that the person or gleaner donates in good faith to a tion to homeless and other needy people. The purpose of this act is to authorize and facilitate the donation of food to needy persons in accordance with nonprofit organization for ultimate distribution to needy indi- health and safety guidelines and rules, to assure that the donated food will viduals, except that this subsection does not apply to an not place needy recipients at risk, and to encourage businesses and individu- injury to or death of an ultimate user or recipient of the food als to donate surplus food to charitable organizations serving our state's or grocery product that results from an act or omission of the needy population." [2002 c 217 § 1.] donor constituting gross negligence or intentional miscon- Additional notes found at www.leg.wa.gov duct. (4) A person who allows the collection or gleaning of 69.80.060 Safe receipt, preparation, and handling of donatedSafe food—Rules—Educational receipt, materials. preparation, and handling of donations on property owned or occupied by the person by donated food—Rules—Educational materials. (1) No gleaners, or paid or unpaid representatives of a nonprofit later than December 31, 2004, the state board of health shall organization, for ultimate distribution to needy individuals is promulgate rules for the safe receipt, preparation, and han- not subject to civil or criminal liability that arises due to the dling by distributing organizations of food accepted from injury or death of the gleaner or representative, except that donors in order to facilitate the donation of food, free of this subsection does not apply to an injury or death that charge, and to protect the health and safety of needy people. results from an act or omission of the person constituting (2) No later than December 31, 2004, the department of gross negligence or intentional misconduct. health, in consultation with the state board of health, shall (5) If some or all of the donated food and grocery prod- develop educational materials for donors containing recom- ucts do not meet all quality and labeling standards imposed mended health and safety guidelines for the preparation and by federal, state, and local laws and regulations, the person or handling of food donated to distributing organizations. [2002 gleaner who donates the food and grocery products is not c 217 § 2.] subject to civil or criminal liability in accordance with this Finding—Purpose—2002 c 217: See note following RCW 69.80.050. section if the nonprofit organization that receives the donated food or grocery products: 69.80.900 Construction. Construction. Nothing in this chapter may (a) Is informed by the donor of the distressed or defec- be construed to create any liability of, or penalty against a tive condition of the donated food or grocery products; donor or distributing organization except as provided in (b) Agrees to recondition the donated food or grocery RCW 69.80.031. [1994 c 299 § 38; 1983 c 241 § 5.] products to comply with all the quality and labeling standards Intent—Finding—Severability—Conflict with federal require- prior to distribution; and ments—1994 c 299: See notes following RCW 74.12.400. (c) Is knowledgeable of the standards to properly recondition the donated food or grocery product. Chapter 69.90 Chapter 69.90 RCW

(6) This section may not be construed to create liability. 69.90 KOSHER FOOD PRODUCTS [1994 c 299 § 36.] KOSHER FOOD PRODUCTS Intent—Finding—Severability—Conflict with federal require- Sections ments—1994 c 299: See notes following RCW 74.12.400. 69.90.010 Definitions. 69.90.020 Sale of "kosher" and "kosher style" food products prohibited if 69.80.040 Information and referral service for food donation program. 69.80.040 Information and referral service for food not kosher—Representations—Penalty. donation program. The department of agriculture shall 69.90.030 Violation of chapter is violation of consumer protection act. maintain an information and referral service for persons and 69.90.900 Short title. organizations that have notified the department of their desire Organic products: Chapter 15.86 RCW. to participate in the food donation program under this chapter. [1983 c 241 § 4.] 69.90.010 Definitions. Definitions. Unless the context clearly requires otherwise, the definitions in this section apply 69.80.050 Inspection of donated food by state and local agencies—Variance.Inspection of donated food by state and throughout this chapter. local agencies—Variance. (1) Appropriate state and local (1) "Food product" includes any article other than drugs, agencies are authorized to inspect donated food items for whether in raw or prepared form, liquid or solid, or packaged wholesomeness and may establish procedures for the han- or unpackaged, and which is used for human consumption. dling of food items. (2) "Kosher" means a food product which has been pre- (2) To facilitate the free distribution of food to needy pared, processed, manufactured, maintained, and sold in persons, the local health officer, upon request from either a accordance with the requisites of traditional Jewish dietary donor or distributing organization, may grant a variance to law. chapter 246-215 WAC covering physical facilities, equip- (3) "Person" includes individuals, partnerships, corpora- ment standards, and food source requirements when no tions, and associations. [1985 c 127 § 2.] 2014 [Title 69 RCW—page 121] 69.90.020 Title 69 RCW: Food, Drugs, Cosmetics, and Poisons

69.90.020 Sale of "kosher" and "kosher style" food products prohibited if not kosher—Representations—Penalty. 69.90.020 Sale of "kosher" and "kosher style" food products prohibited if not kosher—Representations— Penalty. (1) No person may knowingly sell or offer for sale any food product represented as "kosher" or "kosher style" when that person knows that the food product is not kosher and when the representation is likely to cause a prospective purchaser to believe that it is kosher. Such a representation can be made orally or in writing, or by display of a sign, mark, insignia, or simulation. (2) A person violating this section is guilty of a gross misdemeanor. [2003 c 53 § 349; 1985 c 127 § 3.] Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

69.90.030 Violation of chapter is violation of consumer protection act. 69.90.030 Violation of chapter is violation of consumer protection act. A violation of this chapter shall constitute a violation of the consumer protection act, chapter 19.86 RCW. [1985 c 127 § 4.]

69.90.900 Short title. 69.90.900 Short title. This chapter shall be known as the sale of kosher food products act of 1985. [1985 c 127 § 1.]

[Title 69 RCW—page 122] 2014