reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.070 - Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—Class B felony.

RCW 69.43.070
Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—Class B felony.
(1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance listed in RCW 69.43.010 with knowledge or the intent that the recipient will use the substance unlawfully to manufacture a controlled substance under chapter 69.50 RCW is guilty of a class B felony under chapter 9A.20 RCW.
(2) Any person who receives any substance listed in RCW 69.43.010 with intent to use the substance unlawfully to manufacture a controlled substance under chapter 69.50 RCW is guilty of a class B felony under chapter 9A.20 RCW.
[ 1988 c 147 § 7.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.080 - False statement in report or record—Class C felony.

RCW 69.43.080
False statement in report or record—Class C felony.
It is unlawful for any person knowingly to make a false statement in connection with any report or record required under this chapter. A violation of this section is a class C felony under chapter 9A.20 RCW.
[ 1988 c 147 § 8.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.090 - Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty.

RCW 69.43.090
Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty.
(1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010 to any person or who receives from a source outside of the state any substance specified in RCW 69.43.010 shall obtain a permit for the conduct of that business from the pharmacy quality assurance commission. However, a permit shall not be required of any manufacturer, wholesaler, retailer, or other person for the sale, transfer, furnishing, or receipt of any drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any cosmetic that contains a substance specified in RCW 69.43.010(1), if such drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription or by a prescription under chapter 69.04 or 69.41 RCW.
(2) Applications for permits shall be filed with the department in writing and signed by the applicant, and shall set forth the name of the applicant, the business in which the applicant is engaged, the business address of the applicant, and a full description of any substance sold, transferred, or otherwise furnished, or received.
(3) The commission may grant permits on forms prescribed by it. The permits shall be effective for not more than one year from the date of issuance.
(4) Each applicant shall pay at the time of filing an application for a permit a fee determined by the department.
(5) A permit granted under this chapter may be renewed on a date to be determined by the commission, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee determined by the department.
(6) Permit fees charged by the department shall not exceed the costs incurred by the department in administering this chapter.
(7) Selling, transferring, or otherwise furnishing, or receiving any substance specified in RCW 69.43.010 without 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.]
NOTES:
Intent—Severability—2001 c 96: See notes following RCW 69.43.010.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.100 - Refusal, suspension, or revocation of a manufacturer's or wholesaler's permit.

RCW 69.43.100
Refusal, suspension, or revocation of a manufacturer's or wholesaler's permit.
The pharmacy quality assurance commission shall have the power to refuse, suspend, or revoke the permit of any manufacturer or wholesaler upon proof that:
(1) The permit was procured through fraud, misrepresentation, or deceit;
(2) The permittee has violated or has permitted any employee to violate any of the laws of this state relating to drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the pharmacy quality assurance commission.
[ 2013 c 19 § 74; 1988 c 147 § 10.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.120 - Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions.

RCW 69.43.120
Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions.
(1) Any person who possesses more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of those substances, is guilty of a gross misdemeanor.
(2) This section does not apply to any of the following:
(a) A pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers upon the prescription of a practitioner, as defined in RCW 69.41.010;
(b) A practitioner who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers to his or her patients;
(c) A pharmacy, manufacturer, or wholesaler licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW;
(d) A person in the course of his or her business of selling, transporting, or storing ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, for a person described in (a), (b), or (c) of this subsection; or
(e) A person in possession of more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers in their home or residence under circumstances consistent with typical medicinal or household use as indicated by, but not limited to, storage location and possession of products in a variety of strengths, brands, types, purposes, and expiration dates.
[ 2001 c 96 § 10.]
NOTES:
Intent—Severability—2001 c 96: See notes following RCW 69.43.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.130 - Exemptions—Pediatric products—Products exempted by the pharmacy quality assurance commission.

RCW 69.43.130
Exemptions—Pediatric products—Products exempted by the pharmacy quality assurance commission.
RCW 69.43.110 and 69.43.120 do not apply to:
(1) Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product;
(2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce;
(3) Products that the pharmacy quality assurance commission, upon application of a manufacturer, exempts by rule from RCW 69.43.110 and 69.43.120 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors; or
(4) Products, as packaged, that the pharmacy quality assurance commission, upon application of a manufacturer, exempts from RCW 69.43.110(1) and 69.43.120 because:
(a) The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in 21 U.S.C. 802;
(b) The product is a salt, isomer, or salts of isomers of pseudoephedrine and, as packaged, has a total weight of more than three grams but the net weight of the pseudoephedrine base is equal to or less than three grams; and
(c) The pharmacy quality assurance commission determines that the value to the people of the state of having the product, as packaged, available for sale to consumers outweighs the danger, and the product, as packaged, has not been used in the illegal manufacture of methamphetamine.
[ 2013 c 19 § 77; 2004 c 52 § 7; 2001 c 96 § 11.]
NOTES:
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW 69.43.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.140 - Civil penalty—Pharmacy quality assurance commission waiver.

RCW 69.43.140
Civil penalty—Pharmacy quality assurance commission waiver.
(1) In addition to the other penalties provided for in this chapter or in chapter 18.64 RCW, the pharmacy quality assurance commission may impose a civil penalty, not to exceed ten thousand dollars for each violation, on any licensee or registrant who has failed to comply with this chapter or the rules adopted under this chapter. In the case of a continuing violation, every day the violation continues shall be considered a separate violation.
(2) The pharmacy quality assurance commission may waive the suspension or revocation of a license or registration issued under chapter 18.64 RCW, or waive any civil penalty under this chapter, if the licensee or registrant establishes that he or she acted in good faith to prevent violations of this chapter, and the violation occurred despite the licensee's or registrant's exercise of due diligence. In making such a determination, the pharmacy quality assurance commission may consider evidence that an employer trained employees on how to sell, transfer, or otherwise furnish substances specified in RCW 69.43.010(1) in accordance with applicable laws.
[ 2013 c 19 § 78; 2001 c 96 § 12.]
NOTES:
Intent—Severability—2001 c 96: See notes following RCW 69.43.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.150 - Application of chapter to local government.

RCW 69.43.150
Application of chapter to local government.
This chapter is applicable and uniform throughout this state and in all counties, cities, code cities, and towns therein. A county, city, code city, or town may not adopt or enforce any ordinance, pertaining to this chapter, which prohibits conduct that is not prohibited under this chapter, or defining violations or penalties different from those provided under this chapter. However, this section does not preclude a county, city, code city, or town from revoking, canceling, suspending, or otherwise limiting a business or professional license it has issued for conduct that violates any provision of this chapter.
[ 2001 c 96 § 13.]
NOTES:
Intent—Severability—2001 c 96: See notes following RCW 69.43.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.160 - Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions.

RCW 69.43.160
Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions.
(1) To prevent violations of RCW 69.43.110, every licensee and registrant under chapter 18.64 RCW, who sells at retail any products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, shall do either or may do both of the following:
(a) Program scanners, cash registers, or other electronic devices used to record sales in a manner that will alert persons handling transactions to potential violations of RCW 69.43.110(1) and/or prevent such violations; or
(b) Place one or more signs on the premises to notify customers of the prohibitions of RCW 69.43.110. Any such sign may, but is not required to, conform to the language and format prepared by the department of health under subsection (2) of this section.
(2) The department of health shall prepare language and format for a sign summarizing the prohibitions in RCW 69.43.110 and 69.43.120 and make the language and format available to licensees and registrants under chapter 18.64 RCW, for voluntary use in their places of business to inform customers and employees of the prohibitions. Nothing in this section requires the department of health to provide licensees or registrants with copies of signs, or any licensee or registrant to use the specific language or format prepared by the department under this subsection.
[ 2001 c 96 § 14.]
NOTES:
Intent—Severability—2001 c 96: See notes following RCW 69.43.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.165 - Ephedrine, pseudoephedrine, phenylpropanolamine—Electronic sales tracking system—Pharmacy quality assurance commission authority to adopt rules.

RCW 69.43.165
Ephedrine, pseudoephedrine, phenylpropanolamine—Electronic sales tracking system—Pharmacy quality assurance commission authority to adopt rules.
(1) The pharmacy quality assurance commission shall implement a real-time electronic sales tracking system to monitor the nonprescription sale of products in this state containing any detectable quantity of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, provided that the system is available to the state without cost for accessing the system to the state or retailers. The commission is authorized to enter into a public-private partnership, through a memorandum of understanding or similar arrangement, to make the system available.
(2) The records submitted to the tracking system are for the confidential use of the pharmacy, shopkeeper, or itinerant vendor who submitted them, except that:
(a) The records must be produced in court when lawfully required;
(b) The records must be open for inspection by the pharmacy quality assurance commission; and
(c) The records must be available to any general or limited authority Washington peace officer to enforce the provisions of this chapter or to federal law enforcement officers in accordance with rules adopted by the pharmacy quality assurance commission regarding the privacy of the purchaser of products covered by chapter 182, Laws of 2010 and law enforcement access to the records submitted to the tracking system as provided in this section consistent with the federal combat meth act.
(3) The electronic sales tracking system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits in RCW 69.43.110 (1) and (2). The system shall contain an override function for use by a dispenser of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, who has a reasonable fear of imminent bodily harm. Each instance in which the override function is utilized shall be logged by the system.
(4) The pharmacy quality assurance commission shall have the authority to adopt rules necessary to implement and enforce the provisions of this section. The pharmacy quality assurance commission shall adopt rules regarding the privacy of the purchaser of products covered by chapter 182, Laws of 2010, and any public or law enforcement access to the records submitted to the tracking system as provided in subsection (2)(c) of this section consistent with the federal combat meth act.
(5) The pharmacy quality assurance commission may not raise licensing or registration fees to fund the rule making or implementation of this section.
[ 2013 c 19 § 79; 2010 c 182 § 3.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.168 - Pharmacy, shopkeeper, or itinerant vendor—Electronic sales tracking system—Liability.

RCW 69.43.168
Pharmacy, shopkeeper, or itinerant vendor—Electronic sales tracking system—Liability.
A pharmacy, shopkeeper, or itinerant vendor participating in the electronic sales tracking system under RCW 69.43.110(4):
(1) Is not liable for civil damages resulting from any act or omission in carrying out the requirements of RCW 69.43.110(4), other than an act or omission constituting gross negligence or willful or wanton misconduct; and
(2) Is not liable for civil damages resulting from a data breach that was proximately caused by a failure on the part of the electronic sales tracking system to take reasonable care through the use of industry standard levels of encryption to guard against unauthorized access to account information that is in the possession or control of the system.
[ 2010 c 182 § 4.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.180 - Expansion of log requirements—Petition by law enforcement.

RCW 69.43.180
Expansion of log requirements—Petition by law enforcement.
(1) The Washington association of sheriffs and police chiefs or the Washington state patrol may petition the pharmacy quality assurance commission to apply the log requirements in *RCW 69.43.170 to one or more products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, that is not the only active ingredient and that is in liquid, liquid capsule, or gel capsule form. The petition shall establish that:
(a) Ephedrine, pseudoephedrine, or phenylpropanolamine can be effectively extracted from the product and converted into methamphetamine or another controlled dangerous substance; and
(b) Law enforcement, the Washington state patrol, or the department of ecology are finding substantial evidence that the product is being used for the illegal manufacture of methamphetamine or another controlled dangerous substance.
(2) The pharmacy quality assurance commission shall adopt rules when a petition establishes that requiring the application of the log requirements in *RCW 69.43.170 to the sale of the product at retail is warranted based upon the effectiveness and extent of use of the product for the illegal manufacture of methamphetamine or other controlled dangerous substances and the extent of the burden of any restrictions upon consumers. The pharmacy quality assurance commission may adopt emergency rules to apply the log requirements to the sale of a product when the petition establishes that the immediate restriction of the product is necessary in order to protect public health and safety.
[ 2013 c 19 § 80; 2005 c 388 § 3.]
NOTES:
*Reviser's note: RCW 69.43.170 was repealed by 2010 c 182 § 6.
Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.43 - Precursor Drugs. › 69.43.190 - Products found at methamphetamine sites—Report.

RCW 69.43.190
Products found at methamphetamine sites—Report.
Each county sheriff shall compile and maintain a record of commercial products containing ephedrine, pseudoephedrine, or phenylpropanolamine and packaging found at methamphetamine laboratory sites. The data shall be forwarded to the Washington association of sheriffs and police chiefs and shall be reported to the legislature by November 1, 2007, and annually thereafter.
[ 2005 c 388 § 9.]
NOTES:
Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.020 - Registration of manufacturers—Additional information required by the department.

RCW 69.45.020
Registration of manufacturers—Additional information required by the department.
A manufacturer that intends to distribute drug samples in this state shall register annually with the department, providing the name and address of the manufacturer, and shall:
(1) Provide a twenty-four hour telephone number and the name of the individual(s) who shall respond to reasonable official inquiries from the department, as directed by the commission, based on reasonable cause, regarding required records, reports, or requests for information pursuant to a specific investigation of a possible violation. Each official request by the department and each response by a manufacturer shall be limited to the information specifically relevant to the particular official investigation. Requests for the address of sites in this state at which drug samples are stored by the manufacturer's representative and the names and addresses of the individuals who are responsible for the storage or distribution of the drug samples shall be responded to as soon as possible but not later than the close of business on the next business day following the request; or
(2) If a twenty-four hour telephone number is not available, provide the addresses of sites in this state at which drug samples are stored by the manufacturer's representative, and the names and addresses of the individuals who are responsible for the storage or distribution of the drug samples. The manufacturer shall annually submit a complete updated list of the sites and individuals to the department.
[ 2013 c 19 § 82; 1989 1st ex.s. c 9 § 445; 1987 c 411 § 2.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.030 - Records maintained by manufacturer—Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples.

RCW 69.45.030
Records maintained by manufacturer—Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples.
(1) The following records shall be maintained by the manufacturer distributing drug samples in this state and shall be available for inspection by authorized representatives of the department based on reasonable cause and pursuant to an official investigation:
(a) An inventory of drug samples held in this state for distribution, taken at least annually by a representative of the manufacturer other than the individual in direct control of the drug samples;
(b) Records or documents to account for all drug samples distributed, destroyed, or returned to the manufacturer. The records shall include records for sample drugs signed for by practitioners, dates and methods of destruction, and any dates of returns; and
(c) Copies of all reports of lost or stolen drug samples.
(2) All required records shall be maintained for two years and shall include transaction dates.
(3) Manufacturers shall report to the department the discovery of any loss or theft of drug samples as soon as possible but not later than the close of business on the next business day following the discovery.
(4) Manufacturers shall report to the department as frequently as, and at the same time as, their other reports to the federal drug enforcement administration, or its lawful successor, the name, address and federal registration number for each practitioner who has received controlled substance drug samples and the name, strength and quantity of the controlled substance drug samples distributed.
[ 1989 1st ex.s. c 9 § 446; 1987 c 411 § 3.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.040 - Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates.

RCW 69.45.040
Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates.
(1) Drug samples shall be stored in compliance with the requirements of federal and state laws, rules, and regulations.
(2) Drug samples shall be maintained in a locked area to which access is limited to persons authorized by the manufacturer.
(3) Drug samples shall be stored and transported in such a manner as to be free of contamination, deterioration, and adulteration.
(4) Drug samples shall be stored under conditions of temperature, light, moisture, and ventilation so as to meet the label instructions for each drug.
(5) Drug samples which have exceeded the expiration date shall be physically separated from other drug samples until disposed of or returned to the manufacturer.
[ 1987 c 411 § 4.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.050 - Distribution of drug samples—Written request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers' representatives.

RCW 69.45.050
Distribution of drug samples—Written request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers' representatives.
(1) Drug samples may be distributed by a manufacturer or a manufacturer's representative only to practitioners legally authorized to prescribe such drugs or, at the request of such practitioner, to pharmacies of hospitals or other health care entities. The recipient of the drug sample must execute a written receipt upon delivery that is returned to the manufacturer or the manufacturer's representative.
(2) Drug samples may be distributed by a manufacturer or a manufacturer's representative only to a practitioner legally authorized to prescribe such drugs pursuant to a written request for such samples. The request shall contain:
(a) The recipient's name, address, and professional designation;
(b) The name, strength, and quantity of the drug samples delivered;
(c) The name or identification of the manufacturer and of the individual distributing the drug sample; and
(d) The dated signature of the practitioner requesting the drug sample.
(3) No fee or charge may be imposed for sample drugs distributed in this state.
(4) A manufacturer's representative shall not possess legend drugs or controlled substances other than those distributed by the manufacturer they represent. Nothing in this section prevents a manufacturer's representative from possessing a legally prescribed and dispensed legend drug or controlled substance.
[ 1989 c 164 § 2; 1987 c 411 § 5.]
NOTES:
Legislative finding—1989 c 164: "The legislature finds that chapter 69.45 RCW is more restrictive than the federal prescription drug marketing act of 1987, and the legislature further finds that a change in chapter 69.45 RCW accepting the position of the federal law is beneficial to the citizens of this state." [ 1989 c 164 § 1.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.060 - Disposal of surplus, outdated, or damaged drug samples.

RCW 69.45.060
Disposal of surplus, outdated, or damaged drug samples.
Surplus, outdated, or damaged drug samples shall be disposed of as follows:
(1) Returned to the manufacturer; or
(2) Witnessed destruction by such means as to assure that the drug cannot be retrieved. However, controlled substances shall be returned to the manufacturer or disposed of in accordance with rules adopted by the commission: PROVIDED, That the commission shall adopt by rule the regulations of the federal drug enforcement administration or its lawful successor unless, stating reasonable grounds, it adopts rules consistent with such regulations.
[ 2013 c 19 § 83; 1987 c 411 § 6.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.070 - Registration fees—Penalty.

RCW 69.45.070
Registration fees—Penalty.
The department may charge reasonable fees for registration. The registration fee shall not exceed the fee charged by the department for a pharmacy location license. If the registration fee is not paid on or before the date due, a renewal or new registration may be issued only upon payment of the registration renewal fee and a penalty fee equal to the registration renewal fee.
[ 1991 c 229 § 8; 1989 1st ex.s. c 9 § 447; 1987 c 411 § 7.]
NOTES:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.080 - Violations of chapter—Manufacturer's liability—Penalty—Seizure of drug samples.

RCW 69.45.080
Violations of chapter—Manufacturer's liability—Penalty—Seizure of drug samples.
(1) The manufacturer is responsible for the actions and conduct of its representatives with regard to drug samples.
(2) The commission may hold a public hearing to examine a possible violation and may require a designated representative of the manufacturer to attend.
(3) If a manufacturer fails to comply with this chapter following notification by the commission, the commission may impose a civil penalty of up to five thousand dollars. The commission shall take no action to impose any civil penalty except pursuant to a hearing held in accordance with chapter 34.05 RCW.
(4) Specific drug samples which are distributed in this state in violation of this chapter, following notification by the commission, shall be subject to seizure following the procedures set out in RCW 69.41.060.
[ 2013 c 19 § 84; 1987 c 411 § 8.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.45 - Drug Samples. › 69.45.090 - Confidentiality.

RCW 69.45.090
Confidentiality.
All records, reports, and information obtained by the commission from or on behalf of a manufacturer or manufacturer's representative under this chapter are confidential and exempt from public inspection and copying under chapter 42.56 RCW. This section does not apply to public disclosure of the identity of persons found by the commission to have violated state or federal law, rules, or regulations. This section is not intended to restrict the investigations and proceedings of the commission so long as the commission maintains the confidentiality required by this section.
[ 2013 c 19 § 85; 2005 c 274 § 330; 1987 c 411 § 9.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.010 - Findings.

RCW 69.48.010
Findings.
(1) Abuse, fatal overdoses, and poisonings from prescription and over-the-counter medicines used in the home have emerged as an epidemic in recent years. Poisoning is the leading cause of unintentional injury-related death in Washington, and more than ninety percent of poisoning deaths are due to drug overdoses. Poisoning by prescription and over-the-counter medicines is also one of the most common means of suicide and suicide attempts, with poisonings involved in more than twenty-eight thousand suicide attempts between 2004 and 2013.
(2) Home medicine cabinets are the most common source of prescription drugs that are diverted and misused. Studies find about seventy percent of those who abuse prescription medicines obtain the drugs from family members or friends, usually for free. People who are addicted to heroin often first abused prescription opiate medicines. Unused, unwanted, and expired medicines that accumulate in homes increase risks of drug abuse, overdoses, and preventable poisonings.
(3) A safe system for the collection and disposal of unused, unwanted, and expired medicines is a key element of a comprehensive strategy to prevent prescription drug abuse, but disposing of medicines by flushing them down the toilet or placing them in the garbage can contaminate groundwater and other bodies of water, contributing to long-term harm to the environment and animal life.
(4) The legislature therefore finds that it is in the interest of public health to establish a single, uniform, statewide system of regulation for safe and secure collection and disposal of medicines through drug "take-back" programs operated and funded by drug manufacturers.
[ 2021 c 155 § 1; 2018 c 196 § 1.]
NOTES:
Sunset Act application: See note following chapter digest.
Findings—Intent—2021 c 155: "(1) The legislature finds that in 2018, the legislature passed Engrossed Substitute House Bill No. 1047, which required drug manufacturers that sell drugs into Washington to operate a drug take-back program to collect and dispose of prescription and over-the-counter drugs. Further, the legislature finds that there is uncertainty about whether, under current law, more than one drug take-back program may operate.
(2) Therefore, the legislature intends to clearly authorize the department of health to approve and allow the operation of multiple drug take-back programs that meet all statutory requirements." [ 2021 c 155 § 2.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.030 - Requirement to participate in a drug take-back program.

RCW 69.48.030
Requirement to participate in a drug take-back program.
A covered manufacturer must establish and implement a drug take-back program that complies with the requirements of this chapter. A manufacturer that becomes a covered manufacturer after June 7, 2018, must, no later than six months after the date on which the manufacturer became a covered manufacturer, participate in an approved drug take-back program or establish and implement a drug take-back program that complies with the requirements of this chapter. A covered manufacturer may establish and implement a drug take-back program independently, as part of a group of covered manufacturers, or through membership in a drug take-back organization.
[ 2018 c 196 § 3.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.040 - Identification of covered manufacturers.

RCW 69.48.040
Identification of covered manufacturers.
(1) No later than ninety days after June 7, 2018, a drug wholesaler that sells a drug in or into Washington must provide a list of drug manufacturers to the department in a form agreed upon with the department. A drug wholesaler must provide an updated list to the department on January 15th of each year.
(2) No later than ninety days after June 7, 2018, a retail pharmacy, private label distributor, or repackager must provide written notification to the department identifying the drug manufacturer from which the retail pharmacy, private label distributor, or repackager obtains a drug that it sells under its own label.
(3) A person or entity that receives a letter of inquiry from the department regarding whether or not it is a covered manufacturer under this chapter shall respond in writing no later than sixty days after receipt of the letter. If the person or entity does not believe it is a covered manufacturer for purposes of this chapter, it shall: (a) State the basis for the belief; (b) provide a list of any drugs it sells, distributes, repackages, or otherwise offers for sale within the state; and (c) identify the name and contact information of the manufacturer of the drugs identified under (b) of this subsection.
[ 2018 c 196 § 4.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.080 - Disposal and handling of covered drugs.

RCW 69.48.080
Disposal and handling of covered drugs.
(1) Covered drugs collected under a drug take-back program must be disposed of at a permitted hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as they exist on June 7, 2018.
(2) If use of a hazardous waste disposal facility described in subsection (1) of this section is unfeasible based on cost, logistics, or other considerations, the department, in consultation with the department of ecology, may grant approval for a program operator to dispose of some or all collected covered drugs at a permitted large municipal waste combustor facility that meets the requirements of 40 C.F.R. parts 60 and 62, as they exist on June 7, 2018.
(3) A program operator may petition the department for approval to use final disposal technologies or processes that provide superior environmental and human health protection than that provided by the technologies described in subsections (1) and (2) of this section, or equivalent protection at less cost. In reviewing a petition under this subsection, the department shall take into consideration regulations or guidance issued by the United States environmental protection agency on the disposal of pharmaceutical waste. The department, in consultation with the department of ecology, shall approve a disposal petition under this section if the disposal technology or processes described in the petition provides equivalent or superior protection in each of the following areas:
(a) Monitoring of any emissions or waste;
(b) Worker health and safety;
(c) Air, water, or land emissions contributing to persistent, bioaccumulative, and toxic pollution; and
(d) Overall impact to the environment and human health.
(4) If a drug take-back program encounters a safety or security problem during collection, transportation, or disposal of covered drugs, the program operator must notify the department as soon as practicable after encountering the problem.
[ 2018 c 196 § 8.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.090 - Program funding.

RCW 69.48.090
Program funding.
(1) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which they participate. Such administrative and operational costs include, but are not limited to: Collection and transportation supplies for each collection site; purchase of secure collection receptacles for each collection site; ongoing maintenance or replacement of secure collection receptacles when requested by authorized collectors; prepaid, preaddressed mailers; compensation of authorized collectors, if applicable; operation of periodic collection events, including the cost of law enforcement staff time; transportation of all collected covered drugs to final disposal; environmentally sound disposal of all collected covered drugs in compliance with RCW 69.48.080; and program promotion and outreach.
(2) A program operator, covered manufacturer, authorized collector, or other person may not charge:
(a) A specific point-of-sale fee to consumers to recoup the costs of a drug take-back program; or
(b) A specific point-of-collection fee at the time covered drugs are collected from covered entities.
[ 2018 c 196 § 9.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.100 - Annual program report.

RCW 69.48.100
Annual program report.
(1) By July 1st after the first full year of implementation, and each July 1st thereafter, a program operator must submit to the department a report describing implementation of the drug take-back program during the previous calendar year. The report must include:
(a) A list of covered manufacturers participating in the drug take-back program;
(b) The amount, by weight, of covered drugs collected, including the amount by weight from each collection method used;
(c) The following details regarding the program's collection system: A list of collection sites with addresses; the number of mailers provided; locations where mailers were provided, if applicable; dates and locations of collection events held, if applicable; and the transporters and disposal facility or facilities used;
(d) Whether any safety or security problems occurred during collection, transportation, or disposal of covered drugs, and if so, completed and anticipated changes to policies, procedures, or tracking mechanisms to address the problem and improve safety and security;
(e) A description of the public education, outreach, and evaluation activities implemented;
(f) A description of how collected packaging was recycled to the extent feasible;
(g) A summary of the program's goals for collection amounts and public awareness, the degree of success in meeting those goals, and if any goals have not been met, what effort will be made to achieve those goals the following year; and
(h) The program's annual expenditures, itemized by program category.
(2) Within thirty days after each annual period of operation of an approved drug take-back program, the program operator shall submit an annual collection amount report to the department that provides the total amount, by weight, of covered drugs collected from each collection site during the prior year.
(3) The department shall make reports submitted under this section available to the public through the internet.
[ 2018 c 196 § 10.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.110 - Enforcement and penalties.

RCW 69.48.110
Enforcement and penalties.
(1) The department may audit or inspect the activities and records of a drug take-back program to determine compliance with this chapter or investigate a complaint.
(2)(a) The department shall send a written notice to a covered manufacturer that fails to participate in a drug take-back program as required by this chapter. The notice must provide a warning regarding the penalties for violation of this chapter.
(b) A covered manufacturer that receives a notice under this subsection (2) may be assessed a penalty if, sixty days after receipt of the notice, the covered manufacturer continues to sell a covered drug in or into the state without participating in a drug take-back program approved under this chapter.
(3)(a) The department may send a program operator a written notice warning of the penalties for noncompliance with this chapter if it determines that the program operator's drug take-back program is in violation of this chapter or does not conform to the proposal approved by the department. The department may assess a penalty on the program operator and participating covered manufacturers if the program does not come into compliance by thirty days after receipt of the notice.
(b) The department may immediately suspend operation of a drug take-back program and assess a penalty if it determines that the program is in violation of this chapter and the violation creates a condition that, in the judgment of the department, constitutes an immediate hazard to the public or the environment.
(4)(a) The department shall send a written notice to a drug wholesaler or a retail pharmacy that fails to provide a list of drug manufacturers to the department as required by RCW 69.48.040. The notice must provide a warning regarding the penalties for violation of this chapter.
(b) A drug wholesaler or retail pharmacy that receives a notice under this subsection may be assessed a penalty if, sixty days after receipt of the notice, the drug wholesaler or retail pharmacy fails to provide a list of drug manufacturers.
(5) In enforcing the requirements of this chapter, the department:
(a) May require an informal administrative conference;
(b) May require a person or entity to engage in or refrain from engaging in certain activities pertaining to this chapter;
(c) May, in accordance with RCW 43.70.095, assess a civil fine of up to two thousand dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation. In determining the appropriate amount of the fine, the department shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the entity in violation; and
(d) May not prohibit a covered manufacturer from selling a drug in or into the state of Washington.
[ 2018 c 196 § 11.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.120 - Department to set program fees.

RCW 69.48.120
Department to set program fees.
(1)(a) The department shall: Determine its costs for the administration, oversight, and enforcement of the requirements of this chapter, including, but not limited to, a fee for proposal review, and the survey required under RCW 69.48.200; pursuant to RCW 43.70.250, set fees at a level sufficient to recover the costs associated with administration, oversight, and enforcement; and adopt rules establishing requirements for program operator proposals.
(b) The department shall not impose any fees in excess of its actual administrative, oversight, and enforcement costs. The fees collected from each program operator in calendar year 2020 and any subsequent year may not exceed ten percent of the program's annual expenditures as reported to the department in the annual report required by RCW 69.48.100 and determined by the department.
(c) Adjustments to the department's fees may be made annually and shall not exceed actual administration, oversight, and enforcement costs. Adjustments for inflation may not exceed the percentage change in the consumer price index for all urban consumers in the United States as calculated by the United States department of labor as averaged by city for the twelve-month period ending with June of the previous year.
(d) The annual fee set by the department shall be evenly split amongst each approved program operator.
(e) The department shall collect annual operating fees from each program operator by October 1, 2019, and annually thereafter.
(f) Between July 25, 2021, and January 1, 2024, the department shall collect a nonrefundable one-time fee of $157,000 for review of proposals from each potential program operator applicant as provided in RCW 69.48.050.
(2) All fees collected under this section must be deposited in the secure drug take-back program account established in RCW 69.48.130.
[ 2021 c 155 § 5; 2018 c 196 § 12.]
NOTES:
Sunset Act application: See note following chapter digest.
Findings—Intent—2021 c 155: See note following RCW 69.48.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.48 - Drug Take-Back Program. › 69.48.130 - Secure drug take-back program account.

RCW 69.48.130
Secure drug take-back program account.
The secure drug take-back program account is created in the state treasury. All receipts received by the department under this chapter must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enforcing this chapter.
[ 2018 c 196 § 13.]
NOTES:
Sunset Act application: See note following chapter digest.