reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.410 - Embargo on honey or product—Notice by director—Removal.

RCW 69.28.410
Embargo on honey or product—Notice by director—Removal.
Whenever the director shall find, or shall have probable cause to believe, that any honey or product subject to the provisions of this chapter, as now or hereafter amended, is in intrastate commerce, which was introduced into such intrastate commerce in violation of the provisions of this chapter, as now or hereafter amended, he or she is hereby authorized to affix to such honey or product a notice placing an embargo on such honey or product, and prohibiting its sale in intrastate commerce, and no person shall move or sell such honey or product without first receiving permission from the director to move or sell such honey or product. But if, after such honey or product has been embargoed, the director shall find that such honey or product does not involve a violation of this chapter, as now or hereafter amended, such embargo shall be forthwith removed.
[ 2012 c 117 § 360; 1975 1st ex.s. c 283 § 3.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.420 - Embargo on honey or product—Court order affirming, required—Order for destruction or correction and release—Bond.

RCW 69.28.420
Embargo on honey or product—Court order affirming, required—Order for destruction or correction and release—Bond.
When the director has embargoed any honey or product, he or she shall, no later than twenty days after the affixing of notice of its embargo, petition the superior court for an order affirming such embargo. Such court shall then have jurisdiction, for cause shown and after prompt hearing to any claimant of such honey or product, to issue an order which directs the removal of such embargo or the destruction or the correction and release of such honey or product. An order for destruction or correction and release shall contain such provision for the payment of pertinent court costs and fees and administrative expenses, as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provision for bond, as the court finds indicated in the circumstances.
[ 2012 c 117 § 361; 1975 1st ex.s. c 283 § 4.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.430 - Consolidation of petitions presenting same issue and claimant.

RCW 69.28.430
Consolidation of petitions presenting same issue and claimant.
Two or more petitions under this chapter, as now or hereafter amended, which pend at the same time and which present the same issue and claimant hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon application to any court of jurisdiction by the director or by such claimant.
[ 1975 1st ex.s. c 283 § 5.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.440 - Sample of honey or product may be obtained—Procedure.

RCW 69.28.440
Sample of honey or product may be obtained—Procedure.
The claimant in any proceeding by petition under this chapter, as now or hereafter amended, shall be entitled to receive a representative sample of the honey or product subject to such proceeding, upon application to the court of jurisdiction made at any time after such petition and prior to the hearing thereon.
[ 1975 1st ex.s. c 283 § 6.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.450 - Recovery of damages barred if probable cause for embargo.

RCW 69.28.450
Recovery of damages barred if probable cause for embargo.
No state court shall allow the recovery of damages for embargo under this chapter, as now or hereafter amended, if the court finds that there was probable cause for such action.
[ 1975 1st ex.s. c 283 § 7.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.900 - Severability—1939 c 199.

RCW 69.28.900
Severability—1939 c 199.
If any provisions of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this chapter. The legislature hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the other sections, subsections, sentences, clauses and phrases be declared unconstitutional.
[ 1939 c 199 § 45; RRS § 6163-45.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.28 - Honey. › 69.28.910 - Short title.

RCW 69.28.910
Short title.
This chapter may be known and cited as the Washington state honey act.
[ 1939 c 199 § 1; RRS § 6163-1.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.005 - Purpose.

RCW 69.30.005
Purpose.
The purpose of this chapter is to provide for the sanitary control of shellfish. Protection of the public health requires assurances that commercial shellfish are harvested only from approved growing areas and that processing of shellfish is conducted in a safe and sanitary manner.
[ 1989 c 200 § 2.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.010 - Definitions.

RCW 69.30.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Approved shellfish tag or label" means a tag or label meeting the requirements of the national shellfish sanitation program model ordinance.
(2) "Commercial quantity" means any quantity exceeding: (a) Forty pounds of mussels; (b) one hundred oysters; (c) fourteen horse clams; (d) six geoducks; (e) fifty pounds of hard or soft shell clams; or (f) fifty pounds of scallops. The poundage in this subsection (2) constitutes weight with the shell.
(3) "Department" means the state department of health.
(4) "Establishment" means the buildings, together with the necessary equipment and appurtenances, used for the storage, culling, shucking, packing and/or shipping of shellfish in commercial quantity or for sale for human consumption.
(5) "Ex officio fish and wildlife officer" means an ex officio fish and wildlife officer as defined in RCW 77.08.010.
(6) "Fish and wildlife officer" means a fish and wildlife officer as defined in RCW 77.08.010.
(7) "Person" means any individual, partnership, firm, company, corporation, association, or the authorized agents of any such entities.
(8) "Sale" means to sell, offer for sale, barter, trade, deliver, consign, hold for sale, consignment, barter, trade, or delivery, and/or possess with intent to sell or dispose of in any commercial manner.
(9) "Secretary" means the secretary of health or his or her authorized representatives.
(10) "Shellfish" means all varieties of fresh and frozen oysters, mussels, clams, and scallops, either shucked or in the shell, and any fresh or frozen edible products thereof.
(11) "Shellfish growing areas" means the lands and waters in and upon which shellfish are grown for harvesting in commercial quantity or for sale for human consumption.
(12) "Shellstock" means live molluscan shellfish in the shell.
[ 2011 c 194 § 1; 2001 c 253 § 5; 1995 c 147 § 1; 1991 c 3 § 303; 1989 c 200 § 1; 1985 c 51 § 1; 1979 c 141 § 70; 1955 c 144 § 1.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.020 - Approved shellfish tag or label—Requirement to sell or offer to sell shellfish.

RCW 69.30.020
Approved shellfish tag or label—Requirement to sell or offer to sell shellfish.
It is unlawful to sell or offer to sell shellfish in this state unless the shellfish bear an approved shellfish tag or label indicating compliance with the sanitary requirements of this state or a state, territory, province, or country of origin whose requirements are equal or comparable to those established pursuant to this chapter. The department, a fish and wildlife officer, or an ex officio fish and wildlife officer may immediately seize containers of shellfish that are not affixed with an approved shellfish tag or label.
[ 2011 c 194 § 2; 1955 c 144 § 2.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.030 - Rules and regulations—Duties of state board of health.

RCW 69.30.030
Rules and regulations—Duties of state board of health.
(1) The state board of health shall adopt rules governing the sanitation of shellfish, shellfish growing areas, and shellfish plant facilities and operations in order to protect public health and carry out the provisions of this chapter. Such rules and regulations may include reasonable sanitary requirements relative to the quality of shellfish growing waters and areas, boat and barge sanitation, building construction, water supply, sewage and wastewater disposal, lighting and ventilation, insect and rodent control, shell disposal, garbage and waste disposal, cleanliness of establishment, the handling, storage, construction and maintenance of equipment, the handling, storage and refrigeration of shellfish, the identification of containers, and the handling, maintenance, and storage of permits, certificates, and records regarding shellfish taken under this chapter. The state board of health shall adopt rules governing procedures for the disposition of seized shellfish.
(2) The state board of health shall consider the most recent version of the national shellfish sanitation program model ordinance, adopted by the interstate shellfish sanitation conference, when adopting rules.
[ 2011 c 194 § 3; 1995 c 147 § 2; 1955 c 144 § 3.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.050 - Shellfish growing areas—Requirements to harvest—Certificates of approval.

RCW 69.30.050
Shellfish growing areas—Requirements to harvest—Certificates of approval.
(1) It is unlawful for a person to harvest shellfish from shellfish growing areas in a commercial quantity or for sale for human consumption unless the shellfish growing area:
(a) Has a valid certificate of approval; and
(b) Meets the requirements of this chapter and the rules adopted under this chapter.
(2) A person may not remove shellfish in a commercial quantity or for sale for human consumption from a shellfish growing area in the state of Washington unless:
(a) The person has received a certificate of approval for the shellfish growing area from the department; and
(b) Approved shellfish tags are affixed to each container of shellstock prior to removal from the shellfish growing area, except bulk tagging is permitted as allowed in the national shellfish sanitation program model ordinance.
(3) Before issuing a certificate of approval, the department shall inspect the shellfish growing area. The department shall issue a certificate of approval if the area meets the requirements of this chapter and the rules adopted under this chapter.
(4) A certificate of approval is valid for a period of twelve months. The department may revoke a certificate of approval at any time the area is found out of compliance with the requirements of this chapter or the rules adopted under this chapter.
(5) It is unlawful to remove shellfish from shellfish growing areas without a certificate of approval in a commercial quantity for purposes other than human consumption, including but not limited to use as bait or seed, unless:
(a) The shellfish operation and shellfish growing area is readily available to monitoring and inspections; and
(b) The department has determined the shellfish operation is designed to ensure that shellfish harvested from such an area is not diverted for human consumption.
(6) Nothing in this section prohibits a person from removing shellfish for use as bait or seed from an approved shellfish growing area.
(7) The department's certificate of approval to harvest shellfish for purposes other than human consumption shall specify:
(a) The date or dates and time of harvest;
(b) All applicable conditions of harvest;
(c) Identification by tagging, dying, or other department-approved means; and
(d) Information about the removal method, transportation method, processing technique, sale details, and other factors to ensure that shellfish harvested from such areas are not diverted for human consumption.
[ 2011 c 194 § 4; 1995 c 147 § 3; 1985 c 51 § 2; 1955 c 144 § 5.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.060 - Certificates of approval—Culling, shucking, packing establishments.

RCW 69.30.060
Certificates of approval—Culling, shucking, packing establishments.
(1) It is unlawful for a person to cull, shuck, or pack shellfish in the state of Washington in a commercial quantity or for sale for human consumption unless the establishment in which such operations are conducted has been certified by the department as meeting the requirements of the state board of health.
(2) A person may not cull, shuck, or pack shellfish within the state of Washington in a commercial quantity or for sale for human consumption, unless the person has received a certificate of approval from the department for the establishment in which such operations will be done.
(3) Before issuing a certificate of approval, the department shall inspect the establishment, and if the establishment meets the rules of the state board of health, the department shall issue a certificate of approval. Such certificates of approval shall be issued for a period not to exceed twelve months, and may be revoked at any time the establishment or the operations are found not to be in compliance with the rules of the state board of health.
[ 2011 c 194 § 5; 1985 c 51 § 3; 1955 c 144 § 6.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.070 - Certificates of approval—Compliance with other laws and rules required.

RCW 69.30.070
Certificates of approval—Compliance with other laws and rules required.
Any certificate of approval issued under the provisions of this chapter shall not relieve any person from complying with the laws, rules and/or regulations of the department of fish and wildlife, relative to shellfish.
[ 1994 c 264 § 40; 1955 c 144 § 7.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.080 - Licenses or certificates of approval—Department may deny, revoke, or suspend.

RCW 69.30.080
Licenses or certificates of approval—Department may deny, revoke, or suspend.
(1) The department may deny, revoke, or suspend a person's license or certificate of approval for:
(a) Violations of this chapter or the rules adopted under this chapter; or
(b) Harassing or threatening an authorized representative of the department during the performance of his or her duties.
(2) RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
[ 2011 c 194 § 6; 1991 c 3 § 304; 1989 c 175 § 125; 1979 c 141 § 71; 1955 c 144 § 8.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.085 - License, certificate of approval—Denial, revocation, suspension—Prohibited acts—Penalties.

RCW 69.30.085
License, certificate of approval—Denial, revocation, suspension—Prohibited acts—Penalties.
(1) A person, or its director or officer, whose license or certificate of approval is denied, revoked, or suspended as a result of violations of this chapter or rules adopted under this chapter may not:
(a) Supervise, be employed by, or manage a shellfish operation licensed or certified under this chapter or rules adopted under this chapter;
(b) Participate in the harvesting, shucking, packing, or shipping of shellfish in commercial quantities or for sale;
(c) Participate in the brokering of shellfish, purchase of shellfish for resale, or retail sale of shellfish; or
(d) Engage in any activity associated with selling or offering to sell shellfish.
(2) Subsections (1)(c) and (d) of this section do not apply to retail purchases of shellfish for personal use.
(3) Subsection (1) of this section applies to a person only during the period of time in which that person's license or certificate of approval is denied, revoked, or suspended.
(4) Unlawful operations under subsection (1) of this section when a license or certificate of approval is denied, revoked, or suspended is a class C felony. Upon conviction, the department shall order that the person's license or certificate of approval be revoked for a period of at least five years, or that a person whose application for a license or certificate of approval was denied be ineligible to reapply for a period of at least five years.
(5) A license or certificate of approval issued under this chapter may not be assigned or transferred in any manner without department approval.
[ 2011 c 194 § 7; 1998 c 44 § 1.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.110 - Possession or sale in violation of chapter—Enforcement—Seizure—Disposal.

RCW 69.30.110
Possession or sale in violation of chapter—Enforcement—Seizure—Disposal.
(1) It is unlawful for any person to possess a commercial quantity of shellfish or to sell or offer to sell shellfish in the state which have not been grown, shucked, packed, or shipped in accordance with the provisions of this chapter. Failure of a shellfish grower to display a certificate of approval, or department-approved equivalent, issued under RCW 69.30.050 to an authorized representative of the department, a fish and wildlife officer, or an ex officio fish and wildlife officer subjects the grower to the penalty provisions of this chapter, as well as seizure and disposition, up to and including disposal, of the shellfish by the representative or officer.
(2) Failure of a shellfish processor to display a certificate of approval issued under RCW 69.30.060 to an authorized representative of the department, a fish and wildlife officer, or an ex officio fish and wildlife officer subjects the processor to the penalty provisions of this chapter, as well as seizure and disposition, up to and including disposal, of the shellfish by the representative or officer.
[ 2011 c 194 § 8; 2001 c 253 § 6; 1995 c 147 § 4; 1985 c 51 § 4; 1979 c 141 § 74; 1955 c 144 § 11.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.120 - Inspection by department—Access to regulated business or entity—Administrative inspection warrant.

RCW 69.30.120
Inspection by department—Access to regulated business or entity—Administrative inspection warrant.
The department may enter and inspect any shellfish growing area or establishment for the purposes of determining compliance with this chapter and rules adopted under this chapter. The department may inspect all shellfish, all permits, all certificates of approval and all records.
During such inspections the department shall have free and unimpeded access to all buildings, yards, warehouses, storage and transportation facilities, vehicles, and other places reasonably considered to be or to have been part of the regulated business or entity, to all ledgers, books, accounts, memorandums, or records required to be compiled or maintained under this chapter or under rules adopted pursuant to this chapter, and to any products, components, or other materials reasonably believed to be or to have been used, processed, or produced by or in connection with the regulated business or activity. In connection with such inspections the department may take such samples or specimens as may be reasonably necessary to determine whether there exists a violation of this chapter or rules adopted under this chapter.
Inspection of establishments may be conducted between eight a.m. and five p.m. on any weekday that is not a legal holiday, during any time the regulated business or entity has established as its usual business hours, at any time the regulated business or entity is open for business or is otherwise in operation, and at any other time with the consent of the owner or authorized agent of the regulated business or entity.
The department may apply for an administrative inspection warrant to a court of competent jurisdiction and an administrative inspection warrant may issue where:
(1) The department has attempted an inspection under this chapter and access to all or part of the regulated business or entity has been actually or constructively denied; or
(2) There is reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.
[ 1995 c 147 § 5; 1985 c 51 § 5; 1955 c 144 § 12.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.130 - Water pollution laws and rules applicable.

RCW 69.30.130
Water pollution laws and rules applicable.
All existing laws and rules and regulations governing the pollution of waters of the state shall apply in the control of pollution of shellfish growing areas.
[ 1955 c 144 § 13.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.140 - Penalties.

RCW 69.30.140
Penalties.
Except as provided in RCW 69.30.085(4), any person convicted of violating any of the provisions of this chapter shall be guilty of a gross misdemeanor. A conviction is an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this chapter or rules adopted under this chapter, regardless of whether imposition of sentence is deferred or the penalty is suspended, and shall be treated as a conviction for purposes of license revocation and suspension of privileges under *RCW 77.15.700(5).
[ 2011 c 194 § 9; 2001 c 253 § 7; 1995 c 147 § 6; 1985 c 51 § 6; 1955 c 144 § 14.]
NOTES:
*Reviser's note: RCW 77.15.700 was amended by 2003 c 386 § 2, deleting subsection (5).
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.30 - Sanitary Control of Shellfish. › 69.30.145 - Civil penalties.

RCW 69.30.145
Civil penalties.
As limited by RCW 69.30.150, the department may impose civil penalties for violations of standards set forth in this chapter or rules adopted under RCW 69.30.030.
[ 1989 c 200 § 3.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.36 - Washington Caustic Poison Act of 1929. › 69.36.020 - Misbranded sales, etc., prohibited—Exceptions.

RCW 69.36.020
Misbranded sales, etc., prohibited—Exceptions.
No person shall sell, barter, or exchange, or receive, hold, pack, display, or offer for sale, barter, or exchange, in this state any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, said parcel, package, or container being designed for household use; PROVIDED, That household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale, and distributed in this state by any dealer, wholesale or retail; PROVIDED FURTHER, That no person shall be liable to prosecution and conviction under this chapter when he or she establishes a guaranty bearing the signature and address of a vendor residing in the United States from whom he or she purchased the dangerous caustic or corrosive substance, to the effect that such substance is not misbranded within the meaning of this chapter. No person in this state shall give any such guaranty when such dangerous caustic or corrosive substance is in fact misbranded within the meaning of this chapter.
[ 2012 c 117 § 363; 1929 c 82 § 2; RRS § 2508-2. FORMER PART OF SECTION: 1929 c 82 § 1 now codified in RCW 69.32.010.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.36 - Washington Caustic Poison Act of 1929. › 69.36.030 - Condemnation of misbranded packages.

RCW 69.36.030
Condemnation of misbranded packages.
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use, that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter, or exchange, shall be liable to be proceeded against in any superior court within the jurisdiction of which the same is found and seized for confiscation, and if such substance is condemned as misbranded, by said court, it shall be disposed of by destruction or sale, as the court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the state treasurer; but such substance shall not be sold contrary to the laws of the state: PROVIDED, HOWEVER, That upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof. Such condemnation proceedings shall conform as near as may be to proceedings in the seizure, and condemnation of substances unfit for human consumption.
[ 1929 c 82 § 3; RRS § 2508-3.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.36 - Washington Caustic Poison Act of 1929. › 69.36.040 - Enforcement—Approval of labels.

RCW 69.36.040
Enforcement—Approval of labels.
The director of agriculture shall enforce the provisions of this chapter, and he or she is hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this chapter as may be submitted to him or her for that purpose and as may in his or her judgment conform to the requirements of this statute: PROVIDED, HOWEVER, That in any prosecution under this chapter the fact that any brand or label involved in said prosecution has not been submitted to said director for approval, or if submitted, has not been approved by him or her, shall be immaterial.
[ 2012 c 117 § 364; 1929 c 82 § 5; RRS § 2508-5.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.36 - Washington Caustic Poison Act of 1929. › 69.36.050 - Duty to prosecute.

RCW 69.36.050
Duty to prosecute.
Every prosecuting attorney to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this chapter shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided.
[ 1929 c 82 § 6; RRS § 2508-6.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.36 - Washington Caustic Poison Act of 1929. › 69.36.060 - Penalty.

RCW 69.36.060
Penalty.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor.
[ 1929 c 82 § 4; RRS § 2508-4.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.36 - Washington Caustic Poison Act of 1929. › 69.36.070 - Short title.

RCW 69.36.070
Short title.
This chapter may be cited as the Washington Caustic Poison Act of 1929.
[ 1929 c 82 § 7; RRS § 2508-7.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.38 - Poisons—Sales and Manufacturing. › 69.38.010 - "Poison" defined.

RCW 69.38.010
"Poison" defined.
As used in this chapter "poison" means:
(1) Arsenic and its preparations;
(2) Cyanide and its preparations, including hydrocyanic acid;
(3) Strychnine; and
(4) Any other substance designated by the pharmacy quality assurance commission which, when introduced into the human body in quantities of sixty grains or less, causes violent sickness or death.
[ 2013 c 19 § 52; 1987 c 34 § 1.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.38 - Poisons—Sales and Manufacturing. › 69.38.020 - Exemptions from chapter.

RCW 69.38.020
Exemptions from chapter.
All substances regulated under chapters 15.58, 17.21, 69.04, 69.41, and 69.50 RCW, and chapter 69.45 RCW are exempt from the provisions of this chapter.
[ 1987 c 34 § 2.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.38 - Poisons—Sales and Manufacturing. › 69.38.030 - Poison register—Identification of purchaser.

RCW 69.38.030
Poison register—Identification of purchaser.
It is unlawful for any person, either on the person's own behalf or while an employee of another, to sell any poison without first recording in ink in a "poison register" kept solely for this purpose the following information:
(1) The date and hour of the sale;
(2) The full name and home address of the purchaser;
(3) The kind and quantity of poison sold; and
(4) The purpose for which the poison is being purchased.
The purchaser shall present to the seller identification which contains the purchaser's photograph and signature. No sale may be made unless the seller is satisfied that the purchaser's representations are true and that the poison will be used for a lawful purpose. Both the purchaser and the seller shall sign the poison register entry.
If a delivery of a poison will be made outside the confines of the seller's premises, the seller may require the business purchasing the poison to submit a letter of authorization as a substitute for the purchaser's photograph and signature requirements. The letter of authorization shall include the unified business identifier and address of the business, a full description of how the substance will be used, and the signature of the purchaser. Either the seller or the employee of the seller delivering or transferring the poison shall affix his or her signature to the letter as a witness to the signature and identification of the purchaser. The transaction shall be recorded in the poison register as provided in this section. Letters of authorization shall be kept with the poison register and shall be subject to the inspection and preservation requirements contained in RCW 69.38.040.
[ 1988 c 197 § 1; 1987 c 34 § 3.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.38 - Poisons—Sales and Manufacturing. › 69.38.040 - Inspection of poison register—Penalty for failure to maintain register.

RCW 69.38.040
Inspection of poison register—Penalty for failure to maintain register.
Every poison register shall be open for inspection by law enforcement and health officials at all times and shall be preserved for at least two years after the date of the last entry. Any person failing to maintain the poison register as required in this chapter is guilty of a misdemeanor.
[ 1987 c 34 § 4.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.38 - Poisons—Sales and Manufacturing. › 69.38.050 - False representation—Penalty.

RCW 69.38.050
False representation—Penalty.
Any person making any false representation to a seller when purchasing a poison is guilty of a gross misdemeanor.
[ 1987 c 34 § 5.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.38 - Poisons—Sales and Manufacturing. › 69.38.060 - Manufacturers and sellers of poisons—License required—Penalty.

RCW 69.38.060
Manufacturers and sellers of poisons—License required—Penalty.
The pharmacy quality assurance commission, after consulting with the department of health, shall require and provide for the annual licensure of every person now or hereafter engaged in manufacturing or selling poisons within this state. Upon a payment of a fee as set by the department, the department shall issue a license in such form as it may prescribe to such manufacturer or seller. Such license shall be displayed in a conspicuous place in such manufacturer's or seller's place of business for which it is issued.
Any person manufacturing or selling poison within this state without a license is guilty of a misdemeanor.
[ 2013 c 19 § 53; 1989 1st ex.s. c 9 § 440; 1987 c 34 § 6.]
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 69.40 - Poisons and Dangerous Drugs. › 69.40.010 - Poison in edible products.

RCW 69.40.010
Poison in edible products.
It shall be unlawful for any person to sell, offer for sale, use, distribute, or leave in any place, any crackers, biscuit, bread or any other preparation resembling or in similitude, of any edible product, containing arsenic, strychnine or any other poison.
[ 1905 c 141 § 1; RRS § 6140. FORMER PART OF SECTION: 1905 c 141 § 2 now codified as RCW 69.40.015.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.40 - Poisons and Dangerous Drugs. › 69.40.015 - Poison in edible products—Penalty.

RCW 69.40.015
Poison in edible products—Penalty.
Any person violating the provisions of RCW 69.40.010 shall upon conviction be punished by a fine of not less than ten dollars nor more than five hundred dollars.
[ 1905 c 141 § 2; RRS § 6141. Formerly RCW 69.40.010, part.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.40 - Poisons and Dangerous Drugs. › 69.40.020 - Poison in milk or food products—Penalty.

RCW 69.40.020
Poison in milk or food products—Penalty.
Any person who shall sell, offer to sell, or have in his or her possession for the purpose of sale, either as owner, proprietor, or assistant, or in any manner whatsoever, whether for hire or otherwise, any milk or any food products, containing the chemical ingredient commonly known as formaldehyde, or in which any formaldehyde or other poisonous substance has been mixed, for the purpose of preservation or otherwise, is guilty of a class C felony, and upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than one year nor more than three years.
[ 2003 c 53 § 320; 1905 c 50 § 1; RRS § 6142. FORMER PART OF SECTION: 1905 c 50 § 2, now codified as RCW 69.40.025.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.40 - Poisons and Dangerous Drugs. › 69.40.025 - Supplementary to existing laws—Enforcement.

RCW 69.40.025
Supplementary to existing laws—Enforcement.
*This act shall be supplementary to the laws of this state now in force prohibiting the adulteration of food and fraud in the sale thereof; and the state dairy and food commissioner, the chemist of the state agricultural experiment station, the state attorney general and the prosecuting attorneys of the several counties of this state are hereby required, without additional compensation, to assist in the execution of *this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulteration of food and fraud in the sale thereof.
[ 1905 c 50 § 2; RRS § 6143. Formerly RCW 69.40.020, part.]
NOTES:
Reviser's note: *(1) "This act" appears in 1905 c 50 and the sections of 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 60 § 6(2); 1921 c 7 § 93(1). See RCW 43.23.090(1).
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.40 - Poisons and Dangerous Drugs. › 69.40.030 - Placing poison or other harmful object or substance in food, drinks, medicine, or water—Penalty.

RCW 69.40.030
Placing poison or other harmful object or substance in food, drinks, medicine, or water—Penalty.
(1) Every person who willfully mingles poison or places any harmful object or substance, including but not limited to pins, tacks, needles, nails, razor blades, wire, or glass in any food, drink, medicine, or other edible substance intended or prepared for the use of a human being or who shall knowingly furnish, with intent to harm another person, any food, drink, medicine, or other edible substance containing such poison or harmful object or substance to another human being, and every person who willfully poisons any spring, well, or reservoir of water, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not less than five years or by a fine of not less than one thousand dollars.
(2) *This act shall not apply to the employer or employers of a person who violates this section without such employer's knowledge.
[ 2003 c 53 § 321; 1992 c 7 § 48; 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 § 25.]
NOTES:
*Reviser's note: "this act" refers to the 1973 c 119 § 1 amendment to this section.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.40 - Poisons and Dangerous Drugs. › 69.40.055 - Selling repackaged poison without labeling—Penalty.

RCW 69.40.055
Selling repackaged poison without labeling—Penalty.
It shall be unlawful for any person to sell at retail or furnish any repackaged poison drug or product without affixing or causing to be affixed to the bottle, box, vessel, or package a label containing the name of the article, all labeling required by the Food and Drug Administration and other federal or state laws or regulations, and the word "poison" distinctly shown with the name and place of the business of the seller.
This section shall not apply to the dispensing of drugs or poisons on the prescription of a practitioner.
The pharmacy quality assurance commission shall have the authority to promulgate rules for the enforcement and implementation of this section.
Every person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.
[ 2013 c 19 § 54; 1981 c 147 § 4.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.41 - Legend Drugs—Prescription Drugs. › 69.41.020 - Prohibited acts—Information not privileged communication.

RCW 69.41.020
Prohibited acts—Information not privileged communication.
Legend drugs shall not be sold, delivered, dispensed or administered except in accordance with this chapter.
(1) No person shall obtain or attempt to obtain a legend drug, or procure or attempt to procure the administration of a legend drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b) By the forgery or alteration of a prescription or of any written order; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false address.
(2) Information communicated to a practitioner in an effort unlawfully to procure a legend drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.
(3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this chapter.
(4) No person shall, for the purpose of obtaining a legend drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, wholesaler, or any practitioner.
(5) No person shall make or utter any false or forged prescription or other written order for legend drugs.
(6) No person shall affix any false or forged label to a package or receptacle containing legend drugs.
(7) No person shall willfully fail to maintain the records required by RCW 69.41.042 and * 69.41.270.
(8) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 § 322. Prior: 1989 1st ex.s. c 9 § 408; 1989 c 352 § 8; 1973 1st ex.s. c 186 § 2.]
NOTES:
*Reviser's note: RCW 69.41.270 was repealed by 2003 c 275 § 5.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
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 69.41 - Legend Drugs—Prescription Drugs. › 69.41.032 - Prescription of legend drugs and dialysate by dialysis programs.

RCW 69.41.032
Prescription of legend drugs and dialysate by dialysis programs.
(1) This chapter shall not prevent a medicare-approved dialysis center, a facility operating a medicare-approved home dialysis program, a manufacturer, or a wholesaler, from selling, delivering, possessing, or dispensing directly to dialysis patients, if prescribed by a practitioner acting within the scope of the practitioner's practice, those legend drugs, including commercially available dialysate, used by home dialysis patients, in case or full shelf lots, as determined by the commission.
(2) The commission shall adopt rules to implement this section.
[ 2022 c 23 § 2; 2016 c 148 § 12; 1987 c 41 § 2.]
NOTES:
Application of pharmacy statutes to dialysis programs: RCW 18.64.257.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.41 - Legend Drugs—Prescription Drugs. › 69.41.040 - Prescription requirements—Penalty.

RCW 69.41.040
Prescription requirements—Penalty.
(1) A prescription, in order to be effective in legalizing the possession of legend drugs, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such legend drugs. Except as provided in RCW 69.41.095, an order purporting to be a prescription issued to a drug abuser or habitual user of legend drugs, not in the course of professional treatment, is not a prescription within the meaning and intent of this section; and the person who knows or should know that he or she is filling such an order, as well as the person issuing it, may be charged with violation of this chapter. A legitimate medical purpose shall include use in the course of a bona fide research program in conjunction with a hospital or university.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
[ 2015 c 205 § 3; 2003 c 53 § 324; 1973 1st ex.s. c 186 § 4.]
NOTES:
Intent—2015 c 205: See note following RCW 69.41.095.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.41 - Legend Drugs—Prescription Drugs. › 69.41.041 - Long-term care facilities and hospice programs—Legend drug prescriptions and chart orders.

RCW 69.41.041
Long-term care facilities and hospice programs—Legend drug prescriptions and chart orders.
(1) A pharmacy may dispense legend drugs to the resident of a long-term care facility or hospice program on the basis of a written or electronically signed prescription or chart order sent via facsimile copy by the prescriber to the long-term care facility or hospice program, and communicated or transmitted to the pharmacy pursuant to RCW 18.64.550.
(2) For the purpose of this section, the terms "long-term care facility," "hospice program," and "chart order" have the meanings provided in RCW 18.64.011.
[ 2020 c 57 § 87; 2016 c 148 § 7.]
2023 Revised Code of Washington › Title 69 - Food, Drugs, Cosmetics, and Poisons › Chapter 69.41 - Legend Drugs—Prescription Drugs. › 69.41.042 - Record requirements.

RCW 69.41.042
Record requirements.
A pharmaceutical manufacturer, wholesaler, pharmacy, or practitioner who purchases, dispenses, or distributes legend drugs shall maintain invoices or such other records as are necessary to account for the receipt and disposition of the legend drugs.
The records maintained pursuant to this section shall be available for inspection by the commission and its authorized representatives and shall be maintained for two years.
[ 2016 c 148 § 13; 1989 1st ex.s. c 9 § 405.]
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 69.41 - Legend Drugs—Prescription Drugs. › 69.41.044 - Confidentiality.

RCW 69.41.044
Confidentiality.
All records, reports, and information obtained by the commission or its authorized representatives from or on behalf of a pharmaceutical manufacturer, representative of a manufacturer, wholesaler, pharmacy, or practitioner who purchases, dispenses, or distributes legend drugs under this chapter are confidential and exempt from public inspection and copying under chapter 42.56 RCW. Nothing in this section restricts the investigations or the proceedings of the commission so long as the commission and its authorized representatives comply with the provisions of chapter 42.56 RCW.
[ 2016 c 148 § 14; 2005 c 274 § 328; 1989 1st ex.s. c 9 § 406.]
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 69.41 - Legend Drugs—Prescription Drugs. › 69.41.050 - Labeling requirements—Penalty.

RCW 69.41.050
Labeling requirements—Penalty.
(1) To every box, bottle, jar, tube or other container of a legend drug, which is dispensed by a practitioner authorized to prescribe legend drugs, there shall be affixed a label bearing the name of the prescriber, complete directions for use, the name of the drug either by the brand or generic name and strength per unit dose, name of patient and date: PROVIDED, That the practitioner may omit the name and dosage of the drug if he or she determines that his or her patient should not have this information and that, if the drug dispensed is a trial sample in its original package and which is labeled in accordance with federal law or regulation, there need be set forth additionally only the name of the issuing practitioner and the name of the patient.
(2) A violation of this section is a misdemeanor.
[ 2003 c 53 § 325; 1980 c 83 § 8; 1973 1st ex.s. c 186 § 5.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.