reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.240 - False warranty or guarantee prohibited.

RCW 15.130.240
False warranty or guarantee prohibited.
A person may not knowingly or intentionally give a false guarantee or falsely warrant that food complies with this chapter.
[ 2018 c 236 § 205.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.300 - Perishable packaged food—Pull dates.

RCW 15.130.300
Perishable packaged food—Pull dates.
(1) All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package.
(2) The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers.
(3) A person may not offer perishable packaged food for sale after the pull date, except that if clearly identified as past the pull date, packaged perishable food with an expired pull date may be sold if still wholesome and without danger to health.
(4) A person may not rewrap or repackage perishable packaged food with the intention of providing a pull date different from the original.
(5) The department may exclude the monthly requirement from the pull date for perishable packaged food with a shelf life of seven days or less.
(6) The department must consult with the secretary of the department of health when appropriate in adopting rules to establish uniform standards for pull date labeling and optimum storage conditions for perishable packaged food.
[ 2018 c 236 § 301.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.310 - Popcorn sold in theaters or commercial food establishments.

RCW 15.130.310
Popcorn sold in theaters or commercial food establishments.
(1) Theaters and other commercial food establishments that prepare and sell popcorn for human consumption must post a sign in a conspicuous location identifying whether butter or butter-like flavoring added to or attributed to the popcorn offered for sale is butter or some other product. If another product, the sign must also disclose the ingredients of the product.
(2) Popcorn sold or offered for sale in violation of this section and rules adopted by the department prescribing the size and content of the sign is misbranded for the purposes of this chapter.
(3) This provision does not apply to prepackaged popcorn labeled in compliance with applicable law.
(4) "Butter," as used in this section, means the food product usually known as butter and made exclusively from milk or cream, or both with or without common salt, and with or without additional coloring matter, and containing not less than eighty percent by weight of milkfat, all tolerance having been allowed for.
[ 2018 c 236 § 302.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.400 - General license administration.

RCW 15.130.400
General license administration.
(1) Unless otherwise provided, the provisions in this section apply to a license or certificate issued under this chapter.
(2) Applicants for a new or renewal license issued by the department must submit applications on forms prescribed by the department.
(3) The license fee must accompany any application submittal.
(4) The department must adopt rules for an annual license and renewal fee to defray the costs of administering a licensing program, including inspections.
(5) The department must issue a license to the applicant if the application is complete and the applicant's food facility complies with this chapter, including the rules adopted under it.
[ 2018 c 236 § 401.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.410 - Direct seller license.

RCW 15.130.410
Direct seller license.
(1) A person may not operate as a direct seller without a license issued by the department.
(2) A licensed direct seller must transport food under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and its container. This includes, but is not limited to, the separation of raw materials in a manner to avoid cross-contamination of other food and ensure that raw materials that inherently contain pathogenic and spoilage microorganisms, soil, or other foreign material, do not come into direct contact with other food.
(3) In the event of a food recall or when required by the department or a federal, state, or local health authority in response to a foodborne illness outbreak, a licensed direct seller must use its client listserv to notify its customers of the recall and other relevant information.
(4) A direct seller license must comply with the definition of a direct seller in this chapter and:
(a) Provide the department with a list of all leased, rented, or owned vehicles, other than vehicles that are rented for fewer than forty-five days, used by the applicant's business to deliver food;
(b) Maintain all records of vehicles rented for fewer than forty-five days for at least twelve months following the termination of the rental period; and
(c) Maintain food temperature logs or use a device to monitor the temperature of the packages in real time for all food while in transport.
(5) The department shall pay all moneys received under this section into the food processing inspection account created in RCW 69.07.120. The department must use such funds solely to carry out the provisions of this section.
(6) In the implementation of this section, the department must:
(a) Conduct inspections of vehicles, food handling areas, refrigeration equipment, and product packaging used by a licensed direct seller;
(b) Conduct audits of temperature logs and other food handling records as appropriate;
(c) Investigate complaints against a licensed direct seller for the failure to maintain food safety; and
(d) Adopt rules, in consultation with the department of health and local health jurisdictions, necessary to administer and enforce the program consistent with federal regulations.
(7) Direct sellers that have a license from the department under this section are exempt from the permitting requirements of food service rules adopted by the state board of health and local health jurisdictions.
[ 2018 c 236 § 402.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.420 - Inspections.

RCW 15.130.420
Inspections.
(1) Any person authorized by the department to operate a food facility must provide the department access for inspection to any part, portion, or area of the food facility or its records subject to the authorization.
(2) When possible, the department must make any such inspection during regular business hours or during a working shift of the food facility, except that the department may inspect such food facility at any time upon information of conditions that constitute immediate danger to public health.
[ 2018 c 236 § 403.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.430 - License denial, suspension, or revocation—Penalties.

RCW 15.130.430
License denial, suspension, or revocation—Penalties.
(1) The department may deny, suspend, or revoke a license issued by the department upon determining that an applicant or licensee has:
(a) Refused, neglected, or failed to comply with the provisions of this chapter or the rules adopted under it, or a lawful order of the department;
(b) Refused, neglected, or failed to keep and maintain required records or to make such records available when requested; and
(c) Refused the department access to a portion or area of the food facility for the purpose of carrying out the purposes of this chapter.
(2) In addition to or instead of suspending or revoking a license, the department may impose and collect a civil monetary penalty as provided in RCW 15.130.550 for a licensee's violations of this chapter or the rules adopted under it.
[ 2018 c 236 § 404.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.500 - Investigation.

RCW 15.130.500
Investigation.
(1) At reasonable times, the department may enter any food facility to inspect such food facility and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements and take samples for compliance with this chapter and the rules adopted under it.
(2) The department may take product or ingredient samples of food at food facilities or in intrastate commerce upon payment of the market price, if requested. The department must allow the owner of the food or any person named on the label of the food to conduct independent sampling.
(3) To enforce this chapter, the department may inspect the pertinent records of any state agency.
(4) When the department presents a written request specifying the food under investigation, carriers engaged in intrastate commerce and persons receiving or holding food in intrastate commerce must permit the department reasonable access to and allow the department to copy all records showing the movement or holding in intrastate commerce of food, its quantity, shipper, and consignee. Evidence obtained under this section may not be used in a criminal prosecution of the person who provides access to records under this section.
(5) An owner or other person in control of a food facility or food in intrastate commerce may not refuse to allow the department's investigation under this chapter, if the department has probable cause to conduct the investigation.
[ 2018 c 236 § 501.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.510 - Injunction.

RCW 15.130.510
Injunction.
(1) Regardless of the existence of other remedies at law, the department may bring an action to enjoin the violation of this chapter or the rules adopted under it in the superior court of Thurston county or in a court of competent jurisdiction.
(2) When the injunction concerns dissemination of false advertisement and the court determines that the injunction would delay the regular distribution of a printed issue of a newspaper, magazine, periodical, or other print publication, the court must exclude the issue from the scope of the injunction.
[ 2018 c 236 § 502.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.520 - Embargo.

RCW 15.130.520
Embargo.
(1) If the department has probable cause to believe that a food that violates a provision of this chapter and stopping its movement in intrastate commerce is necessary to protect public health, the department may initiate an embargo prohibiting transportation, distribution, or sale of the food.
(2) The department must provide an opportunity for an emergency adjudicative proceeding under chapter 34.05 RCW within twenty days of initiating the embargo action and provide notice to other governmental authorities having jurisdiction.
(3) The department must initiate the embargo action by (a) posting or affixing an embargo order on or at the location of the food or (b) delivering an embargo order to the party in control of the food. The order must specify the food under embargo, set forth the department's intent for disposition of the food, give notice of emergency hearing rights, and otherwise comply with the requirements for an emergency adjudicative proceeding under chapter 34.05 RCW. Disposition of the food may include, but is not limited to, destruction or correction or cure of the violation.
(4) A person may not transport, distribute, or sell food subject to an embargo order without the department's written approval.
(5) A person may not remove, mutilate, or destroy an embargo order without the department's written approval.
(6) The department must immediately withdraw or remove an embargo order upon discovery that the food does not violate any provision of this chapter.
(7) A court shall not allow recovery of damages in an embargo action if the court finds that there was probable cause for such action.
[ 2018 c 236 § 503.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.530 - Condemnation.

RCW 15.130.530
Condemnation.
Consistent with constitutional requirements, the department may take condemnation action against food, which may include ordering destruction of the food, if the department has probable cause to believe that immediate containment or destruction of the food is necessary to protect public health. A court shall not allow recovery of damages in a condemnation action if the court finds that there was probable cause for such action.
[ 2018 c 236 § 504.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.540 - Temporary emergency rules.

RCW 15.130.540
Temporary emergency rules.
(1) If a class of food manufactured, processed, or packed in a locality is possibly contaminated with microorganisms injurious to health and the extent of injury cannot be determined once the food has entered into intrastate commerce, the department may adopt emergency rules for the manufacture, processing, or packing of that class of food in that locality. The rules must include the conditions necessary to protect public health and provide for the department to issue temporary permits during the emergency period.
(2) A person may not manufacture, process, or pack the class of food subject to the emergency unless holding a temporary permit under the emergency rules and complying with the conditions of the permit.
(3) To the extent practicable, such emergency rules must conform to federal emergency regulations, if any, addressing the same subject.
(4) A person may not introduce or deliver in intrastate commerce food that violates the requirements of this provision.
(5) A person may not falsely represent that food subject to temporary emergency rule complies with those rules through the use of a mark stamp, tag, label, or other counterfeit or false identification device.
(6) The department may immediately suspend a temporary emergency permit when its holder violates the conditions of the permit.
[ 2018 c 236 § 505.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.550 - Civil monetary penalty.

RCW 15.130.550
Civil monetary penalty.
(1) The department may impose upon and collect a civil penalty from a person violating this chapter or the rules adopted under it.
(2) The civil penalty must not exceed one thousand dollars per violation per day, except the civil penalty for a violation of pull date requirements in RCW 15.130.300 must not exceed five hundred dollars.
(3) Each violation of this section is a separate and distinct offense.
[ 2018 c 236 § 506.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.560 - Criminal penalties.

RCW 15.130.560
Criminal penalties.
(1) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 is guilty of a misdemeanor subject to a penalty of not more than two hundred dollars.
(2) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 following a first offense under subsection (1) of this section is guilty of a misdemeanor subject to a penalty of imprisonment for not more than thirty days or a fine of not more than five hundred dollars, or both.
(3) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 with intent to defraud or mislead is guilty of a misdemeanor subject to a penalty of imprisonment for not more than ninety days or a fine of not more than one thousand dollars, or both.
(4) Before reporting a violation for criminal prosecution, the department must provide the affected person with notice and opportunity to present oral or written comment to the department.
[ 2018 c 236 § 507.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.570 - Avoidance of penalty.

RCW 15.130.570
Avoidance of penalty.
(1) A person who receives, holds, or sells adulterated or misbranded food is not subject to civil monetary or criminal penalties under this chapter if the person:
(a) Establishes that receipt or sale of the food was in good faith;
(b) Furnishes the identity of the entity from whom the food was received; and
(c) Provides copies of all documents pertaining to the receipt and distribution of the food.
(2) If food is found to be adulterated or misbranded, a person who has given guarantee or warranty that the food complies with this chapter is not subject to civil monetary or criminal penalties under this chapter if the person:
(a) Establishes that the guarantee or warranty was in good faith and in reliance on the guarantee or warranty by another entity;
(b) Furnishes the identity of the entity providing the guarantee or warranty under (a) of this subsection; and
(c) Provides copies of all documents pertaining to the receipt and distribution of the food.
(3) No publisher, broadcaster, or other disseminator of advertisement prepared by others is subject to civil or criminal penalties if the person establishes that receipt of the advertisement was in good faith and the person furnishes the identity of the entity that caused or created a false advertisement.
[ 2018 c 236 § 508.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.580 - Proceedings.

RCW 15.130.580
Proceedings.
(1) The department may refer a violation of this chapter or the rules adopted under it to a state, county, or city attorney, who may initiate proceedings as appropriate and prosecute the matter as prescribed by law.
(2) This chapter does not require the department to refer minor violations of this chapter for legal proceedings if public interest is adequately served in the circumstances by written notice or warning.
[ 2018 c 236 § 509.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.901 - Construction.

RCW 15.130.901
Construction.
This chapter and the rules adopted under it must be construed to promote uniformity with federal acts and regulations relating to adulteration, misbranding, and false advertising of food.
[ 2018 c 236 § 902.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.010 - Intent.

RCW 15.135.010
Intent.
The purpose of this chapter is to assist Washington produce farmers in implementation of the produce safety rule adopted by the United States food and drug administration pursuant to the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq., as amended by the federal food safety modernization act (P.L. 111-353).
[ 2018 c 106 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.020 - Federal law reference.

RCW 15.135.020
Federal law reference.
A reference to a federal statute in this chapter means the statute and its implementing regulations existing on June 7, 2018, or as updated by the department by rule.
[ 2018 c 106 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.030 - Definitions.

RCW 15.135.030
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Farm" means the same as "farm" in 21 C.F.R. Sec. 112.
(2) "Produce" means the same as "produce" in 21 C.F.R. Sec. 112.
(3) "Produce safety rule" means the standards for the growing, harvesting, packing, and holding of produce for human consumption adopted by the United States food and drug administration as a final rule on November 27, 2015 (80 Federal Register 74353 et seq.) and codified in 21 C.F.R. Parts 11, 16, and 112.
[ 2018 c 106 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.040 - Federal cooperation program.

RCW 15.135.040
Federal cooperation program.
The department may take actions necessary to cooperate in implementation of the produce safety rule including, but not limited to, entering into cooperative agreements with the United States food and drug administration, conducting the compliance verification activities under RCW 15.135.060, enforcing regulatory compliance, and accepting federal funding to carry out such activities. The department may cooperate with the United States food and drug administration in implementation of the produce safety rule only to the extent that the department receives federal funding for such activities.
[ 2018 c 106 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.050 - Voluntary compliance program.

RCW 15.135.050
Voluntary compliance program.
(1) The department may establish a voluntary program for farms exempt or partially exempt from the produce safety rule to verify that such farms comply with the rule. This includes, but is not limited to, conducting the compliance verification activities under RCW 15.135.060.
(2) Farms participating in the voluntary compliance program must bear the cost of the program. The director must periodically adopt, by rule, fees of no more than is necessary to defray costs of compliance verification activities and program administration.
[ 2018 c 106 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.060 - Compliance verification activities.

RCW 15.135.060
Compliance verification activities.
The department may take the following actions to verify produce farm compliance with the produce safety rule.
(1) Maintain a database of produce farms that are covered by the produce safety rule, exempt from the rule, or eligible for a qualified exemption;
(2) In compliance with law and at reasonable times, enter produce farms solely for the purpose of this chapter to:
(a) Sample and test water for microbial water quality criteria;
(b) Inspect and sample biological soil amendments, storage areas, and fields for compliance with microbial criteria;
(c) Inspect application of biological soil amendments to evaluate contact or potential contact with produce;
(d) Inspect for the presence and management of domesticated and wild animals; and
(e) Inspect equipment, tools, and buildings for adequate sanitation; and
(3) Require and receive records and data submitted by produce farms to verify compliance with the produce safety rule.
[ 2018 c 106 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.070 - Department's existing authority.

RCW 15.135.070
Department's existing authority.
This chapter does not alter or impair the department's authority for regulating food in intrastate commerce under chapter 15.130 RCW. The department may use its authority for regulating food in intrastate commerce under chapter 15.130 RCW to carry out and enforce the provisions of this chapter. For the purposes of this chapter, farms subject to the produce safety rule are engaged in intrastate commerce of food.
[ 2018 c 106 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.080 - Rule making.

RCW 15.135.080
Rule making.
(1) The department must adopt rules as necessary to implement the purpose and provisions of this chapter.
(2) By rule, the director may adopt a subsequent version of a federal statute or regulation referenced in this chapter.
[ 2018 c 106 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.090 - Disposition of funds.

RCW 15.135.090
Disposition of funds.
A produce safety account is hereby established in the agricultural local fund established in RCW 43.23.230. All moneys received under this chapter must be paid into the produce safety account and used solely to carry out the produce safety programs.
[ 2018 c 106 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.135 - Produce Safety Rule Implementation. › 15.135.100 - Certain records not subject to public disclosure.

RCW 15.135.100
Certain records not subject to public disclosure.
(1) Any information or record obtained directly from the federal government or from others under a contract with the federal government is exempt from public inspection and copying under chapter 42.56 RCW if the information or record is exempt from disclosure under federal law including, but not limited to, the federal freedom of information act.
(2) Any portion of a record obtained by the department pursuant to this chapter is exempt from public inspection and copying under chapter 42.56 RCW if it is personal financial information, proprietary data, or trade secrets and the person submitting the record to the department has designated the information as personal financial information, proprietary data, or trade secrets.
[ 2018 c 106 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.010 - Intent.

RCW 15.140.010
Intent.
The legislature intends to:
(1) Authorize and establish a new licensing and regulatory program for hemp production in this state in accordance with the agriculture improvement act of 2018;
(2) Replace the industrial hemp research program in *chapter 15.120 RCW, with the new licensing and regulatory program established in this chapter, and enable hemp growers licensed under the industrial hemp research program on the effective date of rules implementing this chapter and regulating hemp production, to transfer into the program created in this chapter; and
(3) Authorize the growing of hemp as a legal, agricultural activity in this state. Hemp is an agricultural product that may be legally grown, produced, processed, possessed, transferred, commercially sold, and traded. Hemp and processed hemp produced in accordance with this chapter or produced lawfully under the laws of another state, tribe, or country may be transferred and sold within the state, outside of this state, and internationally. Nothing in this chapter is intended to prevent or restrain commerce in this state involving hemp or hemp products produced lawfully under the laws of another state, tribe, or country.
[ 2019 c 158 § 1.]
NOTES:
*Reviser's note: Chapter 15.120 RCW was repealed by 2019 c 158 § 15.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.020 - Definitions.

RCW 15.140.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agriculture improvement act of 2018" means sections 7605, 10113, 10114, and 12619 of the agriculture improvement act of 2018, P.L. 115-334.
(2) "Cannabis" has the meaning provided in RCW 69.50.101.
(3) "Crop" means hemp grown as an agricultural commodity.
(4) "Cultivar" means a variation of the plant Cannabis sativa L. that has been developed through cultivation by selective breeding.
(5) "Department" means the Washington state department of agriculture.
(6) "Food" has the same meaning as defined in RCW 69.07.010.
(7) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(8) "Hemp consumable" means a product that is sold or provided to another person, that is:
(a) Made of hemp;
(b) Not a cannabis product, as defined in RCW 69.50.101; and
(c) Intended to be consumed or absorbed inside the body by any means, including inhalation, ingestion, or insertion.
(9) "Hemp processor" means a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.
(10)(a) "Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a tetrahydrocannabinol concentration of 0.3 percent or less by dry weight that was grown under the industrial hemp research program as it existed on December 31, 2019.
(b) "Industrial hemp" does not include plants of the genera Cannabis that meet the definition of "cannabis."
(11) "Postharvest test" means a test of tetrahydrocannabinol concentration levels of hemp after being harvested based on:
(a) Ground whole plant samples without heat applied; or
(b) Other approved testing methods.
(12) "Process" means the processing, compounding, or conversion of hemp into hemp commodities or products.
(13) "Produce" or "production" means the planting, cultivation, growing, or harvesting of hemp including hemp seed.
[ 2023 c 365 § 1; 2022 c 16 § 19; 2021 c 104 § 2; 2019 c 158 § 2.]
NOTES:
Construction—2023 c 365: See note following RCW 69.50.326.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2021 c 104: "The legislature intends to authorize and establish hemp processor registration and hemp extract certification necessary for entrance and compliance with interstate and international commerce and business requirements or stipulations in regard to hemp processing. A voluntary processor registration or hemp extract certification in lieu of a hemp processor license will allow persons or companies to ship transitional or final hemp products to states and countries that require a hemp processor license or registration." [ 2021 c 104 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.030 - Agricultural commodity program—Rule-making authority.

RCW 15.140.030
Agricultural commodity program—Rule-making authority.
(1) The department must develop an agricultural commodity program to replace the industrial hemp research pilot program in *chapter 15.120 RCW, in accordance with the agriculture improvement act of 2018.
(2) The department has sole regulatory authority over the production of hemp and may adopt rules to implement this chapter. All rules relating to hemp, including any testing of hemp, are outside of the control and authority of the liquor and cannabis board.
(3) If the department adopts rules implementing this chapter that are effective by June 1, 2019, persons licensed to grow hemp under *chapter 15.120 RCW may transfer into the regulatory program established in this chapter, and continue hemp production under this chapter. If the department adopts rules implementing this chapter that are effective after June 1, 2019, people licensed to grow hemp under *chapter 15.120 RCW may continue hemp production under this chapter as of the effective date of the rules.
(4) Immediately upon April 26, 2019, and before the adoption of rules implementing this chapter, persons licensed to grow hemp under *chapter 15.120 RCW may produce hemp in a manner otherwise consistent with the provisions of this chapter and the agriculture improvement act of 2018.
[ 2019 c 158 § 3.]
NOTES:
*Reviser's note: Chapter 15.120 RCW was repealed by 2019 c 158 § 15.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.040 - State's hemp plan.

RCW 15.140.040
State's hemp plan.
(1) The department must develop the state's hemp plan to conform to the agriculture improvement act of 2018, to include consultation with the governor and the attorney general and the plan elements required in the agriculture improvement act of 2018.
(2) Consistent with subsection (1) of this section, the state's hemp plan must include the following elements:
(a) A practice for hemp producers to maintain relevant information regarding land on which hemp is produced, including a legal description of the land, for a period of not less than three calendar years;
(b) A procedure for testing, using postdecarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp, without the application of heat;
(c) A procedure for the effective disposal of plants, whether growing or not, that are produced in violation of this chapter, and products derived from such plants;
(d) A procedure for enforcement of violations of the plan and for corrective action plans for licensees as required under the agriculture improvement act of 2018;
(e) A procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify hemp is not produced in violation of this chapter; and
(f) A certification that the state has the resources and personnel to carry out the practices and procedures described in this section.
(3) The proposal for the state's plan may include any other practice or procedure established to the extent the practice or procedure is consistent with the agriculture improvement act of 2018.
(4) Hemp and processed hemp produced in accordance with this chapter or produced lawfully under the laws of another state, tribe, or country may be transferred and sold within this state, outside of this state, and internationally.
(5) The whole hemp plant may be used as food. The department shall regulate the processing of hemp for food products, that are allowable under federal law, in the same manner as other food processing under chapters 15.130 and 69.07 RCW and may adopt rules as necessary to properly regulate the processing of hemp for food products including, but not limited to, establishing standards for creating hemp extracts used for food.
[ 2019 c 158 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.050 - Postharvest test protocol.

RCW 15.140.050
Postharvest test protocol.
The department must develop a postharvest test protocol for testing hemp under this chapter that includes testing of whole plant samples or other testing protocol identified in regulations established by the United States department of agriculture, including the testing procedures for delta-9 tetrahydrocannabinol concentration levels of hemp produced by producers under the state plan.
[ 2019 c 158 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.060 - Hemp producer license—Hemp processor registration—Rules—Fees.

RCW 15.140.060
Hemp producer license—Hemp processor registration—Rules—Fees.
(1) The department must issue hemp producer licenses to applicants qualified under this chapter and the agriculture improvement act of 2018. The department may adopt rules pursuant to this chapter and chapter 34.05 RCW as necessary to license persons to grow hemp under a commercial hemp program. The department may adopt rules pursuant to this chapter and chapter 34.05 RCW as necessary to register hemp processors.
(2) A hemp processor that processes hemp for commercial use or sale may register with the department. The registration application must include the physical address of all locations where hemp is processed or stored, a registration fee as set in rule, and any other information required by the department by rule. A registered hemp processor is not required to obtain a hemp producer license. A registered hemp processor must be a registered business entity in Washington state or a foreign entity compliant with state laws.
(3) The plan must identify qualifications for license applicants, to include adults and corporate persons and to exclude persons with felony convictions as required under the agriculture improvement act of 2018.
(4) The department must establish license fees in an amount that will fund the implementation of this chapter and sustain the hemp program. The department may adopt rules establishing fees for tetrahydrocannabinol testing, inspections, and additional services required by the United States department of agriculture. License fees and any money received by the department under this chapter must be deposited in the hemp regulatory account created in RCW 15.140.080.
[ 2021 c 104 § 3; 2019 c 158 § 6.]
NOTES:
Intent—2021 c 104: See note following RCW 15.140.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.070 - Source of hemp seeds or clones.

RCW 15.140.070
Source of hemp seeds or clones.
A person producing hemp pursuant to this chapter must notify the department of the source of the hemp seed or clones solely for the purpose of maintaining a record of the sources of seeds and clones being used or having been used for hemp production in this state. Hemp seed is an agricultural seed.
[ 2019 c 158 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.080 - Hemp regulatory account.

RCW 15.140.080
Hemp regulatory account.
The hemp regulatory account is created in the custody of the state treasurer. All receipts from fees established under this chapter must be deposited into the account. Expenditures from the account may be used only for implementing this chapter. Only the director of the state department of agriculture or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2019 c 158 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.090 - Internet-based application.

RCW 15.140.090
Internet-based application.
Washington State University may, within existing resources, develop and make accessible an internet-based application designed to assist hemp producers by providing regional communications concerning recommended planting times for hemp crops in this state.
[ 2019 c 158 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.100 - Cross-pollination—Hemp plants and cannabis plants.

RCW 15.140.100
Cross-pollination—Hemp plants and cannabis plants.
(1) There is no distance requirement, limitation, or buffer zone between any licensed hemp producer or hemp processing facility licensed or authorized under this chapter and any cannabis producer or cannabis processor licensed under chapter 69.50 RCW. No rule may establish such a distance requirement, limitation, or buffer zone without the evaluation of sufficient data showing impacts to either crop as a result of cross-pollination.
(2) Notwithstanding subsection (1) of this section, in an effort to prevent cross-pollination between hemp plants produced under this chapter and cannabis plants produced under chapter 69.50 RCW, the department, in consultation with the liquor and cannabis board, must review the state's policy regarding cross-pollination and pollen capture to ensure an appropriate policy is in place, and must modify policies or establish new policies as appropriate. Under any such policy, when a documented conflict involving cross-pollination exists between two farms or production facilities growing or producing hemp or cannabis, the farm or production facility operating first in time shall have the right to continue operating and the farm or production facility operating second in time must cease growing or producing hemp or cannabis, as applicable.
[ 2022 c 16 § 20; 2019 c 158 § 10.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.110 - Expedited rule making to adopt the state hemp plan.

RCW 15.140.110
Expedited rule making to adopt the state hemp plan.
(1) The department must use expedited rule making to adopt the state hemp plan submitted to the United States department of agriculture. As allowed under this section, rule making by the department to adopt the approved hemp plan qualifies as expedited rule making under RCW 34.05.353. Upon the submittal of the plan to the United States department of agriculture, the department may conduct initial expedited rule making under RCW 34.05.353 to establish rules to allow hemp licenses to be issued without delay.
(2) On the effective date of rules adopted by the department regulating hemp production under chapter 15.140 RCW, a licensed hemp producer under this chapter may immediately produce hemp pursuant to chapter 15.140 RCW with all the privileges of a hemp producer licensed under chapter 15.140 RCW.
[ 2019 c 158 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.120 - Limitation of enforcement of certain laws and rules.

RCW 15.140.120
Limitation of enforcement of certain laws and rules.
Beginning on April 26, 2019:
(1)(a) No law or rule related to certified or interstate hemp seeds applies to or may be enforced against a person with a license to produce or process hemp issued under this chapter; and
(b) No department or other state agency rule may establish or enforce a buffer zone or distance requirement between a person with a license or authorization to produce or process hemp under this chapter and a person with a license to produce or process cannabis issued under chapter 69.50 RCW. The department may not adopt rules without the evaluation of sufficient data showing impacts to either crop as a result of cross-pollination.
(2) Notwithstanding the rule-making provisions of RCW 15.140.030(2), if a cannabis producer or cannabis processor licensed by the liquor and cannabis board under chapter 69.50 RCW is engaged in producing or processing hemp at the same location for which they are licensed to produce or process cannabis, the liquor and cannabis board may test samples represented as hemp that are obtained from a location licensed for cannabis production or cannabis processing for the sole purpose of validating THC content of products represented as hemp. Any product with a delta-9 tetrahydrocannabinol concentration exceeding 0.3 percent on a dry weight basis is considered cannabis and is subject to the provisions of chapter 69.50 RCW.
[ 2022 c 16 § 21; 2021 c 104 § 4; 2019 c 158 § 16.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2021 c 104: See note following RCW 15.140.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.140 - Hemp Production. › 15.140.900 - Effective date—2019 c 158.

RCW 15.140.900
Effective date—2019 c 158.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2019].
[ 2019 c 158 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.145 - Soil Health Initiative. › 15.145.005 - Finding—Intent.

RCW 15.145.005
Finding—Intent.
The legislature finds that healthy soil is a cornerstone of a high quality of life on earth and that soil health is integral to supporting agricultural viability, promoting positive environmental outcomes, and ensuring the long-term availability of nutritious food.
It is the intent of the legislature that the mission of the Washington soil health initiative be the promotion of collaborative soil health research, education, demonstration projects, and technical assistance activities designed to identify, promote, and implement soil health stewardship practices that are grounded in sound science and that can be voluntarily and economically implemented by farmers and ranchers across Washington's diverse agricultural communities, climates, and geographies.
[ 2020 c 314 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.145 - Soil Health Initiative. › 15.145.010 - Definitions.

RCW 15.145.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Collaborating agencies" means the university, the department, and the commission.
(2) "Commission" means the Washington state conservation commission.
(3) "Department" means the Washington department of agriculture.
(4) "Soil health" means the continued capacity of the soil to function as a vital living ecosystem that sustains plants, animals, and humans.
(5) "Soil health initiative" means the Washington soil health initiative created by this chapter as a collaborative partnership to promote and implement voluntary soil management actions and systems to improve soil health, environmental function, nutrition, and the productivity of working farm and ranch lands.
(6) "University" means Washington State University.
[ 2020 c 314 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.145 - Soil Health Initiative. › 15.145.030 - University's primary responsibilities.

RCW 15.145.030
University's primary responsibilities.
[(1)] The university has primary responsibility for the following components of the soil health initiative:
(1) [(a)] Establishing a regionally dispersed network of long-term agroecological research and extension demonstration sites to showcase and refine soil health research and practices, build statewide awareness and understanding, and support technical assistance capacity through trainings and on-farm demonstration projects that promote positive soil health outcomes across the state's diverse food production zones;
(2) [(b)] Compiling existing information and developing new information on nutrition effects related to agricultural soil management practices and regimes, and identifying data gaps associated with understanding and quantifying such effects across the state's diverse food production zones, soil types, tillage systems, and cropping methods. Nutrition effects information compiled, developed, and assessed must include, but not be limited to, soil, plant, and food nutrient and micronutrient levels and community access to nutritious food;
(3) [(c)] Developing a statewide soil health road map, based on a compilation of existing soil health information and ancillary agronomic, economic, environmental, and nutritional benefits and identified data gaps, to refine metrics and objectives to guide future public and private investment in the soil health initiative;
(4) [(d)] Developing a statewide agricultural soil health monitoring system and database to receive data, test modeling estimations, and measure, analyze, and track trends over time in the productive use, management, and health of Washington's agricultural soils; and
(5) [(e)] Consulting and collaborating with the department and the commission to support all soil health initiative goals, objectives, and components established in this chapter.
(6) [(2)] The university shall perform its responsibilities within the appropriations provided for the soil health initiative.
[ 2020 c 314 § 4.]