Washington Administrative Code

(1) All hemp producer licensees are subject to inspection by the department. The department may inspect registered land areas under a producer license at least once during each license period. The department's inspections of the registered land area may include the following:(a) …

(1) Mature hemp will be tested for THC concentration in a department-run or approved laboratory as determined by the department using post-decarboxylation or other testing methods approved by the department.(2) Hemp testing will take place at times and on dates determined by the …

(1) In addition to testing required under WAC 16-306-090, producers may request voluntary testing for the following:(a) A link to the list of pesticides that are allowed for use on hemp is available on the department website.(b) Approved limits of mycotoxin. The sample and relate…

The whole hemp plant may be used as food for human consumption. The department shall regulate the processing of the hemp for food products allowable under federal law, in the same manner as other food processing under chapters 15.130, 69.07, and 69.22 RCW.[Statutory Authority: RC…

(1) If the hemp meets THC concentration requirements in this chapter, the department will issue a document of certification attesting that hemp has been tested or visually inspected for THC concentration and is in compliance with this chapter.(2) No hemp may leave a registered la…

(1) Hemp produced under this chapter may not be transported from a registered land area as identified on the hemp producer license until THC certification by the department as specified in WAC 16-306-120 is obtained by the applicable licensee prior to transport. During transport …

Hemp producer annual license fee is $1,200.[Statutory Authority: RCW 15.140.030. WSR 22-19-033, § 16-306-140, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 15.140.030, 15.140.060 and 2021 c 104. WSR 22-01-137, § 16-306-140, filed 12/14/21, effective 1/14/22. Statuto…

(1) Fees for hemp inspections are paid by the hemp producer licensee.(2) No renewal licenses will be issued until all fees due to the department are paid in full.(3) Hemp inspection fees are:(a) $200.00 per inspection; plus(b) Time and mileage per inspection. All time will be cha…

(1) Hemp will be tested for THC concentration in a department-run or approved laboratory as determined by the department using testing methods approved by the department.(2) Hemp testing will take place at times and on dates determined by the department.(3) Fees for hemp THC test…

(1)(a) If a hemp producer licensee's hemp tests higher than the acceptable hemp THC level, the licensee may be subject to suspension or revocation of their license. The lot must be disposed of in a manner approved by the department. If determined to be appropriate, the department…

Upon notice of intent by the department to an applicant to deny a hemp producer license, notice of intent to a licensee to suspend or revoke a license, notice of disposal of noncompliant hemp, or notice of a department finding that the licensee has committed a negligent or culpab…

(1) If the department receives notice under RCW 74.20A.320 that a hemp producer licensee is not in compliance with a child support order, the department will suspend or not renew the licensee's hemp license(s) until the department of social and health services provides the depart…

(1) When the department determines that a hemp producer has committed a negligent violation, the department will issue a notice of violation. This notice will include a corrective action plan. Producers shall not receive more than one negligent violation per calendar year. Neglig…

If the department determines a violation was committed with a culpable mental state greater than negligence, meaning, acts made intentionally, knowingly or with recklessness, the department will report the violation to USDA, the U.S. Attorney General, and the local law enforcemen…

The venue for any legal action under this chapter shall be Thurston County, Washington.[Statutory Authority: RCW 15.140.030 and chapter 34.05 RCW. WSR 20-03-174, § 16-306-220, filed 1/22/20, effective 2/22/20.]

Under the authority of chapter 15.150 RCW, the department adopts rules to establish and maintain quality standards for laboratories conducting analysis of recreational and medicinal cannabis. The standards are the elements used in the evaluation of a product's compliance with est…

"Accessioning" means the process of receiving and organizing samples for testing in a laboratory."Accreditation" means the formal recognition by the accrediting authority that a cannabis laboratory is capable of producing accurate and defensible analytical data. This recognition …

(1) A cannabis testing laboratory must be accredited by the accrediting authority prior to conducting quality assurance tests on any cannabis flower or products derived under chapter 69.50 RCW.(a) Accredited labs must conspicuously display the accreditation letter received by the…

(1) The laboratory must have a training and retraining program for all personnel that is kept current and is documented and maintained with personnel records.(2) The laboratory must maintain personnel files on all employees detailing their qualifications and duties for all positi…

(1) Each laboratory must employ a scientific director to ensure the achievement and maintenance of quality standards of practice who meets the following minimum qualifications:(a) Must possess a doctorate in the chemical or microbiological sciences from a college or university ac…

Personnel performing high complexity testing must be qualified on the basis of education, training, experience and demonstrated skills, and must meet the following minimum requirements:(1) Have a bachelor's degree in a chemical, physical, biological, or clinical laboratory scienc…

Personnel performing moderate complexity testing must be qualified on the basis of education, training, experience and demonstrated skills, and must meet the following minimum requirements:(1) Have at least a high school diploma or equivalent;(2) Have documented training to perfo…

Personnel performing low complexity testing must be qualified on the basis of education, training, experience and demonstrated skills, and must meet the following minimum requirements:(1) Have at least a high school diploma or equivalent;(2) Have training to perform the test;(3) …

(1) The laboratory must have a complete and current standard operating procedures (SOP) manual that describes in detail all laboratory operations and ensures all samples are tested in a consistent manner using the same procedures.(2) Copies of relevant sections of the SOP must be…

(1) Upon receipt, the laboratory must inspect each sample package and transportation manifest, assuring they meet the following minimum requirements:(a) Each sample package must have a transportation manifest accompanying it to the laboratory.(b) Each manifest must have the ident…

(1) Laboratories must control and document access into operation areas (e.g., accessioning, data entry, sample handling, analytical, certification), along with sample storage areas, and records storage areas during both operating and nonworking hours.(2) Individuals who do not ha…

(1) The laboratory must develop and maintain an extensive quality control (QC) program which involves the concurrent analysis of calibrators and controls with samples to demonstrate if the analytical system is operating within defined tolerance limits and that random and systemat…

(1) Facilities where laboratory testing is performed must be designed for dealing with preanalytical, analytical, and postanalytical functions.(2) The laboratory must monitor, control, and record environmental conditions as required by the relevant specifications, methods, and pr…

(1) Accredited labs may reference samples for testing by subcontracting fields of testing to another accredited laboratory.(2) Laboratories must maintain the integrity of the sample by testing samples on an "as is" or "as received" basis before sample prep unless otherwise specif…

(1) Water activity (aw) analysis is intended to quantitatively report out the presence of water in the sample.The laboratory must run two continuing calibration verifications at levels bracketing the action limit concentration at the beginning of each day of testing.(2) One sampl…

(1) Cannabinoid concentration analysis, previously known as potency, is intended to quantitate and accurately report cannabinoids above the lower limit of quantitation as described in chapter 314-55 WAC.(2) Laboratories must use a method approved by the department to analyze cann…

(1) The laboratory must analyze not less than 30 percent of the total representative sample of cannabis and cannabis products prior to sample homogenization to determine whether foreign material is present.(2) The laboratory must report the result of the foreign material test by …

(1) Microbiological testing is intended to accurately measure qualitative, semi-quantitative, or quantitate results, and report microorganisms incurred through the production and processing of cannabis and cannabis products.(2) The laboratory must have a microbiological testing S…

(1) Residual solvent analysis is intended to accurately quantitate and report solvent residue left behind from product processing.(2) Laboratories must use a method approved by the department to analyze residual solvents.(3) Methanol and any other solvent listed in chapter 314-55…

(1) Mycotoxin testing is intended to accurately measure semi-quantitative or quantitate results, and report mycotoxins incurred through the production and processing of cannabis and cannabis products.(2) For semi-quantitative or qualitative methods, the laboratory may report nega…

(1) Pesticide testing is intended to accurately quantitate and report pesticides incurred through the production and processing of cannabis and cannabis products.(2) Pesticide standards and stock solutions must be prepared in an area separate from samples.(3) Laboratories must us…

(1) Heavy metals testing is intended to accurately quantitate and report metals incurred through the production and processing of cannabis and cannabis products.(2) Analytical standards and solutions must be National Institutes of Standards (NIST) traceable or equivalent.(3) The …

Should a laboratory test for analytes beyond the analytes required in chapter 314-55 or 246-70 WAC, they must adhere to the following guidelines:(1) Additional test results must be identified as analytes outside the scope of accreditation on the certificate of analysis.(2) Additi…

(1) The laboratory must have computer systems and software for sample tracking throughout the laboratory's possession from receipt of the samples through testing, reporting, and disposal.(2) The laboratory must maintain a system security plan (SSP) for each information system use…

(1) Laboratories must use an agency approved method for cannabinoid concentration, pesticides, residual solvents, and heavy metals testing. A list of approved analytical and preparative methods are available on the agency's website (https://agr.wa.gov/departments/cannabis/cannabi…

(1) Laboratories must perform method validation studies prior to implementing a new or original test method, implementing an approved method, implementing a new instrument, or modifying an existing method or instrument for each matrices tested.(2) The records must include suffici…

The laboratory must participate in an approved proficiency testing (PT) program that reflects the best available science as determined by the accrediting authority.[Statutory Authority: RCW 15.150.030 and 2022 c 135. WSR 24-09-079, § 16-309-270, filed 4/17/24, effective 5/18/24.]

(1) All sample test results must be supported by analytical data and all analytical data must have a documented review, once reviewed by an analyst, and once reviewed by a certifying scientist prior to being reported.(2) Laboratories must report results as either "negative," "non…

(1) The laboratory must have procedure(s) for the selection and purchasing of services and supplies it uses that affect the quality of the tests and/or calibrations. Procedures covering reagents and laboratory consumables must exist for the purchase, receipt, storage, and disposi…

(1) The laboratory must notify the customer of the subcontract arrangement in writing, including the subcontractors' accreditation credentials under chapters 69.50 RCW and 314-55 WAC.(2) The laboratory must maintain a register of all subcontractors that it uses for tests and/or c…

Under the authority of RCW 69.50.348, the department adopts rules to establish a state program for the accreditation of cannabis laboratories in accordance with chapter 16-309 WAC. The purpose of this program is to ensure the laboratory standards described in chapter 16-309 WAC a…

(1) This chapter applies to cannabis laboratories that conduct tests for or prepare analytical data on cannabis in Washington state.(2) Accreditation does not guarantee validity of all analytical data submitted by the accredited laboratory but rather assures that the laboratory h…

"Accreditation" means the formal recognition by the department that a cannabis laboratory is capable of producing accurate and defensible analytical data. This recognition is signified by the issuance of a written accreditation letter, accompanied by a scope of accreditation indi…

(1) Laboratory accreditations issued by the board in 2023 will remain valid through their expiration date in 2024.(2) Accreditation issued by the department prior to December 31, 2024, will be based on the laboratory standard set forth in chapter 314-55 WAC and be considered accr…

(1) A laboratory that has yet to become accredited must complete an initial application provided by the department to apply for accreditation to perform cannabis and cannabis product testing.(2) The applying laboratory must submit an initial application fee with the application t…