Title 69 — Title 69 FOOD, DRUGS, COSMETICS, AND POISONS
31 chapters · 620 sections in this title.
RCW 69.30.120 Inspection by department—Access to regulated business or entity—Administrative inspection warrant.
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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.…
RCW 69.30.130 Water pollution laws and rules applicable.
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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 s 13.]
RCW 69.30.140 Penalties.
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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 payme…
RCW 69.30.145 Civil penalties.
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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 s 3.]
RCW 69.30.150 Civil penalties—General provisions.
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(1) In addition to any other penalty provided by law, every person who violates standards set forth in this chapter or rules adopted under RCW 69.30.030 is subject to a penalty of not more than five hundred dollars per day for every violation. Every violation is a separate and di…
RCW 69.36.010 Definitions.
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In this chapter, unless the context or subject matter otherwise requires:(1) The term "dangerous caustic or corrosive substance" means each and all of the acids, alkalis, and substances named below: (a) Hydrochloric acid and any preparation containing free or chemically unneutral…
RCW 69.36.020 Misbranded sales, etc., prohibited—Exceptions.
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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 hous…
RCW 69.36.030 Condemnation of misbranded packages.
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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…
RCW 69.36.040 Enforcement—Approval of labels.
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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 a…
RCW 69.36.050 Duty to prosecute.
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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 …
RCW 69.36.060 Penalty.
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Any person violating the provisions of this chapter shall be guilty of a misdemeanor.[ 1929 c 82 s 4; RRS s 2508-4.]
RCW 69.36.070 Short title.
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This chapter may be cited as the Washington Caustic Poison Act of 1929.[ 1929 c 82 s 7; RRS s 2508-7.]
RCW 69.38.010 "Poison" defined.
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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 qu…
RCW 69.38.020 Exemptions from chapter.
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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 s 2.]
RCW 69.38.030 Poison register—Identification of purchaser.
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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 an…
RCW 69.38.040 Inspection of poison register—Penalty for failure to maintain register.
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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 mi…
RCW 69.38.050 False representation—Penalty.
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Any person making any false representation to a seller when purchasing a poison is guilty of a gross misdemeanor.[ 1987 c 34 s 5.]
RCW 69.38.060 Manufacturers and sellers of poisons—License required—Penalty.
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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 depa…
RCW 69.38.070 Enforcement—Uniform disciplinary act.
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Chapter 18.64 RCW governs the denial of licenses and the discipline of persons licensed under this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a license under this chapter.[ 2024 c 121 s 40.]
RCW 69.40.010 Poison in edible products.
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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 s 1; RRS …
RCW 69.40.015 Poison in edible products—Penalty.
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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 s 2; RRS s 6141. Formerly RCW 69.40.010, part.]
RCW 69.40.020 Poison in milk or food products—Penalty.
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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 kn…
RCW 69.40.025 Supplementary to existing laws—Enforcement.
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*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 pros…
RCW 69.40.030 Placing poison or other harmful object or substance in food, drinks, medicine, or water—Penalty.
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(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 bein…
RCW 69.40.055 Selling repackaged poison without labeling—Penalty.
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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 Administr…
RCW 69.41.010 Definitions.
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As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:(1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or resea…
RCW 69.41.020 Prohibited acts—Information not privileged communication.
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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,…
RCW 69.41.030 Sale, delivery, possession, or use of legend drug without prescription or order prohibited—Exceptions—Penalty—Referral to assessment and services.
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(1) It shall be unlawful for any person to sell or deliver any legend drug, or knowingly possess any legend drug, or knowingly use any legend drug in a public place, except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician and surgeon…
RCW 69.41.032 Prescription of legend drugs and dialysate by dialysis programs.
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(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 practitio…
RCW 69.41.040 Prescription requirements—Penalty.
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(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 is…
RCW 69.41.041 Long-term care facilities and hospice programs—Legend drug prescriptions and chart orders.
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(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…
RCW 69.41.042 Record requirements.
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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…
RCW 69.41.044 Confidentiality.
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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 und…
RCW 69.41.050 Labeling requirements—Penalty.
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(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 …
RCW 69.41.055 Electronic communication of prescription information—Commission may adopt rules—Long-term care facilities and hospice programs.
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(1) Information concerning an original prescription or information concerning a prescription refill for a legend drug may be electronically communicated between an authorized practitioner and a pharmacy of the patient's choice with no intervening person having access to the presc…
RCW 69.41.060 Search and seizure.
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If, upon the sworn complaint of any person, it shall be made to appear to any judge of the superior or district court that there is probable cause to believe that any legend drug is being used, manufactured, sold, bartered, exchanged, given away, furnished or otherwise disposed o…
RCW 69.41.062 Search and seizure at rental premises—Notification of landlord.
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Whenever a legend drug which is sold, delivered, or possessed in violation of this chapter is seized at rental premises, the law enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last addre…
RCW 69.41.065 Violations—Juvenile driving privileges.
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(1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless …
RCW 69.41.072 Violations of chapter 69.50 RCW not to be charged under chapter 69.41 RCW—Exception.
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Any offense which is a violation of chapter 69.50 RCW other than RCW 69.50.4012 shall not be charged under this chapter.[ 2003 c 53 s 327.]Notes:Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
RCW 69.41.075 Rules—Availability of lists of drugs.
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The pharmacy quality assurance commission may make such rules for the enforcement of this chapter as are deemed necessary or advisable. The commission shall identify, by rule-making pursuant to chapter 34.05 RCW, those drugs which may be dispensed only on prescription or are rest…
RCW 69.41.080 Animal control—Rules for possession and use of legend drugs.
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Humane societies and animal control agencies registered with the commission under chapter 69.50 RCW and authorized to euthanize animals may purchase, possess, and administer approved legend drugs for the sole purpose of sedating animals prior to euthanasia, when necessary, and fo…
RCW 69.41.085 Medication assistance—Community-based care setting.
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Individuals residing in community-based care settings, such as adult family homes, assisted living facilities, and residential care settings for individuals with developmental disabilities, including an individual's home, may receive medication assistance. Nothing in this chapter…
RCW 69.41.095 Opioid overdose reversal medication—Standing order permitted.
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(1)(a) A practitioner may prescribe, dispense, distribute, and deliver an opioid overdose reversal medication: (i) Directly to a person at risk of experiencing an opioid-related overdose; or (ii) by prescription, collaborative drug therapy agreement, standing order, or protocol t…
RCW 69.41.100 Legislative recognition and declaration.
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The legislature recognizes the responsibility of the state to insure that the citizens of the state are offered a choice between generic drugs and brand name drugs and the benefit of quality pharmaceutical products at competitive prices. Advances in the drug industry resulting fr…
RCW 69.41.110 Definitions.
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As used in RCW 69.41.100 through 69.41.180, the following words shall have the following meanings:(1) "Biological product" means any of the following, when applied to the prevention, treatment, or cure of a disease or condition of human beings: (a) A virus; (b) a therapeutic seru…
RCW 69.41.120 Prescriptions to contain instruction as to whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted—Out-of-state prescriptions—Form—Contents—Procedure.
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(1) Every drug prescription shall contain an instruction on whether or not a therapeutically equivalent generic drug or interchangeable biological product may be substituted in its place, unless substitution is permitted under a prior-consent authorization.If a written prescripti…
RCW 69.41.125 Interchangeable biological product may be substituted for biological product—Exception—Wholesale price less.
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Unless the prescribed biological product is requested by the patient or the patient's representative, if "substitution permitted" is marked on the prescription as provided in RCW 69.41.120, the pharmacist must substitute an interchangeable biological product that he or she has in…
RCW 69.41.130 Savings in price to be passed on to purchaser.
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Unless the brand name drug is requested by the patient or the patient's representative, the pharmacist shall substitute an equivalent drug product which he or she has in stock if its wholesale price to the pharmacist is less than the wholesale price of the prescribed drug product…
RCW 69.41.140 Minimum manufacturing standards and practices.
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A pharmacist may not substitute a product under the provisions of this section unless the manufacturer has shown that the drug has been manufactured with the following minimum good manufacturing standards and practices:(1) Maintain quality control standards equal to those of the …
RCW 69.41.150 Liability of practitioner, pharmacist.
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(1) A practitioner who authorizes a prescribed drug shall not be liable for any side effects or adverse reactions caused by the manner or method by which a substituted drug product is selected or dispensed.(2) A pharmacist who substitutes a therapeutically equivalent drug product…