Title 69 — Title 69 FOOD, DRUGS, COSMETICS, AND POISONS
31 chapters · 620 sections in this title.
RCW 69.53.020 Unlawful fortification of building for drug purposes—Penalty.
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(1) It is unlawful for any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly allow the building, room, space, or enclosure to be fortified to suppress law enforcem…
RCW 69.53.030 Unlawful use of fortified building—Penalty.
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(1) It is unlawful for any person to use a building, room, space, or enclosure specifically designed to suppress law enforcement entry in order to unlawfully manufacture, deliver, sell, store, or give away any controlled substance under chapter 69.50 RCW, legend drug under chapte…
RCW 69.55.010 Theft of ammonia.
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(1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains pressurized ammonia gas or pressurized ammonia gas solution, is guilty of theft of ammonia.(2) Theft of ammonia is a class C felony.[ 2002 c 133 s 1; 2000 c 225 s 1.]Notes:Effective date—2002 …
RCW 69.55.020 Unlawful storage of ammonia.
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A person is guilty of the crime of unlawful storage of ammonia if the person possesses, transports, or delivers pressurized ammonia gas or pressurized ammonia gas solution in a container that (1) is not approved by the United States department of transportation to hold ammonia, o…
RCW 69.55.030 Damages—Liability.
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Any damages arising out of the unlawful possession of, storage of, or tampering with pressurized ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized ammonia gas solution equipment, shall be the sole responsibility of the unlawful p…
RCW 69.57.010 Findings.
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(1) The sale of sodium nitrite is a matter of statewide and national concern as there are increasing reports about the extreme health risks of ingestion of sodium nitrite, particularly by people attempting suicide. Sodium nitrite has been promoted online as an effective method to…
RCW 69.57.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commercial business" means a business or institution, including a research institution, requiring the use of covered products as that term is defined in this section.(…
RCW 69.57.030 Restriction on sale of covered products—Labeling requirements.
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A covered entity shall not:(1) Sell or transfer a covered product except to a commercial business in accordance with RCW 69.57.040; or(2) Sell or offer to sell, directly or indirectly, a covered product without a label notice that meets the requirements of RCW 69.57.050.[ 2025 c …
RCW 69.57.040 Sale or transfer of covered products to commercial businesses.
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(1) A covered entity may sell or transfer a covered product to a verified commercial business if, prior to the sale or transfer of the covered product:(a) The commercial business affirms that the commercial business requires covered products, which must include the commercial bus…
RCW 69.57.050 Labeling and shipping requirements.
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(1) A covered entity shall label or ensure that a label satisfying the requirements of this section is already affixed to a covered product with the phrase "WARNING DANGER: Deadly if ingested. If ingested, seek immediate medical attention for intravenous administration of methyle…
RCW 69.57.060 Records.
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A covered entity shall retain sale and transfer records and documentation for each purchase or transfer of a covered product for three years from the date of sale or transfer.[ 2025 c 13 s 6.]Notes:Effective date—2025 c 13: See note following RCW 69.57.010.
RCW 69.57.070 Violations.
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(1) A covered entity that violates chapter 13, Laws of 2025 is subject to a civil penalty of $10,000 for the first violation, and a civil penalty of no more than $1,000,000 for a second or subsequent violation.(2)(a) The attorney general, prosecuting attorney within the relevant …
RCW 69.57.080 Consumer protection act.
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The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preserva…
RCW 69.57.900 Short title.
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This chapter may be known and cited as Tyler's law.[ 2025 c 13 s 9.]Notes:Effective date—2025 c 13: See note following RCW 69.57.010.
RCW 69.60.010 Legislative findings.
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The legislature of the state of Washington finds that:(1) Accidental and purposeful ingestions of solid medication forms continue to be the most frequent cause of poisoning in our state;(2) Modern treatment is dependent upon knowing the ingredients of the ingestant;(3) The imprin…
RCW 69.60.020 Definitions.
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The terms defined in this section shall have the meanings indicated when used in this chapter.(1) "Commission" means the pharmacy quality assurance commission.(2) "Over-the-counter medication" means a drug that can be obtained without a prescription and is not restricted to use b…
RCW 69.60.030 Identification required.
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(1) No over-the-counter medication in solid dosage form may be manufactured or commercially distributed within this state unless it has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or national drug code number identifying …
RCW 69.60.040 Imprint information—Publication—Availability.
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Each manufacturer shall publish and provide to the commission printed material which will identify each current imprint used by the manufacturer and the commission shall be notified of any change. This information shall be provided by the commission to all pharmacies licensed in …
RCW 69.60.050 Noncompliance—Contraband—Fine.
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(1) Any over-the-counter medication prepared or manufactured or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure, in the same manner as contraband legend drugs under RCW 69.41.060.(2) A purveyor who fails to comply wit…
RCW 69.60.060 Rules.
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The commission shall have authority to promulgate rules for the enforcement and implementation of this chapter.[ 2013 c 19 s 119; 1989 c 247 s 6.]
RCW 69.60.070 Imprinting requirements—Retailers and wholesalers.
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All over-the-counter medications manufactured in, received by, distributed to, or shipped to any retailer or wholesaler in this state after January 1, 1994, shall meet the requirements of this chapter. No over-the-counter medication may be sold to a consumer in this state after J…
RCW 69.60.080 Exemptions—Application by manufacturer.
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The commission, upon application of a manufacturer, may exempt an over-the-counter drug from the requirements of chapter 69.60 RCW on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.[ 2013 c 19 s 120; 1989 c 247 s 8.]
RCW 69.60.090 Implementation of federal system—Termination of state system.
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Before January 1, 1994, the commission will consult with the state toxicologist to determine whether the federal government has established a legally enforceable system that is substantially equivalent to the requirements of this chapter that govern the imprinting of solid dosage…
RCW 69.60.901 Effective date—1993 c 135.
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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 shall take effect immediately [April 30, 1993].[ 1993 c 135 s 5.]
RCW 69.70.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of health.(2) "Drug manufacturer" means a facility licensed by the pharmacy quality assurance commission under chapter 18.64 RCW that …
RCW 69.70.020 Donations of prescription drugs and supplies—Distribution.
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(1) Any practitioner, pharmacist, medical facility, drug manufacturer, or drug wholesaler may donate prescription drugs and supplies to a pharmacy for redistribution without compensation or the expectation of compensation to individuals who meet the prioritization criteria establ…
RCW 69.70.030 Immunity—Eligibility.
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To be eligible for the immunity in RCW 69.70.070, a person distributing donated prescription drugs under this chapter must:(1) Meet all requirements in RCW 69.70.050 and any applicable rules related to the return or exchange of prescription drugs or supplies adopted by the *board…
RCW 69.70.040 Dispensing of donated prescription drugs and supplies—Priority given to individuals who are uninsured.
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Pharmacies, pharmacists, and prescribing practitioners that elect to dispense donated prescription drugs and supplies under this chapter shall give priority to individuals who are uninsured. If an uninsured individual has not been identified as in need of available prescription d…
RCW 69.70.050 Acceptance and dispensing of prescription drugs or supplies—Requirements—Recalls—Reselling—Reimbursement, related dispensing fees—Manufacturer registration.
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(1) Prescription drugs or supplies may be accepted and dispensed under this chapter if all of the following conditions are met:(a) The prescription drug is in:(i) Its original sealed and tamper evident packaging; or(ii) An opened package if it contains single unit doses that rema…
RCW 69.70.060 Form—Department to develop.
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The department shall develop a form for persons to use when releasing prescription drugs for distribution and certifying the condition of the drugs, as provided in RCW 69.70.020(2).[ 2016 c 43 s 5; 2013 c 260 s 6.]Notes:Effective date—Short title—2016 c 43: See notes following RC…
RCW 69.70.070 Liability.
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(1) A drug manufacturer acting in good faith may not, in the absence of a finding of gross negligence, be subject to criminal prosecution or liability in tort or other civil action, for injury, death, or loss to person or property for matters relating to the donation, acceptance,…
RCW 69.70.080 Availability of access.
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Access to prescription drugs and supplies under this chapter is subject to availability. Nothing in this chapter establishes an entitlement to receive prescription drugs and supplies through the program.[ 2013 c 260 s 8.]
RCW 69.70.090 Samples.
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Nothing in this chapter restricts the use of samples by a practitioner during the course of the practitioner's duties at a medical facility or pharmacy.[ 2013 c 260 s 9.]
RCW 69.70.100 Resale of prescription drugs not authorized.
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Nothing in this chapter authorizes the resale of prescription drugs by any person.[ 2013 c 260 s 10.]
RCW 69.70.110 Prescription drug donation—Rules.
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The pharmacy quality assurance commission may adopt rules to allow the safe donation of prescription drugs under this chapter including, but not limited to, allowing pharmacy to pharmacy donation of unexpired prescription drug stock.[ 2020 c 264 s 2.]
RCW 69.70.900 Effective date.
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This act takes effect July 1, 2014.[ 2013 c 260 s 12.]
RCW 69.75.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Common carrier" means any person who holds himself or herself out to the general public as a provider for hire of the transportation by water, land, or air of merchand…
RCW 69.75.020 Retail sales—Proof of age from purchaser—Unlawful acts, exceptions—Penalties.
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(1) A person making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser's outward appearance the person making the sale would reasonably …
RCW 69.75.030 List of products containing dextromethorphan, trade association representing manufacturers to supply.
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The trade association representing manufacturers of dextromethorphan shall supply to the pharmacy quality assurance commission and requesting licensed retailers an initial list of products containing dextromethorphan that its members market. This list shall be updated on an annua…
RCW 69.75.040 Construction of chapter.
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(1) Nothing in this chapter is construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, other restrictions on consumers' d…
RCW 69.75.050 Preemption.
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This chapter preempts any ordinance regulating the sale, distribution, receipt, or possession of dextromethorphan enacted by a county, city, town, or other political subdivision of this state, and dextromethorphan is not subject to further regulation by such subdivisions.[ 2014 c…
RCW 69.75.900 Effective date—2014 c 64.
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This act takes effect July 1, 2015.[ 2014 c 64 s 7.]
RCW 69.77.010 Findings—Intent.
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The legislature finds that the process for approval of investigational drugs, biological products, and devices in the United States protects future patients from premature, ineffective, and unsafe medications and treatments over time, but the process often takes many years. Patie…
RCW 69.77.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Eligible patient" means an individual who meets the requirements of RCW 69.77.040.(2) "Health care facility" means a clinic, nursing home, laboratory, office, or simil…
RCW 69.77.030 Eligible patient and treating physician may request investigational product—Manufacturer may make for treatment—Agreement.
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(1) An eligible patient and his or her treating physician may request that a manufacturer make an investigational product available for treatment of the patient. The request must include a copy of the written informed consent form described in RCW 69.77.050 and an explanation of …
RCW 69.77.040 Patient eligibility for access and treatment with investigational product.
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A patient is eligible to request access to and be treated with an investigational product if:(1) The patient is eighteen years of age or older;(2) The patient is a resident of this state;(3) The patient's treating physician attests to the fact that the patient has a serious or im…
RCW 69.77.050 Informed consent.
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(1) Prior to treatment of the eligible patient with an investigational product, the treating physician shall obtain written informed consent, consistent with the requirements of RCW 7.70.060(1), and signed by the eligible patient or, if the patient lacks the capacity to consent, …
RCW 69.77.060 Issuer may provide coverage for cost or administration of investigational product—Denial of coverage.
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(1) An issuer may, but is not required to, provide coverage for the cost or the administration of an investigational product provided to an eligible patient pursuant to this chapter.(2)(a) An issuer may deny coverage to an eligible patient who is treated with an investigational p…
RCW 69.77.070 Hospitals and health care facilities.
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A hospital or health care facility:(1) May, but is not required to, allow a health care practitioner who is privileged to practice or who is employed at the hospital or health care facility to treat, administer, or provide an investigational product to an eligible patient under t…
RCW 69.77.080 Private right of action—Unprofessional conduct—Immunity from civil or criminal liability.
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(1) Chapter 212, Laws of 2017 does not create a private right of action.(2) A health care practitioner does not commit unprofessional conduct under RCW 18.130.180 and does not violate the applicable standard of care by:(a) Obtaining an investigational product pursuant to this cha…