Emergency Rules Regarding Marijuana Infused Products
The Washington State Liquor Control Board filed emergency rules with the Code Reviser’s Office to revise current recreational marijuana rules regarding marijuana-infused product requirements, prohibited marijuana-infused products, security and surveillance at a marijuana licensed premises. These emergency rules are needed to replace the previous emergency rules which expired on October 23, 2014.
The board approved emergency rules for WAC 314-55-077, WAC 314-55-079, WAC 314-55-083, WAC 314-55-103 and WAC 314-55-104. The rules become effective, October 22, 2014, and expire February 19, 2015.
WAC 314-55-103 Good laboratory practice checklist.
A third-party testing lab must be certified by the WSLCB or its vendor as meeting the board’s accreditation and other requirements prior to conducting required quality assurance tests. The following checklist will be used
by the board or its vendor to certify third-party testing labs:
1. The laboratory or the organization of which it is part shall be an entity that can be held legally
responsible.
2. The laboratory conducting third-party testing shall have no financial interest in a licensed producer or processor for which testing is being conducted.
a. If the laboratory is part of an organization performing activities other than testing and/or calibration, the responsibilities of key personnel in the organization that have an involvement or influence on the testing and/or calibration activities of the laboratory shall be defined in order to identify potential conflicts of interest.
3. The laboratory shall have policies and procedures to ensure the protection of its client’s confidential information and proprietary rights, including procedures for protecting the electronic storage and transmission of results.
4. The laboratory is responsible for all costs of initial certification and ongoing site assessments.
5. The laboratory must agree to site assessments every two years to maintain certification.
6. The laboratory must allow WSLCB staff or their representative to conduct physical visits and check I-502 related laboratory activities at any time.
7. The laboratory must report all test results directly into WSLCB’s traceability system within twenty-four hours of completion. Labs must also record in the traceability system an acknowledgment of the receipt of samples from producers or processors and verify if any unused portion of the sample was destroyed or returned
to the customer.
8. Job descriptions for owners and all employees: Key staff.
9. Qualifications of owners and staff: CVs for staff on file.
a. Have technical management which has overall responsibility for the technical operations and the provision of the resources needed to ensure the required quality of laboratory operations.
b. Documentation that the scientific director meets the requirements of WSLCB rules.
c. Chain of command, personnel organization/flow chart, dated and signed by the laboratory director.
d. Written documentation of delegation of responsibilities (assigned under chapter 314-55 WAC as related to quality assurance testing) to qualified personnel, signed and dated by the laboratory director.
e. Documentation of employee competency: Prior to independently analyzing samples, testing personnel must demonstrate acceptable performance on precision, accuracy, specificity, reportable ranges, blanks, and unknown challenge samples (proficiency samples or internally generated quality controls). Dated and signed by the laboratory director.
f. Designate a quality manager (however named) who, irrespective of other duties and responsibilities, shall have defined responsibility and authority for ensuring that the quality system is implemented and followed; the quality manager shall have direct access to the highest level of management at which decisions are made on laboratory policy or resources.
10. Written and documented system detailing the qualifications of each member of the staff.
a. The need to require formal qualification or certification of personnel performing certain specialized activities shall be evaluated and implemented where necessary.
11.
Standard operating procedure manual that details
records of internal training provided by facility
for staff. Laboratory director must approve, sign
and date each procedure.
a.
Instructions on regulatory inspection and
preparedness.
b.
Instruction on law enforcement interactions.
c.
Information on U.S. federal laws, regulations,
and policies relating to individuals employed in
these operations, and the implications of these
for such employees.
d.
Written and documented system of employee
training on hazards (physical and health) of
chemicals in the workplace, including prominent
location of MSDS sheets and the use of
appropriate PPE.
e.
Written and documented system on the
competency of personnel on how to handle
chemical spills and appropriate action; spill kit
on-site and well-labeled, all personnel know the
location and procedure.
f.
Information on how employees can access
medical attention for chemical or other
exposures, including follow-up examinations
without cost or loss of pay.
g.
Biosafety and sterile technique training.
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STANDARD OPERATING PROCEDURES
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12.
As appropriate, laboratory operations covered by
procedures shall include but not be limited to the
following:
a.
Environmental, safety and health activities;
b.
Sample shipping and receipt;
c.
Laboratory sample chain of custody and material
control;
d.
Notebooks/logbooks;
e.
Sample storage;
f.
Sample preparation;
g.
Sample analysis;
h.
Standard preparation and handling;
i.
Post-analysis sample handling;
j.
Control of standards, reagents and water quality;
k.
Cleaning of glassware;
l.
Waste minimization and disposition.
13.
The following information is required for
procedures as appropriate to the scope and
complexity of the procedures or work requested:
a.
Scope (e.g., parameters measured, range, matrix,
expected precision, and accuracy);
b.
Unique terminology used;
c.
Summary of method;
d.
Interferences/limitations;
e.
Approaches to address background corrections;
f.
Apparatus and instrumentation;
g.
Reagents and materials;
h.
Hazards and precautions;
i.
Sample preparation;
j.
Apparatus and instrumentation setup;
k.
Data acquisition system operation;
l.
Calibration and standardization;
m.
Procedural steps;
n.
QC parameters and criteria;
o.
Statistical methods used;
p.
Calculations;
q.
Assignment of uncertainty;
r.
Forms used in the context of the procedure.
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14.
Allocation of space: Adequate for number of
personnel and appropriate separation of work
areas.
15.
Arrangement of space.
a.
Allows for appropriate work flow, sampling, lab
space separate from office and break areas.
b.
Employee bathroom is separate from any
laboratory area.
16.
Adequate eyewash/safety showers/sink.
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FACILITIES AND EQUIPMENT
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17.
Procurement controls.
a.
The laboratory shall 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 shall exist for the
purchase, receipt and storage of reagents and
laboratory consumable materials relevant for the
tests and calibrations.
b.
The laboratory shall ensure that purchased
supplies and reagents and consumable materials
that affect the quality of tests and/or calibrations
are inspected or otherwise verified as complying
with standard specifications or requirements
defined in the methods for the tests and/or
calibrations concerned.
c.
Prospective suppliers shall be evaluated and
selected on the basis of specified criteria.
d.
Processes to ensure that approved suppliers
continue to provide acceptable items and
services shall be established and implemented.
e.
When there are indications that subcontractors
knowingly supplied items or services of
substandard quality, this information shall be
forwarded to appropriate management for action.
18.
Utilities.
a.
Electrical:
i.
Outlets: Adequate, unobstructed, single use, no
multi-plug adaptors;
ii.
No extension cords;
iii.
Ground fault circuit interrupters near wet areas.
b.
Plumbing:
i.
Appropriateness of sink usage: Separate for
work/personal use;
ii.
Adequate drainage from sinks or floor drains;
iii.
Hot and cold running water.
c.
Ventilation:
i.
Areas around solvent use or storage of waste
solvent;
ii.
Vented hood for any microbiological analysis –
Class II Type A biosafety cabinet.
d.
Vacuum:
i.
Appropriate utilities/traps for prevention of
contamination.
e.
Shut-off controls: Located outside of the
laboratory.
19.
Waste disposal: Appropriate for the type of
waste and compliant with WAC 314-55-097,
Marijuana waste disposal—Liquids and solids.
20.
Equipment list.
a.
Equipment and/or systems requiring periodic
maintenance shall be identified and records of
major equipment shall include:
i.
Name;
ii.
Serial number or unique identification;
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iii.
Date received and placed in service;
iv.
Current location;
v.
Condition at receipt;
vi.
Manufacturer’s instructions;
vii.
Date of calibration or date of next calibration;
viii.
Maintenance;
ix.
History of malfunction.
21.
Maintenance.
a.
Regular preventive maintenance of equipment
demonstration in logbook including, but not
limited to: Thermometer calibration, pipette
calibrations, analytical balances, and analytical
equipment. Documentation of a schedule and
reviewed by the laboratory director.
b.
Documentation of curative maintenance in
logbook, signed and dated by laboratory director.
c.
Temperature maintenance log book for
refrigerators.
d.
Decontamination and cleaning procedures for:
i.
Instruments;
ii.
Bench space;
iii.
Ventilation hood.
e.
Documentation of adequacy of training of
personnel and responsibility for each
maintenance task.
f.
The organization shall describe or reference how
periodic preventive and corrective maintenance
of measurement or test equipment shall be
performed to ensure availability and satisfactory
performance of the systems.
22.
Computer systems.
a.
Adequate for sample tracking.
b.
Adequate for analytical equipment software.
c.
Software control requirements applicable to both
commercial and laboratory developed software
shall be developed, documented, and
implemented.
d.
In addition, procedures for software control shall
address the security systems for the protection of
applicable software.
e.
For laboratory-developed software, a copy of the
original program code shall be:
i.
Maintained;
ii.
All changes shall include a description of the
change, authorization for the change;
iii.
Test data that validates the change.
f.
Software shall be acceptance tested when
installed, after changes, and periodically during
use, as appropriate.
g.
Testing may consist of performing manual
calculations or checking against another software
product that has been previously tested, or by
analysis of standards.
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FACILITIES AND EQUIPMENT
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h.
The version and manufacturer of the software
shall be documented.
i.
Commercially-available software may be
accepted as supplied by the vendor. For vendor
supplied instrument control/data analysis
software, acceptance testing may be performed
by the laboratory.
23.
Security.
a.
Written facility security procedures during
operating and nonworking hours.
b.
Roles of personnel in security.
c.
SOP for controlled access areas and personnel
who can access.
d.
Secured areas for log-in of sample, and for short
and long-term storage of samples.
24.
Storage.
a.
Appropriate and adequate for sample storage
over time. The laboratory shall monitor, control
and record environmental conditions as required
by the relevant specifications, methods and
procedures or where they influence the quality of
the results. Due attention shall be paid, for
example, to biological sterility, dust,
electromagnetic disturbances, humidity,
electrical supply, temperature, and sound and
vibration levels, as appropriate to the technical
activities concerned.
b.
Adequate storage of chemical reference
standards.
c.
Appropriate storage of any reagents: Fireproof
cabinet, separate cabinet for storage of any acids.
d.
Appropriate safe and secure storage of
documents etc., archiving, retrieval of,
maintenance of and security of data for a period
of three years.
QA PROGRAM AND TESTING
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25.
Sampling/sample protocols: Written and
approved by the laboratory director.
a.
Demonstrate adequacy of the chain-of-custody
tracking upon receipt of sample including all
personnel handling the sample.
b.
Sampling method (representative of an entire
batch) including, but not limited to,
homogenization, weighing, labeling, sample
identifier (source, lot), date and tracking.
c.
Condition of the sample: Macroscopic and
foreign matter inspection – Fit for purpose test.
Scientifically valid testing methodology: Either
AHP monograph compliant, other third-party
validation.
d.
Failed inspection of product: Tracking and
reporting.
e.
Return of failed product documentation and
tracking.
f.
Disposal of used/unused samples documentation.
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g.
Sample preparation, extraction and dilution SOP.
h.
Demonstration of recovery for samples in
various matrices (SOPs):
i.
Plant material – Flower;
ii.
Edibles (solid and liquid meant to be consumed
orally);
iii.
Topical;
iv.
Concentrates.
26.
Data protocols.
a.
Calculations for quantification of cannabinoid
content in various matrices – SOPs.
b.
Determination of the range for reporting the
quantity (LOD/LOQ) data review or generation.
c.
Reporting of data: Certificates of analysis (CA) –
Clear and standardized format for consumer
reporting.
d.
Documentation that the value reported in the CA
is within the range and limitations of the
analytical method.
e.
Documentation that qualitative results (those
below the LOQ but above the LOD) are reported
as “trace,” or with a nonspecific (numerical)
designation.
f.
Documentation that the methodology has the
specificity for the degree of quantitation
reported. Final reports are not quantitative to any
tenths or hundredths of a percent.
g.
Use of appropriate “controls”: Documentation of
daily use of positive and negative controls that
challenge the linearity of the curve; and/or an
appropriate “matrix blank” and control with
documentation of the performance for each
calibration run.
27.
Chemical assay procedure/methodology.
28.
Proficiency:
a.
Documentation of use of an appropriate internal
standard for any quantitative measurements as
applicable to the method.
b.
Appropriate reference standards for
quantification of analytes, performing and
documenting a calibration curve with each
analysis.
c.
Demonstration of calibration curve r
2
value of no
less than 0.995 with a minimum of four points
within the range.
d.
Documentation of any proficiency testing as it
becomes available. Laboratory director must
review, evaluate and report to the WSLCB any
result that is outside the stated acceptable margin
of error.
29.
Method validation: Scientifically valid testing
methodology: Either AHP monograph
compliant, other third-party validation;
or
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QA PROGRAM AND TESTING
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30.
Level II validation of methodology used for
quantification of THC, THCA and CBD for total
cannabinoid content (if reporting other
cannabinoids, the method must also be validated
for those compounds):
a.
Single lab validation parameters are
demonstrated for GC, HPLC data review:
i.
Linearity of reference standards;
ii.
Use of daily standard curve;
iii.
Accuracy;
iv.
Precision;
v.
Recovery (5 determinations not less than 90%);
vi.
Reproducibility over time within a relative
standard deviation of 5%.
b.
Dynamic range of the instrumentation: Limits of
quantification (LOQ) and limits of detection
(LOD).
c.
Matrix extensions for each type of product
tested, data review of recovery for:
i.
Solvent-based extract;
ii.
CO
2
extraction or other “hash oil”;
iii.
Extract made with food grade ethanol;
iv.
Extract made with food grade glycerin or
propylene glycol;
v.
Infused liquids;
vi.
Infused solids;
vii.
Infused topical preparations;
viii.
Other oils, butter or fats.
d.
Presence of QC samples and recording of daily
testing.
e.
Appropriate use of an internal reference
standard.
f.
Daily monitoring of the response of the
instrument detection system.
31.
Other methods.
a.
Microbiological methods fit for purpose.
b.
Microbial contaminants within limits of those
listed in the most recent AHP monograph and
otherwise directed by WSLCB.
c.
Moisture content testing fit for purpose.
Scientifically valid testing methodology: Either
AHP monograph compliant, other third-party
validation.
d.
Solvent residuals testing fit for purpose; solvent
extracted products made with class 3 or other
solvents used are not to exceed 0.5% residual
solvent by weight or 500 parts per million (PPM)
per one gram of solvent based product and are to
be tested.
e.
Any other QA/QC methods is proven to be fit
for purpose.
32.
Laboratory notebooks.
a.
Legible and in ink (or computerized system).
AMENDATORY SECTION
(Amending WSR 14-10-044, filed 4/30/14, effective
5/31/14)
WAC 314-55-077
What is a marijuana processor license and what
are the requirements and fees related to a marijuana processor li
cense?
(1) A marijuana processor license allows the licensee to proc
ess, package, and label
((
usable
))
useable
marijuana and marijuana-in
fused products for sale at wholesale to marijuana retailers.
(2) A marijuana processor is allowed to blend tested useable mar
ijuana from multiple lots into a single package for sale to a marijua
na retail licensee providing the label requirements for each lot used
in the blend are met and the percentage by weight of each lot is also
included on the label.
(3)
A marijuana processor licensee must obtain approval from the
liquor control board for all marijuana-infused products, labeling, and
packaging prior to offering these items for sale to a marijuana re
tailer. The marijuana processor licensee must submit a picture of the
product, labeling, and packaging to the liquor control board for ap
proval.
If the liquor control board denies a marijuana-infused product
for sale in marijuana retail outlets, the marijuana processor licensee
may request an administrative hearing per chapter 34.05 RCW, Adminis
trative Procedure Act.
(4) Marijuana-infused products in solid form that contain more
than one serving must be scored to indicate individual serving sizes,
and labeled so that the serving size is prominently displayed on the
packaging.
(a) Marijuana-infused products must be homogenized to ensure uni
form disbursement of cannabinoids throughout the product.
(b) All marijuana-infused products must state on the label, “This
product contains marijuana.”
(5)
A marijuana processor is limited in the types of food or
drinks they may infuse with marijuana to create
((
an infused edible
product
))
marijuana-infused solid or liquid products meant to be in
gested orally, that may be sold by a marijuana retailer. Marijuana-in
fused products that are designed to be especially appealing to chil
dren are prohibited
.
(a)
To reduce the risk to public health,
((
food defined as
))
po
tentially hazardous food
s as defined
in WAC
((
246-215-0115(88)
))
246-215-01115
may not be infused with marijuana.
((
These foods are
))
P
otentially hazardous
((
as they
))
foods
require time-temperature con
trol to keep them safe for human consumption and prevent the growth of
pathogenic microorganisms or the production of toxins.
((
The board may
designate other food items that may not be infused with marijuana.
))
Any food that requires refrigeration, freezing, or a hot holding unit
to keep it safe for human consumption may not be infused with marijua
na.
((
(4)
))
(b) Other foods items that may not be infused with mari
juana to be sold in a retail store are:
(i) Any food that has to be acidified to make it shelf stable;
(ii) Food items made shelf stable by canning or retorting;
(iii) Fruit or vegetable juices;
(iv) Fruit or vegetable butters;
(v) Pumpkin pies, custard pies, or any pies that contain egg;
(vi) Dairy products of any kind such as butter, cheese, ice
cream, or milk; and
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OTS-6471.1
(vii) Dried or cured meats.
(c) Vinegars and oils derived from natural sources may be infused
with dried marijuana if all plant material is subsequently removed
from the final product. Vinegars and oils may not be infused with any
other substance, including herbs and garlic.
(d) Marijuana-infused jams and jellies made from scratch must
utilize a standardized recipe in accordance with 21 C.F.R. Part 150,
revised as of April 1, 2013.
(e) Per WAC 314-55-104, a marijuana processor may infuse dairy
butter or fats derived from natural sources and use that extraction to
prepare allowable marijuana-infused solid or liquid products meant to
be ingested orally, but the dairy butter or fats derived from natural
sources may not be sold as stand-alone products.
(f) The liquor control board may designate other food items that
may not be infused with marijuana.
(6)
The recipe for any
((
food infused with marijuana to make an
edible product
))
marijuana-infused solid or liquid products meant to
be ingested orally
must be kept on file at the marijuana
((
produc
er’s
))
processor’s
licensed premises and made available for inspection
by the
((
WSLCB
))
liquor control board
or their designee.
((
(5)
))
(7)
The application fee for a marijuana processor license
is two hundred fifty dollars. The applicant is also responsible for
paying the fees required by the approved vendor for fingerprint evalu
ation.
((
(6)
))
(8)
The annual fee for issuance and renewal of a marijua
na processor license is one thousand dollars. The board will conduct
random criminal history checks at the time of renewal that will re
quire the licensee to submit fingerprints for evaluation from the ap
proved vendor. The licensee will be responsible for all fees required
for the criminal history checks.
((
(7)
))
(9) A marijuana processor producing a marijuana-infused
solid or liquid product meant to be ingested orally in a processing
facility as required in WAC 314-55-015(10) must pass a processing fa
cility inspection. Ongoing annual processing facility compliance in
spections may be required. The liquor board will contract with the de
partment of agriculture to conduct required processing facility in
spections. All costs of inspections are borne by the licensee and the
hourly rate for inspection is sixty dollars. A licensee must allow the
liquor control board or their designee to conduct physical visits and
inspect the processing facility, recipes and required records per WAC
314-55-087 during normal business hours without advance notice. Fail
ure to pay for the processing facility inspection or to follow the
processing facility requirements outlined in this section and WAC
314-55-015 will be sufficient grounds for the board to suspend or re
voke a marijuana license.
(10)
The board will initially limit the opportunity to apply for
a marijuana processor license to a thirty-day calendar window begin
ning with the effective date of this section. In order for a marijuana
processor application license to be considered it must be received no
later than thirty days after the effective date of the rules adopted
by the board. The board may reopen the marijuana processor application
window after the initial evaluation of the applications that are re
ceived and processed, and at subsequent times when the board deems
necessary.
((
(8)
))
(11)
Any entity and/or principals within any entity are
limited to no more than three marijuana processor licenses.
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((
(9)
))
(12)
Marijuana processor licensees are allowed to have a
maximum of six months of their average useable marijuana and six
months average of their total production on their licensed premises at
any time.
((
(10)
))
(13)
A marijuana processor must accept returns of prod
ucts and sample jars from marijuana retailers for destruction, but is
not required to provide refunds to the retailer.
AMENDATORY SECTION
(Amending WSR 14-10-044, filed 4/30/14, effective
5/31/14)
WAC 314-55-079
What is a marijuana retailer license and what are
the requirements and fees related to a marijuana retailer license?
(1) A marijuana retailer license allows the licensee to sell only usa
ble marijuana, marijuana-infused products, and marijuana paraphernalia
at retail in retail outlets to persons twenty-one years of age and
older.
Marijuana-infused products listed in WAC 314-55-077(5) are pro
hibited for sale by a marijuana retail licensee.
(2) Marijuana extracts, such as hash, hash oil, shatter, and wax
can be infused in products sold in a marijuana retail store, but RCW
69.50.354 does not allow the sale of extracts that are not infused in
products. A marijuana extract does not meet the definition of a mari
juana-infused product per RCW 69.50.101.
(3) Internet sales and delivery of product to customers is pro
hibited.
(4) The application fee for a marijuana retailer’s license is two
hundred fifty dollars. The applicant is also responsible for paying
the fees required by the approved vendor for fingerprint evaluation.
(5) The annual fee for issuance and renewal of a marijuana re
tailer’s license is one thousand dollars. The board will conduct ran
dom criminal history checks at the time of renewal that will require
the licensee to submit fingerprints for evaluation from the approved
vendor. The licensee will be responsible for all fees required for the
criminal history checks.
(6) Marijuana retailers may not sell marijuana products below
their acquisition cost.
(7) Marijuana retailer licensees are allowed to have a maximum of
four months of their average inventory on their licensed premises at
any given time.
(8) A marijuana retailer may transport product to other locations
operated by the licensee or to return product to a marijuana processor
as outlined in the transportation rules in WAC 314-55-085.
(9) A marijuana retailer may not accept a return of product that
has been opened.
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AMENDATORY SECTION
(Amending WSR 14-10-044, filed 4/30/14, effective
5/31/14)
WAC 314-55-104
Marijuana processor license extraction require
ments.
(1) Processors are limited to certain methods, equipment, sol
vents, gases and mediums when creating marijuana extracts.
(2) Processors may use the hydrocarbons N-butane, isobutane, pro
pane, or heptane or other solvents or gases exhibiting low to minimal
potential human health-related toxicity approved by the board. These
solvents must be of at least ninety-nine percent purity and a process
or must use them in a professional grade closed loop extraction system
designed to recover the solvents, work in an environment with proper
ventilation, controlling all sources of ignition where a flammable at
mosphere is or may be present.
(3) Processors may use a professional grade closed loop CO
2
gas
extraction system where every vessel is rated to a minimum of nine
hundred pounds per square inch. The CO
2
must be of at least ninety-
nine percent purity.
(4)
Certification must be provided to the liquor control board
for p
rofessional grade closed loop systems used by processors
((
must
be
))
to certify that the system was
commercially manufactured and
built to codes of recognized and generally accepted good engineering
practices, such as:
(a) The American Society of Mechanical Engineers (ASME);
(b) American National Standards Institute (ANSI);
(c) Underwriters Laboratories (UL); or
(d) The American Society for Testing and Materials (ASTM).
(5) Professional closed loop systems, other equipment used, the
extraction operation, and facilities must be approved for their use by
the local fire code official and meet any required fire, safety, and
building code requirements specified in:
(a) Title 296 WAC;
(b) National Fire Protection Association (NFPA) standards;
(c) International Building Code (IBC);
(d) International Fire Code (IFC); and
(e) Other applicable standards including following all applicable
fire, safety, and building codes in processing and the handling and
storage of the solvent or gas.
(6) Processors may use heat, screens, presses, steam distilla
tion, ice water, and other methods without employing solvents or gases
to create kief, hashish, bubble hash, or infused dairy butter, or oils
or fats derived from natural sources, and other extracts.
Under WAC 314-55-077, infused dairy butter and oils or fats de
rived from natural sources may be used to prepare infused edible prod
ucts, but they may not be prepared as stand-alone edible products for
sale.
(7) Processors may use food grade glycerin, ethanol, and propy
lene glycol solvents to create extracts.
(8) Processors creating marijuana extracts must develop standard
operating procedures, good manufacturing practices, and a training
plan prior to producing extracts for the marketplace. Any person using
solvents or gases in a closed looped system to create marijuana ex
tracts must be fully trained on how to use the system, have direct ac
cess to applicable material safety data sheets and handle and store
the solvents and gases safely.
AMENDATORY SECTION
(Amending WSR 14-07-116, filed 3/19/14, effective
4/19/14)
WAC 314-55-083
What are the security requirements for a marijua
na licensee?
The security requirements for a marijuana licensee are
as follows:
(1)
Display of identification badge.
All employees on the li
censed premises shall be required to hold and properly display an
identification badge issued by the licensed employer at all times
while on the licensed premises.
All nonemployee visitors to the li
censed premises, other than retail store customers, shall be required
to hold and properly display an identification badge issued by the li
censee at all times while on the licensed premises. A log must be kept
and maintained showing the full name of each visitor entering the li
censed premises, badge number issued, the time of arrival, time of de
parture, and the purpose of the visit. All log records must be main
tained on the licensed premises for a period of three years and are
subject to inspection by any liquor control board employee or law en
forcement officer, and must be copied and provided to the liquor con
trol board or law enforcement officer upon request.
(2)
Alarm systems.
At a minimum, each licensed premises must have
a security alarm system on all perimeter entry points and perimeter
windows. Motion detectors, pressure switches, duress, panic, and hold-
up alarms may also be utilized.
(3)
Surveillance system.
At a minimum,
a licensed premises must
have
a complete video surveillance with minimum camera resolution of
640×470 pixel
s
and
cameras
must be internet protocol (IP) compatible
((
and recording system for controlled areas within the licensed prem
ises and entire perimeter fencing and gates enclosing an outdoor grow
operation, to ensure control of the area. The requirements include im
age acquisition, video recording, management and monitoring hardware
and support systems
))
. All cameras must be fixed and placement shall
allow for the clear and certain identification of any person and ac
tivities in controlled areas of the licensed premises. All entrances
and exits to an indoor facility shall be recorded from both indoor and
outdoor, or ingress and egress vantage points. All cameras must record
continuously twenty-four hours per day and at a minimum of ten frames
per second. The surveillance system storage device must be secured on
the licensed premises in a lockbox, cabinet, closet, or secured in an
other manner to protect from employee tampering or criminal theft. All
surveillance recordings must be kept for a minimum of forty-five days
on the licensee’s recording device. All videos are subject to inspec
tion by any liquor control board employee or law enforcement officer,
and must be copied and provided to the liquor control board or law en
forcement officer upon request
. All recorded images must clearly and
accurately display the time and date. Time is to be measured in ac
cordance with the U.S. National Institute Standards and Technology
standards.
(a)
((
All controlled access areas, security rooms/areas and all
points of ingress/egress to limited access areas, all points of in
gress/egress to the exterior of the licensed premises, and all point-
of-sale (POS) areas must have fixed camera coverage capable of identi
fying activity occurring within a minimum of twenty feet of all entry
and exit points.
(b) Camera placement shall allow for the clear and certain iden
tification of any individual on the licensed premises.
[ 1 ]
OTS-6472.1
(c) All entrances and exits to the facility shall be recorded
from both indoor and outdoor vantage points, and capable of clearly
identifying any activities occurring within the facility or within the
grow rooms in low light conditions. The surveillance system storage
device must be secured on-site in a lock box, cabinet, closet, or se
cured in another manner to protect from employee tampering or criminal
theft.
(d) All perimeter fencing and gates enclosing an outdoor grow op
eration must have full video surveillance capable of clearly identify
ing any activities occurring within twenty feet of the exterior of the
perimeter. Any gate or other entry point that is part of the enclosure
for an outdoor growing operation must have fixed camera coverage capa
ble of identifying activity occurring within a minimum of twenty feet
of the exterior, twenty-four hours a day. A motion detection lighting
system may be employed to illuminate the gate area in low light condi
tions.
(e) Areas where marijuana is grown, cured or manufactured includ
ing destroying waste, shall have a camera placement in the room facing
the primary entry door, and in adequate fixed positions, at a height
which will provide a clear, unobstructed view of the regular activity
without a sight blockage from lighting hoods, fixtures, or other
equipment, allowing for the clear and certain identification of per
sons and activities at all times.
(f)
))
Controlled areas include:
(i) Any area within an indoor, greenhouse or outdoor room or area
where marijuana is grown, or marijuana or marijuana waste is being
moved within, processed, stored, or destroyed. Booms or areas where
marijuana or marijuana waste is never present are not considered con
trol areas and do not require camera coverage.
(ii) All point-of-sale (POS) areas.
(iii) Twenty feet of the exterior of the perimeter of all re
quired fencing and gates enclosing an outdoor grow operation. Any gate
or other entry point that is part of the required enclosure for an
outdoor growing operation must be lighted in low-light conditions. A
motion detection lighting system may be employed to light the gate
area in low-light conditions.
(iv) Any room or area storing a surveillance system storage de
vice.
(b)
All marijuana or marijuana-infused products that are intended
to be removed or transported
((
from marijuana producer to marijuana
processor and/or marijuana processor to marijuana retailer
))
between
two licensed premises
shall be staged in an area known as the “quaran
tine” location for a minimum of twenty-four hours. Transport manifest
with product information and weights must be affixed to the product.
At no time during the quarantine period can the product be handled or
moved under any circumstances and is subject to auditing by the liquor
control board or designees.
((
(g) All camera recordings must be continuously recorded twenty-
four hours a day. All surveillance recordings must be kept for a mini
mum of forty-five days on the licensee’s recording device. All videos
are subject to inspection by any liquor control board employee or law
enforcement officer, and must be copied and provided to the board or
law enforcement officer upon request.
))
(4)
Traceability:
To prevent diversion and to promote public
safety, marijuana licensees must track marijuana from seed to sale.
Licensees must provide the required information on a system specified
by the board. All costs related to the reporting requirements are
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OTS-6472.1
borne by the licensee. Marijuana seedlings, clones, plants, lots of
usable marijuana or trim, leaves, and other plant matter, batches of
extracts, marijuana-infused products, samples, and marijuana waste
must be traceable from production through processing, and finally into
the retail environment including being able to identify which lot was
used as base material to create each batch of extracts or infused
products. The following information is required and must be kept com
pletely up-to-date in a system specified by the board:
(a) Key notification of “events,” such as when a plant enters the
system (moved from the seedling or clone area to the vegetation pro
duction area at a young age);
(b) When plants are to be partially or fully harvested or de
stroyed;
(c) When a lot or batch of marijuana, marijuana extract, marijua
na-infused product, or marijuana waste is to be destroyed;
(d) When usable marijuana or marijuana-infused products are
transported;
(e) Any theft of usable marijuana, marijuana seedlings, clones,
plants, trim or other plant material, extract, infused product, seed,
plant tissue or other item containing marijuana;
(f) There is a seventy-two hour mandatory waiting period after
the notification described in this subsection is given before any
plant may be destroyed, a lot or batch of marijuana, marijuana ex
tract, marijuana-infused product, or marijuana waste may be destroyed;
(g) There is a twenty-four hour mandatory waiting period after
the notification described in this subsection to allow for inspection
before a lot of marijuana is transported from a producer to a process
or;
(h) There is a twenty-four hour mandatory waiting period after
the notification described in this subsection to allow for inspection
before usable marijuana, or marijuana-infused products are transported
from a processor to a retailer;
(i) Prior to reaching eight inches in height or width, each mari
juana plant must be tagged and tracked individually, which typically
should happened when a plant is moved from the seed germination or
clone area to the vegetation production area;
(j) A complete inventory of all marijuana, seeds, plant tissue,
seedlings, clones, all plants, lots of usable marijuana or trim,
leaves, and other plant matter, batches of extract, marijuana-infused
products, and marijuana waste;
(k) All point of sale records;
(l) Marijuana excise tax records;
(m) All samples sent to an independent testing lab, any sample of
unused portion of a sample returned to a licensee, and the quality as
surance test results;
(n) All free samples provided to another licensee for purposes of
negotiating a sale;
(o) All samples used for testing for quality by the producer or
processor;
(p) Samples containing usable marijuana provided to retailers;
(q) Samples provided to the board or their designee for quality
assurance compliance checks; and
(r) Other information specified by the board.
(5)
Start-up inventory for marijuana producers.
Within fifteen
days of starting production operations a producer must have all non
flowering marijuana plants physically on the licensed premises. The
producer must, within twenty-four hours, record each marijuana plant
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OTS-6472.1
that enters the facility in the traceability system during this fif
teen day time frame. No flowering marijuana plants may be brought into
the facility during this fifteen day time frame. After this fifteen
day time frame expires, a producer may only start plants from seed or
create clones from a marijuana plant located physically on their li
censed premises, or purchase marijuana seeds, clones, or plants from
another licensed producer.
(6)
Samples.
Free samples of usable marijuana may be provided by
producers or processors, or used for product quality testing, as set
forth in this section.
(a) Samples are limited to two grams and a producer may not pro
vide any one licensed processor more than four grams of usable mari
juana per month free of charge for the purpose of negotiating a sale.
The producer must record the amount of each sample and the processor
receiving the sample in the traceability system.
(b) Samples are limited to two grams and a processor may not pro
vide any one licensed retailer more than four grams of usable marijua
na per month free of charge for the purpose of negotiating a sale. The
processor must record the amount of each sample and the retailer re
ceiving the sample in the traceability system.
(c) Samples are limited to two units and a processor may not pro
vide any one licensed retailer more than six ounces of marijuana in
fused in solid form per month free of charge for the purpose of nego
tiating a sale. The processor must record the amount of each sample
and the retailer receiving the sample in the traceability system.
(d) Samples are limited to two units and a processor may not pro
vide any one licensed retailer more than twenty-four ounces of mari
juana-infused liquid per month free of charge for the purpose of nego
tiating a sale. The processor must record the amount of each sample
and the retailer receiving the sample in the traceability system.
(e) Samples are limited to one-half gram and a processor may not
provide any one licensed retailer more than one gram of marijuana-in
fused extract meant for inhalation per month free of charge for the
purpose of negotiating a sale. The processor must record the amount of
each sample and the retailer receiving the sample in the traceability
system.
(f) Producers may sample one gram of usable marijuana per strain,
per month for quality sampling. Sampling for quality may not take
place at a licensed premises. Only the producer or employees of the
licensee may sample the usable marijuana for quality. The producer
must record the amount of each sample and the employee(s) conducting
the sampling in the traceability system.
(g) Processors may sample one unit, per batch of a new edible
marijuana-infused product to be offered for sale on the market. Sam
pling for quality may not take place at a licensed premises. Only the
processor or employees of the licensee may sample the edible marijua
na-infused product. The processor must record the amount of each sam
ple and the employee(s) conducting the sampling in the traceability
system.
(h) Processors may sample up to one quarter gram, per batch of a
new marijuana-infused extract for inhalation to be offered for sale on
the market. Sampling for quality may not take place at a licensed
premises. Only the processor or employee(s) of the licensee may sample
the marijuana-infused extract for inhalation. The processor must re
cord the amount of each sample and the employee(s) conducting the sam
pling in the traceability system.
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OTS-6472.1
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