title: RCW 68.64.020

text:
This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
[ 2008 c 139 s 3.]

catchline: Scope.


doc_type: statute

jurisdiction: wa

title: RCW 68.64.030

text:
Subject to RCW 68.64.070, an anatomical gift of a donor's body or part may be made during the life of the donor in the manner provided in RCW 68.64.040 by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(a) Emancipated; or
(b) Authorized under state law to apply for a driver's license because the donor is at least fifteen and one-half years old;
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is an unemancipated minor; provided, however, that an anatomical gift made pursuant to this subsection shall cease to be valid once the donor becomes either an emancipated minor or an adult; or
(4) The donor's guardian.
[ 2008 c 139 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Persons authorized to make an anatomical gift—During life of donor.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 68.64.040

text:
(1) A donor may make an anatomical gift:
(a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(b) In a will;
(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(d) As provided in subsection (2) of this section.
(2) A donor or other person authorized to make an anatomical gift under RCW 68.64.030 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in (a) of this subsection.
(3) Revocation, suspension, expiration, or cancellation of a driver's license or identification card through which an anatomical gift has been made does not invalidate the gift.
(4) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
[ 2008 c 139 s 5.]

catchline: Manner in which an anatomical gift may be made.


title: RCW 68.64.050

text:
(1) Subject to RCW 68.64.070, a donor or other person authorized to make an anatomical gift under RCW 68.64.030 may amend or revoke an anatomical gift by:
(a) A record signed by:
(i) The donor;
(ii) The other person; or
(iii) Subject to subsection (2) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(2) A record signed pursuant to subsection (1)(a)(iii) of this section must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in (a) of this subsection.
(3) Subject to RCW 68.64.070, a donor or other person authorized to make an anatomical gift under RCW 68.64.030 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. The donor or other person shall notify the Washington organ procurement organization of the destruction or cancellation of the document of gift for the purpose of removing the individual's name from the organ and tissue donor registry created in RCW 68.64.200. If the Washington state organ procurement organization that is notified does not maintain a registry for Washington residents, it shall notify all Washington state procurement organizations that do maintain such a registry.
(4) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(5) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (1) of this section.
[ 2008 c 139 s 6.]

catchline: Amending or revoking an anatomical gift.


title: RCW 68.64.060

text:
(1) An individual may refuse to make an anatomical gift of the individual's body or part by:
(a) A record signed by:
(i) The individual; or
(ii) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(c) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(2) A record signed pursuant to subsection (1)(a)(ii) of this section must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(b) State that it has been signed and witnessed as provided in (a) of this subsection.
(3) An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection (1) of this section for making a refusal;
(b) By subsequently making an anatomical gift pursuant to RCW 68.64.040 that is inconsistent with the refusal; or
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(4) Except as otherwise provided in RCW 68.64.070(8), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
[ 2008 c 139 s 7.]

catchline: Refusal to make an anatomical gift.


title: RCW 68.64.070

text:
(1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under RCW 68.64.040 or an amendment to an anatomical gift of the donor's body or part under RCW 68.64.050.
(2) A donor's revocation of an anatomical gift of the donor's body or part under RCW 68.64.050 is not a refusal and does not bar another person specified in RCW 68.64.030 or 68.64.080 from making an anatomical gift of the donor's body or part under RCW 68.64.040 or 68.64.090.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under RCW 68.64.040 or an amendment to an anatomical gift of the donor's body or part under RCW 68.64.050, another person may not make, amend, or revoke the gift of the donor's body or part under RCW 68.64.090.
(4) A revocation of an anatomical gift of a donor's body or part under RCW 68.64.050 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under RCW 68.64.040 or 68.64.090.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under RCW 68.64.030, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under RCW 68.64.030, an anatomical gift of a part for one or more of the permitted purposes is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under RCW 68.64.040 or 68.64.090.
(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
[ 2008 c 139 s 8.]

catchline: Making, amending, or revoking a gift by a person other than donor—Making additional gifts.


title: RCW 68.64.080

text:
(1) Subject to subsections (2) and (3) of this section and unless barred by RCW 68.64.060 or 68.64.070, an anatomical gift of a decedent's body or part may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under RCW 68.64.030(2) immediately before the decedent's death;
(b) The spouse, or domestic partner registered as required by state law, of the decedent;
(c) Adult children of the decedent;
(d) Parents of the decedent;
(e) Adult siblings of the decedent;
(f) Adult grandchildren of the decedent;
(g) Grandparents of the decedent;
(h) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(i) Any other person having the authority under applicable law to dispose of the decedent's body.
(2) If there is more than one member of a class listed in subsection (1)(a), (c), (d), (e), (f), (g), or (h) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under RCW 68.64.100 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(3) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.
[ 2008 c 139 s 9.]

catchline: Persons authorized to make an anatomical gift—After donor's death.


title: RCW 68.64.090

text:
(1) A person authorized to make an anatomical gift under RCW 68.64.080 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under RCW 68.64.080 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under RCW 68.64.080 may be:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(3) A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before transplant procedures have begun on the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
[ 2008 c 139 s 10.]

catchline: Manner in which an anatomical gift may be made—After donor's death.


title: RCW 68.64.100

text:
(1) An anatomical gift may be made to the following persons named in the document of gift:
(a) For research or education: A hospital; an accredited medical school, dental school, college, or university; or an organ procurement organization;
(b) Subject to subsection (2) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;
(c) An eye bank or tissue bank.
(2) If an anatomical gift to an individual under subsection (1)(b) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (7) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
(3) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (1) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
(4) For the purpose of subsection (3) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(5) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (1) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.
(6) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor," "organ donor," or "body donor," or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.
(7) For purposes of subsections (2), (5), and (6) of this section the following rules apply:
(a) If the part is an eye, the gift passes to the appropriate eye bank.
(b) If the part is tissue, the gift passes to the appropriate tissue bank.
(c) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(8) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (1)(b) of this section, passes to the organ procurement organization as custodian of the organ.
(9) If an anatomical gift does not pass pursuant to subsections (1) through (8) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(10) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under RCW 68.64.040 or 68.64.090 or if the person knows that the decedent made a refusal under RCW 68.64.060 that was not revoked. For purposes of this subsection (10), if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(11) Except as otherwise provided in subsection (1)(b) of this section, nothing in this chapter affects the allocation of organs for transplantation or therapy.
[ 2008 c 139 s 11.]

catchline: Persons to whom an anatomical gift may be made.


title: RCW 68.64.105

text:
(1) A document of gift is valid if executed in accordance with:
(a) This chapter;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
[ 2008 c 139 s 19.]

catchline: Document of gift—Validity requirements.


title: RCW 68.64.110

text:
(1) A document of gift need not be delivered during the donor's lifetime to be effective.
(2) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under RCW 68.64.100.
[ 2008 c 139 s 12.]

catchline: Document of gift or refusal—Examination and copying.


title: RCW 68.64.120

text:
(1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of licensing and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(2) A procurement organization must be allowed reasonable access to information in the records of the department of licensing to ascertain whether an individual at or near death is a donor.
(3) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(4) Unless prohibited by law other than this chapter, at any time after a donor's death, the person to which a part passes under RCW 68.64.100 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(5) Unless prohibited by law other than this chapter, an examination under subsection (3) or (4) of this section may include an examination of all medical records of the donor or prospective donor.
(6) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(7) Upon referral by a hospital under subsection (1) of this section, a procurement organization shall make a reasonable search for any person listed in RCW 68.64.080 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(8) Subject to RCW 68.64.100(9), 68.64.190, and 68.64.901, the rights of the person to which a part passes under RCW 68.64.100 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial, alkaline hydrolysis, natural organic reduction, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under RCW 68.64.100, upon the death of the donor and before embalming or final disposition, must cause the part to be removed without unnecessary mutilation.
(9) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
(10) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
[ 2019 c 432 s 28; 2008 c 139 s 13.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Procurement organizations—Reasonable examinations—Donee's rights—Physician removal of donated part.


title: RCW 68.64.130

text:
When English is not the first language of the person or persons making, amending, revoking, or refusing anatomical gifts as defined in chapter 139, Laws of 2008, organ procurement organizations are responsible for providing, at no cost, appropriate interpreter services or translations to such persons for the purpose of making such decisions.
[ 2008 c 139 s 14.]

catchline: Nonnative English speakers—Interpreter services and translations.


title: RCW 68.64.140

text:
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
[ 2008 c 139 s 15.]

catchline: Hospitals—Agreements or affiliations with procurement organizations required.


title: RCW 68.64.150

text:
(1) Except as otherwise provided in subsection (2) of this section, a person who, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death is guilty of a class C felony under RCW 9A.20.010.
(2) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
[ 2008 c 139 s 16.]

catchline: Illegal purchases or sales—Felony.


title: RCW 68.64.160

text:
A person who, in order to obtain financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal is guilty of a class C felony under RCW 9A.20.010.
[ 2008 c 139 s 17.]

catchline: Illegal financial gain—Altering a document, amendment, or revocation of gift—Felony.


title: RCW 68.64.170

text:
(1) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(2) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(3) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in RCW 68.64.080(1) (b) through (g) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
[ 2008 c 139 s 18.]

catchline: Liability.


title: RCW 68.64.180

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Advance health care directive" means a power of attorney for health care or a "directive" as defined in RCW 70.122.020.
(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(c) "Health care decision" means any decision made regarding the health care of the prospective donor.
(2) If a prospective donor has a declaration or advance health care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and the prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under RCW 68.64.080. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
[ 2008 c 139 s 20.]

catchline: Declarations or advance health care directives—Conflicts with medical suitability measures.


title: RCW 68.64.190

text:
(1)(a) A coroner or medical examiner shall cooperate with procurement organizations, to the extent that such cooperation does not prevent, hinder, or impede the timely investigation of death, to facilitate the opportunity to recover anatomical gifts for the purpose of transplantation or therapy. However, a coroner or medical examiner may limit the number of procurement organizations with which he or she cooperates.
(b) The coroner or medical examiner may release the initial investigative information to the tissue or organ procurement organization for the purpose of determining the suitability of the potential donor by those organizations. The information released for this purpose shall remain confidential. The coroner or medical examiner is not liable for any release of confidential information by the procurement organization.
(2)(a) Procurement organizations shall cooperate with the coroner or medical examiner to ensure the preservation of and timely transfer to the coroner or medical examiner any physical or biological evidence from a prospective donor that the procurement organization may have contact with or access to that is required by the coroner or medical examiner for the investigation of death.
(b) If the coroner or medical examiner or a designee releases a part for donation under subsection (4) of this section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner or medical examiner with a record describing the condition of the part, biopsies, residual tissue, photographs, and any other information and observations requested by the coroner or medical examiner that would assist in the investigation of death.
(3) A part may not be removed from the body of a decedent under the jurisdiction of a coroner or medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift, and has been released by the coroner or medical examiner. The body of a decedent under the jurisdiction of the coroner or medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner or medical examiner from performing the medicolegal investigation upon the body or relevant parts of a decedent under the jurisdiction of the coroner or medical examiner.
(4) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner or medical examiner has been or might be made, but the coroner or medical examiner initially believes that the recovery of the part could interfere with the postmortem investigation into the decedent's cause or manner of death, the collection of evidence, or the description, documentation, or interpretation of injuries on the body, the coroner or medical examiner may consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner or medical examiner may release the part for recovery.
[ 2008 c 139 s 21.]

catchline: Coroner or medical examiner—Duties.


title: RCW 68.64.200

text:
(1) The department of licensing shall electronically transfer all information that appears on the front of a driver's license or identicard including the name, gender, date of birth, and most recent address of any person who obtains a driver's license or identicard and volunteers to donate organs or tissue upon death to any Washington state organ procurement organization that intends to establish a statewide organ and tissue donor registry as provided under subsection (2) of this section. All subsequent electronic transfers of donor information shall be at no charge to this Washington state organ procurement organization.
(2) Information obtained by a Washington state organ procurement organization under subsection (1) of this section shall be used for the purpose of establishing a statewide organ and tissue donor registry accessible to in-state recognized cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement agencies in another state when a Washington state resident is a donor of an anatomical gift and is not located in this state at the time of death or immediately before the death of the donor. Any registry created using information acquired under subsection (1) of this section must include all residents of Washington state regardless of their residence within the service area designated by the federal government.
(3) No organ or tissue donation organization may obtain information from the organ and tissue donor registry for the purposes of fund-raising. Organ and tissue donor registry information may not be further disseminated unless authorized in this section or by federal law. Dissemination of organ and tissue donor registry information may be made by a Washington state organ procurement organization to another Washington state organ procurement organization, a recognized in-state procurement agency for other tissue recovery, or an out-of-state federally designated organ procurement organization that has been designated by the United States department of health and human services to serve an area outside Washington.
(4) A Washington state organ procurement organization may acquire donor information from sources other than the department of licensing.
(5) All reasonable costs associated with the creation of an organ and tissue donor registry shall be paid by the Washington state organ procurement organization that has requested the information. The reasonable costs associated with the initial installation and setup for electronic transfer of the donor information at the department of licensing shall be paid by the Washington state organ procurement organization that requested the information.
(6) An individual does not need to participate in the organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations and not inhibit persons from being donors upon death.
[ 2003 c 94 s 3. Formerly RCW 68.50.635.]
Notes:
Findings—2003 c 94: "The legislature finds that the use of anatomical gifts, including the donation of organ[s] or tissue, for the purpose of transplantation is of great interest to the citizens of Washington state and may save or prolong the life or improve the health of extremely ill and dying persons.
The legislation further finds that more than eighty thousand people are currently waiting for lifesaving organ transplants on the national transplant waiting list. More than one thousand two hundred of these people are listed at Washington state transplant centers. Nationally, seventeen people die each day as a result of the shortage of donated organs.
The creation of a statewide organ and tissue donor registry is crucial to facilitate timely and successful organ and tissue procurement. The legislature further finds that continuing education as to the existence and maintenance of a statewide organ and tissue donor registry is in the best interest of the people of the state of Washington." [ 2003 c 94 s 1.]

catchline: Organ and tissue donor registry.


title: RCW 68.64.210

text:
(1) The organ and tissue donation awareness account is created in the custody of the state treasurer. All receipts from donations made under RCW 46.16A.090(2), and other contributions and appropriations specifically made for the purposes of organ and tissue donor awareness, shall be deposited into the account. Except as provided in subsection (2) of this section, expenditures from the account may be authorized by the director of the department of licensing or the director's designee and do not require an appropriation.
(2) The department of licensing shall submit a funding request to the legislature covering the reasonable costs associated with the ongoing maintenance associated with the electronic transfer of the donor information to the organ and tissue donor registry and the donation program established in RCW 46.16A.090(2). The legislature shall appropriate to the department of licensing an amount it deems reasonable from the organ and tissue donation awareness account to the department of licensing for these purposes.
(3) At least quarterly, the department of licensing shall transmit any remaining moneys in the organ and tissue donation awareness account to the foundation established in RCW 46.16A.090(2) for the costs associated with educating the public about the organ and tissue donor registry and related organ and tissue donation education programs.
(4) Funding for donation awareness programs must be proportional across the state regardless of which Washington state organ procurement organization may be designated by the United States department of health and human services to serve a particular geographic area. No funds from the account may be used to fund activities outside Washington state.
[ 2010 c 161 s 1157; 2003 c 94 s 7. Formerly RCW 68.50.640.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Findings—2003 c 94: See note following RCW 68.64.200.

catchline: Organ and tissue donation awareness account.


title: RCW 68.64.900

text:
This chapter may be cited as the revised uniform anatomical gift act.
[ 2008 c 139 s 1.]

catchline: Short title.


title: RCW 68.64.901

text:
This chapter is subject to the laws of this state governing the jurisdiction of the coroner or medical examiner.
[ 2008 c 139 s 22.]

catchline: Applicable state laws.


title: RCW 68.64.902

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2008 c 139 s 23.]

catchline: Uniformity of application and construction—2008 c 139.


title: RCW 68.64.903

text:
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) with respect to electronic signatures and anatomical gifts, but does not modify, limit, or supersede section 101(a) of that act (15 U.S.C. Sec. 7001), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
[ 2008 c 139 s 24.]

catchline: Supersedes, in part, the federal electronic signatures in global and national commerce act.


title: RCW 68.70.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Anatomical gift" has the same meaning as provided in RCW 68.64.010.
(2) "Auxiliary aids and services" include, but are not limited to:
(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(b) Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;
(c) Provision of information in a format that is accessible for individuals with cognitive, neurological, developmental, and/or intellectual disabilities;
(d) Provision of supported decision-making services; and
(e) Acquisition or modification of equipment or devices.
(3) "Covered entity" means:
(a) Any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or
(b) Any entity responsible for matching anatomical gift donors to potential recipients.
(4) "Disability" has the same meaning as provided in the Americans with disabilities act of 1990, as amended by the Americans with disabilities act amendments act of 2008, 42 U.S.C. Sec. 12102.
(5) "Qualified individual" means an individual who, with or without the support networks available to them, provision of auxiliary aids and services, and/or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift.
(6) "Reasonable modifications to policies or practices" include, but are not limited to:
(a) Communication with individuals responsible for supporting an individual with postsurgical and posttransplantation care, including medication; and
(b) Consideration of support networks available to the individual, including family, friends, and home and community-based services, including home and community-based services funded through medicaid, medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, in determining whether the individual is able to comply with posttransplant medical requirements.
(7) "Supported decision making" means the use of a support person to assist an individual in making medical decisions, communicate information to the individual, or ascertain an individual's wishes. "Supported decision making" may include:
(a) The inclusion of the individual's attorney-in-fact, health care proxy, or any person of the individual's choice in communications about the individual's medical care;
(b) Permitting the individual to designate a person of their choice for the purposes of supporting that individual in communicating, processing information, or making medical decisions;
(c) Providing auxiliary aids and services to facilitate the individual's ability to communicate and process health-related information, including use of assistive communication technology;
(d) Providing information to persons designated by the individual, consistent with the provisions of the health insurance portability and accountability act of 1996, 42 U.S.C. Sec. 1301 et seq., and other applicable laws and regulations governing disclosure of health information;
(e) Providing health information in a format that is readily understandable by the individual; and
(f) Working with a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, to ensure that the individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the individual's own expressed interests.
[ 2019 c 315 s 2.]
Notes:
Findings—2019 c 315: See note following RCW 68.70.020.

catchline: Definitions.


title: RCW 68.70.020

text:
(1) A covered entity may not, solely on the basis of a qualified individual's mental or physical disability:
(a) Deem an individual ineligible to receive an anatomical gift or organ transplant;
(b) Deny medical or related organ transplantation services, including evaluation, surgery, counseling, and postoperative treatment and care;
(c) Refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an organ transplant;
(d) Refuse to place an individual on an organ transplant waiting list, or placement of the individual at a lower-priority position on the list than the position at which he or she would have been placed if not for his or her disability; or
(e) Decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including posttransplantation care.
(2) Notwithstanding subsection (1) of this section, a covered entity may take an individual's disability into account when making treatment and/or coverage recommendations or decisions, solely to the extent that the physical or mental disability has been found by a physician, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. The provisions of this section may not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.
(3) If an individual has the necessary support system to provide reasonable assurance that she or he will comply with posttransplant medical requirements, an individual's inability to independently comply with those requirements may not be deemed to be medically significant for the purposes of subsection (2) of this section.
(4) A covered entity must make reasonable modifications to policies, practices, or procedures, when such modifications are necessary to make services such as transplantation-related counseling, information, coverage, or treatment available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services.
(5) A covered entity must take such steps as may be necessary to ensure that no qualified individual with a disability is denied services such as transplantation-related counseling, information, coverage, or treatment because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or would result in an undue burden.
(6) A covered entity must otherwise comply with the requirements of Titles II and III of the Americans with disabilities act of 1990 and the Americans with disabilities act amendments act of 2008.
(7) The provisions of this section apply to each part of the organ transplant process.
[ 2019 c 315 s 3.]
Notes:
Findings—2019 c 315: "(1) The legislature finds that a mental or physical disability does not diminish a person's right to health care including organ transplantation.
(2) The legislature finds that the Americans with disabilities act of 1990 prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services.
(3) The legislature finds that although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in medicare, medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs.
(4) The legislature finds that Washington residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability." [ 2019 c 315 s 1.]

catchline: Prohibition of discrimination.


title: RCW 68.70.030

text:
(1) Any individual who has been subjected to discrimination in violation of this chapter may initiate a civil action in a court of competent jurisdiction to enjoin further violations and recover the cost of the suit including reasonable attorneys' fees.
(2) The court must accord priority on its calendar and expeditiously proceed with an action brought under this chapter.
(3) Nothing in this section is intended to limit or replace available remedies under the Americans with disabilities act of 1990 and the Americans with disabilities act amendments act of 2008 or any other applicable law.
[ 2019 c 315 s 4.]
Notes:
Findings—2019 c 315: See note following RCW 68.70.020.

catchline: Enforcement.


title: RCW 68.74.010

text:
(1) A natural person may designate an area of land owned by the person as a family burial ground.
(2) If a property is co-owned by two or more natural persons, a family burial ground may be established on the property only with the written consent of all co-owners of the property.
(3) A family burial ground may not be established on any property co-owned by a combination of natural persons and legal entities.
(4) A family burial ground must be set back at least 25 feet from an existing parcel boundary and may not be established:
(a) Within 150 feet of a designated critical area, as defined in RCW 36.70A.030;
(b) Within 100 feet of the property line of a public right-of-way or boundary of an easement; or
(c) Within 100 feet of an existing well source used for drinking water or 200 feet of an existing spring source used for drinking water.
(5) A family burial ground may not comprise greater than 10 percent of the area of the parcel upon which it is established.
[ 2026 c 173 s 2.]
Notes:
Intent—2026 c 173: "It is the intent of the legislature to enable creation of family burial grounds on privately owned property in order to provide greater flexibility and options for individuals in choosing where to be interred.
It is further the intent of the legislature to honor and support individual and family connectivity with the land." [ 2026 c 173 s 1.]

catchline: Designation of family burial ground—Boundary requirements.


title: RCW 68.74.020

text:
(1)(a) A mausoleum, columbarium, or similar structure constructed on a family burial ground and used or intended to be used for interments of human remains must comply with the requirements of this section, whether constructed under or above the surface of the earth, where any portion of the building is exposed to view, or, when interment is completed, is less than three feet below the surface of the earth and covered by earth.
(b) A building on a family burial ground not erected for or not used as a place for interment of human remains which is converted or altered to such use is subject to this section.
(2) A building or structure constructed on a family burial ground and intended to be used for interment of human remains:
(a) Must be of class A fireproof construction and constructed with such material and workmanship as to ensure its durability and permanence as dictated and determined by most current mausoleum construction and engineering science; and
(b) Must be constructed and installed on the family burial ground in compliance with all applicable local building permitting laws, public health laws, and laws governing class A construction.
(3) Any person who violates this section commits a civil infraction enforceable according to chapter 7.80 RCW and is subject to a monetary penalty of $500. A notice of civil infraction may be issued by a local law enforcement officer or a local public health official if after investigation it has reasonable cause to believe an infraction has been committed. Cities, towns, and counties shall prescribe local procedures to ensure the owner of the property on which the burial ground is located remediates any violation of this section at the owner's expense.
[ 2026 c 173 s 3.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Construction requirements.


title: RCW 68.74.030

text:
The owner of the property on which a family burial ground is located may not:
(1) Offer for sale plots in the family burial ground or space in a mausoleum or columbarium located on the family burial ground; or
(2) Charge fees for any goods or services provided by the owner in connection with interment of human remains in the family burial ground.
[ 2026 c 173 s 4.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Limitations on financial transactions.


title: RCW 68.74.040

text:
Within 30 days of each interment in a family burial ground, the owner of the property on which a family burial ground is located shall report the interment to the Washington state department of archaeology and historic preservation and record every interment with the county auditor of the county in which the land is situated. The owner shall report to the department and record with the county auditor:
(1) The deceased person's name as it appears on the death certificate;
(2) The deceased person's date of birth as it appears on the death certificate;
(3) The deceased person's date of death as it appears on the death certificate;
(4) The name of the owner or owners and the legal description of the property, including the assessor parcel number, where the human remains are interred; and
(5) The latitude and longitude coordinates of the grave, mausoleum, or columbarium, such as those given by a global positioning system, that are verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.
[ 2026 c 173 s 5.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Reporting of interments.


title: RCW 68.74.050

text:
Before the sale of the property on which a family burial ground is located, the owner of the property shall disclose to the prospective buyer the existence of the family burial ground and any mausoleums or columbaria erected on the family burial ground.
[ 2026 c 173 s 6.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Disclosure to prospective buyers.


title: RCW 68.74.060

text:
(1)(a) The owner of the property on which a family burial ground is located may relocate human remains from the family burial ground with the written consent of one of the following surviving family members, in the order named:
(i) The surviving spouse or state registered domestic partner of the decedent;
(ii) The surviving children of the decedent;
(iii) The surviving parents of the decedent; or
(iv) The surviving siblings of the decedent.
(b) The surviving family member who gives consent to relocate human remains from the family burial ground has the right to designate another lawful place for disposition of human remains in which the relocated human remains will be reinterred.
(2) If the property owner is unable to obtain the required consent from any surviving family member specified in subsection (1) of this section:
(a) The property owner may petition the superior court of the county in which the family burial ground is situated for an order authorizing the relocation of human remains from the family burial ground; and
(b) The property owner has the right to designate another lawful place for disposition of human remains in which the relocated human remains will be reinterred. In designating a place to reinter the remains, the property owner shall make all reasonable efforts to consult with any surviving family members of the person whose remains will be relocated from the family burial ground.
(3) Upon obtaining the required consent or court authorization, the owner of the property must notify the Washington state department of archaeology and historic preservation and obtain a permit from the department to disinter the human remains from the family burial ground and to reinter the human remains in another lawful place for disposition of human remains.
(4) The owner of the property on which a family burial ground is located is responsible for all costs associated with disinterring human remains from the family burial ground and reinterring the remains in another lawful place for disposition of human remains.
[ 2026 c 173 s 7.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Relocation of interred remains—Reporting.


title: RCW 68.74.070

text:
Cities and counties are authorized to enact ordinances regulating or prohibiting the establishment of family burial grounds or the extension of existing family burial grounds and to give power to local planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment or extension of family burial grounds.
[ 2026 c 173 s 8.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: City and county ordinances.


title: RCW 69.04.001

text:
This chapter is intended to enact state legislation (1) which safeguards the public health and promotes the public welfare by protecting the consuming public from (a) potential injury by product use; (b) products that are adulterated; or (c) products that have been produced under unsanitary conditions, and the purchasing public from injury by merchandising deceit flowing from intrastate commerce in food, drugs, devices, and cosmetics; and (2) which is uniform, as provided in this chapter, with the federal food, drug, and cosmetic act; and with the federal trade commission act, to the extent it expressly outlaws the false advertisement of food, drugs, devices, and cosmetics; and (3) which thus promotes uniformity of such law and its administration and enforcement, in and throughout the United States.
[ 1991 c 162 s 1; 1945 c 257 s 2; Rem. Supp. 1945 s 6163-51.]
Notes:
Conformity with federal regulations: RCW 69.04.190 and 69.04.200.

catchline: Statement of purpose.


title: RCW 69.04.002

text:
For the purposes of this chapter, terms shall apply as herein defined unless the context clearly indicates otherwise.
[ 1945 c 257 s 3; Rem. Supp. 1945 s 6163-52.]

catchline: Introductory.


title: RCW 69.04.003

text:
The term "federal act" means the federal food, drug, and cosmetic act, approved on June 25, 1938. (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.)
[ 1945 c 257 s 4; Rem. Supp. 1945 s 6163-53.]

catchline: "Federal act" defined.


title: RCW 69.04.004

text:
The term "intrastate commerce" means any and all commerce within the state of Washington and subject to the jurisdiction thereof; and includes the operation of any business or service establishment.
[ 1945 c 257 s 5; Rem. Supp. 1945 s 6163-54.]

catchline: "Intrastate commerce."


title: RCW 69.04.005

text:
The term "sale" means any and every sale and includes (1) manufacture, processing, packing, canning, bottling, or any other production, preparation, or putting up; (2) exposure, offer, or any other proffer; (3) holding, storing, or any other possessing; (4) dispensing, giving, delivering, serving, or any other supplying; and (5) applying, administering, or any other using.
[ 1945 c 257 s 6; Rem. Supp. 1945 s 6163-55.]


title: RCW 69.04.006

text:
The term "director" means the director of the department of agriculture of the state of Washington and his or her duly authorized representatives.
[ 2012 c 117 s 328; 1945 c 257 s 7; Rem. Supp. 1945 s 6163-56.]
Notes:
Director of agriculture, general duties: Chapter 43.23 RCW.


title: RCW 69.04.007

text:
The term "person" includes individual, partnership, corporation, and association.
[ 1945 c 257 s 8; Rem. Supp. 1945 s 6163-57.]


title: RCW 69.04.008

text:
The term "food" means (1) articles used for food or drink for people or other animals, (2) bottled water, (3) chewing gum, and (4) articles used for components of any such article.
[ 1992 c 34 s 2; 1945 c 257 s 9; Rem. Supp. 1945 s 6163-58.]
Notes:
Severability—1992 c 34: See note following RCW 69.07.170.


title: RCW 69.04.009

text:
The term "drug" means (1) articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of human beings or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.
[ 2009 c 549 s 1018; 1945 c 257 s 10; Rem. Supp. 1945 s 6163-59. Prior: 1907 c 211 s 2.]


title: RCW 69.04.010

text:
The term "device" (except when used in RCW 69.04.016 and in RCW * 69.04.040(10), ** 69.04.270, 69.04.690, and in RCW 69.04.470 as used in the sentence "(as compared with other words, statements, designs, or devices, in the labeling)") means instruments, apparatus, and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals; or (2) to affect the structure or any function of the body of human beings or other animals.
[ 2009 c 549 s 1019; 1945 c 257 s 11; Rem. Supp. 1945 s 6163-60.]
Notes:
Reviser's note: *(1) RCW 69.04.040 was amended by 2018 c 236 s 601, deleting subsection (10).
**(2) RCW 69.04.270 was repealed by 2018 c 236 s 801.


title: RCW 69.04.011

text:
The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such article; except that such term shall not include soap.
[ 1945 c 257 s 12; Rem. Supp. 1945 s 6163-61.]


title: RCW 69.04.012

text:
The term "official compendium" mean the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them.
[ 1945 c 257 s 13; Rem. Supp. 1945 s 6163-62.]

catchline: "Official compendium."


title: RCW 69.04.013

text:
The term "label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.
[ 1945 c 257 s 14; Rem. Supp. 1945 s 6163-63.]


title: RCW 69.04.014

text:
The term "immediate container" does not include package liners.
[ 1945 c 257 s 15; Rem. Supp. 1945 s 6163-64.]

catchline: "Immediate container."


title: RCW 69.04.015

text:
The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.
[ 1945 c 257 s 16; Rem. Supp. 1945 s 6163-65.]
Notes:
Crimes relating to labeling: Chapter 9.16 RCW, RCW 69.40.055.


title: RCW 69.04.016

text:
If any article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
[ 1945 c 257 s 17; Rem. Supp. 1945 s 6163-66.]
Notes:
Crimes relating to advertising: Chapter 9.04 RCW.

catchline: "Misleading labeling or advertisement," how determined.


title: RCW 69.04.017

text:
The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.
[ 1945 c 257 s 18; Rem. Supp. 1945 s 6163-67.]

catchline: "Antiseptic" as germicide.


title: RCW 69.04.018

text:
The term "new drug" means (1) any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions: PROVIDED, That no drug in use on the *effective date of this chapter shall be regarded as a new drug.
[ 1945 c 257 s 19; Rem. Supp. 1945 s 6163-68.]
Notes:
*Effective date—1945 c 257: See RCW 69.04.860.

catchline: "New drug" defined.


title: RCW 69.04.019

text:
The term "advertisement" means all representations, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.
[ 1945 c 257 s 20; Rem. Supp. 1945 s 6163-69.]


title: RCW 69.04.020

text:
The term "contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
[ 1945 c 257 s 21; Rem. Supp. 1945 s 6163-70.]

catchline: "Contaminated with filth."


title: RCW 69.04.040

text:
The following acts and the causing thereof are hereby prohibited:
(1) The sale in intrastate commerce of any drug, device, or cosmetic that is adulterated or misbranded.
(2) The adulteration or misbranding of any drug, device, or cosmetic in intrastate commerce.
(3) The receipt in intrastate commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the sale thereof in such commerce for pay or otherwise.
(4) The introduction or delivery for introduction into intrastate commerce of any new drug in violation of RCW 69.04.570.
(5) The dissemination within this state, in any manner or by any means or through any medium, of any false advertisement.
(6) The refusal to permit (a) entry and the taking of a sample or specimen or the making of any investigation or examination as authorized by RCW 69.04.780; or (b) access to or copying of any record as authorized by RCW 69.04.810.
(7) The refusal to permit entry or inspection as authorized by RCW 69.04.820.
(8) The removal, mutilation, or violation of an embargo notice as authorized by RCW 69.04.110.
(9) The giving of a guaranty or undertaking in intrastate commerce, referred to in RCW 69.04.080, that is false.
(10) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a drug, device, or cosmetic, or the doing of any other act with respect to a drug, device, or cosmetic, or the labeling or advertisement thereof, which results in a violation of this chapter.
(11) The using in intrastate commerce, in the labeling or advertisement of any drug, of any representation or suggestion that an application with respect to such drug is effective under section 505 of the federal act or under RCW 69.04.570, or that such drug complies with the provisions of either such section.
[ 2018 c 236 s 601; 1945 c 257 s 22; Rem. Supp. 1945 s 6163-71. Prior: 1917 c 168 s 1; 1907 c 211 s 1; 1901 c 94 s 1.]

catchline: Prohibited acts.


title: RCW 69.04.050

text:
(1) In addition to the remedies hereinafter provided the director is hereby authorized to apply to the superior court of Thurston county for, and such court shall have jurisdiction upon prompt hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of RCW 69.04.040; without proof that an adequate remedy at law does not exist.
(2) Whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication, published at regular intervals (a) that restraining the dissemination of a false advertisement in any particular issue of such publication would delay the delivery of such issue after the regular time therefor, and (b) that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement or any other advertisement, the court shall exclude such issue from the operation of the restraining order or injunction.
[ 1945 c 257 s 23; Rem. Supp. 1945 s 6163-72.]
Notes:
Injunctions, generally: Chapter 7.40 RCW.

catchline: Remedy by injunction.


title: RCW 69.04.060

text:
Except as otherwise provided in this chapter, any person who violates any provision of RCW 69.04.040 is guilty of a misdemeanor and shall on conviction thereof be subject to the following penalties:
(1) A fine of not more than two hundred dollars; or
(2) If the violation is committed after a conviction of such person under this section has become final, imprisonment for not more than thirty days, or a fine of not more than five hundred dollars, or both such imprisonment and fine.
[ 2013 c 290 s 1; 2003 c 53 s 314; 1945 c 257 s 24; Rem. Supp. 1945 s 6163-73. Prior: 1907 c 211 s 12; 1901 c 94 s 11.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Criminal penalty for violations.


title: RCW 69.04.070

text:
Notwithstanding the provisions of RCW 69.04.060, a person who violates RCW 69.04.040 with intent to defraud or mislead is guilty of a misdemeanor and the penalty shall be imprisonment for not more than ninety days, or a fine of not more than one thousand dollars, or both such imprisonment and fine.
[ 2003 c 53 s 315; 1945 c 257 s 25; Rem. Supp. 1945 s 6163-74.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Additional penalty.


title: RCW 69.04.080

text:
No person shall be subject to the penalties of RCW 69.04.060:
(1) For having violated RCW 69.04.040(3), if he or she establishes that he or she received and sold such article in good faith, unless he or she refuses on request of the director to furnish the name and address of the person in the state of Washington from whom he or she received such article and copies of all available documents pertaining to his or her receipt thereof; or
(2) For having violated RCW 69.04.040 (1), (3), or (4), if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person in the state of Washington from whom he or she received such article in good faith, to the effect that such article complies with this chapter; or
(3) For having violated RCW 69.04.040(5), if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person in the state of Washington from whom he or she received such advertisement in good faith, to the effect that such advertisement complies with this chapter; or
(4) For having violated RCW 69.04.040(9), if he or she establishes that he or she gave such guaranty or undertaking in good faith and in reliance on a guaranty or undertaking to him or her, which guaranty or undertaking was to the same effect and was signed by, and contained the name and address of, a person in the state of Washington.
[ 2012 c 117 s 329; 1945 c 257 s 26; Rem. Supp. 1945 s 6163-75.]

catchline: Avoidance of penalty.


title: RCW 69.04.090

text:
No publisher, radio broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to the penalties of RCW 69.04.060 by reason of his or her dissemination of any false advertisement, unless he or she has refused on the request of the director to furnish the name and address of the manufacturer, packer, distributor, seller, or advertising agency in the state of Washington, who caused him or her to disseminate such false advertisement.
[ 2012 c 117 s 330; 1945 c 257 s 27; Rem. Supp. 1945 s 6163-76.]

catchline: Liability of disseminator of advertisement.


title: RCW 69.04.100

text:
Whenever the director shall find in intrastate commerce an article subject to this chapter which is so adulterated or misbranded that it is unfit or unsafe for human use and its immediate condemnation is required to protect the public health, such article is hereby declared to be a nuisance and the director is hereby authorized forthwith to destroy such article or to render it unsalable for human use.
[ 1945 c 257 s 28; Rem. Supp. 1945 s 6163-77.]

catchline: Condemnation of adulterated or misbranded article.


title: RCW 69.04.110

text:
Whenever the director shall find, or shall have probable cause to believe, that an article subject to this chapter is in intrastate commerce in violation of this chapter, and that its embargo under this section is required to protect the consuming or purchasing public, due to its being adulterated or misbranded, or to otherwise protect the public from injury, or possible injury, he or she is hereby authorized to affix to such article a notice of its embargo and against its sale in intrastate commerce, without permission given under this chapter. But if, after such article has been so embargoed, the director shall find that such article does not involve a violation of this chapter, such embargo shall be forthwith removed.
[ 1991 c 162 s 3; 1975 1st ex.s. c 7 s 25; 1945 c 257 s 29; Rem. Supp. 1945 s 6163-78.]

catchline: Embargo of articles.


title: RCW 69.04.120

text:
When the director has embargoed an article, he or she shall, forthwith and without delay and in no event later than thirty days after the affixing of notice of its embargo, petition the superior court for an order affirming the embargo. The court then has jurisdiction, for cause shown and after prompt hearing to any claimant of the embargoed article, to issue an order which directs the removal of the embargo or the destruction or the correction and release of the article. An order for destruction or correction and release shall contain such provision for the payment of pertinent court costs and fees and administrative expenses as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provision for a bond as the court finds indicated in the circumstances.
[ 1991 c 162 s 4; 1983 c 95 s 8; 1945 c 257 s 30; Rem. Supp. 1945 s 6163-79.]

catchline: Procedure on embargo.


title: RCW 69.04.130

text:
Two or more petitions under RCW 69.04.120, which pend at the same time and which present the same issue and claimant hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon application to any court of jurisdiction by the director or by such claimant.
[ 1945 c 257 s 31; Rem. Supp. 1945 s 6163-80.]

catchline: Petitions may be consolidated.


title: RCW 69.04.140

text:
The claimant in any proceeding by petition under RCW 69.04.120 shall be entitled to receive a representative sample of the article subject to such proceeding, upon application to the court of jurisdiction made at any time after such petition and prior to the hearing thereon.
[ 1945 c 257 s 32; Rem. Supp. 1945 s 6163-81.]

catchline: Claimant entitled to sample.


title: RCW 69.04.150

text:
No state court shall allow the recovery of damages from administrative action for condemnation under RCW 69.04.100 or for embargo under RCW 69.04.110, if the court finds that there was probable cause for such action.
[ 1945 c 257 s 33; Rem. Supp. 1945 s 6163-82.]

catchline: Damages not recoverable if probable cause existed.


title: RCW 69.04.160

text:
(1) It shall be the duty of each state attorney, county attorney, or city attorney to whom the director reports any violation of this chapter, or regulations promulgated under it, to cause appropriate proceedings to be instituted in the proper courts, without delay, and to be duly prosecuted as prescribed by law.
(2) Before any violation of this chapter is reported by the director to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his or her views to the director, either orally or in writing, with regard to such contemplated proceeding.
[ 2012 c 117 s 331; 1945 c 257 s 34; Rem. Supp. 1945 s 6163-83.]

catchline: Prosecutions.


title: RCW 69.04.170

text:
Nothing in this chapter shall be construed as requiring the director to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever he or she believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
[ 2012 c 117 s 332; 1945 c 257 s 35; Rem. Supp. 1945 s 6163-84.]

catchline: Minor infractions.


title: RCW 69.04.180

text:
All such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the state of Washington.
[ 1945 c 257 s 36; Rem. Supp. 1945 s 6163-85.]

catchline: Proceedings to be in name of state.


title: RCW 69.04.370

text:
Any officer or employee duly designated by the director shall have access to any factory or establishment, the operator of which holds a permit from the director, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground for suspension of the permit until such access is freely given by the operator.
[ 1945 c 257 s 55; Rem. Supp. 1945 s 6163-104.]

catchline: Right of access for inspection.


title: RCW 69.04.410

text:
A drug or device shall be deemed to be adulterated (1) if it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (3) if it is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one that is harmless and suitable for use in drugs for such purposes, as provided by regulations promulgated under section 504 of the federal act.
[ 1945 c 257 s 59; Rem. Supp. 1945 s 6163-108. Prior: 1923 c 36 s 1; 1907 c 211 s 3; 1901 c 94 s 3.]

catchline: Drugs—Adulteration by harmful substances.


title: RCW 69.04.420

text:
If a drug or device purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium, it shall be deemed to be adulterated. Such determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or prescribed by regulations promulgated under section 501(b) of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this section because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States and not to those of the United States pharmacopoeia.
[ 1945 c 257 s 60; Rem. Supp. 1945 s 6163-109.]

catchline: Drugs—Adulteration for failure to comply with compendium standard.


title: RCW 69.04.430

text:
If a drug or device is not subject to the provisions of RCW 69.04.420 and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess, it shall be deemed to be adulterated.
[ 1945 c 257 s 61; Rem. Supp. 1945 s 6163-110.]

catchline: Drugs—Adulteration for lack of represented purity or quality.


title: RCW 69.04.440

text:
A drug shall be deemed to be adulterated if any substance has been (1) mixed or packed therewith so as to reduce its quality or strength or (2) substituted wholly or in part therefor.
[ 1945 c 257 s 62; Rem. Supp. 1945 s 6163-111.]

catchline: Drugs—Adulteration by admixture or substitution of ingredients.


title: RCW 69.04.450

text:
A drug or device shall be deemed to be misbranded if its labeling is false or misleading in any particular.
[ 1945 c 257 s 63; Rem. Supp. 1945 s 6163-112. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding by false labeling.


title: RCW 69.04.460

text:
If a drug or device is in package form, it shall be deemed to be misbranded unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: PROVIDED, That under clause (2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations promulgated by the director.
[ 1945 c 257 s 64; Rem. Supp. 1945 s 6163-113. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Packaged drugs—Misbranding.


title: RCW 69.04.470

text:
A drug or device shall be deemed to be misbranded if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
[ 1945 c 257 s 65; Rem. Supp. 1945 s 6163-114. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding by lack of prominent label.


title: RCW 69.04.480

text:
A drug or device shall be deemed to be misbranded if it is for use by human beings and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, beta eucaine, bromal, cannabis, as that term is defined in RCW 69.50.101, carbromal, chloral, coca, cocaine, codeine, heroin, morphine, opium, paraldehyde, peyote, or sulphomethane; or any chemical derivative of such substance, which derivative has been designated as habit-forming by regulations promulgated under section 502(d) of the federal act; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning—May be habit-forming."
[ 2022 c 16 s 47; 2009 c 549 s 1023; 1945 c 257 s 66; Rem. Supp. 1945 s 6163-115. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Drugs—Misbranding for failure to state content of habit-forming drug.


title: RCW 69.04.490

text:
If a drug is not designated solely by a name recognized in an official compendium it shall be deemed to be misbranded unless its label bears (1) the common or usual name of the drug, if such there be; and (2), in case it is fabricated from two or more ingredients, the common or usual name of each active ingredient, including the quantity, kind, and proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamime, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein: PROVIDED, That to the extent that compliance with the requirements of clause (2) of this section is impracticable, exemptions shall be established by regulations promulgated by the director.
[ 1945 c 257 s 67; Rem. Supp. 1945 s 6163-116. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding by failure to show usual name and ingredients.


title: RCW 69.04.500

text:
A drug or device shall be deemed to be misbranded unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users: PROVIDED, That where any requirement of clause (1) of this section as applied to any drug or device, is not necessary for the protection of the public health, the director shall promulgate regulations exempting such drug or device from such requirements. Such regulations shall include the exemptions prescribed under section 502(f)(1) of the federal act, insofar as such exemptions are applicable hereunder.
[ 1945 c 257 s 68; Rem. Supp. 1945 s 6163-117. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding by failure to give directions for use and warnings.


title: RCW 69.04.510

text:
A drug or device shall be deemed to be misbranded if it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: PROVIDED, That the method of packing may be modified with the consent of the director, as permitted under section 502(g) of the federal act. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States, and not to those of the United States pharmacopoeia.
[ 1945 c 257 s 69; Rem. Supp. 1945 s 6163-118. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding for improper packaging and labeling.


title: RCW 69.04.520

text:
If a drug or device has been found by the secretary of agriculture of the United States to be a drug liable to deterioration, it shall be deemed to be misbranded unless it is packaged in such form and manner, and its label bears a statement of such precautions, as required in an official compendium or by regulations promulgated under section 502(h) of the federal act for the protection of the public health.
[ 1945 c 257 s 70; Rem. Supp. 1945 s 6163-119. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding for failure to show possibility of deterioration.


title: RCW 69.04.530

text:
A drug shall be deemed to be misbranded if (1) its container is so made, formed, or filled as to be misleading; or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug; or (4) if it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.
[ 1945 c 257 s 71; Rem. Supp. 1945 s 6163-120. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding by misleading representation.


title: RCW 69.04.540

text:
A drug or device shall be deemed to be misbranded if it is a drug which by label provides, or which the federal act or any applicable law requires by label to provide, in effect, that it shall be used only upon the prescription of a physician, dentist, or veterinarian, unless it is dispensed at retail on a written prescription signed by a physician, dentist, or veterinarian, who is licensed by law to administer such a drug.
[ 1945 c 257 s 72; Rem. Supp. 1945 s 6163-121. Prior: 1923 c 36 s 2; 1907 c 211 s 4.]

catchline: Drugs—Misbranding by sale without prescription of drug requiring it.


title: RCW 69.04.550

text:
A drug or device which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling and packaging requirements of this chapter, while it is in transit in intrastate commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all the applicable provisions of this chapter.
[ 1945 c 257 s 73; Rem. Supp. 1945 s 6163-122.]

catchline: Drugs exempt if in transit for completion purposes.


title: RCW 69.04.560

text:
A drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such drug, and (2) such drug bears a label containing the name and place of business of the dispenser, the serial number and date of such prescription, and the name of such physician, dentist, or veterinarian, be exempt from the requirements of RCW 69.04.450 through 69.04.540.
[ 1945 c 257 s 74; Rem. Supp. 1945 s 6163-123.]

catchline: Dispensing of certain drugs exempt.


title: RCW 69.04.565

text:
Notwithstanding any other provision of state law, DMSO (dimethyl sulfoxide) may be introduced into intrastate commerce as long as (1) it is manufactured or distributed by persons licensed pursuant to chapter 18.64 RCW or chapter 18.92 RCW, and (2) it is used, or intended to be used, in the treatment of human beings or animals for any ailment or adverse condition: PROVIDED, That DMSO intended for topical application, consistent with rules governing purity and labeling promulgated by the pharmacy quality assurance commission, shall not be considered a legend drug and may be sold by any retailer.
[ 2013 c 19 s 50; 1981 c 50 s 1.]
Notes:
DMSO use by health facilities, physicians: RCW 70.54.190.

catchline: DMSO (dimethyl sulfoxide) authorized.


title: RCW 69.04.570

text:
Except as permitted by chapter 69.77 RCW, no person shall introduce or deliver for introduction into intrastate commerce any new drug which is subject to section 505 of the federal act unless an application with respect to such drug has become effective thereunder. No person shall introduce or deliver for introduction into intrastate commerce any new drug which is not subject to section 505 of the federal act, unless (1) it has been found, by appropriate tests, that such drug is not unsafe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; and (2) an application has been filed under this section of this chapter with respect to such drug: PROVIDED, That the requirement of subsection (2) of this section shall not apply to any drug introduced into intrastate commerce at any time prior to the enactment of this chapter or introduced into interstate commerce at any time prior to the enactment of the federal act: PROVIDED FURTHER, That if the director finds that the requirement of subsection (2) of this section as applied to any drug or class of drugs, is not necessary for the protection of the public health, he or she shall promulgate regulations of exemption accordingly.
[ 2017 c 212 s 10; 2012 c 117 s 338; 1945 c 257 s 75; Rem. Supp. 1945 s 6163-124.]

catchline: Introduction of new drug.


title: RCW 69.04.580

text:
An application under RCW 69.04.570 shall be filed with the director, and subject to any waiver by the director, shall include (1) full reports of investigations which have been made to show whether or not the drug, subject to the application, is safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; (2) a full list of the articles used as components of such drug; (3) a full statement of the composition of such drug; (4) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (5) such samples of such drug and of the articles used as components thereof as the director may require; and (6) specimens of the labeling proposed to be used for such drug.
[ 1945 c 257 s 76; Rem. Supp. 1945 s 6163-125.]

catchline: Application for introduction.


title: RCW 69.04.590

text:
An application filed under RCW 69.04.570 shall become effective on the sixtieth day after the filing thereof, unless the director (1) makes such application effective prior to such day; or (2) issues an order with respect to such application pursuant to RCW 69.04.600.
[ 1945 c 257 s 77; Rem. Supp. 1945 s 6163-126.]

catchline: Effective date of application.


title: RCW 69.04.600

text:
If the director finds, upon the basis of the information before him or her and after due notice and opportunity for hearing to the applicant, that the drug, subject to the application, is not safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof, he or she shall, prior to such effective date, issue an order refusing to permit such application to become effective and stating the findings upon which it is based.
[ 2012 c 117 s 339; 1945 c 257 s 78; Rem. Supp. 1945 s 6163-127.]

catchline: Denial of application.


title: RCW 69.04.610

text:
An order refusing to permit an application under RCW 69.04.570 to become effective may be suspended or revoked by the director, for cause and by order stating the findings upon which it is based.
[ 1945 c 257 s 79; Rem. Supp. 1945 s 6163-128.]

catchline: Revocation of denial.


title: RCW 69.04.620

text:
Orders of the director issued under RCW 69.04.600 shall be served (1) in person by a duly authorized representative of the director or (2) by mailing the order by registered mail addressed to the applicant or respondent at his or her address last known to the director.
[ 2012 c 117 s 340; 1945 c 257 s 80; Rem. Supp. 1945 s 6163-129.]

catchline: Service of order of denial.


title: RCW 69.04.630

text:
A drug shall be exempt from the operation of RCW 69.04.570 which is intended, and introduced or delivered for introduction into intrastate commerce, solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs and which is plainly labeled "For investigational use only."
[ 1945 c 257 s 81; Rem. Supp. 1945 s 6163-130.]

catchline: Drug for investigational use exempt.


title: RCW 69.04.640

text:
The superior court of Thurston county shall have jurisdiction to review and to affirm, modify, or set aside any order issued under RCW 69.04.600, upon petition seasonably made by the person to whom the order is addressed and after prompt hearing upon due notice to both parties.
[ 1945 c 257 s 82; Rem. Supp. 1945 s 6163-131.]

catchline: Court review of denial.


title: RCW 69.04.650

text:
A drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such drug, and (2) such drug bears a label containing the name and place of business of the dispenser, the serial number and date of such prescription, and the name of such physician, dentist, or veterinarian, be exempt from the operation of RCW 69.04.570 through 69.04.640.
[ 1945 c 257 s 83; Rem. Supp. 1945 s 6163-132.]


title: RCW 69.04.660

text:
The provisions of RCW 69.04.570 shall not apply to any drug which is licensed under the federal virus, serum, and toxin act of July 1, 1902; or under the federal virus, serums, toxins, antitoxins, and analogous products act of March 4, 1913.
[ 1945 c 257 s 84; Rem. Supp. 1945 s 6163-133.]

catchline: Federally licensed drugs exempt.


title: RCW 69.04.670

text:
A cosmetic shall be deemed to be adulterated (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under such conditions of use as are customary or usual: PROVIDED, That this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution—This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness.", and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (5) the term "hair dye" shall not include eyelash dyes or eyebrow dyes; or (2) if it consists in whole or in part of any filthy, putrid, or decomposed substance; or (3) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or (4) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (5) if it is not a hair dye and it bears or contains a coal tar color other than one that is harmless and suitable for use in cosmetics, as provided by regulations promulgated under section 604 of the federal act.
[ 1945 c 257 s 85; Rem. Supp. 1945 s 6163-134.]

catchline: Cosmetics—Adulteration by injurious substances.


title: RCW 69.04.680

text:
A cosmetic shall be deemed to be misbranded (1) if its labeling is false or misleading in any particular; or (2) if in package form, unless it bears a label containing (a) the name and place of business of the manufacturer, packer, or distributor; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: PROVIDED, That under clause (b) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the director.
[ 1945 c 257 s 86; Rem. Supp. 1945 s 6163-135.]

catchline: Cosmetics—Misbranding by false label, etc.


title: RCW 69.04.690

text:
A cosmetic shall be deemed to be misbranded (1) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or (2) if its container is so made, formed, or filled as to be misleading.
[ 1945 c 257 s 87; Rem. Supp. 1945 s 6163-136.]

catchline: Cosmetics—Misbranding by lack of prominent label.


title: RCW 69.04.700

text:
A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling requirements of this chapter, while it is in transit in intrastate commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all the applicable provisions of this chapter.
[ 1945 c 257 s 88; Rem. Supp. 1945 s 6163-137.]

catchline: Cosmetics exempt if in transit for completion purposes.


title: RCW 69.04.710

text:
An advertisement of a drug, device, or cosmetic shall be deemed to be false, if it is false or misleading in any particular.
[ 2018 c 236 s 602; 1945 c 257 s 89; Rem. Supp. 1945 s 6163-138.]

catchline: Advertisement, when deemed false.