title: RCW 69.04.720

text:
The advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, *venereal disease, shall also be deemed to be false; except that no advertisement not in violation of RCW 69.04.710 shall be deemed to be false under this section if it is disseminated only to members of the medical, veterinary, dental, pharmacal, and other legally recognized professions dealing with the healing arts, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices: PROVIDED, That whenever the director determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the director shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the director may deem necessary in the interest of public health: PROVIDED FURTHER, That this section shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
[ 1945 c 257 s 90; Rem. Supp. 1945 s 6163-139.]
Notes:
*Reviser's note: The term "venereal disease" was changed to "sexually transmitted disease" by 1988 c 206.

catchline: Advertising of cure of certain diseases deemed false.


doc_type: statute

jurisdiction: wa

title: RCW 69.04.730

text:
The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the director: PROVIDED, HOWEVER, That the director shall designate the pharmacy quality assurance commission to carry out all the provisions of this chapter pertaining to drugs and cosmetics, with authority to promulgate regulations for the efficient enforcement thereof.
[ 2013 c 19 s 51; 1947 c 25 s 91 (passed notwithstanding veto); 1945 c 257 s 91 (vetoed); Rem. Supp. 1947 s 6163-139a.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Enforcement, where vested—Regulations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.04.740

text:
The purpose of this chapter being to promote uniformity of state legislation with the federal act, the director is hereby authorized (1) to adopt, insofar as applicable, the regulations from time to time promulgated under the federal act; and (2) to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act.
[ 1945 c 257 s 92; Rem. Supp. 1945 s 6163-140.]

catchline: Regulations to conform with federal regulations.


title: RCW 69.04.750

text:
Hearings authorized or required by this chapter shall be conducted by the director or his or her duly authorized representative designated for the purpose.
[ 2012 c 117 s 341; 1945 c 257 s 93; Rem. Supp. 1945 s 6163-141.]

catchline: Hearings.


title: RCW 69.04.761

text:
The director shall hold a public hearing upon a proposal to promulgate any new or amended regulation under this chapter. The procedure to be followed concerning such hearings shall comply in all respects with chapter 34.05 RCW (Administrative Procedure Act) as now enacted or hereafter amended.
[ 1963 c 198 s 13.]

catchline: Hearing on proposed regulation—Procedure.


title: RCW 69.04.770

text:
The director shall have jurisdiction to review and to affirm, modify, or set aside any order issued under *RCW 69.04.760, promulgating a new or amended regulation under this chapter, upon petition made at any time prior to the effective date of such regulation, by any person adversely affected by such order.
[ 1945 c 257 s 95; Rem. Supp. 1945 s 6163-143.]
Notes:
*Reviser's note: RCW 69.04.760 was repealed by 1963 c 198 s 15. Later enactment, see RCW 69.04.761.

catchline: Review on petition prior to effective date.


title: RCW 69.04.780

text:
The director shall cause the investigation and examination of food, drugs, devices, and cosmetics subject to this chapter. The director shall have the right (1) to take a sample or specimen of any such article, for examination under this chapter, upon tendering the market price therefor to the person having such article in custody; and (2) to enter any place or establishment within this state, at reasonable times, for the purpose of taking a sample or specimen of any such article, for such examination.
The director and the director's deputies, assistants, and inspectors are authorized to do all acts and things necessary to carry out the provisions of this chapter, including the taking of verified statements. Such department personnel are empowered to administer oaths of verification on the statements.
[ 1991 c 162 s 6; 1945 c 257 s 96; Rem. Supp. 1945 s 6163-144.]

catchline: Investigations—Samples—Right of entry—Verified statements.


title: RCW 69.04.790

text:
Where a sample or specimen of any such article is taken for examination under this chapter, the director shall, upon request, provide a part thereof for examination by any person named on the label of such article, or the owner thereof, or his or her attorney or agent; except that the director is authorized, by regulation, to make such reasonable exceptions from, and to impose such reasonable terms and conditions relating to, the operation of this section as he or she finds necessary for the proper administration of the provisions of this chapter.
[ 2012 c 117 s 342; 1945 c 257 s 97; Rem. Supp. 1945 s 6163-145.]

catchline: Owner may obtain part of sample.


title: RCW 69.04.800

text:
For the purpose of enforcing the provisions of this chapter, pertinent records of any administrative agency of the state government shall be open to inspection by the director.
[ 1945 c 257 s 98; Rem. Supp. 1945 s 6163-146.]

catchline: Access to records of other agencies.


title: RCW 69.04.810

text:
For the purpose of enforcing the provisions of this chapter, carriers engaged in intrastate commerce, and persons receiving drugs, devices, or cosmetics in intrastate commerce or holding such articles so received, shall, upon the request of the director, permit the director at reasonable times, to have access to and to copy all records showing the movement in intrastate commerce of any drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or person to fail to permit such access to and the copying of any such records so requested when such request is accompanied by a statement in writing specifying the nature or kind of drug, device, or cosmetic to which such request relates: PROVIDED, That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained: PROVIDED FURTHER, That carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of drugs, devices, or cosmetics in the usual course of business as carriers.
[ 2018 c 236 s 603; 1990 c 202 s 9; 1945 c 257 s 99; Rem. Supp. 1945 s 6163-147.]

catchline: Access to records of intrastate carriers.


title: RCW 69.04.820

text:
For the purpose of enforcing the provisions of this chapter, the director is authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment subject to this chapter, or to enter any vehicle being used to transport or hold drugs, devices, or cosmetics in intrastate commerce; and (2) to inspect, at reasonable times, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements therein.
[ 2018 c 236 s 604; 1945 c 257 s 100; Rem. Supp. 1945 s 6163-148.]

catchline: Right of entry to factories, warehouses, vehicles, etc.


title: RCW 69.04.830

text:
The director may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.
[ 1945 c 257 s 101; Rem. Supp. 1945 s 6163-149.]

catchline: Publication of reports of judgments, orders and decrees.


title: RCW 69.04.840

text:
The director may cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the director, imminent danger to health or gross deception of, or fraud upon, the consumer. Nothing in this section shall be construed to prohibit the director from collecting, reporting, and illustrating the results of his or her examinations and investigations under this chapter.
[ 2012 c 117 s 343; 1945 c 257 s 102; Rem. Supp. 1945 s 6163-150.]

catchline: Dissemination of information.


title: RCW 69.04.850

text:
This chapter and the rules adopted hereunder shall be so interpreted and construed as to effectuate its general purpose to secure uniformity with federal acts and regulations relating to adulterating, misbranding and false advertising of drugs, devices, and cosmetics.
[ 2018 c 236 s 605; 1945 c 257 s 104; Rem. Supp. 1945 s 6163-152.]

catchline: Construction—1945 c 257.


title: RCW 69.04.860

text:
This chapter shall take effect ninety days after the date of its enactment, and all state laws or parts of laws in conflict with this chapter are then repealed: PROVIDED, That the provisions of section 91 shall become effective on the enactment of this chapter, and thereafter the director is hereby authorized to conduct hearings and to promulgate regulations which shall become effective on or after the effective date of this chapter as the director shall direct: PROVIDED FURTHER, That all other provisions of this chapter to the extent that they may relate to the enforcement of such sections, shall take effect on the date of the enactment of this chapter.
[ 1945 c 257 s 105; Rem. Supp. 1945 s 6163-153.]
Notes:
Reviser's note: 1945 c 257 s 91 referred to herein was vetoed by the governor but was subsequently reenacted as 1947 c 25 notwithstanding the veto. Section 91 is codified as RCW 69.04.730. For effective date of section 91 see preface 1947 session laws.

catchline: Effective date of chapter—1945 c 257.


title: RCW 69.04.880

text:
Whenever the director finds that a person has committed a violation of a provision of this chapter, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each and every such violation shall be a separate and distinct offense. Imposition of the civil penalty shall be subject to a hearing in conformance with chapter 34.05 RCW.
[ 1991 c 162 s 2.]

catchline: Civil penalty.


title: RCW 69.05.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Cosmetic" means articles intended:
(i) 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; or
(ii) For use as a component of any articles under (a)(i) of this subsection.
(b) "Cosmetic" does not include soap.
(2) "Cosmetic animal testing" means the internal or external application or exposure of any cosmetic product, or any cosmetic ingredient or nonfunctional constituent, to the skin, eyes, or any other body part of a live, nonhuman vertebrate.
(3) "Cosmetic ingredient" means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product, as defined in 21 C.F.R. Sec. 700.3(e) on January 1, 2025.
(4) "Cosmetic product" means a finished cosmetic, the manufacture of which has been completed.
(5) "Manufacture" has the same meaning as "to manufacture" in RCW 82.04.120.
(6) "Manufacturer" means any entity required to specify conspicuously its name and place of business on the label of a cosmetic in package form under 21 C.F.R. Sec. 701.12 on January 1, 2025.
(7) "Nonfunctional constituent" means any incidental ingredient as defined in 21 C.F.R. Sec. 701.3(1) on January 1, 2025.
(8) "Supplier" means any entity that provides, whether directly or through a third party, any cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product.
[ 2024 c 107 s 1.]

catchline: Definitions.


title: RCW 69.05.020

text:
Beginning January 1, 2025, it is unlawful for a manufacturer to sell or offer for sale in this state a cosmetic if the cosmetic was developed or manufactured using cosmetic animal testing that was conducted or contracted for by the manufacturer or any supplier of the manufacturer.
[ 2024 c 107 s 2.]

catchline: Sales of cosmetics tested on animals—Prohibited.


title: RCW 69.05.030

text:
RCW 69.05.020 does not apply with respect to cosmetic animal testing:
(1) Conducted outside of the United States in order to comply with a requirement of a foreign regulatory authority if no evidence derived from the testing was relied upon to substantiate the safety of the cosmetic ingredient or cosmetic product being sold by the manufacturer in Washington;
(2) Conducted for any cosmetic or cosmetic ingredient subject to regulation under 21 U.S.C. Sec. 351 et seq., of the federal food, drug, and cosmetic act;
(3) Conducted for a cosmetic ingredient intended to be used in a product that is not a cosmetic product and is conducted under a requirement of a federal, state, or foreign regulatory authority if no evidence derived from the testing was relied upon to substantiate the safety of a cosmetic sold in Washington by a cosmetics manufacturer, unless all of the following apply:
(a) There is documented evidence of the noncosmetic intent of the test; and
(b) There is a history of use of the ingredient outside of cosmetics at least 12 months before the reliance; or
(4) Requested, required, or conducted by a federal or state regulatory authority and each of the following apply:
(a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the organization for economic cooperation and development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent;
(b) The cosmetic ingredient or nonfunctional constituent poses a risk of causing a specific human health problem that is substantiated and the need to conduct cosmetic animal testing is justified and supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetics ingredient or nonfunctional constituent; and
(c) That the cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function.
[ 2024 c 107 s 3.]

catchline: Sales of cosmetics tested on animals—Exception to prohibition.


title: RCW 69.05.040

text:
RCW 69.05.020 does not apply to:
(1) A cosmetic if the cosmetic in its final form was tested on animals before January 1, 2025, even if the cosmetic is manufactured on or after January 1, 2025, if no new animal testing in violation of this chapter occurs after January 1, 2025, by or on behalf of the manufacturer;
(2) An ingredient in a cosmetic if the ingredient was tested on animals before January 1, 2025, even if the ingredient is manufactured on or after January 1, 2025, if no new animal testing in violation of this chapter occurs after January 1, 2025, by or on behalf of the manufacturer; or
(3) A cosmetic manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal test.
[ 2024 c 107 s 4.]

catchline: Sales of cosmetics tested on animals—Prohibition application.


title: RCW 69.05.050

text:
No county or political subdivision of the state may establish or continue any prohibition on or relating to cosmetic animal testing that is not identical to the prohibitions set forth in this chapter.
[ 2024 c 107 s 5.]

catchline: Preemption.


title: RCW 69.05.060

text:
A manufacturer that sells or offers for sale a cosmetic in violation of this chapter commits a civil violation punishable by a fine of not more than $5,000 for each violation.
[ 2024 c 107 s 6.]

catchline: Penalty.


title: RCW 69.05.900

text:
This chapter may be known and cited as the cruelty free cosmetics act.
[ 2024 c 107 s 7.]

catchline: Short title.


title: RCW 69.05.901

text:
This act takes effect January 1, 2025.
[ 2024 c 107 s 9.]

catchline: Effective date—2024 c 107.


title: RCW 69.06.010

text:
It shall be unlawful for any person to be employed in the handling of unwrapped or unpackaged food unless he or she shall furnish and place on file with the person in charge of such establishment, a food and beverage service worker's permit, as prescribed by the state board of health. Such permit shall be kept on file by the employer or kept by the employee on his or her person and open for inspection at all reasonable hours by authorized public health officials. Such permit shall be returned to the employee upon termination of employment. Initial permits, including limited duty permits, shall be valid for two years from the date of issuance. Subsequent renewal permits shall be valid for three years from the date of issuance, except an employee may be granted a renewal permit that is valid for five years from the date of issuance if the employee demonstrates that he or she has obtained additional food safety training prior to renewal of the permit. Rules establishing minimum training requirements must be adopted by the state board of health and developed by the department of health in conjunction with local health jurisdictions and representatives of the food service industry.
[ 1998 c 136 s 1; 1987 c 223 s 5; 1957 c 197 s 1.]
Notes:
Effective date—1998 c 136 s 1: "Section 1 of this act takes effect July 1, 1999." [ 1998 c 136 s 6.]

catchline: Food and beverage service worker's permit—Filing, duration—Minimum training requirements.


title: RCW 69.06.020

text:
The permit provided in RCW 69.06.010 or 69.06.070 shall be valid in every city, town and county in the state, for the period for which it is issued, and no other health certificate shall be required of such employees by any municipal corporation or political subdivision of the state. The cost of the permit shall be uniform throughout the state and shall be in that amount set by the state board of health. The cost of the permit shall reflect actual costs of food worker training and education, administration of the program, and testing of applicants. The state board of health shall periodically review the costs associated with the permit program and adjust the fee accordingly. The board shall also ensure that the fee is not set at an amount that would prohibit low-income persons from obtaining permits.
[ 1998 c 136 s 3; 1987 c 223 s 6; 1957 c 197 s 2.]

catchline: Permit exclusive and valid throughout state—Fee.


title: RCW 69.06.030

text:
It shall be unlawful for any person afflicted with any contagious or infectious disease that may be transmitted by food or beverage to work in or about any place where unwrapped or unpackaged food and/or beverage products are prepared or sold, or offered for sale for human consumption and it shall be unlawful for any person knowingly to employ a person so afflicted. Nothing in this section eliminates any authority or requirement to control or suppress communicable diseases pursuant to chapter 70.05 RCW and *RCW 43.20.050(2)(e).
[ 1998 c 136 s 4; 1957 c 197 s 3.]
Notes:
*Reviser's note: RCW 43.20.050 was amended by 2009 c 495 s 1, changing subsection (2)(e) to subsection (2)(f).

catchline: Diseased persons—May not work—Employer may not hire.


title: RCW 69.06.040

text:
This chapter shall apply to any retail establishment engaged in the business of food handling or food service.
[ 1987 c 223 s 7; 1957 c 197 s 4.]

catchline: Application of chapter to retail food establishments.


title: RCW 69.06.045

text:
As used in this section, "temporary food service establishment" means a food service establishment operating at a fixed location for a period of time of not more than twenty-one consecutive days in conjunction with a single event or celebration. This chapter applies to temporary food service establishments with the following exceptions:
(1) Only the operator or person in charge of a temporary food service establishment shall be required to secure a food and beverage service workers' permit; and
(2) The operator or person in charge of a temporary food service establishment shall secure a valid food and beverage service workers' permit before commencing the food handling operation.
[ 1987 c 223 s 8.]

catchline: Application of chapter to temporary food service establishments.


title: RCW 69.06.050

text:
Individuals under this chapter must obtain a food and beverage service workers' permit within fourteen days from commencement of employment. Individuals under this chapter may work for up to fourteen calendar days without a food and beverage service workers' permit, provided that they receive information or training regarding safe food handling practices from the employer prior to commencement of employment. Documentation that the information or training has been provided to the individual must be kept on file by the employer.
[ 1998 c 136 s 5; 1957 c 197 s 5.]

catchline: Permit to be secured within fourteen days from time of employment.


title: RCW 69.06.060

text:
Any violation of the provisions of this chapter shall be a misdemeanor.
[ 1957 c 197 s 6.]


title: RCW 69.06.070

text:
The local health officer may issue a limited duty permit when necessary to reasonably accommodate a person with a disability. The limited duty permit must specify the activities that the permit holder may perform, and must include only activities having low public health risk.
[ 1998 c 136 s 2.]

catchline: Limited duty permit.


title: RCW 69.06.080

text:
Except for the food safety training standards adopted by the state board of health under RCW 69.06.010, the provisions of this chapter do not apply to persons who work in adult family homes and successfully complete training and continuing education as required by RCW 70.128.250.
[ 2005 c 505 s 7.]

catchline: Chapter not applicable to persons who meet requirements of RCW 70.128.250.


title: RCW 69.07.005

text:
The processing of food intended for public consumption is important and vital to the health and welfare both immediate and future and is hereby declared to be a business affected with the public interest. The provisions of this chapter [1991 c 137] are enacted to safeguard the consuming public from unsafe, adulterated, or misbranded food by requiring licensing of all food processing plants as defined in this chapter and setting forth the requirements for such licensing.
[ 1991 c 137 s 1.]

catchline: Legislative declaration.


title: RCW 69.07.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the state liquor and cannabis board.
(2) "Cannabis" has the definition in RCW 69.50.101.
(3) "Cannabis-infused edible" has the same meaning as "cannabis-infused products" as defined in RCW 69.50.101, but limited to products intended for oral consumption.
(4) "Cannabis-infused edible processing" means processing, packaging, or making cannabis-infused edibles using cannabis, cannabis extract, or cannabis concentrates as an ingredient. The term does not include preparation of cannabis as an ingredient including, but not limited to, processing cannabis extracts or cannabis concentrates.
(5) "Cannabis processor" has the definition in RCW 69.50.101.
(6) "Department" means the department of agriculture of the state of Washington.
(7) "Director" means the director of the department.
(8) "Food" means any substance used for food or drink by any person, including ice, bottled water, and any ingredient used for components of any such substance regardless of the quantity of such component.
(9) "Food processing" means the handling or processing of any food in any manner in preparation for sale for human consumption: PROVIDED, That it shall not include fresh fruit or vegetables merely washed or trimmed while being prepared or packaged for sale in their natural state.
(10) "Food processing plant" includes but is not limited to any premises, plant, establishment, building, room, area, facilities and the appurtenances thereto, in whole or in part, where food is prepared, handled or processed in any manner for distribution or sale for resale by retail outlets, restaurants, and any such other facility selling or distributing to the ultimate consumer: PROVIDED, That, as set forth herein, establishments processing foods in any manner for resale shall be considered a food processing plant as to such processing.
(11) "Food service establishment" shall mean any fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night club, roadside stand, industrial-feeding establishment, retail grocery, retail food market, retail meat market, retail bakery, private, public, or nonprofit organization routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
For the purpose of this chapter any custom cannery or processing plant where raw food products, food, or food products are processed for the owner thereof, or the food processing facilities are made available to the owners or persons in control of raw food products or food or food products for processing in any manner, shall be considered to be food processing plants.
(12) "Hemp extract" means a substance or compound intended for human ingestion that is derived from, or made by, processing hemp. The term does not include hemp seeds or hemp seed-derived ingredients that are generally recognized as safe by the United States food and drug administration.
(13) "Hemp extract certification" means a certification issued by the department to a hemp processor manufacturing hemp extract for export to other states, which certifies the hemp processor's compliance with Washington state's inspection and sanitation requirements.
(14) "Hemp processor" has same meaning as defined in RCW 15.140.020.
(15) "Person" means an individual, partnership, corporation, or association.
(16) "Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.
[ 2022 c 16 s 48; 2021 c 104 s 5. Prior: 2017 c 138 s 1; 1992 c 34 s 3; 1991 c 137 s 2; 1967 ex.s. c 121 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2021 c 104: See note following RCW 15.140.020.
Severability—1992 c 34: See note following RCW 69.07.170.

catchline: Definitions.


title: RCW 69.07.020

text:
(1) The department shall enforce and carry out the provisions of this chapter, and may adopt the necessary rules to carry out its purposes.
(2) Such rules may include:
(a) Standards for temperature controls in the storage of foods, so as to provide proper refrigeration.
(b) Standards for temperatures at which low acid foods must be processed and the length of time such temperatures must be applied and at what pressure in the processing of such low acid foods.
(c) Standards and types of recording devices that must be used in providing records of the processing of low acid foods, and how they shall be made available to the department of agriculture for inspection.
(d) Requirements for the keeping of records of the temperatures, times and pressures at which foods were processed, or for the temperatures at which refrigerated products were stored by the licensee and the furnishing of such records to the department.
(e) Standards that must be used to establish the temperature and purity of water used in the processing of foods.
(3) The department may adopt rules specific to cannabis-infused edibles. Such rules must be written and interpreted to be consistent with rules adopted by the board and the department of health.
(4) The department may adopt rules specific to hemp extract certification to implement RCW 69.07.220.
[ 2022 c 16 s 49; 2021 c 104 s 7; 2017 c 138 s 2; 1969 c 68 s 1; 1967 ex.s. c 121 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2021 c 104: See note following RCW 15.140.020.


title: RCW 69.07.040

text:
(1) It is unlawful for any person to operate a food processing plant or process foods in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by the license fee. The license fee is determined by computing the gross annual sales for the accounting year immediately preceding the license year. If the license is for a new operator, the license fee shall be based on an estimated gross annual sales for the initial license period.
If gross annual sales are:
The license fee is:
$0 to $50,000
$ 92.00
$50,001 to $500,000
$ 147.00
$500,001 to $1,000,000
$ 262.00
$1,000,001 to $5,000,000
$ 427.00
$5,000,001 to $10,000,000
$ 585.00
Greater than $10,000,000
$ 862.00
(2) Applications under this section must include:
(a) The full name of the applicant for the license and the location of the food processing plant he or she intends to operate, and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation;
(b) The principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant; and
(c) The type of food to be processed and the method or nature of processing operation or preservation of that food and any other necessary information.
(3) Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted by the department, the applicant shall be issued a license or renewal.
(4) Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. Wherever a license holder wishes to engage in processing a type of food product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities or has a high potential for harm, the licensee must submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of food product only after the amendment has been approved by the department.
(5) If upon investigation by the director, it is determined that a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then that person may be considered a food processor and subject to the provisions of this chapter.
(6) The director may waive the licensure requirements of this chapter for a person's operations at a facility if the person has obtained a milk processing plant license under chapter 15.36 RCW to conduct the same or a similar operation at the facility.
[ 2015 3rd sp.s. c 27 s 7; 1995 c 374 s 21. Prior: 1993 sp.s. c 19 s 11; 1993 c 212 s 2; 1992 c 160 s 3; 1991 c 137 s 3; 1988 c 5 s 1; 1969 c 68 s 2; 1967 ex.s. c 121 s 4.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Food processing license—Waiver if licensed under chapter 15.36 RCW—Expiration date—Application, contents—Fee.


title: RCW 69.07.050

text:
If the application for renewal of any license provided for under this chapter is not filed prior to the expiration date as established by rule by the director, an additional fee of ten percent of the cost of the license shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such additional fee shall not be charged if the applicant furnishes an affidavit certifying that he or she has not operated a food processing plant or processed foods subsequent to the expiration of his or her license.
[ 1992 c 160 s 4; 1991 c 137 s 4; 1988 c 5 s 2; 1967 ex.s. c 121 s 5.]

catchline: Renewal of license—Additional fee, when.


title: RCW 69.07.060

text:
The director may, subsequent to a hearing thereon, deny, suspend, or revoke any license provided for in this chapter if he or she determines that an applicant has committed any of the following acts:
(1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules and regulations adopted hereunder, or any lawful order of the director.
(2) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make such records available when requested pursuant to the provisions of this chapter.
(3) Refused the department access to any portion or area of the food processing plant for the purpose of carrying out the provisions of this chapter.
(4) Refused the department access to any records required to be kept under the provisions of this chapter.
(5) Refused, neglected, or failed to comply with any provisions of the food safety and security act under chapter 15.130 RCW, or any rules adopted thereunder.
The provisions of this section requiring that a hearing be conducted before an action may be taken against a license do not apply to an action taken under RCW 69.07.065.
[ 2018 c 236 s 712; 2012 c 117 s 345; 1991 c 137 s 5; 1979 c 154 s 19; 1967 ex.s. c 121 s 6.]
Notes:
Severability—1979 c 154: See note following RCW 15.49.330.

catchline: Denial, suspension, or revocation of license—Grounds.


title: RCW 69.07.065

text:
(1) Whenever the director finds an establishment operating under conditions that constitute an immediate danger to public health or whenever the licensee or any employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determining whether such a condition exists, the director may summarily suspend, pending a hearing, a license provided for in this chapter.
(2) Whenever a license is summarily suspended, the holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended and that prompt opportunity for a hearing will be provided.
(3) Whenever a license is summarily suspended, food processing operations shall immediately cease. However, the director may reinstate the license when the condition that caused the suspension has been abated to the director's satisfaction.
[ 1991 c 137 s 6.]

catchline: Suspension of license summarily—Reinstatement.


title: RCW 69.07.070

text:
The adoption of any rules and regulations under the provisions of this chapter, or the holding of a hearing in regard to a license issued or which may be issued under the provisions of this chapter shall be subject to the applicable provisions of chapter 34.05 RCW, the Administrative Procedure Act, as enacted or hereafter amended.
[ 1967 ex.s. c 121 s 7.]

catchline: Rules and regulations, hearings subject to Administrative Procedure Act.


title: RCW 69.07.080

text:
For purpose of determining whether the rules adopted pursuant to RCW 69.07.020, as now or hereafter amended are complied with, the department shall have access for inspection purposes to any part, portion or area of a food processing plant, and any records required to be kept under the provisions of this chapter or rules and regulations adopted hereunder. Such inspection shall, when possible, be made during regular business hours or during any working shift of said food processing plant. The department may, however, inspect such food processing plant at any time when it has received information that an emergency affecting the public health has arisen and such food processing plant is or may be involved in the matters causing such emergency.
[ 1969 c 68 s 3; 1967 ex.s. c 121 s 8.]

catchline: Inspections by department—Access—When.


title: RCW 69.07.085

text:
The department may issue sanitary certificates to food processors under this chapter subject to such requirements as it may establish by rule. The fee for issuance shall be seventy-five dollars per certificate. Fees collected under this section shall be deposited in the agricultural local fund.
[ 2015 3rd sp.s. c 27 s 8; 1995 c 374 s 23; 1988 c 254 s 9.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Sanitary certificates—Fee.


title: RCW 69.07.095

text:
The director or the director's deputies, assistants, and inspectors are authorized to do all acts and things necessary to carry out the provisions of this chapter, including the taking of verified statements. The department personnel are empowered to administer oaths of verification on the statement.
[ 1991 c 137 s 7.]

catchline: Authority of director and personnel.


title: RCW 69.07.100

text:
(1) The provisions of this chapter shall not apply to establishments issued a permit or licensed under the provisions of:
(a) Chapter 69.25 RCW, the Washington wholesome eggs and egg products act;
(b) Chapter 69.28 RCW, the Washington state honey act;
(c) Chapter 16.49 RCW, the meat inspection act;
(d) Chapter 77.65 RCW, relating to the limited fish seller endorsement for wild-caught seafood;
(e) Chapter 69.22 RCW, relating to cottage food operations;
(f) Title 66 RCW, relating to alcoholic beverage control; and
(g) Chapter 69.30 RCW, the sanitary control of shellfish act.
(2) If any such establishments process foods not specifically provided for in the above entitled acts, the establishments are subject to the provisions of this chapter.
(3) The provisions of this chapter do not apply to restaurants or food service establishments.
[ 2017 3rd sp.s. c 8 s 55; 2011 c 281 s 13; 2002 c 301 s 10; 1995 c 374 s 22; 1988 c 5 s 4; 1983 c 3 s 168; 1967 ex.s. c 121 s 10.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—Effective date—2002 c 301: See notes following RCW 77.65.510.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Establishments exempted from provisions of chapter.


title: RCW 69.07.103

text:
(1) A special permit issued by the department under this section is required for the slaughter, preparation, and sale of one thousand or fewer poultry in a calendar year by a poultry producer for the sale of whole raw poultry directly to the ultimate consumer at the producer's farm. Activities conducted under the permit are exempt from any other licensing requirements of this chapter.
(2)(a) The department must adopt by rule requirements for the permit. The requirements must be generally patterned after those established by the state board of health for temporary food service establishments, but must be tailored specifically to poultry slaughter, preparation, and sale activities. The requirements must include, but are not limited to, those for: Cooling procedures, when applicable; sanitary facilities, equipment, and utensils; clean water; washing and other hygienic practices; and waste and wastewater disposal.
(b) A permit expires December 31st and may be issued for either one or two years as requested by the permit applicant upon payment of the applicable fee in accordance with subsection (4) of this section.
(3) The department shall conduct such inspections as are reasonably necessary to ensure compliance with permit requirements.
(4) The fee for a special permit is seventy-five dollars for one year, or one hundred twenty-five dollars for two years.
[ 2009 c 114 s 1; 2003 c 397 s 2.]

catchline: Poultry—Slaughter, preparation, sale—One thousand or fewer—Special permit—Rules—Fee.


title: RCW 69.07.110

text:
The department may use all the civil remedies provided for in the food safety and security act under chapter 15.130 RCW in carrying out and enforcing the provisions of this chapter.
[ 2018 c 236 s 713; 1967 ex.s. c 121 s 11.]

catchline: Enforcement of chapter.


title: RCW 69.07.120

text:
All moneys received by the department under the provisions of this chapter, RCW 15.130.410, and chapter 69.22 RCW shall be paid into the food processing inspection account hereby created within the agricultural local fund established in RCW 43.23.230 and shall be used solely to carry out the provisions of this chapter, RCW 15.130.410, and chapters 69.22 and 15.130 RCW.
[ 2018 c 236 s 714; 2014 c 98 s 3; 2011 c 281 s 12; 1992 c 160 s 5; 1967 ex.s. c 121 s 12.]
Notes:
Findings—Intent—2014 c 98: "The legislature finds that the availability of affordable, fresh, and nourishing foods is essential for individuals to maintain a healthy lifestyle. The legislature also finds that new methods of purchasing and delivering fresh, nourishing foods are emerging and lowering the costs of these foods. The legislature further finds that some of the new business models for purchasing and delivering fresh, nourishing foods are being inappropriately classified as food service establishments. Therefore, it is the intent of the legislature to establish a direct seller license for businesses that sell and collect payment only through a website for prepackaged foods obtained from a food processor either licensed or inspected, or both, by a state or federal regulatory agency and that deliver the food directly to consumers without any interim storage." [ 2014 c 98 s 1.]

catchline: Disposition of money into food processing inspection account.


title: RCW 69.07.135

text:
It shall be unlawful to resell, to offer for resale, or to distribute for resale in intrastate commerce any food processed in a food processing plant, which has not obtained a license, as provided for in this chapter, once notification by the director has been given to the person or persons reselling, offering, or distributing food for resale, that said food is from an unlicensed processing operation.
[ 1991 c 137 s 8.]

catchline: Unlawful to sell or distribute food from unlicensed processor.


title: RCW 69.07.140

text:
Nothing in this chapter shall be construed as requiring the department to report for prosecution violations of this chapter when it believes that the public interest will best be served by a suitable notice of warning in writing.
[ 1967 ex.s. c 121 s 14.]

catchline: Violations—Warning notice.


title: RCW 69.07.150

text:
(1)(a) Except as provided in (b) of this subsection, any person violating any provision of this chapter or any rule or regulation adopted hereunder is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to subsection (1) of this section, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each violation shall be a separate and distinct offense.
[ 2003 c 53 s 316; 1991 c 137 s 9; 1967 ex.s. c 121 s 15.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Violations—Penalties.


title: RCW 69.07.160

text:
The authority granted to the director and to the department under the provisions of the food safety and security act under chapter 15.130 RCW shall not be deemed to be reduced or otherwise impaired as a result of any provision or provisions of the Washington Food Processing Act (chapter 69.07 RCW).
[ 2018 c 236 s 715; 1969 c 68 s 4.]

catchline: Authority of director and department under the food safety and security act not impaired by this chapter.


title: RCW 69.07.170

text:
As used in RCW 69.07.180 and 69.07.190:
(1) "Artesian water" means bottled water from a well tapping a confined aquifer in which the water level stands above the water table. "Artesian water" shall meet the requirements of "natural water."
(2) "Bottled water" means water that is placed in a sealed container or package and is offered for sale for human consumption or other consumer uses.
(3) "Carbonated water" or "sparkling water" means bottled water containing carbon dioxide.
(4) "Department" means the department of agriculture.
(5) "Distilled water" means bottled water that has been produced by a process of distillation and meets the definition of purified water in the most recent edition of the United States Pharmacopeia.
(6) "Drinking water" means bottled water obtained from an approved source that has at minimum undergone treatment consisting of filtration, activated carbon or particulate, and ozonization or an equivalent disinfection process, or that meets the requirements of the federal safe drinking water act of 1974 as amended and complies with all department of health rules regarding drinking water.
(7) "Mineral water" means bottled water that contains not less than five hundred parts per million total dissolved solids. "Natural mineral water" shall meet the requirements of "natural water."
(8) "Natural water" means bottled spring, mineral, artesian, or well water that is derived from an underground formation and may be derived from a public water system as defined in RCW 70A.125.010 only if that supply has a single source such as an actual spring, artesian well, or pumped well, and has not undergone any treatment that changes its original chemical makeup except ozonization or an equivalent disinfection process.
(9) "Plant operator" means a person who owns or operates a bottled water plant.
(10) "Purified water" means bottled water produced by distillation, deionization, reverse osmosis, or other suitable process and that meets the definition of purified water in the most recent edition of the United States Pharmacopeia. Water that meets this definition and is vaporized, then condensed, may be labeled "distilled water."
(11) "Spring water" means water derived from an underground formation from which water flows naturally to the surface of the earth. "Spring water" shall meet the requirements of "natural water."
(12) "Water dealer" means a person who imports bottled water or causes bulk water to be transported for bottling for human consumption or other consumer uses.
(13) "Well water" means water from a hole bored, drilled, or otherwise constructed in the ground that taps the water of an aquifer. "Well water" shall meet the requirements of "natural water."
[ 2021 c 65 s 63; 1992 c 34 s 1.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Severability—1992 c 34: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 34 s 9.]

catchline: Definitions.


title: RCW 69.07.180

text:
All bottled water must conform to applicable federal and state labeling laws and be labeled in compliance with the following standards:
(1) Mineral water may be labeled "mineral water." Bottled water to which minerals are added shall be labeled so as to disclose that minerals are added, and may not be labeled "natural mineral water."
(2) Spring water may be labeled "spring water" or "natural spring water."
(3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas or from which the gas is mechanically separated and later reintroduced at a level not higher than naturally occurring in the water may bear on its label the words "naturally carbonated" or "naturally sparkling."
(4) Bottled water that contains carbon dioxide other than that naturally occurring in the source of the product shall be labeled with the words "carbonated," "carbonation added," or "sparkling" if the carbonation is obtained from a natural or manufactured source.
(5) Well water may be labeled "well water" or "natural well water."
(6) Artesian water may be labeled "artesian water" or "natural artesian water."
(7) Purified water may be labeled "purified water" and the method of preparation shall be stated on the label, except that purified water produced by distillation may be labeled as "distilled water."
(8) Drinking water may be labeled "drinking water."
(9) The use of the word "spring," or any derivative of "spring" other than in a trademark, trade name, or company name, to describe water that is not spring water is prohibited.
(10) A product meeting more than one of the definitions in RCW 69.07.170 may be identified by any of the applicable product types defined in RCW 69.07.170, except where otherwise specifically prohibited.
(11) Supplemental printed information and graphics may appear on the label but shall not imply properties of the product or preparation methods that are not factual.
[ 1992 c 34 s 6.]
Notes:
Severability—1992 c 34: See note following RCW 69.07.170.

catchline: Bottled water labeling standards.


title: RCW 69.07.190

text:
Bottled soft drinks, soda, or seltzer products commonly recognized as soft drinks and identified on the product identity panel with a common or usual name other than one of those specified in RCW 69.07.170 are exempt from the requirements of RCW 69.07.180. Water that is not in compliance with the requirements of RCW 69.07.180 may not be identified, labeled, or advertised as "artesian water," "bottled water," "distilled water," "natural water," "purified water," "spring water," or "well water."
[ 1992 c 34 s 7.]
Notes:
Severability—1992 c 34: See note following RCW 69.07.170.

catchline: Bottled soft drinks, soda, or seltzer exempt from bottled water labeling requirements.


title: RCW 69.07.200

text:
(1) In addition to the requirements administered by the board under chapter 69.50 RCW, the department shall regulate cannabis-infused edible processing the same as other food processing under this chapter, except:
(a) The department shall not consider foods containing cannabis to be adulterated when produced in compliance with chapter 69.50 RCW and the rules adopted by the board;
(b) Initial issuance and renewal for an annual cannabis-infused edible endorsement in lieu of a food processing license under RCW 69.07.040 must be made through the business licensing system under chapter 19.02 RCW;
(c) Renewal of the endorsement must coincide with renewal of the endorsement holder's cannabis processor license;
(d) The department shall adopt a penalty schedule specific to cannabis processors, which may have values equivalent to the penalty schedule adopted by the board. Such penalties are in addition to any penalties imposed under the penalty schedule adopted by the board; and
(e) The department shall notify the board of violations by cannabis processors under this chapter.
(2) A cannabis processor that processes, packages, or makes cannabis-infused edibles must obtain an annual cannabis-infused edible endorsement, as provided in this subsection (2).
(a) The cannabis processor must apply for issuance and renewal for the endorsement from the department through the business licensing system under chapter 19.02 RCW.
(b) The cannabis processor must have a valid cannabis processor license before submitting an application for initial endorsement. The application and initial endorsement fees total eight hundred ninety-five dollars. Applicants for endorsement otherwise must meet the same requirements as applicants for a food processing license under this chapter including, but not limited to, successful completion of inspection by the department.
(c) Annual renewal of the endorsement must coincide with renewal of the endorsement holder's cannabis processor license. The endorsement renewal fee is eight hundred ninety-five dollars.
(d) A cannabis processor must obtain a separate endorsement for each location at which the cannabis processor intends to process cannabis-infused edibles. Premises used for cannabis-infused edible processing may not be used for processing food that does not use cannabis as an ingredient, with the exception of edibles produced solely for tasting samples or internal product testing.
(3) The department may deny, suspend, or revoke a cannabis-infused edible endorsement on the same grounds as the department may deny, suspend, or revoke a food processor's license under this chapter.
(4) Information about processors otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department.
[ 2022 c 16 s 50; 2017 c 138 s 4.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2017 c 138 s 4: "Section 4 of this act takes effect April 1, 2018." [ 2017 c 138 s 6.]

catchline: Cannabis-infused edible processing.


title: RCW 69.07.210

text:
The department of agriculture, state liquor and cannabis board, and department of revenue shall take the necessary steps to ensure that RCW 69.07.200 is implemented on its effective date.
[ 2017 c 138 s 5.]


title: RCW 69.07.220

text:
(1) Until such time as hemp extract is federally authorized for use as a food ingredient, hemp extract is not an approved food ingredient in Washington state. A hemp processor who wishes to engage in the production of hemp extract for use as a food ingredient in another state that allows its use as a food ingredient may apply for a hemp extract certification to certify the hemp processor's compliance with Washington's inspection and good manufacturing practices requirements. The department shall regulate hemp extract processing the same as other food processing under chapters 15.130, 69.07, and 69.22 RCW with the exceptions contained in subsections (2) through (6) of this section.
(2) The department's oversight is limited to certifying a hemp processor's compliance with applicable inspection and good manufacturing practices requirements as adopted by the department under chapter 15.130 RCW.
(3) The department must issue a hemp extract certification in lieu of a food processing license under RCW 69.07.040 to a hemp processor who meets the application requirements described in subsection (4) of this section. A hemp processor holding a hemp extract certification must apply for renewal of the certification annually.
(4) The application, initial certification, and renewal fees must be in an amount established by the department. Applicants for certification otherwise must meet the same requirements as applicants for a food processing license under chapter 69.07 RCW including, but not limited to, successful completion of an inspection by the department.
(5) The department may deny, suspend, or revoke a hemp extract certification on the same grounds as the department may deny, suspend, or revoke a food processor's license under this chapter.
(6) At such time as federal authorization of hemp extracts as a food ingredient occurs, the department must cease issuance of certifications under this chapter. At renewal, hemp processors certified under this section must apply for a food processor license in accordance with RCW 69.07.040.
[ 2021 c 104 s 6.]
Notes:
Intent—2021 c 104: See note following RCW 15.140.020.

catchline: Hemp extract certification.


title: RCW 69.07.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1967 ex.s. c 121 s 16.]

catchline: Chapter is cumulative and nonexclusive.


title: RCW 69.07.920

text:
This chapter shall be known and designated as the Washington food processing act.
[ 1967 ex.s. c 121 s 18.]

catchline: Short title.


title: RCW 69.10.005

text:
For the purpose of this chapter:
(1) "Food storage warehouse" means any premises, establishment, building, room area, facility, or place, in whole or in part, where food is stored, kept, or held for wholesale distribution to other wholesalers or to retail outlets, restaurants, and any such other facility selling or distributing to the ultimate consumer. Food storage warehouses include, but are not limited to, facilities where food is kept or held refrigerated or frozen and include facilities where food is stored to the account of another firm and/or is owned by the food storage warehouse. "Food storage warehouse" does not include grain elevators or fruit and vegetable storage and packing houses that store, pack, and ship fresh fruit and vegetables even though they may use refrigerated or controlled atmosphere storage practices in their operation. However, this chapter applies to multiple food storage operations that also distribute or ripen fruits and vegetables.
(2) "Department" means the Washington department of agriculture.
(3) "Director" means the director of the Washington department of agriculture.
(4) "Food" means the same as defined in the food safety and security act under chapter 15.130 RCW.
(5) "Independent sanitation consultant" means an individual, partnership, cooperative, or corporation that by reason of education, certification, and experience has satisfactorily demonstrated expertise in food and dairy sanitation and is approved by the director to advise on such areas including, but not limited to: Principles of cleaning and sanitizing food processing plants and equipment; rodent, insect, bird, and other pest control; principles of hazard analysis critical control point; basic food product labeling; principles of proper food storage and protection; proper personnel work practices and attire; sanitary design, construction, and installation of food plant facilities, equipment, and utensils; and other pertinent food safety issues.
[ 2018 c 236 s 716; 1995 c 374 s 8.]


title: RCW 69.10.010

text:
The director or his or her representative may inspect food storage warehouses for compliance with the provisions of chapter 15.130 RCW and the rules adopted under chapter 15.130 RCW as deemed necessary by the director. Any food storage warehouse found to not be in substantial compliance with chapter 15.130 RCW and the rules adopted under chapter 15.130 RCW will be reinspected as deemed necessary by the director to determine compliance. This does not preclude the director from using any other remedies as provided under chapter 15.130 RCW to gain compliance or to embargo products as provided under RCW 15.130.520 to protect the public from adulterated foods.
[ 2018 c 236 s 717; 1995 c 374 s 9.]

catchline: Inspection of food storage warehouses—Powers of director.


title: RCW 69.10.015

text:
(1) Except as provided in this section and RCW 69.10.020, it shall be unlawful for any person to operate a food storage warehouse in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. Application for a license or license renewal shall be on a form prescribed by the director and accompanied by the license fee. The license fee is two hundred dollars.
(2) For a food storage warehouse that has been inspected on at least an annual basis for compliance with the provisions of the current good manufacturing practices (Title 21 C.F.R. part 110) by a federal agency or by a state agency acting on behalf of and under contract with a federal agency and that is not exempted from licensure by RCW 69.10.020, the annual license fee for the warehouse is twenty-five dollars.
(3) The application shall include the full name of the applicant for the license and the location of the food storage warehouse he or she intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation must be given on the application. The application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted under this chapter by the department, the applicant shall be issued a license or renewal thereof. The director shall waive licensure under this chapter for firms that are licensed under the provisions of chapter 69.07 or 15.36 RCW.
[ 2015 3rd sp.s. c 27 s 9; 1995 c 374 s 10.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.

catchline: Annual license required—Director's duties—Fee—Application—Renewal.


title: RCW 69.10.020

text:
(1) A food storage warehouse that is inspected for compliance with the current good manufacturing practices (Title 21 C.F.R. part 110) on at least an annual basis by an independent sanitation consultant approved by the department is not required to be licensed under this chapter. A report identifying the inspector and the inspecting entity, the date of the inspection, and any violations noted on such inspection shall be forwarded to the department by the food storage warehouse within sixty days of the completion of the inspection. An inspection shall be conducted and an inspection report for a food storage warehouse shall be filed with the department at least once every twelve months or the warehouse shall be licensed under this chapter and inspected by the department for a period of two years.
(2) A food storage warehouse used to store alcohol beverages manufactured or distributed under a license issued pursuant to chapter 66.24 RCW is not required to be licensed under this chapter, provided alcohol beverages are the only food stored in the warehouse.
[ 2018 c 96 s 1; 1995 c 374 s 11.]

catchline: Exemption from licensure—Independent inspection—Report to department.


title: RCW 69.10.025

text:
If the application for renewal of any license provided for under this chapter is not filed prior to the expiration date as established by rule by the director, an additional fee of ten percent of the cost of the license shall be assessed and added to the original fee and must be paid by the applicant before the renewal license is issued.
[ 1995 c 374 s 12.]

catchline: Application for renewal of license after expiration date—Additional fee.


title: RCW 69.10.030

text:
The director may, subsequent to a hearing thereon, deny, suspend, or revoke any license provided for in this chapter if he or she determines that an applicant has committed any of the following acts:
(1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules adopted under this chapter, or any lawful order of the director;
(2) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make such records available if requested pursuant to the provisions of this chapter;
(3) Refused the department access to any portion or area of the food storage warehouse for the purpose of carrying out the provisions of this chapter;
(4) Refused the department access to any records required to be kept under the provisions of this chapter;
(5) Refused, neglected, or failed to comply with any provisions of the food safety and security act under chapter 15.130 RCW, or any rules adopted under chapter 15.130 RCW.
The provisions of this section requiring that a hearing be conducted before an action may be taken against a license do not apply to an action taken under RCW 69.10.035.
[ 2018 c 236 s 718; 1995 c 374 s 13.]

catchline: Director may deny, suspend, or revoke license—Actions by applicant—Hearing required.


title: RCW 69.10.035

text:
(1) Whenever the director finds a food storage warehouse operating under conditions that constitute an immediate danger to public health or whenever the licensee or any employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determining whether such a condition exists, the director may summarily suspend, pending a hearing, a license provided for in this chapter.
(2) Whenever a license is summarily suspended, the holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended and that prompt opportunity for a hearing will be provided.
(3) Whenever a license is summarily suspended, food distribution operations shall immediately cease. However, the director may reinstate the license if the condition that caused the suspension has been abated to the director's satisfaction.
[ 1995 c 374 s 14.]

catchline: Immediate danger to public health—Summarily suspending license—Written notification—Hearing—Reinstatement of license.


title: RCW 69.10.040

text:
It is unlawful to sell, offer for sale, or distribute in intrastate commerce food from or stored in a food storage warehouse that is required to be licensed under this chapter but that has not obtained a license, once notification by the director has been given to the persons selling, offering, or distributing food for sale, that the food is in or from such an unlicensed food storage warehouse.
[ 1995 c 374 s 15.]

catchline: Unlicensed food storage warehouse—Unlawful to sell, offer for sale, or distribute in intrastate commerce.


title: RCW 69.10.045

text:
All moneys received by the department under provisions of this chapter, except moneys collected for civil penalties levied under this chapter, shall be paid into an account created in the agricultural local fund established in RCW 43.23.230 and shall be used solely to carry out provisions of this chapter and chapter 15.130 RCW. All moneys collected for civil penalties levied under this chapter shall be deposited in the state general fund.
[ 2018 c 236 s 719; 1995 c 374 s 16.]

catchline: Disposition of moneys received under this chapter.


title: RCW 69.10.050

text:
(1) Except as provided in subsection (2) of this section, the department may use all the civil remedies provided under chapter 15.130 RCW in carrying out and enforcing the provisions of this chapter.
(2) Civil penalties are intended to be used to obtain compliance and shall not be collected if a warehouse successfully completes a mutually agreed upon compliance agreement with the department. A warehouse that enters into a compliance agreement with the department shall pay only for inspections conducted by the department and any laboratory analyses as required by the inspections as outlined and agreed to in the compliance agreement. In no event shall the fee for these inspections and analyses exceed four hundred dollars per inspection or one thousand dollars in total.
[ 2018 c 236 s 720; 1995 c 374 s 17.]

catchline: Civil remedies—Restrictions on civil penalties—Fee limitations for inspections and analyses.


title: RCW 69.10.055

text:
(1) The department shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose.
(2) The adoption of rules under the provisions of this chapter are subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act.
[ 1995 c 374 s 18.]

catchline: Rules.


title: RCW 69.10.060

text:
The director or director's deputies, assistants, and inspectors are authorized to do all acts and things necessary to carry out the provisions of this chapter, including the taking of verified statements. The department personnel are empowered to administer oaths of verification on the statement.
[ 1995 c 374 s 19.]

catchline: Director and deputies, assistants, and inspectors authorized to act—May take verified statements.


title: RCW 69.10.900

text: See note following RCW 15.36.012.


title: RCW 69.22.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cottage food operation" means a person who produces cottage food products only in the home kitchen of that person's primary domestic residence in Washington and only for sale directly to the consumer.
(2) "Cottage food products" means nonpotentially hazardous baked goods; baked candies and candies made on a stovetop; jams, jellies, preserves, and fruit butters as defined in 21 C.F.R. Sec. 150 as it existed on July 22, 2011; and other nonpotentially hazardous foods identified by the director in rule. No ingredient containing a tetrahydrocannabinol concentration of 0.3 percent or greater may be included as an ingredient in any cottage food product.
(3) "Department" means the department of agriculture.
(4) "Director" means the director of the department.
(5) "Domestic residence" means a single-family dwelling or an area within a rental unit where a single person or family actually resides. Domestic residence does not include:
(a) A group or communal residential setting within any type of structure; or
(b) An outbuilding, shed, barn, or other similar structure.
(6) "Home kitchen" means a kitchen primarily intended for use by the residents of a home. It may contain one or more stoves or ovens, which may be a double oven, designed for residential use.
(7) "Permitted area" means the portion of a domestic residence housing a home kitchen where the preparation, packaging, storage, or handling of cottage food products occurs.
(8) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, or the growth and toxin production of Clostridium botulinum.
[ 2015 c 203 s 1; 2011 c 281 s 1.]

catchline: Definitions.


title: RCW 69.22.020

text:
(1) The director may adopt, by rule, requirements for cottage food operations. These requirements may include, but are not limited to:
(a) The application and renewal of permits under RCW 69.22.030;
(b) Inspections as provided under RCW 69.22.040;
(c) Sanitary procedures;
(d) Facility, equipment, and utensil requirements;
(e) Labeling specificity beyond the requirements of this section;
(f) Requirements for clean water sources and waste and wastewater disposal; and
(g) Requirements for washing and other hygienic practices.
(2) A cottage food operation must package and properly label for sale to the consumer any food it produces, and the food may not be repackaged, sold, or used as an ingredient in other foods by a food processing plant, or sold by a food service establishment.
(3) A cottage food operation must place on the label of any food it produces or packages, at a minimum, the following information:
(a) The name and permit number issued under RCW 69.22.030 of the business of the cottage food operation;
(b) The name of the cottage food product;
(c) The ingredients of the cottage food product, in descending order of predominance by weight;
(d) The net weight or net volume of the cottage food product;
(e) Allergen labeling as specified by the director in rule;
(f) If any nutritional claim is made, appropriate labeling as specified by the director in rule;
(g) The following statement printed in at least the equivalent of eleven-point font size in a color that provides a clear contrast to the background: "Made in a home kitchen that has not been subject to standard inspection criteria."
(4) Cottage food products may only be sold directly to the consumer and may not be sold by internet, mail order, or for retail sale outside the state.
(5) Cottage food products must be stored only in the primary domestic residence.
[ 2020 c 171 s 1; 2011 c 281 s 2.]

catchline: Requirements—Authority of director.


title: RCW 69.22.030

text:
(1) All cottage food operations must be permitted every two years by the department on forms developed by the department. All permits and permit renewals must be made on forms developed by the director and be accompanied by an inspection fee as provided in RCW 69.22.040, a $75 public health review fee, and a $30 processing fee. All fees must be deposited into the food processing inspection account created in RCW 69.07.120.
(2) In addition to the provision of any information required by the director on forms developed under subsection (1) of this section and the payment of all fees, an applicant for a permit or a permit renewal as a cottage food operation must also provide documentation that all individuals to be involved in the preparation of cottage food products have secured a food and beverage service worker's permit under chapter 69.06 RCW.
(3) All cottage food operations permitted under this section must include a signed document attesting, by opting to become permitted, that the permitted cottage food operation expressly grants to the director the right to enter the domestic residence housing the cottage food operation during normal business hours, or at other reasonable times, for the purposes of inspections under this chapter.
[ 2023 c 352 s 2; 2011 c 281 s 3.]

catchline: Permits, permit renewals.


title: RCW 69.22.040

text:
(1) The permitted area of all cottage food operations must be inspected for basic hygiene by the director both before initial permitting under RCW 69.22.030 and annually after initial permitting. In addition, the director may inspect the permitted area of a cottage food operation at any time in response to a foodborne outbreak or other public health emergency.
(2) When conducting an annual basic hygiene inspection, the director shall, at a minimum, inspect for the following:
(a) That the permitted cottage food operator understands that no person other than the permittee, or a person under the direct supervision of the permittee, may be engaged in the processing, preparing, packaging, or handling of any cottage food products or be in the home kitchen during the preparation, packaging, or handling of any cottage food products;
(b) That no cottage food preparation, packaging, or handling is occurring in the home kitchen concurrent with any other domestic activities such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment;
(c) That no infants, small children, or pets are in the home kitchen during the preparation, packaging, or handling of any cottage food products;
(d) That all food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any cottage food products are washed, rinsed, and sanitized before each use;
(e) That all food preparation and food and equipment storage areas are maintained free of rodents and insects; and
(f) That all persons involved in the preparation and packaging of cottage food products:
(i) Have obtained a food and beverage service worker's permit under chapter 69.06 RCW;
(ii) Are not going to work in the home kitchen when ill;
(iii) Wash their hands before any food preparation and food packaging activities; and
(iv) Avoid bare hand contact with ready-to-eat foods through the use of single-service gloves, bakery papers, tongs, or other utensils.
(3) The department shall charge an inspection fee of one hundred twenty-five dollars for any initial or annual basic hygiene inspection, which must be deposited into the food processing inspection account created in RCW 69.07.120. An additional inspection fee must be collected for each visit to a cottage food operation for the purposes of conducting an inspection for compliance.
(4) The director may contract with local health jurisdictions to conduct the inspections required under this section.
[ 2011 c 281 s 4.]

catchline: Basic hygiene inspections.


title: RCW 69.22.050

text:
(1)(a) Except as provided in (b) of this subsection, the annual gross sales of cottage food products may not exceed $35,000. The determination of the maximum annual gross sales must be computed on the basis of the amount of gross sales within or at a particular domestic residence and may not be computed on a per person basis within or at an individual domestic residence.
(b) Every four years, the department shall review the cap on annual gross sales established in (a) of this subsection and increase the cap by expedited rule making, in accordance with RCW 34.05.353, based on that year's average consumer price index for the Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(2) If gross sales exceed the maximum allowable annual gross sales amount established under subsection (1) of this section, the cottage food operation must either obtain a food processing plant license under chapter 69.07 RCW or cease operations.
(3) A cottage food operation exceeding the maximum allowable annual gross sales amount established under subsection (1) of this section is not entitled to a full or partial refund of any fees paid under RCW 69.22.030 or 69.22.040.
(4) The director may request in writing documentation to verify the annual gross sales figure.
[ 2023 c 352 s 1; 2015 c 196 s 1; 2011 c 281 s 5.]

catchline: Annual gross sales.


title: RCW 69.22.060

text:
(1) For the purpose of determining compliance with this chapter, the director may access, for inspection purposes, the permitted area of a domestic residence housing a cottage food operation permitted by the director under this chapter. This authority includes the authority to inspect any records required to be kept under the provisions of this chapter.
(2) All inspections must be made at reasonable times and, when possible, during regular business hours.
(3) Should the director be denied access to the permitted area of a domestic residence housing a cottage food operation where access was sought for the purposes of enforcing or administering this chapter, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the permitted area of a domestic residence housing a permitted cottage food operation, upon which the court may issue a search warrant for the purposes requested.
(4) Any access under this section must be limited to the permitted area and further limited to the purpose of enforcing or administering this chapter.
[ 2011 c 281 s 6.]

catchline: Access to permitted areas of domestic residence housing cottage food operations—Authority of director.


title: RCW 69.22.070

text:
(1) After conducting a hearing, the director may deny, suspend, or revoke any permit provided for in this chapter if it is determined that a permittee has committed any of the following acts:
(a) Refused, neglected, or failed to comply with the provisions of this chapter, any rules adopted to administer this chapter, or any lawful order of the director;
(b) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make the records available when requested pursuant to the provisions of this chapter;
(c) Consistent with RCW 69.22.060, refused the director access to the permitted area of a domestic residence housing a cottage food operation for the purpose of carrying out the provisions of this chapter;
(d) Consistent with RCW 69.22.060, refused the department access to any records required to be kept under the provisions of this chapter; or
(e) Exceeded the annual income limits provided in RCW 69.22.050.
(2) The director may summarily suspend a permit issued under this chapter if the director finds that a cottage food operation is operating under conditions that constitute an immediate danger to public health or if the director is denied access to the permitted area of a domestic residence housing a cottage food operation and records where the access was sought for the purposes of enforcing or administering this chapter.
[ 2011 c 281 s 7.]

catchline: Cottage foods operations permit—Denial, suspension, or revocation.


title: RCW 69.22.080

text:
The rights, remedies, and procedures respecting the administration of this chapter, including rule making, emergency actions, and permit suspension, revocation, or denial are governed by chapter 34.05 RCW.
[ 2011 c 281 s 8.]

catchline: Application of administrative procedure act.


title: RCW 69.22.090

text:
(1)(a) Any person engaging in a cottage food operation without a valid permit issued under RCW 69.22.030 or otherwise violating any provision of this chapter, or any rule adopted under this chapter, is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to subsection (1) of this section, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each violation shall be a separate and distinct offense.
[ 2011 c 281 s 9.]

catchline: Penalties.


title: RCW 69.22.100

text:
Except as otherwise provided in this chapter, cottage food operations with a valid permit under RCW 69.22.030 are not subject to the provisions of chapter 69.07 RCW or to permitting and inspection by a local health jurisdiction.
[ 2011 c 281 s 10.]

catchline: Exemption—Provisions of chapter 69.07 RCW or permitting and inspection by local health jurisdiction.


title: RCW 69.22.110

text:
Nothing in this chapter affects the application of any other state or federal laws or any applicable ordinances enacted by any local unit of government.
[ 2011 c 281 s 11.]

catchline: Application of other state or federal laws or local unit of government ordinances not affected.


title: RCW 69.25.010

text:
Eggs and egg products are an important source of the state's total supply of food, and are used in food in various forms. They are consumed throughout the state and the major portion thereof moves in intrastate commerce. It is essential, in the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products consumed by them are wholesome, otherwise not adulterated, and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, unadulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors, as well as injury to consumers. Unwholesome, otherwise adulterated, or improperly labeled or packaged products can be sold at lower prices and compete unfairly with the wholesome, unadulterated, and properly labeled and packaged products, to the detriment of consumers and the public generally. It is also essential to protect the health and welfare of consumers, promote food safety, advance animal welfare, and protect against the negative fiscal effects on the state associated with the lack of effective regulation of egg production and sales. It is hereby found that all egg products and the qualities of eggs which are regulated under this chapter are either in intrastate commerce, or substantially affect such commerce, and that regulation by the director, as contemplated by this chapter, is appropriate to protect the health and welfare of consumers.
[ 2019 c 276 s 2; 1975 1st ex.s. c 201 s 2.]
Notes:
Finding—Purpose—2019 c 276: "The legislature finds that the purpose of this act is to improve the regulation of egg production and sales in order to protect the health and welfare of consumers, promote food safety, advance animal welfare, and protect against the negative fiscal effects on the state associated with the lack of effective regulation of egg production and sales." [ 2019 c 276 s 1.]
Construction—2019 c 276: See note following RCW 69.25.065.

catchline: Legislative finding.


title: RCW 69.25.020

text:
The definitions in this section apply throughout this chapter unless the context clearly otherwise requires.
(1) "Adulterated" applies to any egg or egg product under one or more of the following circumstances:
(a) If it bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, such article is not considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;
(b) If it bears or contains any added poisonous or added deleterious substance (other than one which is: (i) A pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the director, make such article unfit for human food;
(c) If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical that renders it adulterated within the meaning of RCW 15.130.200(2);
(d) If it bears or contains any food additive that renders it adulterated within the meaning of RCW 15.130.200(2);
(e) If it bears or contains any color additive that renders it adulterated within the meaning of RCW 15.130.200(2); however, an article which is not otherwise deemed adulterated under (c), (d), or (e) of this subsection are nevertheless deemed adulterated if use of the pesticide chemical, food additive, or color additive, in or on such article, is prohibited by regulations of the director in official plants;
(f) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human food;
(g) If it consists in whole or in part of any damaged egg or eggs to the extent that the egg meat or white is leaking, or it has been contacted by egg meat or white leaking from other eggs;
(h) If it has been prepared, packaged, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(i) If it is an egg which has been subjected to incubation or the product of any egg which has been subjected to incubation;
(j) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect under chapter 15.130 RCW; or
(l) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(2) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs.
(3) "At retail" means any transaction in intrastate commerce between a retailer and a consumer.
(4) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a business license application and a business license expiration date common to each renewable license endorsement.
(5) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens within which:
(a) Hens are free to roam unrestricted except by external walls;
(b) Hens are provided enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and
(c) Farm employees can provide care while standing somewhere within the hens' usable floor space.
(6) "Candling" means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place.
(7) "Capable of use as human food" applies to any egg or egg product unless it is denatured, or otherwise identified, as required by regulations prescribed by the director, to deter its use as human food.
(8) "Check" means an egg that has a broken shell or crack in the shell but has its shell membranes intact and contents not leaking.
(9) "Clean and sound shell egg" means any egg whose shell is free of adhering dirt or foreign material and is not cracked or broken.
(10) "Consumer" means any person who purchases eggs or egg products for his or her own family use or consumption; or any restaurant, hotel, boarding house, bakery, or other institution or concern which purchases eggs or egg products for serving to guests or patrons thereof, or for its own use in cooking or baking.
(11) "Container" or "package" includes any box, can, tin, plastic, or other receptacle, wrapper, or cover.
(12) "Department" means the department of agriculture of the state of Washington.
(13) "Director" means the director of the department or his duly authorized representative.
(14) "Dirty egg" means an egg that has a shell that is unbroken and has adhering dirt or foreign material.
(15) "Egg" means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea, or any other specie of fowl.
(16) "Egg handler" or "dealer" means any person who produces, contracts for or obtains possession or control of any eggs or egg products for the purpose of sale to another dealer or retailer, or for processing and sale to a dealer, retailer or consumer. For the purpose of this chapter, "sell" or "sale" includes the following: Offer for sale, expose for sale, have in possession for sale, exchange, barter, trade, or as an inducement for the sale of another product.
(17) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.
(18)(a) "Egg product" means any dried, frozen, or liquid eggs, with or without added ingredients, excepting products which contain eggs only in a relatively small proportion, or historically have not been, in the judgment of the director, considered by consumers as products of the egg food industry, and which may be exempted by the director under such conditions as the director may prescribe to assure that the egg ingredients are not adulterated and are not represented as egg products.
(b) The following products are not included in the definition of "egg product" if they are prepared from eggs or egg products that have been either inspected by the United States department of agriculture or by the department under a cooperative agreement with the United States department of agriculture: Freeze-dried products, imitation egg products, egg substitutes, dietary foods, dried no-bake custard mixes, eggnog mixes, acidic dressings, noodles, milk and egg dip, cake mixes, French toast, balut and other similar ethnic delicacies, and sandwiches containing eggs or egg products.
(19) "Immediate container" means any consumer package, or any other container in which egg products, not consumer-packaged, are packed.
(20) "Incubator reject" means an egg that has been subjected to incubation and has been removed from incubation during the hatching operations as infertile or otherwise unhatchable.
(21) "Inedible" means eggs of the following descriptions: Black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, and eggs containing embryo chicks (at or beyond the blood ring stage).
(22) "Inspection" means the application of such inspection methods and techniques as are deemed necessary by the director to carry out the provisions of this chapter.
(23) "Inspector" means any employee or official of the department authorized to inspect eggs or egg products under the authority of this chapter.
(24) "Intrastate commerce" means any eggs or egg products in intrastate commerce, whether such eggs or egg products are intended for sale, held for sale, offered for sale, sold, stored, transported, or handled in this state in any manner and prepared for eventual distribution in this state, whether at wholesale or retail.
(25) "Leaker" means an egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exposed or are exuding or free to exude through the shell.
(26) "Loss" means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator reject; or because it contains a bloody white, large meat spots, a large quantity of blood, or other foreign material.
(27) "Misbranded" applies to egg products that are not labeled and packaged in accordance with the requirements prescribed by regulations of the director under RCW 69.25.100.
(28) "Official certificate" means any certificate prescribed by regulations of the director for issuance by an inspector or other person performing official functions under this chapter.
(29) "Official device" means any device prescribed or authorized by the director for use in applying any official mark.
(30) "Official inspection legend" means any symbol prescribed by regulations of the director showing that egg products were inspected in accordance with this chapter.
(31) "Official mark" means the official inspection legend or any other symbol prescribed by regulations of the director to identify the status of any article under this chapter.
(32) "Official plant" means any plant which is licensed under the provisions of this chapter, at which inspection of the processing of egg products is maintained by the United States department of agriculture or by the state under cooperative agreements with the United States department of agriculture or by the state.
(33) "Official standards" means the standards of quality, grades, and weight classes for eggs, adopted under the provisions of this chapter.
(34) "Pasteurize" means the subjecting of each particle of egg products to heat or other treatments to destroy harmful, viable microorganisms by such processes as may be prescribed by regulations of the director.
(35) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof, or assignee for the benefit of creditors.
(36) "Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity" have the same meaning for purposes of this chapter as defined in chapter 15.130 RCW.
(37) "Plant" means any place of business where egg products are processed.
(38) "Processing" means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products.
(39) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss.
(40) "Retailer" means any person in intrastate commerce who sells eggs or egg products to a consumer.
(41) "Shipping container" means any container used in packaging a product packed in an immediate container.
(42) "Usable floor space" means the total square footage of floor space provided to each egg-laying hen, calculated by dividing the total square footage of floor space in an enclosure by the number of hens in that enclosure. "Usable floor space" includes ground space and elevated level or nearly level platforms to accommodate egg flow upon which hens can roost, but does not include perches or ramps.
[ 2019 c 276 s 3. Prior: 2013 c 144 s 44; prior: 2011 c 306 s 1; 1995 c 374 s 25; 1982 c 182 s 42; 1975 1st ex.s. c 201 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Purpose—2019 c 276: See note following RCW 69.25.010.
Construction—2019 c 276: See note following RCW 69.25.065.
Effective date—2011 c 306: "This act takes effect August 1, 2012." [ 2011 c 306 s 7.]
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.


title: RCW 69.25.030

text:
The purpose of this chapter is to promote uniformity of state legislation and regulations with the federal egg products inspection act, 21 U.S.C. sec. 1031, et seq., and regulations adopted thereunder. In accord with such declared purpose, any regulations adopted under the federal egg products inspection act relating to eggs and egg products, as defined in RCW 69.25.020 (15) and (18), in effect on July 1, 1975, are hereby deemed to have been adopted under the provisions hereof. Further, to promote such uniformity, any regulations adopted hereafter under the provisions of the federal egg products inspection act relating to eggs and egg products, as defined in RCW 69.25.020 (15) and (18), and published in the federal register, shall be deemed to have been adopted under the provisions of this chapter in accord with chapter 34.05 RCW, as now or hereafter amended. The director may, however, within thirty days of the publication of the adoption of any such regulation under the federal egg products inspection act, give public notice that a hearing will be held to determine if such regulations shall not be applicable under the provisions of this chapter. Such hearing shall be in accord with the requirements of chapter 34.05 RCW, as now or hereafter amended.
The director, in addition to the foregoing, may adopt any rule and regulation necessary to carry out the purpose and provisions of this chapter.
[ 2025 c 58 s 2038; 1975 1st ex.s. c 201 s 4.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Purpose—Certain federal rules adopted by reference—Hearing, notice by director—Adoption of rules by director.


title: RCW 69.25.040

text:
The adoption, amendment, modification, or revocation of any rules or regulations under the provisions of this chapter, or the holding of a hearing in regard to a license issued or which may be issued or denied under the provisions of this chapter, shall be subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act, as now or hereafter amended.
[ 1975 1st ex.s. c 201 s 5.]