Current through Register Vol. 24-24, December 15, 2024
(1) A cannabis
processor license allows the licensee to process, dry, cure, package, and label
useable cannabis, cannabis concentrates, and cannabis-infused products for sale
at wholesale to cannabis processors and cannabis retailers.
(2)
Application and license
fees.
(a) The application fee for a
cannabis processor license is $250. The applicant is also responsible for
paying the fees required by the approved vendor for fingerprint
evaluation.
(b) The annual fee for
issuance and renewal of a cannabis processor license is $1,381. The board will
conduct random criminal history checks at the time of renewal that will require
the licensee to submit fingerprints for evaluation from the approved vendor.
The licensee is responsible for all fees required for the criminal history
checks.
(c) The application window
for cannabis processor licenses is closed. The board may reopen the cannabis
processor application window at subsequent times when the board deems
necessary.
(3) Any
entity and/or principals within any entity are limited to no more than three
cannabis processor licenses.
(4)
(a) A cannabis processor that makes
cannabis-infused solid or liquid product meant to be ingested orally (cannabis
edibles) must obtain a cannabis-infused edible endorsement from the department
of agriculture as required under chapter 15.125 RCW and rules adopted by the
department to implement that chapter (chapter 16-131 WAC). A licensee must
allow the board or their designee to conduct physical visits and inspect the
processing facility, recipes, and records required under WAC
314-55-087 during normal business
hours or at any time of apparent operation without advance notice.
(b) A cannabis processor licensed by the
board must ensure cannabis-infused edible processing facilities are
constructed, kept, and maintained in a clean and sanitary condition in
accordance with rules and as prescribed by the Washington state department of
agriculture under chapter 15.125 RCW and rules promulgated to implement
chapters 16-131, 16-165 and 16-167 WAC.
(5)
(a) A
cannabis processor may blend tested useable cannabis from multiple lots into a
single package for sale to a cannabis retail licensee so long as the label
requirements for each lot used in the blend are met and the percentage by
weight of each lot is also included on the label.
(b) A processor may not treat or otherwise
adulterate useable cannabis with any organic or nonorganic chemical or other
compound whatsoever to alter the color, appearance, weight, or smell of the
useable cannabis.
(6)
Recipes, product, packaging, and labeling approval.
(a) A cannabis processor licensee must obtain
label and packaging approval from the board for all cannabis-infused products
meant for oral ingestion prior to offering these items for sale to a cannabis
retailer. The cannabis processor licensee must submit a picture of the product,
labeling, and packaging to the board for approval. More information on the
product, packaging, and label review process is available on the board's
website.
(b) All recipes for
cannabis-infused products meant for oral ingestion (cannabis edible products)
must be approved by the department of agriculture under chapter 16-131 WAC.
Licensees must obtain recipe approval from the department of agriculture prior
to submitting any cannabis edible products, packages, and labels for review and
approval by the board. The recipe for any cannabis-infused solid or liquid
products meant to be ingested orally must be kept on file at the cannabis
processor's licensed premises and made available for inspection by the board or
its designee.
(c) If the board
denies a cannabis-infused product for sale in cannabis retail outlets, the
cannabis processor licensee may request an administrative hearing under chapter
34.05 RCW, Administrative Procedure Act.
(7) With the exception of the cannabis, all
ingredients used in making cannabis-infused products for oral ingestion must be
a commercially manufactured food as defined in WAC
246-215-01115.
(8) Cannabis-infused edible products in solid
or liquid form must be homogenized to ensure uniform disbursement of
cannabinoids.
(9) A cannabis
processor may infuse food or drinks with cannabis, provided that:
(a) The product or products do not require
cooking or baking by the consumer;
(b) Coatings applied to the product or
products are compliant with the requirements of this chapter;
(c) The product and package design is not
similar to commercially available products marketed for consumption by persons
under 21 years of age, as defined by WAC 314.55.105 (1)(c).
(10) To reduce the risk to public
health, potentially hazardous foods as defined in WAC
246-215-01115 may not be infused
with cannabis. Potentially hazardous foods require time-temperature control to
keep them safe for human consumption and prevent the growth of pathogenic
microorganisms or the production of toxins. Any food that requires
refrigeration, freezing, or a hot holding unit to keep it safe for human
consumption may not be infused with cannabis.
(11) Other food items that may not be infused
with cannabis to be sold in a retail store include:
(a) Any food that has to be acidified to make
it shelf stable;
(b) Food items
made shelf stable by canning or retorting;
(c) Fruit or vegetable juices (this does not
include shelf stable concentrates);
(d) Fruit or vegetable butters;
(e) Pumpkin pies, custard pies, or any pies
that contain egg;
(f) Dairy
products of any kind such as butter, cheese, ice cream, or milk; and
(g) Dried or cured meats.
(h) Vinegars and oils derived from natural
sources may be infused with dried cannabis if all plant material is
subsequently removed from the final product. Vinegars and oils may not be
infused with any other substance, including herbs and garlic.
(i) Cannabis-infused jams and jellies made
from scratch must utilize a standardized recipe in accordance with 21 C.F.R.
Part 150, revised as of April 1, 2013.
(12) Consistent with WAC
314-55-104, a cannabis processor
may infuse dairy butter or fats derived from natural sources, and use that
extraction to prepare allowable cannabis-infused solid or liquid products meant
to be ingested orally, but the dairy butter or fats derived from natural
sources may not be sold as stand-alone products.
The board may designate other food items that may not be
infused with cannabis.
(13)
Cannabis processor licensees are allowed to have a maximum of six months of
their average useable cannabis and six months average of their total production
on their licensed premises at any time.
(14)
Processing service
arrangements. A processing service arrangement is when one processor
(processor B) processes useable cannabis or an altered form of useable cannabis
(cannabis product) for another licensed processor (processor A) for a fee.
(a) Processor A is the product owner.
However, processor B may handle the product under its license as provided in
chapter 69.50 RCW and this chapter. Processor B is not allowed to transfer the
product to a retailer and may only possess cannabis or cannabis products
received from processor A for the limited purposes of processing it for
ultimate transfer back to processor A.
(b) Processing service arrangements must be
made on a cash basis only as provided in WAC
314-55-115 and payment for the
service and return of the processed product must be made within 30 calendar
days of delivery to processor B. Failure to do so as provided by the preceding
sentence is a violation of this section and any cannabis or cannabis product
involved in the transaction will be subject to seizure and destruction. Payment
with any cannabis products, barter, trade, or compensation in any form other
than cash for processing service arrangements is prohibited under processing
service arrangements.
(c) Each
processor that enters into a processing service arrangement must include
records for each service arrangement in recordkeeping documents which must be
maintained consistent with this chapter.
(15) Cannabis may not be returned by any
retail licensee to any processor except as provided in this section.
(a) Every processor must maintain on the
licensed premises for a period of five years complete records of all refunds
and exchanges made under this section including an inventory of cannabis and
cannabis products returned to the processor by any retail licensee.
(b) Cannabis may be returned by a retail
licensee in the event a retailer goes out of the business of selling cannabis
at retail and a cash refund, as defined by WAC
314-55-115, may be made upon the
return of the cannabis or cannabis products, so long as LCB approval is
acquired prior to returns and refunds under this subsection.
(c) Cannabis products different from that
ordered by a retailer and delivered to the retailer may be returned to a
processor and either replaced with cannabis products which were ordered or a
cash refund, as defined by WAC
314-55-115, may be made. These
incorrect orders must be discovered and corrected within eight days of the date
the delivery was made to be eligible for returns and refunds under this
subsection.
(d) A cannabis
processor may accept returns of products and sample jars from cannabis
retailers for destruction, but is not required to provide refunds to the
retailer. It is the responsibility of the retailer to ensure the product or
sample jar is returned to the processor.
(16) The board may take disciplinary action
against any cannabis processor that fails to comply with the provisions of WAC
246-80-021.
Statutory Authority:
RCW
69.50.325,
69.50.331,
69.50.342,
69.50.345. WSR 13-21-104, §
314-55-077, filed 10/21/13, effective 11/21/13. WSR 13-21-003, §
314-55-077, filed 10/3/2013, effective
11/3/2013
