Wash. Admin. Code § 314-55-225 - Cannabis recalls
(1)
Definitions. For the purposes of this section, the following
definitions apply:
(a) "Affected product"
means cannabis, useable cannabis, cannabis concentrates, or cannabis-infused
products subject to a recall.
(b)
"Affected licensee" means a licensee whose cannabis, useable cannabis, cannabis
concentrates, or cannabis-infused products are subject to a recall. More than
one licensee may be an affected licensee in a recall.
(2)
Exempt market withdrawals.
(a) A licensee may withdraw from the market
cannabis, useable cannabis, cannabis concentrates, or cannabis-infused products
by its own determination for reasons that do not pose a risk to consumers such
as for aesthetic reasons or other similar deficiencies in product or
packaging.
(b) If a licensee
initiates a market withdrawal for a reason that does not pose a risk to
consumers, the licensee must notify the LCB by contacting the local LCB
enforcement officer assigned to the local area within 48 hours of beginning the
market withdrawal. Licensees withdrawing cannabis, useable cannabis, cannabis
concentrates, or cannabis-infused products under this subsection (2), for
reasons other than risk to consumers, are exempt from the remaining
requirements of this section.
(3)
(a)
When a recall is required. A recall is required when circumstances
exist that pose a risk to consumers. Factors that contribute to a determination
of a recall situation include, but are not limited to, the following:
(i) Evidence that pesticides not approved by
the board are present on or in cannabis, useable cannabis, cannabis
concentrates, or cannabis-infused products above the action levels prescribed
by board rule;
(ii) Evidence that
residual solvents are present on or in cannabis, useable cannabis, cannabis
concentrates, or cannabis-infused products at levels above the action levels
prescribed by board rule; or
(iii)
Evidence of another condition that poses a risk to consumers including, but not
limited to, ingredients in cannabis-infused products that are unfit for human
consumption.
(b)
Licensee-initiated recalls.
(i)
If a licensee initiates a recall due to a condition that poses a risk to
consumers and would make a recall appropriate under this subsection (3), the
licensee must:
(A) Immediately notify the
local LCB enforcement officer; and
(B) Secure, isolate, and prevent the
distribution of all cannabis, useable cannabis, cannabis concentrates, or
cannabis-infused products that may have been exposed to the condition
warranting the recall. The licensee is prohibited from destroying any affected
product prior to notifying the LCB and coordinating with the local LCB officer
on destruction activities.
(ii) If the LCB determines the licensee fails
to engage in recall efforts that meet the urgency of the risk to consumers, the
LCB may seek a board-directed recall as provided in this section depending on
the circumstances.
(c)
LCB investigation-initiated recalls.
(i) If the LCB determines that a recall is
not appropriate after an investigation, the LCB enforcement division may
release administrative holds placed on cannabis, useable cannabis, cannabis
concentrates, or cannabis-infused products as part of the investigation as
appropriate, unless an administrative hold is necessary under a continuing
investigation.
(ii) If the LCB
determines that a recall is appropriate after an investigation, the LCB
notifies the board and requests the board issue a recall. If the board issues a
recall, the LCB notifies the affected licensee that is the source of the issue
giving rise to a recall.
(d)
Recall plans. All licensees
must develop a recall plan within 60 days of the effective date of this section
that sets the procedures the licensee will follow in the event of a recall of
the licensee's product or products under the licensee's control. If a licensee
becomes an affected licensee as part of a recall and the affected licensee
distributed affected product to consumers or to retailers, the affected
licensee must immediately notify all licensees that received affected product,
and issue a press release and other appropriate public notification to inform
consumers of the recall and identifying information about the affected product
recalled.
(i) A recall plan must include, at a
minimum, the following:
(A) Designation of a
member of the licensee's staff who serves as the licensee's recall
coordinator;
(B) Procedures for
identifying and isolating product to prevent or minimize its distribution to
consumers;
(C) Procedures to
retrieve and destroy product; and
(D) A communications plan to notify those
affected by the recall, including:
(I) How the
affected licensee will notify other licensees in possession of product subject
to the recall; and
(II) The use of
press releases and other appropriate notifications to ensure consumers are
notified of the recall and affected product information if the affected product
was distributed to consumers.
(ii) A recall must follow the procedures
outlined in the recall plan unless otherwise agreed by the LCB and the
licensee. The affected licensee must ensure recall procedures are conducted to
maximize recall of affected product and minimize risks to consumers.
(e)
Destruction of affected
product. An affected licensee must coordinate destruction of affected
product with the local LCB enforcement officer and allow LCB enforcement to
oversee the destruction of affected product recalled to ensure the destruction
of affected product that poses risks to consumers.
(f)
Recall reports and audit.
The affected licensee must track the total amount of affected product and the
amount of affected product returned to the affected licensee as part of the
recall effort. The affected licensee must report to the LCB periodically on the
progress of the recall efforts. The periodic reports must occur at a minimum of
once a week or as otherwise specified and agreed to by the LCB and the affected
licensee in the recall plan.
(g)
Recall closure. If the LCB determines that the recall efforts are
successful and risks to public health and safety are no longer present, the LCB
may recommend closure of the recall to the board.
(4)
Board-directed recall.
(a) Upon the recommendation by the LCB
enforcement division, the board may issue a directed recall if:
(i) The affected licensee does not comply
with a recall under subsection (3) of this section;
(ii) The affected licensee does not comply
with the recall plan or recall reporting requirements under subsection (3) of
this section; or
(iii) The LCB
enforcement division determines that affected product may be diverted or is
being diverted from the licensed business, or another circumstance that makes
the affected licensee's destruction of the product inadvisable or a risk to
consumers.
(b) If the
board issues a directed recall, the LCB will notify consumers of the recall and
all licensees that may possess product affected by the recall if notice has not
yet occurred.
(c) Under a directed
recall, the LCB enforcement division may seek an order for destruction of the
affected product from the board.
(i) If the
board issues an order for destruction, the LCB enforcement division may seize
and conduct the destruction of affected product.
(ii) An order for destruction will include
notice to the licensee and opportunity for hearing before destruction, unless
there is evidence of an immediate danger to public health, safety, or welfare
to justify an immediate order for destruction, with an opportunity for an
expedited hearing after the destruction.
(d) If a destruction order is issued and the
LCB seizes product affected by the recall and conducts the destruction of the
product, the affected licensee may be responsible for reimbursing the LCB for
costs associated with product destruction.
(e) If the board finds that an immediate
danger to the public health, safety, or welfare requires immediate LCB action,
a licensee may also be subject to summary suspension under RCW
66.08.150(4).
(5) The
LCB will maintain a recall web page on its website of all current and closed
recalls of record.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.