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68.64.180 | Declarations or advance health care directives—Conflicts with medical suitability measures. | (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Advance health care directive" means a power of attorney for health care or a "directive" as defined in RCW 70.122.020 . (b) "Declaration" means a record signed by a prospective donor specifying the ... |
68.64.190 | Coroner or medical examiner—Duties. | (1)(a) A coroner or medical examiner shall cooperate with procurement organizations, to the extent that such cooperation does not prevent, hinder, or impede the timely investigation of death, to facilitate the opportunity to recover anatomical gifts for the purpose of transplantation or therapy. However, a coroner or m... |
68.64.200 | Organ and tissue donor registry. | (1) The department of licensing shall electronically transfer all information that appears on the front of a driver's license or identicard including the name, gender, date of birth, and most recent address of any person who obtains a driver's license or identicard and volunteers to donate organs or tissue upon death t... |
68.64.210 | Organ and tissue donation awareness account. | (1) The organ and tissue donation awareness account is created in the custody of the state treasurer. All receipts from donations made under RCW 46.16A.090 (2), and other contributions and appropriations specifically made for the purposes of organ and tissue donor awareness, shall be deposited into the account. Except ... |
68.64.900 | Short title. | This chapter may be cited as the revised uniform anatomical gift act.
[ 2008 c 139 s 1 .] |
68.64.901 | Applicable state laws. | This chapter is subject to the laws of this state governing the jurisdiction of the coroner or medical examiner.
[ 2008 c 139 s 22 .] |
68.64.902 | Uniformity of application and construction—2008 c 139. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2008 c 139 s 23 .] |
68.64.903 | Supersedes, in part, the federal electronic signatures in global and national commerce act. | This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) with respect to electronic signatures and anatomical gifts, but does not modify, limit, or supersede section 101(a) of that act (15 U.S.C. Sec. 7001), or authorize electronic... |
68.70.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Anatomical gift" has the same meaning as provided in RCW 68.64.010 . (2) "Auxiliary aids and services" include, but are not limited to: (a) Qualified interpreters or other effective methods of making aurall... |
68.70.020 | Prohibition of discrimination. | (1) A covered entity may not, solely on the basis of a qualified individual's mental or physical disability: (a) Deem an individual ineligible to receive an anatomical gift or organ transplant; (b) Deny medical or related organ transplantation services, including evaluation, surgery, counseling, and postoperative treat... |
68.70.030 | Enforcement. | (1) Any individual who has been subjected to discrimination in violation of this chapter may initiate a civil action in a court of competent jurisdiction to enjoin further violations and recover the cost of the suit including reasonable attorneys' fees. (2) The court must accord priority on its calendar and expeditious... |
69.04.001 | Statement of purpose. | This chapter is intended to enact state legislation (1) which safeguards the public health and promotes the public welfare by protecting the consuming public from (a) potential injury by product use; (b) products that are adulterated; or (c) products that have been produced under unsanitary conditions, and the purchasi... |
69.04.002 | Introductory. | For the purposes of this chapter, terms shall apply as herein defined unless the context clearly indicates otherwise.
[ 1945 c 257 s 3 ; Rem. Supp. 1945 s 6163-52.] |
69.04.003 | "Federal act" defined. | The term "federal act" means the federal food, drug, and cosmetic act, approved on June 25, 1938. (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.)
[ 1945 c 257 s 4 ; Rem. Supp. 1945 s 6163-53.] |
69.04.004 | "Intrastate commerce." | The term "intrastate commerce" means any and all commerce within the state of Washington and subject to the jurisdiction thereof; and includes the operation of any business or service establishment.
[ 1945 c 257 s 5 ; Rem. Supp. 1945 s 6163-54.] |
69.04.005 | "Sale." | The term "sale" means any and every sale and includes (1) manufacture, processing, packing, canning, bottling, or any other production, preparation, or putting up; (2) exposure, offer, or any other proffer; (3) holding, storing, or any other possessing; (4) dispensing, giving, delivering, serving, or any other supplyin... |
69.04.006 | "Director." | The term "director" means the director of the department of agriculture of the state of Washington and his or her duly authorized representatives.
[ 2012 c 117 s 328 ; 1945 c 257 s 7 ; Rem. Supp. 1945 s 6163-56.]
Director of agriculture, general duties: Chapter 43.23 RCW. |
69.04.007 | "Person." | The term "person" includes individual, partnership, corporation, and association.
[ 1945 c 257 s 8 ; Rem. Supp. 1945 s 6163-57.] |
69.04.008 | "Food." | The term "food" means (1) articles used for food or drink for people or other animals, (2) bottled water, (3) chewing gum, and (4) articles used for components of any such article.
[ 1992 c 34 s 2 ; 1945 c 257 s 9 ; Rem. Supp. 1945 s 6163-58.]
Severability — 1992 c 34: See note following RCW 69.07.170 . |
69.04.009 | "Drugs." | The term "drug" means (1) articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease ... |
69.04.010 | "Device." | The term "device" (except when used in RCW 69.04.016 and in RCW * 69.04.040 (10), ** 69.04.270 , 69.04.690 , and in RCW 69.04.470 as used in the sentence "(as compared with other words, statements, designs, or devices, in the labeling)") means instruments, apparatus, and contrivances, including their components, parts ... |
69.04.011 | "Cosmetic." | The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such artic... |
69.04.012 | "Official compendium." | The term "official compendium" mean the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them.
[ 1945 c 257 s 13 ; Rem. Supp. 1945 s 6163-62.] |
69.04.013 | "Label." | The term "label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or... |
69.04.014 | "Immediate container." | The term "immediate container" does not include package liners.
[ 1945 c 257 s 15 ; Rem. Supp. 1945 s 6163-64.] |
69.04.015 | "Labeling." | The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.
[ 1945 c 257 s 16 ; Rem. Supp. 1945 s 6163-65.]
Crimes relating to labeling: Chapter 9.16 RCW, RCW 69.40.055 . |
69.04.016 | "Misleading labeling or advertisement," how determined. | If any article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account (among other things) not only representations made or suggested... |
69.04.017 | "Antiseptic" as germicide. | The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involve... |
69.04.018 | "New drug" defined. | The term "new drug" means (1) any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) an... |
69.04.019 | "Advertisement." | The term "advertisement" means all representations, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.
[ 1945 c 257 s 20 ; Rem. Supp. 1945 s 6163-69.] |
69.04.020 | "Contaminated with filth." | The term "contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
[ 1945 c 257 s 21 ; Rem. Supp. 1945 s 6163-70.] |
69.04.040 | Prohibited acts. | The following acts and the causing thereof are hereby prohibited: (1) The sale in intrastate commerce of any drug, device, or cosmetic that is adulterated or misbranded. (2) The adulteration or misbranding of any drug, device, or cosmetic in intrastate commerce. (3) The receipt in intrastate commerce of any drug, devic... |
69.04.050 | Remedy by injunction. | (1) In addition to the remedies hereinafter provided the director is hereby authorized to apply to the superior court of Thurston county for, and such court shall have jurisdiction upon prompt hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision o... |
69.04.060 | Criminal penalty for violations. | Except as otherwise provided in this chapter, any person who violates any provision of RCW 69.04.040 is guilty of a misdemeanor and shall on conviction thereof be subject to the following penalties: (1) A fine of not more than two hundred dollars; or (2) If the violation is committed after a conviction of such person u... |
69.04.070 | Additional penalty. | Notwithstanding the provisions of RCW 69.04.060 , a person who violates RCW 69.04.040 with intent to defraud or mislead is guilty of a misdemeanor and the penalty shall be imprisonment for not more than ninety days, or a fine of not more than one thousand dollars, or both such imprisonment and fine.
[ 2003 c 53 s 315 ;... |
69.04.080 | Avoidance of penalty. | No person shall be subject to the penalties of RCW 69.04.060 : (1) For having violated RCW 69.04.040 (3), if he or she establishes that he or she received and sold such article in good faith, unless he or she refuses on request of the director to furnish the name and address of the person in the state of Washington fro... |
69.04.090 | Liability of disseminator of advertisement. | No publisher, radio broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to the penalties of RCW 69.04.060 by reason of his or her dissemination o... |
69.04.100 | Condemnation of adulterated or misbranded article. | Whenever the director shall find in intrastate commerce an article subject to this chapter which is so adulterated or misbranded that it is unfit or unsafe for human use and its immediate condemnation is required to protect the public health, such article is hereby declared to be a nuisance and the director is hereby a... |
69.04.110 | Embargo of articles. | Whenever the director shall find, or shall have probable cause to believe, that an article subject to this chapter is in intrastate commerce in violation of this chapter, and that its embargo under this section is required to protect the consuming or purchasing public, due to its being adulterated or misbranded, or to ... |
69.04.120 | Procedure on embargo. | When the director has embargoed an article, he or she shall, forthwith and without delay and in no event later than thirty days after the affixing of notice of its embargo, petition the superior court for an order affirming the embargo. The court then has jurisdiction, for cause shown and after prompt hearing to any cl... |
69.04.130 | Petitions may be consolidated. | Two or more petitions under RCW 69.04.120 , which pend at the same time and which present the same issue and claimant hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon application to any court of jurisdiction by the director or by such claimant.
[ 1945 c 257 s 31 ; Rem. ... |
69.04.140 | Claimant entitled to sample. | The claimant in any proceeding by petition under RCW 69.04.120 shall be entitled to receive a representative sample of the article subject to such proceeding, upon application to the court of jurisdiction made at any time after such petition and prior to the hearing thereon.
[ 1945 c 257 s 32 ; Rem. Supp. 1945 s 6163-8... |
69.04.150 | Damages not recoverable if probable cause existed. | No state court shall allow the recovery of damages from administrative action for condemnation under RCW 69.04.100 or for embargo under RCW 69.04.110 , if the court finds that there was probable cause for such action.
[ 1945 c 257 s 33 ; Rem. Supp. 1945 s 6163-82.] |
69.04.160 | Prosecutions. | (1) It shall be the duty of each state attorney, county attorney, or city attorney to whom the director reports any violation of this chapter, or regulations promulgated under it, to cause appropriate proceedings to be instituted in the proper courts, without delay, and to be duly prosecuted as prescribed by law. (2) B... |
69.04.170 | Minor infractions. | Nothing in this chapter shall be construed as requiring the director to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever he or she believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
[ 2012 c 11... |
69.04.180 | Proceedings to be in name of state. | All such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the state of Washington.
[ 1945 c 257 s 36 ; Rem. Supp. 1945 s 6163-85.] |
69.04.370 | Right of access for inspection. | Any officer or employee duly designated by the director shall have access to any factory or establishment, the operator of which holds a permit from the director, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground... |
69.04.410 | Drugs—Adulteration by harmful substances. | A drug or device shall be deemed to be adulterated (1) if it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious... |
69.04.420 | Drugs—Adulteration for failure to comply with compendium standard. | If a drug or device purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium, it shall be deemed to be adulterated. Such determination as to strength, quality or pu... |
69.04.430 | Drugs—Adulteration for lack of represented purity or quality. | If a drug or device is not subject to the provisions of RCW 69.04.420 and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess, it shall be deemed to be adulterated.
[ 1945 c 257 s 61 ; Rem. Supp. 1945 s 6163-110.] |
69.04.440 | Drugs—Adulteration by admixture or substitution of ingredients. | A drug shall be deemed to be adulterated if any substance has been (1) mixed or packed therewith so as to reduce its quality or strength or (2) substituted wholly or in part therefor.
[ 1945 c 257 s 62 ; Rem. Supp. 1945 s 6163-111.] |
69.04.450 | Drugs—Misbranding by false labeling. | A drug or device shall be deemed to be misbranded if its labeling is false or misleading in any particular.
[ 1945 c 257 s 63 ; Rem. Supp. 1945 s 6163-112. Prior: 1923 c 36 s 2 ; 1907 c 211 s 4 .] |
69.04.460 | Packaged drugs—Misbranding. | If a drug or device is in package form, it shall be deemed to be misbranded unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: PROVIDED, That und... |
69.04.470 | Drugs—Misbranding by lack of prominent label. | A drug or device shall be deemed to be misbranded if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) an... |
69.04.480 | Drugs—Misbranding for failure to state content of habit forming drug. | A drug or device shall be deemed to be misbranded if it is for use by human beings and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, beta eucaine, bromal, cannabis, as that term is defined in RCW 69.50.101 , carbromal, chloral, coca, cocaine, codeine, heroin, morphine, opiu... |
69.04.490 | Drugs—Misbranding by failure to show usual name and ingredients. | If a drug is not designated solely by a name recognized in an official compendium it shall be deemed to be misbranded unless its label bears (1) the common or usual name of the drug, if such there be; and (2), in case it is fabricated from two or more ingredients, the common or usual name of each active ingredient, inc... |
69.04.500 | Drugs—Misbranding by failure to give directions for use and warnings. | A drug or device shall be deemed to be misbranded unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or applicati... |
69.04.510 | Drugs—Misbranding for improper packaging and labeling. | A drug or device shall be deemed to be misbranded if it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: PROVIDED, That the method of packing may be modified with the consent of the director, as permitted under section 502(g) of th... |
69.04.520 | Drugs—Misbranding for failure to show possibility of deterioration. | If a drug or device has been found by the secretary of agriculture of the United States to be a drug liable to deterioration, it shall be deemed to be misbranded unless it is packaged in such form and manner, and its label bears a statement of such precautions, as required in an official compendium or by regulations pr... |
69.04.530 | Drugs—Misbranding by misleading representation. | A drug shall be deemed to be misbranded if (1) its container is so made, formed, or filled as to be misleading; or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug; or (4) if it is dangerous to health when used in the dosage, or with the frequency or duration pr... |
69.04.540 | Drugs—Misbranding by sale without prescription of drug requiring it. | A drug or device shall be deemed to be misbranded if it is a drug which by label provides, or which the federal act or any applicable law requires by label to provide, in effect, that it shall be used only upon the prescription of a physician, dentist, or veterinarian, unless it is dispensed at retail on a written pres... |
69.04.550 | Drugs exempt if in transit for completion purposes. | A drug or device which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling and packaging requirements of this chapter, whi... |
69.04.560 | Dispensing of certain drugs exempt. | A drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such drug, and (2) suc... |
69.04.565 | DMSO (dimethyl sulfoxide) authorized. | Notwithstanding any other provision of state law, DMSO (dimethyl sulfoxide) may be introduced into intrastate commerce as long as (1) it is manufactured or distributed by persons licensed pursuant to chapter 18.64 RCW or chapter 18.92 RCW, and (2) it is used, or intended to be used, in the treatment of human beings or ... |
69.04.570 | Introduction of new drug. | Except as permitted by chapter 69.77 RCW, no person shall introduce or deliver for introduction into intrastate commerce any new drug which is subject to section 505 of the federal act unless an application with respect to such drug has become effective thereunder. No person shall introduce or deliver for introduction ... |
69.04.580 | Application for introduction. | An application under RCW 69.04.570 shall be filed with the director, and subject to any waiver by the director, shall include (1) full reports of investigations which have been made to show whether or not the drug, subject to the application, is safe for use under the conditions prescribed, recommended, or suggested in... |
69.04.590 | Effective date of application. | An application filed under RCW 69.04.570 shall become effective on the sixtieth day after the filing thereof, unless the director (1) makes such application effective prior to such day; or (2) issues an order with respect to such application pursuant to RCW 69.04.600 .
[ 1945 c 257 s 77 ; Rem. Supp. 1945 s 6163-126.] |
69.04.600 | Denial of application. | If the director finds, upon the basis of the information before him or her and after due notice and opportunity for hearing to the applicant, that the drug, subject to the application, is not safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof, he or she shall, prior to such ... |
69.04.610 | Revocation of denial. | An order refusing to permit an application under RCW 69.04.570 to become effective may be suspended or revoked by the director, for cause and by order stating the findings upon which it is based.
[ 1945 c 257 s 79 ; Rem. Supp. 1945 s 6163-128.] |
69.04.620 | Service of order of denial. | Orders of the director issued under RCW 69.04.600 shall be served (1) in person by a duly authorized representative of the director or (2) by mailing the order by registered mail addressed to the applicant or respondent at his or her address last known to the director.
[ 2012 c 117 s 340 ; 1945 c 257 s 80 ; Rem. Supp. ... |
69.04.630 | Drug for investigational use exempt. | A drug shall be exempt from the operation of RCW 69.04.570 which is intended, and introduced or delivered for introduction into intrastate commerce, solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs and which is plainly labeled "For investigatio... |
69.04.640 | Court review of denial. | The superior court of Thurston county shall have jurisdiction to review and to affirm, modify, or set aside any order issued under RCW 69.04.600 , upon petition seasonably made by the person to whom the order is addressed and after prompt hearing upon due notice to both parties.
[ 1945 c 257 s 82 ; Rem. Supp. 1945 s 61... |
69.04.650 | Dispensing of certain drugs exempt. | A drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such drug, and (2) suc... |
69.04.660 | Federally licensed drugs exempt. | The provisions of RCW 69.04.570 shall not apply to any drug which is licensed under the federal virus, serum, and toxin act of July 1, 1902; or under the federal virus, serums, toxins, antitoxins, and analogous products act of March 4, 1913.
[ 1945 c 257 s 84 ; Rem. Supp. 1945 s 6163-133.] |
69.04.670 | Cosmetics—Adulteration by injurious substances. | A cosmetic shall be deemed to be adulterated (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under such conditions of use as are customary or usual: PROVIDED, That this provision shall not apply ... |
69.04.680 | Cosmetics—Misbranding by false label, etc. | A cosmetic shall be deemed to be misbranded (1) if its labeling is false or misleading in any particular; or (2) if in package form, unless it bears a label containing (a) the name and place of business of the manufacturer, packer, or distributor; and (b) an accurate statement of the quantity of the contents in terms o... |
69.04.690 | Cosmetics—Misbranding by lack of prominent label. | A cosmetic shall be deemed to be misbranded (1) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and ... |
69.04.700 | Cosmetics exempt if in transit for completion purposes. | A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling requirements of this chapter, while it is in transit ... |
69.04.710 | Advertisement, when deemed false. | An advertisement of a drug, device, or cosmetic shall be deemed to be false, if it is false or misleading in any particular.
[ 2018 c 236 s 602 ; 1945 c 257 s 89 ; Rem. Supp. 1945 s 6163-138.] |
69.04.720 | Advertising of cure of certain diseases deemed false. | 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, m... |
69.04.730 | Enforcement, where vested—Regulations. | 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 prom... |
69.04.740 | Regulations to conform with federal regulations. | 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 a... |
69.04.750 | Hearings. | 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.] |
69.04.761 | Hearing on proposed regulation—Procedure. | 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 .] |
69.04.770 | Review on petition prior to effective date. | 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 ... |
69.04.780 | Investigations—Samples—Right of entry—Verified statements. | 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 articl... |
69.04.790 | Owner may obtain part of sample. | 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 regulat... |
69.04.800 | Access to records of other agencies. | 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.] |
69.04.810 | Access to records of intrastate carriers. | 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... |
69.04.820 | Right of entry to factories, warehouses, vehicles, etc. | 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... |
69.04.830 | Publication of reports of judgments, orders and decrees. | 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.] |
69.04.840 | Dissemination of information. | 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, r... |
69.04.850 | Construction—1945 c 257. | 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. ... |
69.04.860 | Effective date of chapter—1945 c 257. | 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 conduc... |
69.04.880 | Civil penalty. | 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 t... |
69.05.010 | Definitions. | 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 at... |
69.05.020 | Sales of cosmetics tested on animals—Prohibited. | 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 .] |
69.05.030 | Sales of cosmetics tested on animals—Exception to prohibition. | 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... |
69.05.040 | Sales of cosmetics tested on animals—Prohibition application. | 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) A... |
69.05.050 | Preemption. | 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 .] |
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