WSLCB Emergency Rules (April 7, 2016)

The Washington State Liquor and Cannabis Board (“WSLCB”) released new guidance this morning related to the testing of certified laboratories working in the I-502 Recreational Cannabis industry. This guidance came in the form of Emergency Rules which shall be in effect from April 6, 2016 to August 4, 2016 as permanent rulemaking is pursued.

 

WAC 314-55-1025 “Proficiency Testing”: This new rule states that certified testing laboratories will now need to perform one round of proficiency testing in each field of testing prior to receiving certification and a minimum of two rounds of proficiency testing per year for each field of testing. If a laboratory fails a proficiency test they must establish a corrective action report and this report must be maintained for three (3) years. A laboratory that fails two out of three consecutive proficiency tests shall have its certification suspended.

 

WAC 314-55-1035 “Laboratory certification — Suspension and revocation”: This new rule details the criteria for suspending or revoking a laboratory’s certification. The reasons for suspension or revocation include violations of WAC 314-55, aiding and abetting violations of WAC 314-55, conviction of a crime related to laboratory procedures and results, etc. The rule then lists violations which will lead to a penalty rather than summarily suspending or revoking the certification. These penalties are tiered and will escalate for repeat offenders.

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