CHAPTER 16-309 WAC
Cannabis Testing Laboratory Quality Standards
Overview of Rule Making
On April 17, 2024, the department adopted rules establishing the Cannabis Laboratory Accreditation Standards Program in chapter 16-309 WAC, which includes:
1. Creating education and training requirements for laboratory personnel, which depend on position, or testing responsibilities (WAC 16-309-050 through WAC 16-309-080).
2. Requiring standard operating procedure (SOP) criteria for all laboratory testing (WAC 16-309-090).
3. Requiring sampling and homogenization protocols for sample preparation (WAC 16-309-100).
4. Requiring security and safety protocols for the laboratory and for the laboratory staff (WAC 16-309-110).
5. Requiring the use of quality control and assurance protocols for laboratory testing (WAC 16-309-120).
6. Establishing facilities and equipment maintenance criteria for the laboratory (WAC 16-309-130).
7. Establishing method performance criteria for laboratory testing (WAC 16-309-140).
8. Establishing quality control and method performance criteria specific to each required test: water activity testing; cannabinoid concentration analysis; foreign matter inspection; microbiological testing; residual solvent testing; mycotoxin testing; pesticide testing; and heavy metals testing (WAC 16-309-140 through WAC 16-309-210).
9. Establishing required standardized testing procedures for cannabinoid concentration analysis, residual solvents testing, and heavy metals testing. (WAC 16-309-160, WAC 16-309-190, and WAC 16-309-220).
10. Establishing quality control and method performance criteria for analyte testing outside of product testing requirements as established by the LCB (WAC 16-309-230).
11. Creating laboratory computers and information system requirements (WAC 16-309-240).
12. Establishing method validation criteria for laboratory testing (WAC 16-309-2640).
13. Establishing a process by which laboratories can submit their own methods for approval. (WAC 16-309-250)
14. Establishing minimum proficiency testing standards for laboratories (WAC 16-309-270).
15. Establishing certificate of analysis (CoA) report requirements (WAC 16-309-280).
16. Establishing procurement protocols for the selection and purchasing of services and supplies for the laboratory (WAC 16-309-290).
17. Establishing sample subcontracting requirements for third party services (WAC 16-309-300).
Effective Date: May 18, 2024
Along with the establishment of this new chapter of WAC, the department also adopted a policy statement delaying the enforcement on the requirements of this chapter through December 31, 2024. The policy statement can be found in the link below.
Notices Published in State Register and Related Documents
| Document | Filed | Published | WSR Number |
|---|---|---|---|
| AES-24-0001 Policy Statement Delaying Enforcement | 04/17/2024 | 05/01/2024 | 24-09-081 |
| Concise Explanatory Statement | N/A | N/A | N/A |
| CR-103 and adopted rule language | 04/17/2024 | 05/01/2024 | 24-09-079 |
| Supplemental CR-102 with proposed rule language | 02/21/2024 | 03/20/2024 | 24-05-079 |
| Initial Public Comment Summary & Response | N/A | N/A | N/A |
| CR-102 with proposed rule language | 11/20/2023 | 12/06/2023 | 23-23-145 |
| CR-101 | 01/10/2023 | 02/01/2023 | 23-03-045 |
Public Hearing Information
The department held public hearings to receive information and comments regarding the proposed amendments on:
| Date: | April 9, 2024 |
|---|---|
| Time: | 1:00 PM |
| Location: | Microsoft Teams meeting Join by link. Meeting ID: 275 870 779 25 Passcode: 49xZ8h Or Join by phone: +1 564-999-2000 Phone Conference ID: 590 850 398# |
| Date: | December 28, 2023 |
|---|---|
| Time: | 11:00 AM |
| Location: | Microsoft Teams Meeting: Join by link: Join by phone: (audio only) +1 564-999-2000 Phone Conference ID: 698 814 391# |
Submitting Written Comments
Written comments were to be submitted using one of the following:
By mail:Gloriann Robinson, Agency Rules Coordinator
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By fax: (360) 902-2092
By email: wsdarulescomments@agr.wa.gov
Written comments were due no later than 5:00 PM April 9, 2024.
Agency Personnel Responsible for Rule Amendments
Please contact Trecia Ehrlich to discuss implementation and enforcement of the adopted rule.
By mail:
Trecia Ehrlich, Cannabis Program Manager
Agricultural & Environmental Services Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By email: tehrlich@agr.wa.gov