Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                   SECOND SUBSTITUTE HOUSE BILL 2151
                           Chapter 69, Laws of 2024
                               68th Legislature
                             2024 Regular Session
       PRIVATE CANNABIS TESTING LABORATORIES—ACCREDITATION
EFFECTIVE DATE: March 13, 2024—Except for section 2, which takes
                      effect July 1, 2024.
Passed by the House February 12, 2024                CERTIFICATE
  Yeas 96 Nays 1
                                        I, Bernard Dean, Chief Clerk of the
                                        House of Representatives of the
            LAURIE JINKINS              State of Washington, do hereby
Speaker of the House of                 certify that the attached is SECOND
Representatives                         SUBSTITUTE    HOUSE   BILL   2151 as
                                        passed     by     the     House   of
                                        Representatives and the Senate on
                                        the dates hereon set forth.
Passed by the Senate February 28,
2024
  Yeas 49 Nays 0                                     BERNARD DEAN
                                                                    Chief Clerk
              DENNY HECK
President of the Senate
Approved March 13, 2024 2:14 PM                         FILED
                                                    March 14, 2024
                                                Secretary of State
              JAY INSLEE                        State of Washington
Governor of the State of Washington
                       SECOND SUBSTITUTE HOUSE BILL 2151
                   Passed Legislature - 2024 Regular Session
     State of Washington         68th Legislature     2024 Regular Session
     By House Appropriations (originally sponsored by Representatives
     Reeves, Chapman, and Kloba; by request of Department of Agriculture)
     READ FIRST TIME 02/05/24.
1        AN ACT Relating to reassigning the accreditation of private
2    cannabis testing laboratories from the department of ecology to the
3    department of agriculture; reenacting and amending RCW 69.50.348;
4    creating a new section; repealing RCW 43.21A.736; providing an
5    effective date; and declaring an emergency.
 6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
 7       NEW SECTION.   Sec. 1.   (1) By July 1, 2024, the department of
 8   agriculture must, in consultation with the liquor and cannabis board,
 9   adopt rules to implement section 2, chapter 277, Laws of 2019.
10       (2) The department of agriculture is authorized to use expedited
11   rule making as authorized in chapter 34.05 RCW, the administrative
12   procedure act, in order to implement subsection (1) of this section
13   by July 1, 2024.
14       Sec. 2. RCW 69.50.348 and 2022 c 135 s 6 and 2022 c 16 s 68 are
15   each reenacted and amended to read as follows:
16       (1) On a schedule determined by the board, every licensed
17   cannabis producer and processor must submit representative samples of
18   cannabis, useable cannabis, or cannabis-infused products produced or
19   processed by the licensee to an independent, third-party testing
20   laboratory meeting the accreditation requirements established by the
                                       p. 1                    2SHB 2151.SL
 1   state department of ((ecology)) agriculture. The purpose of testing
 2   representative samples is to certify compliance with quality
 3   assurance and product standards adopted by the board under RCW
 4   69.50.342 or the department of health under RCW 69.50.375. In
 5   conducting tests of cannabis product samples, testing laboratories
 6   must adhere to laboratory quality standards adopted by the state
 7   department of agriculture under chapter 15.150 RCW. Any sample
 8   remaining after testing shall be destroyed by the laboratory or
 9   returned to the licensee submitting the sample.
10       (2) Independent, third-party testing laboratories performing
11   cannabis product testing under subsection (1) of this section must
12   obtain and maintain accreditation.
13       (3) Licensees must submit the results of inspection and testing
14   for quality assurance and product standards required under RCW
15   69.50.342 to the board on a form developed by the board.
16       (4) If a representative sample inspected and tested under this
17   section does not meet the applicable quality assurance and product
18   standards established by the board then, except as otherwise provided
19   by the board in rule, the entire lot from which the sample was taken
20   must be destroyed.
21       (5)(((a)))   The  department   of   ((ecology))  agriculture  may
22   determine, assess, and collect annual fees ((sufficient)) to
23   ((cover)) support the direct and indirect costs of implementing a
24   state cannabis product testing laboratory accreditation program and
25   laboratory quality standards program, except for the initial program
26   development costs. ((The department of ecology must develop a fee
27   schedule allocating the costs of the accreditation program among its
28   accredited cannabis product testing laboratories.)) The department of
29   ((ecology)) agriculture may establish a payment schedule requiring
30   periodic installments of the annual fee. ((The fee schedule must be
31   established in amounts to fully cover, but not exceed, the
32   administrative and oversight costs.)) The department of ((ecology))
33   agriculture must review and update its fee schedule biennially. The
34   costs of cannabis product testing laboratory accreditation are those
35   incurred   by   the   department   of   ((ecology))   agriculture  in
36   administering and enforcing the accreditation program. The costs may
37   include, but are not limited to, the costs incurred in undertaking
38   the following accreditation functions:
39       (((i))) (a) Evaluating the protocols and procedures used by a
40   laboratory;
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 1       (((ii))) (b) Performing on-site audits;
 2       (((iii))) (c) Evaluating participation and successful completion
 3   of proficiency testing;
 4       (((iv))) (d) Determining the capability of a laboratory to
 5   produce accurate and reliable test results; and
 6       (((v))) (e) Such other accreditation activities as the department
 7   of ((ecology)) agriculture deems appropriate.
 8       (((b) The state cannabis product testing laboratory accreditation
 9   program initial development costs must be fully paid from the
10   dedicated cannabis account created in RCW 69.50.530.))
11       (6) The department of ((ecology)) agriculture and the interagency
12   coordination team created in RCW 15.150.020 must act cooperatively to
13   ensure effective implementation and administration of this section.
14       (7) All fees collected under this section must be deposited in
15   the dedicated cannabis account created in RCW 69.50.530.
16      NEW SECTION.    Sec. 3.   RCW 43.21A.736 (Cannabis product testing—
17   Fees—Rules) and 2019 c 277 s 5 are each repealed.
18       NEW SECTION.   Sec. 4.   Section 2 of this act takes effect July 1,
19   2024.
20       NEW SECTION. Sec. 5. Sections 1 and 3 of this act are necessary
21   for the immediate preservation of the public peace, health, or
22   safety, or support of the state government and its existing public
23   institutions, and take effect immediately.
         Passed by the House February 12, 2024.
         Passed by the Senate February 28, 2024.
         Approved by the Governor March 13, 2024.
         Filed in Office of Secretary of State March 14, 2024.
                                    --- END ---
                                       p. 3                     2SHB 2151.SL
Statutes affected: 
Original Bill: 43.21A.736
Substitute Bill: 43.21A.736
Second Substitute: 43.21A.736
Bill as Passed Legislature: 43.21A.736
Session Law: 43.21A.736