(1) In addition to the requirements administered by the board under chapter 69.50 RCW, the department shall regulate cannabis-infused edible processing the same as other food processing under this chapter, except:

(a) The department shall not consider foods containing cannabis to be adulterated when produced in compliance with chapter 69.50 RCW and the rules adopted by the board;

(b) Initial issuance and renewal for an annual cannabis-infused edible endorsement in lieu of a food processing license under RCW 69.07.040 must be made through the business licensing system under chapter 19.02 RCW;

(c) Renewal of the endorsement must coincide with renewal of the endorsement holder’s cannabis processor license;

(d) The department shall adopt a penalty schedule specific to cannabis processors, which may have values equivalent to the penalty schedule adopted by the board. Such penalties are in addition to any penalties imposed under the penalty schedule adopted by the board; and

(e) The department shall notify the board of violations by cannabis processors under this chapter.

(2) A cannabis processor that processes, packages, or makes cannabis-infused edibles must obtain an annual cannabis-infused edible endorsement, as provided in this subsection (2).

(a) The cannabis processor must apply for issuance and renewal for the endorsement from the department through the business licensing system under chapter 19.02 RCW.

(b) The cannabis processor must have a valid cannabis processor license before submitting an application for initial endorsement. The application and initial endorsement fees total eight hundred ninety-five dollars. Applicants for endorsement otherwise must meet the same requirements as applicants for a food processing license under this chapter including, but not limited to, successful completion of inspection by the department.

(c) Annual renewal of the endorsement must coincide with renewal of the endorsement holder’s cannabis processor license. The endorsement renewal fee is eight hundred ninety-five dollars.

(d) A cannabis processor must obtain a separate endorsement for each location at which the cannabis processor intends to process cannabis-infused edibles. Premises used for cannabis-infused edible processing may not be used for processing food that does not use cannabis as an ingredient, with the exception of edibles produced solely for tasting samples or internal product testing.

(3) The department may deny, suspend, or revoke a cannabis-infused edible endorsement on the same grounds as the department may deny, suspend, or revoke a food processor’s license under this chapter.

(4) Information about processors otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department.

Intent—Finding—2022 c 16: See note following RCW 69.50.101.

Effective date—2017 c 138 § 4: “Section 4 of this act takes effect April 1, 2018.” [ 2017 c 138 § 6.]