314-55-550 - Marijuana vapor products

314-55-550. Marijuana vapor products

(1) The purpose of this section is to:

(a) Support and further the protection of public health and prevention of youth access consistent with RCW 69.50.-101(xx).

(b) Mitigate the risks to public health and youth access by prohibiting the use of any additive, solvent, ingredient, or compound in marijuana vapor product production and processing when appropriate, consistent with RCW 69.50.342(1)(m).

(c) Mitigate the risks to public health and youth access by prohibiting any device used in conjunction with a marijuana vapor product when appropriate, consistent with RCW 69.50.342(1)(n).

(2) Procedure for prohibited substances.

(a) The board may prohibit any type of device used in conjunction with a marijuana vapor product, and may prohibit the use of any type of additive, solvent, ingredient, or compound in the production of marijuana vapor products that may pose a risk to public health or youth access.

(b) The board may consider, following consultation with the department of health or other authority the board deems appropriate, any relevant data when determining whether a device, additive, solvent, ingredient or compound may pose a risk to public health or youth access including, but not limited to:

(i) Case report data;

(ii) Other local, state and federal agency findings, reports, etc.;

(iii) A product or substance that is the subject of a recall under WAC 314-55-225;

(iv) Any other information sourced and confirmed from reliable entities.

(c) The board may prohibit the use of a product or substance by adoption of emergency or permanent rules. The board will provide notices of rule making consistent with the requirements of chapter 34.05 RCW.

(d) The board will maintain a list of prohibited substances prohibited by permanent or emergency rules on its website.

(e) The list of prohibited substances will be reviewed on an annual basis.

(f) Prohibited substances may be removed from the list of prohibited substances if the board determines, after a review consistent with (b)(i) through (iv) of this subsection, that it no longer poses a risk to public health or youth access.

(Adopted by WSR 21-05-075, Filed 2/17/2021, effective 3/20/2021)

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