WSLCB QC Rule Making Update
WSIA is supportive of testing for illegal and disallowed pesticides, however we believe it should be completed at the farm level using third parties rather than self-selected samples from arbitrarily lot sizes.
The WSLCB released a Supplemental CR 102 ‘Proposed Rules for Quality Control Testing and Product Requirements’ on 9/29/20 which can be viewed here: https://lcb.wa.gov/sites/default/files/publications/rules/2020%20Proposed%20Rules/WSR_20-20-040.pdf
Highlights include:
Highlights include:
What should an impacted producer processor do to engage in this rulemaking?
1. Join WSIA at: http://www.washingtonsungrowers.org/membership.html
2. Look at how your business will be impacted. What would it look like if testing costs were $225 or $350 for each lot? Don’t forget to consider the impact COVID19 on the cost of your other ingredients and supplies. How is your business likely to adjust to this increase? (Will you cultivate fewer strains, will you reduce production of low THC strains, will you cease production of low potency concentrates like rosin, hash, & kief, will you shift from a retail model to a wholesale model, will your wholesale model need to shift sale of wet harvest weight and fresh frozen rather than lots?
3. Send written comment to the WSLCB ASAP.
To: rules@lcb.wa.gov; casey.schaufler@lcb.wa.gov; audrey.vasek@lcb.wa.gov; katherine.hoffman@lcb.wa.gov;
CC: russell.hauge@lcb.wa.gov; jane.rushford@lcb.wa.gov; ollie.garrett@lcb.wa.gov; sheri.sawyer@gov.wa.gov
Subject: Comments Supplemental CR 102 QC Quality Control Testing and Product Requirements
Body:
4. Attend the digital public hearing on Wednesday November 18th 2020 at 10:00 am and sign up to provide testimony.
WSIA is supportive of testing for illegal and disallowed pesticides, however we believe it should be completed at the farm level using third parties rather than self-selected samples from arbitrarily lot sizes.
The WSLCB released a Supplemental CR 102 ‘Proposed Rules for Quality Control Testing and Product Requirements’ on 9/29/20 which can be viewed here: https://lcb.wa.gov/sites/default/files/publications/rules/2020%20Proposed%20Rules/WSR_20-20-040.pdf
Highlights include:
- -Increase in flower lot size from 5 lb to 10 lbs.
- -Required pesticide and heavy metal testing of every lot using a phased in approach.
- -Pesticide testing would be required on August 1, 2021
- -Heavy metal testing would be required January 31, 2022
- -Sample size for testing would be 16 grams minimum, regardless of lot size.
- -Disallows remediation for pesticide failures.
- -Required testing of all ingredients in marijuana products.
Highlights include:
- -Estimates the annual cost of compliance for the average producer & processor will be $41,400 based on an assumed cost of testing at $225 per lot and 184 tests being completed each year.
- -Based on interviews with testing labs assuming a 5 lb lot (as was proposed in the first CR 102) testing might cost $165, $225, or $400 per sample.
- -Asserts that consumers will likely bear the cost of these additional tests and that a processors viability would center around their ability to pass increased costs on to the retailer.
- -Statement that whether or not these rules will have a disparate impact on small businesses is unknown.
- -Statement that if increased testing costs lead some smaller entities to cease production, other entities may produce larger volumes thus, the proposed rule is unlikely to affect the overall number of employees of producer/processors.
What should an impacted producer processor do to engage in this rulemaking?
1. Join WSIA at: http://www.washingtonsungrowers.org/membership.html
- We work harder than any other organization to ensure marijuana farmers voices are heard. In recent months we were successful in getting the WSLCB to allow licensee children and grandchildren on premises and getting transportation time limits extended to 7 days due to COVID impacts.
- We currently represent 54 businesses holding more than 100 WSLCB licenses. The more members we have, the more seriously we are taken by the WSLCB when we make comments and requests.
2. Look at how your business will be impacted. What would it look like if testing costs were $225 or $350 for each lot? Don’t forget to consider the impact COVID19 on the cost of your other ingredients and supplies. How is your business likely to adjust to this increase? (Will you cultivate fewer strains, will you reduce production of low THC strains, will you cease production of low potency concentrates like rosin, hash, & kief, will you shift from a retail model to a wholesale model, will your wholesale model need to shift sale of wet harvest weight and fresh frozen rather than lots?
3. Send written comment to the WSLCB ASAP.
To: rules@lcb.wa.gov; casey.schaufler@lcb.wa.gov; audrey.vasek@lcb.wa.gov; katherine.hoffman@lcb.wa.gov;
CC: russell.hauge@lcb.wa.gov; jane.rushford@lcb.wa.gov; ollie.garrett@lcb.wa.gov; sheri.sawyer@gov.wa.gov
Subject: Comments Supplemental CR 102 QC Quality Control Testing and Product Requirements
Body:
- Introduce yourself and your farm.
- Talk about how this rule proposal will impact your business and how you will adjust your business model to remain viable.
- Some additional talking points you might include are:
- -I support testing for illegal and disallowed pesticides, however believe it should be completed as a regular farm-based test with a third party.
- -Pesticide and heavy metal testing should be decoupled from cannabinoid testing. While cannabinoid concentration may vary throughout the plant or lot, the presence or absence of pesticides and heavy metals does not.
- -Combining pesticide testing with the same rules currently in place for cannabinoid concentration is a critically flawed approach.
- -These rules unnecessarily burden small independent craft producers who contribute to the diversity in the industry.
- -The proposed rules fail to significantly increase consumer and employee safety. A system that relies on an honor based self-selected samples presents significant opportunity for abuse.
- -The Small Business Economic Impact Statement (SBEIS) acknowledges the possibility that increased testing cost may “lead some smaller entities to cease production” but fails to mention that these “smaller entities” that “cease production” will be a diverse array of owner-operated craft producers.
- -The SBEIS fails to accurately represent the significant impact these rules will have on small businesses.
- -The WSLCB’s proposed mitigation strategy using a phased in approach does not actually reduce the costs imposed by the rule on small businesses in accordance with RCW 19.85.030.
- -The WSLCB’s proposed rules fail to efficiently accomplish their stated goal, instead they propose testing for pesticides and heavy metals in the most expensive way possible.
- -The WSLCB has not fully explored how the overall market will react to lot level pesticide testing and what “adjustment of business models” will mean to the diversity of products in the market and the unintended consequences this may have on public health.
- -The WSLCB should delay adoption of these rules at this time to dig deeper into the conversation and evaluate the unintended consequences of adopting such complex regulatory change without evaluating them through the lens of equity, effectiveness, and efficiency.
4. Attend the digital public hearing on Wednesday November 18th 2020 at 10:00 am and sign up to provide testimony.