WWI News

WWI testified before the Washington State Liquor and Cannabis Board January 17 on rulemaking we’ve engaged in over 2023 pertaining to alcohol to go/outdoor seating and MAST 13 rules initiated from the passage of SB 5448 in last year’s legislative session.

We are using this rulemaking opportunity to push hard for updated rules that will modernize outdoor seating/service for all on-premises liquor licensees and increased allowances for MAST 13 (18-20 year old) workers.

These include:

-Improvements and changes to the rules that will ensure all on-premises licensees are clearly authorized to utilize more modern, barrier-free outdoor alcohol service.

-Streamline outdoor service rules so instead of two, complex sets of rules (public vs privately owned areas) all licensees are given one simple-to-understand-and-implement flexible rules based on each business’ desired approach to setting up their outdoor service area.

-Allow Class 13 MAST permit holders, in areas not restricted to minors, to open and pour wine and beer from bottles or cans, away from the table in the same manner they are permitted to do so at the table.

We have met with all three WSLCB Board Members as well as WSLCB licensing and policy staff advocating for these improvements to our outdoor service and MAST 13 rules. We are making some progress, and we remain hopeful of final outcomes that truly do modernize the rules. We will keep our members apprised of this work as it continues forward.

Starting January 1, 2024, the California Beverage Container Recycling Program will expand to include wine and distilled spirits. The California Beverage Container Recycling and Litter Reduction Act, known as the California Bottle Bill, will require updated labels for all wine bottles which include recycle value messaging and some sort of state identification. The program will also require bottles refunds, mandatory recycling and reporting.

Even out-of-state wineries that sell wine in California must register for the program. If the winery sells through a wholesaler, then the process starts with the wholesaler. If the winery sells DtC, then the bottle bill states that the direct shipper permit holder is considered the beverage manufacturer and distributor.

– California-Based: California wineries and distilleries, and importers of wine or spirits into California, will need to register as a “beverage manufacturer.” They will also need to register as a “distributor” if they sell to retailers (whether on-sale or off-sale), restaurants, bars, or directly to consumers.

– Out-of-State: Out-of-state wineries and distilleries with a California Wine Direct Shippers Permit, and that sell directly to California consumers, will need to register as a “beverage manufacturer” and a “distributor.”

Click here to find out what you need to do and for the link to register with CalRecycle as soon as possible for monthly payment and reporting requirements.

Please note there are two different start dates for what the new Bottle Bill requires of your winery.

– CalRecycle Registration and Processing Fee Start Date: January 1, 2024

– CRV Statements on Bottles Start Date: July 1, 2025

The Washington Wine Institute is hosting a webinar with law firm Foster Garvey to cover Bottle Bill requirements for Washington State wineries in January. Please be on the lookout for information on registering for this webinar in your email soon.

Has your winery or tasting room ever been forced to temporarily shut down or in a situation where customers can’t reach your location due to a natural or man-made event? WWI members as well as legislators reached out to us this past year asking if there are any options to help those wineries impacted by such real-life situations this year, and we are taking these inquiries directly to the Washington State Liquor and Cannabis Board (LCB) asking them to partner with us towards a long-term solution for these situational events, including a nearby wildfire, long-term power outage, flooding, gas leak, etc.

The LCB has asked us for help in detailing more examples of when this type of temporary closure took place in past months and years. So, we would like to hear from you! Sharing your experience helps us provide examples to the LCB in helping determine best approaches for a possible solution to provide impacted wineries with an option to temporarily sell wine at a location not of their own production. We appreciate all of your input and your stories will help strengthen our ability to find success in these conversations with LCB.

Message Washington Wine Institute 

The Washington Wine Institute (WWI) submitted comments to the Washington State Liquor and Cannabis Board (LCB) recommending updates to outdoor seating allowances for wineries after SB 5448 was signed into law following the 2023 legislative session. WWI comments to the LCB, which is a part of the larger rulemaking effort taking place now to implement SB 5448, focuses on changes to WAC 314-03-205 that currently allows on-premise licensees to have access to demarcations instead of permanent barriers if seating is located in a public space. These include:

This rulemaking work is in the first phase of the LCB’s process, known as a CR 101, and we expect to work directly with their team on rule language up to the next step in the process (CR 102) when draft rule language is released for comment. We will keep our members informed on how this work is coming along and opportunities to provide comment on the draft rules when that window of time opens this fall.

The Washington State Liquor and Cannabis Board (LCB) has determined best practices and requirements for cloud storage recordkeeping for all liquor, vapor, tobacco and cannabis licensees. On June 21, 2023, the LCB withdrew CR-101 (Preproposal Statement of Inquiry) WSR 23-04-027 that considered rulemaking to allow cloud storage recordkeeping. After further review, a determination was made that the rule filing was not necessary, and that formal guidance is more appropriate.

All licensees may use digital/electronic formats (i.e., cloud storage) to maintain records that are required to be kept on the licensed premises per Title 314 WAC; if the following requirements are met:

Best Practices:

For questions, please email rules@lcb.wa.gov.

The Washington State Liquor and Cannabis Board (LCB) is considering amending WAC 314-17-015 as necessary to allow Class 13 Mandatory Alcohol Server Training (MAST) permit holders, in areas not restricted to minors, to open and pour beer and wine from bottles or cans, away from the table in the same manner they are permitted to do so at the table. The Washington Wine Institute is engaged in the rulemaking process after submitting a petition in November 2022 to amend 314-17-015.

Preproposal Statement of Inquiry

Withdrawal of a Preproposal Statement of Inquiry

WAC 314-17-015

In conjunction with this rulemaking, the LCB is also considering creating new rule sections in Title 314 WAC as necessary to implement SSB 5448, chapter 279, Laws of 2023. SSB 5448 currently allows wine delivery and takeout privileges.

Notice of Pre-Proposal Statement of Inquiry

Memorandum

CR 101 filed as WSR 23-15-116 on July 19, 2023

LCB Rulemaking Activity Page

The LCB encourages your input about this rulemaking. Please send your comments to the LCB through mail, email, or fax by August 21, 2023. Proposed rules are anticipated to be filed on or after September 12, 2023, following collaborative rule development.

Updated heat protections for outdoor workers go into effect July 17, 2023

Washington is one of only a few states with heat protections for outdoor workers, having first put rules in place in 2008. This week, the Washington State Department of Labor & Industries (L&I) filed a formal update to those rules, expanding existing requirements to keep workers safe.

“Excessive heat is a real concern when it comes to worker safety. Heat-related illness can strike quickly, and in some cases, be deadly,” said L&I Director Joel Sacks. “Our climate is changing, and these updates to our state heat rules are a major step forward in protecting workers.”

The last two summers L&I enacted temporary emergency heat rules to supplement existing worker protections. These new permanent rules take effect July 17, and the requirements will be in place year-round. 

New protections involving shade, cool-down rest periods, and monitoring workers

The rules lower the temperature at which action is required to 80°F for most outdoor work. Temperature-based action levels apply to specific portions of the rule such as drinking water and shade, and include specifics on when and how much shade must be provided.

Workers must be allowed to take preventative cool-down periods as needed to prevent overheating. Employers must follow high-heat procedures that require close observation of workers and mandatory cool-down periods of 10 minutes every two hours when the temperature reaches 90°F, and 15 minutes every hour at 100°F.

The updated permanent rules also add requirements for acclimatization and exposure to high heat. Under these requirements, which address the need to adapt to working in the heat over time, employers must closely observe all workers during heat waves and any worker who is newly assigned to working in the heat or returning from an absence of up to 14 days.

Under the rules, employers must also update their outdoor heat exposure safety programs, and train workers and supervisors on the plan and the new requirements. L&I is developing model outdoor heat exposure safety programs and training materials to help employers implement these requirements.

“Outdoor workers can suffer serious health effects from the summer heat,” said Craig Blackwood, assistant director for L&I’s Division of Occupational Safety and Health. “But, with water, shade, and rest among other protections, employers and workers can prevent the worst effects of heat exposure and reduce traumatic injuries like falls. These updates will require employers to be more proactive.”

To learn more about the updated outdoor heat exposure rules and learn ways to protect workers from heat-related illness, visit L&I’s Heat Smart web page.