§17221. Weighing Devices and Weighmasters.
(a) A licensee shall use weighing devices approved, tested, and sealed in accordance with the requirements in Business and Professions Code, division 5, chapter 5 (commencing with section 12500) and its implementing regulations, and registered with the county sealer consistent with Business and Professions Code, division 5, chapter 2 (commencing with section 12240) and its implementing regulations whenever:
- Cannabis or cannabis product is bought or sold by weight or count;
- Cannabis or cannabis product is packaged for sale by weight or count;
- Cannabis or cannabis product is weighed or counted for entry into the track and trace system; and
- The weighing device is used for commercial purposes as defined in Business and Professions Code section 12500.
(b) Whenever the licensee is determining the weight, measure, or count of cannabis and cannabis products for the purposes specified in subsection (a), the weight, measure, or count shall be determined by a licensed weighmaster in compliance with the requirements of Business and Professions Code, division 5, chapter 7 (commencing with section 12700).
(c) A licensee shall obtain a weighmaster certificate that complies with the requirements of Business and Professions Code, division 5, chapter 7 (commencing with section 12700) whenever:
- Payment for the cannabis or cannabis product is dependent upon the quantity determined by the weighmaster; or
- Payment for service or processing of the cannabis or cannabis product is dependent upon the quantity determined by the weighmaster.
(d) The weighmaster certificate shall not be required when cannabis or cannabis products are weighed or counted for entry into the track and trace system.
(e) In any county in which a county sealer refuses or is not required to approve, register, test, and seal weighing devices used by a licensee, the licensee may have a service agency registered pursuant to Business and Professions Code, division 5, chapter 5.5 perform testing of a weighing device consistent with the requirements in title 4, California Code of Regulations, section 4070. The licensee shall keep a copy of the registered service agency’s written inspection report attesting to the accuracy of the device for each device operated by the licensee.
Authority cited: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5 and 26060, Business and Professions Code.
§17223. Waste Management.
(a) A licensee shall dispose of all waste in accordance with the Public Resources Code and any other applicable state and local laws. It is the responsibility of the licensee to properly evaluate waste to determine if it should be designated and handled as a hazardous waste, as defined in Public Resources Code section 40141.
(b) A licensee shall establish and implement a written cannabis waste management plan that describes the method or methods by which the licensee will dispose of cannabis waste, as applicable to the licensee’s activities. A licensee shall dispose of cannabis waste using only the following methods:
- On-premises composting of cannabis waste.
- Collection and processing of cannabis waste by a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a local agency in conjunction with a regular organic waste collection route.
- Self-haul cannabis waste to one or more of the following:
- A staffed, fully permitted solid waste landfill or transformation facility;
- A staffed, fully permitted composting facility or staffed composting operation;
- A staffed, fully permitted in-vessel digestion facility or staffed in-vessel digestion operation;
- A staffed, fully permitted transfer/processing facility or staffed transfer/processing operation;
- A staffed, fully permitted chip and grind operation or facility; or
- A recycling center as defined in title 14, California Code of Regulations, section 17402.5(d) that meets the following:
- The cannabis waste received shall contain at least ninety (90) percent inorganic material;
- The inorganic portion of the cannabis waste is recycled into new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace; and
- The organic portion of the cannabis waste shall be sent to a facility or operation identified in subsections (b)(3)(A)-(E).
- Reintroduction of cannabis waste back into agricultural operation through on- premises organic waste recycling methods including, but not limited to, tilling directly into agricultural land and no-till farming.
(c) The licensee shall maintain any cannabis waste in a secured waste receptacle or secured area on the licensed premises until the time of disposal. Physical access to the receptacle or area shall be restricted to the licensee, employees of the licensee, the local agency, waste hauler franchised or contracted by the local agency, or private waste hauler permitted by the local agency only. Nothing in this subsection prohibits licensees from using a shared waste receptacle or area with other licensees, provided that the shared waste receptacle or area is secured and access is limited as required by this subsection.
(d) A licensee that disposes of waste through an entity described in subsection (b)(2) shall do all of the following:
- Maintain and make available to the Department upon request the business name, address, contact person, and contact phone number of the entity hauling the waste; and
- Obtain documentation from the entity hauling the waste that evidences subscription to a waste collection service.
(e) If a licensee is self-hauling cannabis waste as allowed by the local jurisdiction, the licensee shall be subject to all of the following requirements:
- Self-hauled cannabis waste shall only be transported by the licensee or its employees;
- Self-hauled cannabis waste shall only be transported to a facility specified in subsection (b)(3); and
- The licensee or its employee who transports the waste shall obtain for each delivery of cannabis waste a copy of a certified weight ticket or receipt from the solid waste facility.
(f) A batch of cannabis or cannabis products that is being disposed of because the batch has failed internal quality testing, quality assurance review by a distributor, or regulatory compliance testing shall comply with the following additional requirements:
- All cannabis or cannabis products in the batch shall be rendered unusable prior to disposal;
- Rendering of the cannabis or cannabis products shall be done under video surveillance, unless the rendering is performed by a licensee engaging in cultivation activities on a licensed premises authorized exclusively for cultivation activities or the cultivation area of a licensed microbusiness premises; and
- The reason for disposal and the disposition of the batch shall be noted in the track and trace system.
Authority: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5 and 26130, Business and Professions Code.
§17225. Product Complaints.
(a) A licensee shall review all product complaints made to the licensee to determine whether the complaints involve possible misbranding or adulteration of a cannabis good, and shall investigate the complaints to the extent practicable based on the information received and the records the licensee is required to maintain.
(b) For purposes of this section, “product complaint” means any written, electronic, or oral communication received by a licensee that contains any allegation expressing concern, for any reason, with the quality of a cannabis good. Examples of product complaints may include, but are not limited to: foul odor, caused illness or injury, foreign material in a cannabis product container, improper packaging, mislabeling, cannabis products that contain an incorrect concentration of cannabinoids, and cannabis products that contain an unidentified ingredient, or any form of contaminant.
(c) The licensee shall maintain written records for every product complaint received and any subsequent investigation. The records shall include:
- The name and description of the cannabis good;
- The batch number or UID of the cannabis good, if available;
- The date the complaint was received and the name, address, and telephone number of the complainant, if available;
- The nature of the complaint including, if known, how the product was used;
- The reply to the complainant, if any;
- The findings of the investigation or follow-up action taken when an investigation is performed;
- The basis for any determination not to conduct an investigation, if applicable; and
- The notification to the licensee that made the cannabis good, if applicable.
(d) The licensee shall conduct a recall, as specified in section 17226, when the investigation evidences adulteration or misbranding.
Authority cited: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26011.5 and 2613126039.6, Business and Professions Code.
§17226. Voluntary Recalls.
(a) Licensees shall establish and implement written procedures for recalling cannabis goods that are determined to be misbranded or adulterated. The recall procedures shall be implemented upon discovery, or notification from the Department, that one or more batches of cannabis goods are adulterated or misbranded. These procedures shall include:
- Factors that necessitate a recall;
- Personnel responsible for implementing the recall procedures;
- Notification protocols, including:
- A mechanism to notify all customers that have, or could have, obtained the cannabis goods, including communication and outreach via media, as necessary and appropriate;
- A mechanism to notify any licensees that supplied or received the recalled cannabis goods; and
- Instructions to the general public and other licensees for the return or destruction of the recalled cannabis goods; and
- Procedures for the collection and destruction of any recalled cannabis goods. These procedures shall meet the following requirements:
- All recalled cannabis goods that are intended to be destroyed shall be quarantined for a minimum of 72 hours, unless a longer holding time is requested by the Department. The licensee shall affix to the recalled cannabis goods any bills of lading, shipping manifests, or other similar documents with the cannabis goods information and weight. The cannabis goods held in quarantine shall be subject to auditing by the Department.
- Following the quarantine period, the licensee shall render the recalled cannabis goods unusable and dispose of them in accordance with section 17223.
(b) In addition to the tracking requirements set forth in section 15049, a licensee shall use the track and trace system and onsite documentation to ensure that recalled cannabis goods intended for destruction are identified, weighed, and tracked while on the licensed premises and when disposed of in accordance with this section. For recalled cannabis goods, the licensee shall enter the following details into the track and trace system: the weight and count of the cannabis goods, reason for destruction, and date the quarantine period will begin.
(c) The licensee shall notify the Department of any recall within 24 hours of initiating the recall.
(d) A licensed manufacturer may submit a corrective action plan to the Department for recalled cannabis goods in accordance with section 17305. If the corrective action plan is not approved by the Department, the cannabis goods shall be destroyed pursuant to the procedures required by subsection (a)(4).
Authority: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26039.1 and 26039.6, Business and Professions Code.
§17227. Mandatory Recalls.
(a) The Department may require licensees to conduct a recall of a cannabis good that is adulterated or misbranded in accordance with Business and Professions Code section 26039.1.
(b) The licensee shall conduct the mandatory recall in the same manner as a voluntary recall as provided in section 17226.
Authority cited: Sections 26013 and 26130, Business and Professions Code.
Reference: Sections 26039.1 and 26039.6, Business and Professions Code.