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006.02.7-9. Operational Requirements for Cultivation Facilities

AR ADC 006.02.7-9Arkansas Administrative CodeEffective: May 30, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 7. Rules Governing the Oversight of Medical Marijuana Cultivation Facilities, Processors and Dispensaries by the Alcoholic Beverage Control Division
Effective: May 30, 2022
Ark. Admin. Code 006.02.7-9
Formerly cited as AR ADC 006.02.7-8
006.02.7-9. Operational Requirements for Cultivation Facilities
Currentness
9.1 Hours of Operation
a. A cultivation facility may operate 24 hours a day.
b. Cultivation facilities shall not be open to the public. Only the following individuals shall be allowed on the premises.
i. Individuals authorized by law or these rules to be on the premises
ii. Visitors and contractors shall only be present on the property pursuant to rule 9.3 and shall have access to Limited Access Areas pursuant to rule 9.4.
c. A cultivation facility may transport medical marijuana to another cultivation facility, dispensary, processors or approved laboratory between the hours of 7 a.m. and 9 p.m.
9.2 Registry Identification Card Required.
a. Any employee, supervisor, or agent employed by a cultivation facility must have a current Registry Identification Card issued by the Alcoholic Beverage Control Division on their person at all times while present at a cultivation facility.
9.3 Visitor Policy
a. All cultivation facilities shall prepare and keep written policies regarding any visitors to the premises who are not in possession of a registry identification card.
b. All cultivation facilities shall maintain a log of visitors to the premises. The log shall consist of the visitor's name, name of agent assigned to escort the visitor, purpose of visit, time of arrival, and time of departure.
c. Visitor logs shall be maintained for a minimum of three (3) years.
d. All visitors shall be issued a visitor identification tag. The tag shall bear the individual's name and be worn by the visitor for the duration of the individual's time on the premises.
i. Contractors shall be presented with a tag identifying them as contractors.
e. All visitors shall be escorted by a cultivation facility agent at all times while present on the property.
f. A cultivation facility may allow access by visitors to limited access areas of the cultivation facility if:
i. The visitor presents government-issued identification;
ii. The visitor is not under twenty-one (21) years of age; and
iii. The visitor has been invited to the facility by an employee of the facility or management of the cultivation facility.
g. Contractors
i. If it is necessary for a contractor to enter a cultivation facility to conduct repairs, perform maintenance or other specific duties on the property they may be escorted to their work site and left unaccompanied while completing a job. If the contractor is left unattended, cultivation facility personnel shall ensure the contractor and area under repair are under video surveillance for the duration of the contractor's time spent on the premises.
ii. If it is necessary for a contractor to enter a cultivation facility's limited access area the contractor shall be escorted to their work site and must remain in the company of a cultivator's agent while the work is being completed. The contractor may be left unattended, in the limited access area, if there is no marijuana or marijuana products being stored in the area while the contractor is present. If left unattended, cultivator's agent shall ensure the contractor and area are under video surveillance for the duration of the contractor's time spent on the premises.
iii. If a contractor is required on the premises for more than two (2) consecutive days, the cultivation facility shall notify the division of the contractor's identity and purpose for being on the premises.
9.4 Limited Access Areas
a. Cultivation Facilities shall limit access to areas where marijuana is grown, harvested, processed, and stored to authorized personnel.
i. Signage
1. Limited Access areas shall be clearly marked
ii. Controlled Access
1. Limited Access areas shall be locked and accessible only by authorized personnel, individuals authorized by law, members of the Division or Enforcement, laboratory personnel licensed by the Department to conduct required testing and contractors.
2. Cultivation facilities shall keep current rosters of personnel authorized to enter limited access areas.
9.5 General Sanitation Requirements for Cultivation Facilities
a. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with Medical Marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.
b. Cultivation Facilities shall maintain hand-washing areas that are adequate and convenient to agents. Hand washing or sanitizing areas shall include running water at a suitable temperature and a sanitary towel service or suitable drying device.
c. Licensees shall ensure any person working in direct contact with Medical Marijuana shall:
i. Maintain adequate personal cleanliness;
ii. Wash hands and exposed portions of his or her arms thoroughly in an adequate hand-washing area before starting work and at any other time when the hands may have become soiled or contaminated, including but not limited to:
1. Any time after handling possibly soiled equipment or utensils.
2. After leaving the initial room in which he or she was working, and before resuming work in any room, including the initial room.
d. Litter and waste shall be properly removed, and waste disposal systems shall be maintained so that they do not constitute a source of contamination in areas where medical marijuana is exposed.
e. Cultivation facilities shall provide adequate screening against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant or breeding place for pests.
f. Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates, and pesticide chemicals shall be identified, held and stored in a manner that protects against contamination of medical marijuana, and in a manner that is in accordance with any applicable local, state or federal law, rule, regulation or ordinance.
9.6 Material Safety Data Sheet Required.
All cultivation facilities shall maintain a material safety data sheet for any toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana extracts and concentrates, pesticide chemicals, and any other agricultural chemical used or stored on the premises. A copy of the Material Safety Data Sheet shall be kept in any area of the facility where the products are used or stored. Material Safety Data Sheets shall be kept for the period of time required by any applicable state or federal regulation. If a state or federal regulation does not apply to a particular material, the material data sheet shall be kept for a minimum of three (3) years.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-9, AR ADC 006.02.7-9
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