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006.02.7-11. Operational Requirements for Processors

AR ADC 006.02.7-11Arkansas Administrative CodeEffective: July 16, 2020

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: July 16, 2020
Ark. Admin. Code 006.02.7-11
006.02.7-11. Operational Requirements for Processors
11.1 Hours of Operation
a. A processor may operate 24 hours a day,
b. A processor may transport medical marijuana between licensed facilities between the hours of 7:00 a.m. and 9:00 p.m.
11.2 Registry Identification Card Required
Any employee, supervisor, or agent employed by a processor must have a current registry identification card issued by the Alcoholic Beverage Control Division on their person at all times while present at the processor.
11.3. Access to Processors
a. Only the following individuals shall be allowed to access a processor:
i. Individuals authorized by law and these rules to be on the premises; and
ii. Contractors.
1. If it is necessary for a contractor to enter a processor to conduct repairs, maintenance, or other specific duties on the property, the contractor may be escorted to their work site and left unaccompanied while completing a job. If the contractor is left unattended, processor personnel shall ensure that the contractor and area under repair are under video surveillance for the duration of the contractor's time spent on the premises.
2. If it is necessary for a contractor to enter a processor's limited access area the contractor shall be escorted to their work site and must remain in the company of a processor'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, processor's agent shall ensure the contractor and area are under video surveillance for the duration of the contractor's time spent on the premises.
3. If a contractor is required on the premises for more than two (2) consecutive days, the processor shall notify the Division of the contractor's identity and purpose for being on the premises.
11.4. Limited Access Areas
a. Processors shall limit access to areas where marijuana is manufactured and processed and stored to authorized personnel.
b. Controlled Access
i. Limited Access areas shall be clearly marked “Controlled Access”
ii. 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 contractor to complete repairs.
iii. A processor shall keep current rosters of employees authorized to enter limited access areas.
11.5. General Sanitation Requirements for Processors.
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 and 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. A processor 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. Any person working in direct contact with medical marijuana shall:
i. Maintain adequate personal cleanliness;
ii. Wash hands and exposed 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
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. A processor 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, or ordinance.
11.6. Material Safety Data Sheet Required
A processor shall maintain a material safety data sheet for any toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates and extracts, 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 law. If a state or federal law does not apply to a particular material, the material data sheet shall be kept for a minimum of three (3) years.

Credits

Adopted July 16, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-11, AR ADC 006.02.7-11
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