reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15040.1 - Marketing Cannabis Goods as Alcoholic Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensees shall not market, advertise, sell or transport
					 cannabis goods that are labeled as beer, wine, liquor, spirits, or any other
					 term used to describe a type of alcohol or alcoholic beverage that may create a
					 misleading impression that the product is an alcoholic beverage as defined in
					 division 9 of the Business and Professions Code. Nothing in this section shall
					 be interpreted as prohibiting a company or brand name associated with alcoholic
					 beverages from appearing on cannabis goods or in marketing and advertisements
					 for cannabis goods provided the cannabis goods do not create a misleading
					 impression that the product is an alcoholic beverage.
1. Change
					 without regulatory effect renumbering former title 16, section
					 5040.1 to new title 4, section
					 15040.1 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an
					 emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed
					 emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Amendment refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26054,
						26151
						and
						26152,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15040.2 - Prohibited Business Promotions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall not give away any amount of cannabis or cannabis products, or
				  any cannabis accessory, as part of a business promotion.
(b) A licensee shall not hold a raffle or
				  sweepstakes as part of a business promotion.
1. New
					 section filed 11-7-2022; operative 11-7-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26153,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041 - Age Confirmation in Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to any advertising or marketing from the licensee involving direct,
				  individualized communication or dialogue, the licensee shall use age
				  affirmation to verify that the recipient is 21 years of age or older.
(b) For the purposes of this section, direct,
				  individualized communication or dialogue may occur through any form of
				  communication, including in-person, telephone, physical mail, or
				  electronic.
(c) A method of age
				  verification is not necessary for a communication if the licensee can verify
				  that the licensee has previously had the intended recipient undergo a method of
				  age affirmation and the licensee is reasonably certain that the communication
				  will only be received by the intended recipient.
(d) A licensee shall use a method of age
				  affirmation before having a potential customer added to a mailing list,
				  subscribe, or otherwise consent to receiving direct, individualized
				  communication or dialogue controlled by a licensee.
1. Change
					 without regulatory effect renumbering former title 16, section
					 5041 to new title 4, section
					 15041 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26151
						and
						26152,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.1 - Branded Merchandise

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Branded merchandise" means non-consumable consumer goods utilized by a
				  licensee for advertising and marketing purposes. Examples of branded
				  merchandise include clothing, bags, pens, keychains, mugs, water bottles,
				  lanyards, stickers, pins, and posters. "Branded merchandise" does not include
				  items containing cannabis or any items that are considered food as defined by
				  Health and Safety Code section
				  109935.
(b) Branded merchandise shall identify the
				  licensee responsible for its content by displaying the licensee's license
				  number in a manner that is permanently affixed to the merchandise, legible, and
				  clearly visible from the outside of the merchandise.
(c) Branded merchandise shall not be designed
				  in any manner that is attractive to children as specified in section
				  15040(a)(3).
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5041.1 to new title 4, section
					 15041.1 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment of section heading and
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Amendment of section heading and section refiled 3-28-2022
					 as an emergency, including amendment of subsection (b); operative 3-28-2022
					 (Register 2022, No. 13). This filing is a deemed emergency pursuant to Business
					 and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26013
						and
						26152,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.2 - Trade Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  the purposes of this division, "trade sample" means a limited amount of
				  cannabis or cannabis products that has been designated by a licensee to be
				  provided to the licensee's employees or other licensees for the purposes of
				  targeted advertising and product education.
(b) Cannabis or cannabis products that have
				  been designated as trade samples may be provided from one licensee to another
				  licensee for the purpose of providing the recipient licensee with product
				  information to aid in making purchasing decisions about new or existing
				  cannabis or cannabis products.
(c)
				  Mature plants shall not be designated as trade samples. Immature plants, seeds
				  and propagated material shall only be designated or provided to licensees as
				  trade samples by licensed nurseries.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency, including
					 amendment of subsections (a) and (b); operative 3-28-2022 (Register 2022, No.
					 13). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Sections
						26013
						and
						26153.1,
						Business and Professions Code. Reference: Section
						26153.1,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.3 - Designating Trade Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensees shall designate cannabis and cannabis products as trade samples
				  through the track and trace system.
(b) At the time of designation as a trade
				  sample, cannabis or cannabis products must be in the possession of the licensee
				  making the designation.
(c) Once
				  cannabis or cannabis products have been designated as a trade sample, the
				  designation cannot be changed, unless the designation is changed to medicinal
				  donation pursuant to section
				  15411 by the licensee originally
				  designating the cannabis or cannabis products as a trade sample.
(d) After laboratory testing, cannabis and
				  cannabis products that have been designated as trade samples may be transferred
				  to a licensee's employees or other licensees in accordance with section
				  15041.4.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency, including
					 amendment of section; operative 3-28-2022 (Register 2022, No. 13). This filing
					 is a deemed emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Sections
						26013
						and
						26153.1,
						Business and Professions Code. Reference: Section
						26153.1,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.4 - Providing Trade Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Cannabis or cannabis products that have been designated as trade samples may be
				  provided to any licensee except licensed cannabis event organizers, distributor
				  transport only licensees, and testing laboratory licensees.
(b) The following licensees may designate and
				  provide trade samples to their own employees and other licensees:
(1) Cultivators;
(2) Manufacturers;
(3) Distributors; and
(4) Microbusinesses authorized to engage in
				  cultivation, manufacturing, or distribution.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.6 - Consumption of Trade Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  consumption of cannabis and cannabis products provided as a trade sample must
				  comply with all laws regarding the consumption of cannabis and cannabis
				  products.
(b) Cannabis and cannabis
				  products provided to employees as trade samples shall not be consumed by
				  employees who are engaging in the transportation of cannabis and cannabis
				  products, delivery of cannabis and cannabis products, any activity that
				  requires the operation of a motor vehicle, or any activity that requires the
				  use of heavy machinery, solvents, or asphyxiants.
(c) Cannabis trade samples provided to a
				  licensee or their employees that are not consumed must be destroyed in
				  accordance with the requirements of the Act and this division.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency, including
					 amendment of subsections (a) and (b); operative 3-28-2022 (Register 2022, No.
					 13). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Sections
						26013
						and
						26153.1,
						Business and Professions Code. Reference: Section
						26153.1,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.7 - Trade Sample Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee is limited to designating the following aggregate amounts of cannabis
				  and cannabis products as trade samples in a calendar month period:
(1) For cannabis in the form of dried flower,
				  a total of two pounds.
(2) For
				  manufactured and nonmanufactured cannabis products, a total of 900 individual
				  units.
(3) For seeds, immature
				  plants, and other propagated material, 18 seeds, 12 seedlings, and 8 cuttings
				  or tissue cultures, per strain.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15042.1 - Security Plan for Licensed Manufacturers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed manufacturer shall develop and implement a
					 written security plan. At a minimum, the security plan shall include a
					 description of the security measures to:
(a) Prevent access to the manufacturing
				  premises by unauthorized persons and protect the physical safety of employees.
				  This includes, but is not limited to:
(1)
				  Establishing physical barriers to secure perimeter access and all points of
				  entry into a manufacturing premises (such as locking primary entrances with
				  commercial-grade, non-residential door locks, providing fencing around the
				  grounds and driveway, and securing any secondary entrances including windows,
				  roofs, and ventilation systems);
(2) Installing a security alarm system to
				  notify and record incident(s) where physical barriers have been
				  breached;
(3) Establishing an
				  identification and sign-in/sign-out procedure for authorized personnel,
				  individuals, suppliers, and visitors;
(4) Maintaining the premises such that
				  visibility and security monitoring of the premises is possible; and
(5) Establishing procedures for the
				  investigation of suspicious activities.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15043 - Licensee Employee Badge Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All agents, officers, or other persons acting for or
					 employed by a licensee conducting retail sales or participating in a temporary
					 cannabis event shall display a laminated or plastic-coated identification badge
					 issued by the licensee at all times while engaging in commercial cannabis
					 activity. The identification badge shall, at a minimum, include the licensee's
					 "doing business as" name and license number, the employee's first name, an
					 employee number exclusively assigned to that employee for identification
					 purposes, and a color photograph of the employee that clearly shows the full
					 front of the employee's face and that is at least 1 inch in width and 1.5
					 inches in height.
1. Change
					 without regulatory effect renumbering former title 16, section
					 5043 to new title 4, section
					 15043 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an
					 emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed
					 emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Amendment refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2022 order transmitted to
					 OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26070,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15044 - Video Surveillance System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensed premises shall have a digital video surveillance system with a
				  minimum camera resolution of 1280 x 720 pixels on the licensed premises. This
				  requirement does not apply to a licensed premises authorized exclusively for
				  cultivation activities or the cultivation area of a licensed microbusiness
				  premises.
(b) The video
				  surveillance system shall at all times be able to effectively and clearly
				  record images of the area under surveillance.
(c) Each camera shall be permanently mounted
				  and in a fixed location. Each camera shall be placed in a location that allows
				  the camera to clearly record activity occurring within 20 feet of all points of
				  entry and exit on the licensed premises, and allows for the clear and certain
				  identification of any person and activities in all areas required to be filmed
				  under subsection (d).
(d) Areas
				  that shall be recorded on the video surveillance system include the following:
(1) Areas where cannabis or cannabis products
				  are weighed, packed, stored, loaded, and unloaded for transportation, prepared,
				  or moved within the licensed premises;
(2) Limited-access areas;
(3) Security rooms;
(4) Areas storing a surveillance-system
				  storage device with at least one camera recording the access points to the
				  secured surveillance recording area; and
(5) Entrances and exits to the licensed
				  premises, which shall be recorded from both indoor and outdoor vantage
				  points.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15045 - Security Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensed retailer or licensed microbusiness authorized to engage in retail
				  sales shall hire or contract for security personnel who are at least 21 years
				  of age to provide onsite security services for the licensed retail premises
				  during the hours of operation. All security personnel hired or contracted for
				  by the licensee shall be licensed by the Bureau of Security and Investigative
				  Services and shall comply with chapters 11.4 and 11.5 of division 3 of the
				  Business and Professions Code.
(b)
				  Notwithstanding subsection (a), a licensed non-storefront retailer or licensed
				  microbusiness who is not engaged in storefront retail sale is not required to
				  hire or contract for security personnel.
(c) If multiple licensed premises are
				  contained within the same building, security personnel may be shared by all of
				  the licensees to cover the entire building. However, all licensees shall be
				  held responsible and subject to discipline for any violations of the security
				  personnel requirements.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5045 to new title 4, section
					 15045 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an
					 emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed
					 emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Amendment refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2022 order transmitted to
					 OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26070,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15046 - Locks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee shall ensure that all limited-access areas can
					 be securely locked using commercial-grade, nonresidential door locks. A
					 licensee shall also use commercial-grade, nonresidential door locks on all
					 points of entry and exit to the licensed premises. This requirement does not
					 apply to a licensed premises authorized exclusively for cultivation activities
					 or the cultivation area of a licensed microbusiness premises.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5046 to new title 4, section
					 15046 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an
					 emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed
					 emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Amendment refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26070,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15047 - Alarm System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall maintain an alarm system as defined in Business and Professions
				  Code section
				  7590.1(c)
				  at the licensed premises. This requirement does not apply to a licensed
				  premises authorized exclusively for cultivation activities or the cultivation
				  area of a licensed microbusiness premises.
(b) A licensee shall ensure a licensed alarm
				  company operator or one or more of its registered alarm agents installs,
				  maintains, monitors, and responds to the alarm system.
(c) Upon request, a licensee shall make
				  available to the Department all information related to the alarm system,
				  monitoring, and alarm activity.
(d)
				  If multiple licensed premises are contained within the same building or parcel
				  of land, a single alarm system covering the entire building or parcel of land
				  may be used by all of the licensees if all licensees have access to and are
				  able to provide the information under subsection (c). All licensees shall be
				  held responsible and subject to discipline for any violations of the alarm
				  system requirements.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5047 to new title 4, section
					 15047 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an
					 emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed
					 emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Amendment refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of subsection (d) and repealer of subsections (d)(1)-(2), transmitted
					 to OAL 9-26-2022 and filed 11-7-2022; amendments effective 11-7-2022 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26070,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15047.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Plant tag" means the tag that is labeled with a UID number and provided by the
				  Department or the Department's designee for attaching to a cannabis
				  plant.
(b) "Package tag" means the
				  RFID-enabled tag that is labeled with a UID number and provided by the
				  Department or the Department's designee for attaching to batches of cannabis or
				  cannabis products.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of subsection (a), transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26067,
						26070,
						26160
						and
						26161,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15047.2 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall create and maintain an account within the track and trace system
				  prior to engaging in any commercial cannabis activity.
(b) All commercial cannabis activity shall be
				  accurately recorded in the track and trace system.
(c) A licensee is responsible for the
				  accuracy and completeness of all data and information entered into the track
				  and trace system. The licensee is responsible for all actions taken by the
				  designated account manager or other account users while performing track and
				  trace activities.
(d) A person
				  shall not intentionally misrepresent or falsify information entered into the
				  track and trace system.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26067,
						26070,
						26160
						and
						26161,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 5 - Security Measures › Section 15047.3

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
					 Register
					 2021, No. 41, effective
					 9/27/2021 is not yet
					 available.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15048 - Training and Credentialing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each applicant or licensee shall identify an owner of the commercial cannabis
				  business as the track and trace system account manager. A licensee may change
				  the account manager by submitting a written request to the
				  Department.
(b) No later than 10
				  calendar days after license issuance, the designated account manager shall:
(1) Complete new user system training
				  provided by the Department.
(2)
				  Email support@metrc.com from the designated account manager's email address to
				  request access to the track and trace system.
(3) Complete the credentialing process to
				  establish a login.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15048.1 - Responsibilities of the Designated Account Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee and their designated account manager(s) shall:
(1) Designate track and trace system users,
				  as needed, and require the system users to be trained in the proper and lawful
				  use of the track and trace system before the users are permitted to access the
				  track and trace system;
(2)
				  Maintain an accurate and complete list of all of the licensee's track and trace
				  system users, including full names and usernames, and update the list
				  immediately when changes occur;
(3)
				  Remove a user from the licensee's track and trace system account when that
				  individual is no longer authorized to represent the licensee;
(4) Correct any data entry errors within
				  three (3) calendar days of discovery of the error;
(5) Tag and enter all inventory in the track
				  and trace system as required by section
				  15049;
(6) Monitor all system notifications and
				  resolve all issues identified. The notification shall not be dismissed by an
				  account manager before resolution of the issue(s) identified in the
				  notification;
(7) Notify the
				  Department of any loss of access to the track and trace system that exceeds 72
				  hours; and
(8) Reconcile the
				  inventory of cannabis and cannabis products on the licensed premises with the
				  track and trace system database at least once every thirty (30) calendar
				  days.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15048.2 - General Tag Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall only use plant and package tags provided and distributed by the
				  Department or the Department's designee.
(b) A licensee shall only use plant and
				  package tags assigned in the track and trace system to that licensee and shall
				  not transfer unused tags to any other licensee.
(c) A licensee shall maintain a sufficient
				  supply of tags to support tagging in accordance with this chapter.
(d) Plant and package tags shall be discarded
				  after they are no longer required for use.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 new subsection (d), transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26050.1,
						26067,
						26070,
						26160
						and
						26161,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15048.3 - Ordering Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  licensees conducting cultivation, manufacturing, distribution, or testing:
(1) A licensee's account manager shall place
				  the initial order of plant or package tags within ten (10) calendar days of
				  initial credentialing into the track and trace system and shall reorder plant
				  or package tags as needed.
(2) The
				  receipt of plant or package tags shall be recorded in the track and trace
				  system within three (3) calendar days of receipt. If ordered plant or package
				  tags are not received by the licensee, the licensee shall notify the
				  Department.
(3) For cultivation
				  licensees, if the Department approves a request for a license designation
				  change pursuant to section
				  15023(f), the
				  licensee is required to order, apply, and report applicable plant and package
				  tags in accordance with this article.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15048.4 - Tagging of Cannabis Plants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Immature cannabis plants shall be tagged as follows:
(1) Each established lot of immature plants
				  shall be assigned a plant tag. Each lot of immature plants under a single plant
				  tag shall be uniform in strain or cultivar and contain no more than 100
				  individual immature plants at any one time. The lot plant tag shall be visible
				  and within clear view of an individual standing next to the immature lot and
				  kept free from dirt and debris. Each lot shall either:
(A) Have each immature plant in the lot
				  labeled with the UID number and placed contiguous to one another to facilitate
				  identification by the Department; or
(B) Be fully separated from other lots of
				  immature or mature plants by a physical barrier. In such cases, each individual
				  plant does not need to be labeled with the corresponding UID
				  number.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15048.5 - Use of Harvest Batch Name and Package Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Harvested plants that are hanging, drying, or curing shall be assigned a unique
				  harvest batch name, which shall be recorded in the track and trace system and
				  placed within clear view of an individual standing next to the batch. The
				  assigned harvest batch name shall match what is in the track and trace system
				  and the harvest batch name next to the batch shall be the same.
(b) Each harvest batch and manufactured
				  cannabis batch shall be assigned a package tag and recorded in the track and
				  trace system. For each harvest batch, the package tag shall be assigned and
				  recorded in the track and trace system no later than the time at which any part
				  of that harvest batch has finished undergoing any applicable drying, curing,
				  grading, and trimming.
(c) For all
				  cannabis and cannabis products held in a container, the package tag shall be
				  affixed to the container holding the cannabis or cannabis products. If cannabis
				  or cannabis products are held in multiple containers, the package tag shall be
				  affixed to one of the containers and the other containers shall be labeled with
				  the applicable UID number. Each unit within the container shall be labeled with
				  the applicable UID number. All containers with the same UID number shall be
				  placed contiguous to one another to facilitate identification by the
				  Department.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26067,
						26070,
						26160
						and
						26161,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15049 - Track and Trace Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  cannabis and cannabis products on the licensed premises shall be assigned a
				  plant or package tag, as applicable, except for harvested plants that are being
				  dried, cured, graded, or trimmed, as specified in this division, and recorded
				  in the track and trace system.
(b)
				  Each of the following activities shall be recorded in the track and trace
				  system within 24 hours of occurrence:
(1)
				  Receipt of cannabis or cannabis products.
(2) Rejection of transferred cannabis or
				  cannabis products.
(3)
				  Manufacturing of cannabis or cannabis products.
(4) Use of cannabis or cannabis product for
				  internal quality control testing or product research and development.
(5) Destruction or disposal of cannabis or
				  cannabis products.
(6) Packaging or
				  repackaging of cannabis or cannabis products, except that cultivation licensees
				  shall comply with section
				  15049.1(b)(5).
(7) Laboratory testing, including testing
				  results.
(8) Sale or donation of
				  cannabis or cannabis products.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15049.1 - Additional Requirements for Recording Cultivation Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall record the following cultivation activities in the track and
				  trace system within three (3) calendar days of occurrence:
(1) Planting of an immature lot;
(2) Moving immature plants to a designated
				  canopy area, flowering of an individual plant, or application of a plant tag to
				  an immature plant, in accordance with section
				  15048.4;
(3) Destruction or disposal of an immature or
				  mature plant; and
(4) Harvesting of
				  a mature plant, or portion thereof.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 6 - Track and TRACE Requirements › Section 15049.2 - Recording Transfers of Cannabis and Cannabis Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall prepare a shipping manifest through the track and trace system
				  prior to transferring cannabis and cannabis products off of a licensed
				  premises. The following information shall be recorded on the shipping manifest
				  by the licensee initiating the transfer:
(1)
				  The name, license number, and premises address of the originating
				  licensee;
(2) The name and license
				  number of the distributor transporting the cannabis and cannabis
				  products;
(3) The name, license
				  number, and premises address of the licensee receiving the cannabis or cannabis
				  products into inventory or storage;
(4) The UID numbers for all items being
				  transferred;
(5) The item name,
				  item category and weight or count of cannabis or cannabis products associated
				  with each package tag;
(6) The
				  estimated date and time of departure from the licensed premises;
(7) The estimated date and time of arrival at
				  each licensed premises; and
(8) The
				  driver's license number of the personnel transporting the cannabis and cannabis
				  products, and the make, model, and license plate number of the vehicle used for
				  transport.