935 CMR, § 501.303 - Unannounced Purchase for Purpose of Investigative Testing (Secret Shopper Program)
(1)
Secret Shopper Program Authorized. The Commission or a
Commission Delegee may at any time and without prior notice, authorize an
employee or other agent to pose as a customer and purchase any Marijuana or
Marijuana Products from any registered or licensed MTC. The Commission or a
Commission Delegee, may authorize such purchase for any investigative purposes
that are consistent with St. 2016, c. 334, as amended by St. 2017, c. 55,
M.G.L. c. 94G, M.G.L. c. 94I,
935 CMR
500.000: Adult Use of Marijuana, or
935 CMR
501.000 including, but not limited to, investigative
testing for compliance with laboratory testing standards and identification
check requirements. The purchasing employee or agent shall document the
purchase, including the date, time and place of purchase, type and amount of
Marijuana or Marijuana Products, and any other information required by the
Commission.
(2)
Custody
and Preservation of Purchases. The Marijuana or Marijuana Products
purchased as part of the program shall be securely stored during transport in a
manner to prevent contamination or spoilage.
(3)
Contamination and Spoilage
during Storage or Transport. Any contamination or spoilage of
purchases under the Secret Shopper Program during storage or transport while
under the control of the purchaser shall be promptly documented by the
purchaser in writing and reported to the Commission. The Commission or a
Commission Delegee, may authorize the disposal of the contaminated or spoiled
purchase, pursuant to the regulations concerning waste disposal under
935
CMR 501.105(12).
(4)
Use of Secret Shopper
Investigative Results. Results of investigations conducted under
Secret Shopper Program shall be promptly submitted to the Commission.
(a) All investigative results shall be
retained as part of the records for the licensed MTC from which the purchase
originated.
(b) The MTC may be
notified of any investigative results determined to be noncompliant at a time
and manner determined by the Commission.
(c) After the MTC is notified of the
investigative results, such results may be used by the Commission to take
action on the License of the MTC pursuant to
935
CMR 501.340,
501.350,
501.450,
501.500 or assess fines or
other civil penalties pursuant to
935
CMR 501.360.
(d) Without notice to the MTC, the Commission
may share such investigative results with any other law enforcement or
regulatory authorities.
(e) The
Commission may elect to conduct further evaluation of the investigative results
at any time for verification or for other purposes reasonably related to
sanitation, public health or public safety.
(5) The failure to cooperate with provisions
of 935 CMR 501.303 may result in
administrative or disciplinary action against the Licensee.
Notes
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