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

935 CMR 501.303
Adopted by Mass Register Issue 1403, eff. 11/1/2019. Amended by Mass Register Issue 1406, eff. 11/1/2019. Amended by Mass Register Issue 1434, eff. 1/8/2021. Amended by Mass Register Issue 1507, eff. 10/27/2023.

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