935 CMR, § 501.340 - Quarantine Order
(1) Pursuant to its
authority under M.G.L. c. 94I and M.G.L. c. 94G, §§ 4(a)(xix) and
4(a1/2)(xxxi), a Quarantine Order may be imposed by the Commission or a
Commission Delegee to immediately quarantine or otherwise restrict the sale or
use of Marijuana, Marijuana Products or MIPs by a Licensee or Registrant to
protect the public health, safety or welfare.
(2) If, based on complaint(s) inspection(s),
affidavit(s), or other credible evidence, the Commission or a Commission
Delegee determines that a Licensee or Registrant or the Marijuana, Marijuana
Products, MIPs, cultivated, produced or sold by a Licensee or Registrant pose
an immediate or serious threat to the public health, safety, or welfare, the
Commission or a Commission Delegee may issue an order to the Licensee that:
(a) Quarantines or otherwise restricts the
sale or use of Marijuana, Marijuana Products, or MIPs, prepared by or in the
possession of the Licensee; or
(b)
Quarantines or otherwise restricts the sales or use of Marijuana, Marijuana
Products, or MIPs to the extent necessary to avert a threat, pending final
investigation results.
(3) On receipt of the order, the Licensee and
its associated agents will immediately comply with the requirements of the
order and, if requested by the Commission, post notice at the public entrances
to the MTC or Independent Testing Lab or other notice in a form and manner
determined by the Commission or a Commission Delegee.
(4) The Commission or a Commission Delegee
may modify, amend or rescind the order at any time after its issuance on
condition(s) just to all the parties.
(5) To the extent that the issuance of a
Quarantine Order is to investigate a risk to public safety, health and welfare,
a Licensee shall not have a right to a hearing, unless and until the order
remains in effect beyond 21 calendar days without any further action by the
Commission or a Commission Delegee.
(6) The failure to cooperate with provisions
of 935 CMR 501.340 may result in administrative or disciplinary action against
the Licensees or Registrants.
Notes
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