Minn. Stat. agency 198, ch. 9810, pt. 9810.1100 - GENERAL OPERATIONS

Subpart 1. Compliance with existing laws.

A cannabis business must comply with all applicable state regulations governing the business's activities authorized by the office.

Subp. 2. Standard operating procedures.

A. A cannabis business and hemp business must establish and maintain written and up-to-date standard operating procedures in accordance with Minnesota Statutes, chapter 342. Standard operating procedures must include:

(1) the implementation procedures for the general operational requirements of cannabis businesses or hemp businesses under Minnesota Statutes, chapter 342;

(2) worker training procedures as described under part 9810.1102;

(3) worker safety procedures as described under part 9810.1102;

(4) the creation and entry of accurate data in the statewide monitoring system pursuant to parts 9810.1300 to 9810.1302 and Minnesota Statutes, section 342.24, subdivision 5;

(5) as described in part 9810.1104, the safe and sanitary storage of cannabis plants, cannabis flower, and cannabis products, including maintaining the cleanliness of any building or equipment that the business uses to store or display cannabis plants, cannabis flower, and cannabis products;

(6) as required under part 9810.1200, the proper segregation and disposal of a regulated product that:

(a) is damaged;

(b) has a broken seal;

(c) has been contaminated;

(d) has not been sold by the expiration date on the label; or

(e) is the subject of a recall under part 9810.1101;

(7) the proper designation of authorized personnel for specified duties of the cannabis business or hemp business and the procedure for issuing necessary worker identification for restricted-access areas.

(8) the proper designation of authorized personnel who have the authority to access, enter, and update private and nonpublic consumer data;

(9) the procedure for responding to a data security breach, consistent with Minnesota Statutes, sections 325E.61 and 325E.64;

(10) if applicable, the procedure for providing samples of the business's regulated products for testing and research purposes as required by part 9810.3100; and

(11) the procedure for reporting all potential substances that the business uses during cultivating, manufacturing, and packaging processes to a testing facility licensed under Minnesota Statutes, chapter 342, for batch safety testing.

B. Standard operating procedures must be available on-site to all personnel and to the office upon request.

Subp. 3. Record keeping.

A. Financial records must be maintained according to this item.

(1) A cannabis business must maintain accurate and comprehensive financial records.

(a) A cannabis business must maintain financial records identified in subitem (2) for the current fiscal year and previous three fiscal years or, if the business has existed for less than three years, for the length of time the business has been licensed to conduct business. A cannabis business must make all financial records available to the office for inspection upon the office's request.

(b) Tax records must be available for the office's inspection for the previous ten fiscal years or, if the business has existed for less than ten years, the number of tax years the cannabis business has been licensed to conduct business.

(2) A cannabis business must maintain accurate and comprehensive financial records prepared in accordance with generally accepted accounting principles to document income and expenses, including:

(a) cash logs;

(b) sale records;

(c) purchase of inventory;

(d) invoices;

(e) receipts;

(f) deposit slips;

(g) canceled checks;

(h) employee compensation records;

(i) security records; and

(j) vendor and business-to-business contact information.

B. A cannabis business must comply with the record-keeping requirements in this item.

(1) A cannabis business must maintain the following records for three calendar years:

(a) worker and volunteer training records;

(b) a security plan in compliance with part 9810.1500;

(c) security testing and maintenance records;

(d) a cultivation plan, if applicable;

(e) cultivation records as described in part 9810.2000, subpart 3, if applicable;

(f) standard operating procedures and verification records for manufacturing activities as described in part 9810.2000, if applicable;

(g) sanitation procedures and records;

(h) equipment maintenance procedures and records; and

(i) storage procedures and records.

(2) A cannabis business must make all records in subitem (1) available for inspection by the office upon request.

C. A cannabis business must keep all records in a uniform manner and ensure that the records are easily accessible so that the business can provide the records to the office within 24 hours of the office's request.

Subp. 4. Dwelling prohibitions.

A cannabis business must not conduct an activity authorized by the office in a dwelling. A cannabis business must conduct an activity approved by the office in an area of the premises that personnel may access without passing through a dwelling space. This subpart does not apply to an activity that an individual is specifically authorized to conduct under Minnesota Statutes, section 342.09.

Subp. 5. Multiple locations.

A license holder endorsed for multiple activities may perform each activity at a separate location if the license holder provides information about the location to the office and receives any required local government permission to conduct the activity at the location. Multiple license holders must not occupy or conduct activities authorized by the office on the same premises.

Subp. 6. General facilities required.

Any physical location or site where employees routinely conduct activities authorized by the office must:

A. have at least one toilet facility located on the premises in a completely enclosed room with a tight-fitting and self-closing door. Unless a toilet facility is being cleaned or maintained, the toilet room door must be kept closed; and

B. comply with chapter 5205; Minnesota Statutes, chapter 182; Code of Federal Regulations, title 29, part 1910; and all Minnesota state building and fire codes and applicable federal and state environmental and workplace safety requirements and policies.

Subp. 7. Weighing and measuring equipment.

A cannabis business that owns or operates weighing or measuring equipment for the purpose of entering data in the statewide monitoring system must comply with chapter 7601. A cannabis business must develop and use written procedures to ensure the consistent and accurate use of weighing and measuring equipment for mandatory controls and the accurate entry of weights and measurements into the statewide monitoring system. A cannabis business must maintain weighing and measuring equipment in a sanitary manner that does not contaminate any products.

Notes

Minn. Stat. agency 198, ch. 9810, pt. 9810.1100

49 SR 1143