15 Miss. Code. R. 22-4.2 - Personnel

4.2.1 An individual shall not begin work at a medical cannabis establishment until after he or she obtains a work permit license issued by the Department. An individual is required to renew his or her permit every five (5) years.

4.2.2 Medical cannabis establishments shall complete a criminal history background check on each employee to verify that the employee does not have a disqualifying felony.

4.2.3 Medical cannabis establishments shall ensure that any and all persons who are employed by, volunteer for, and/or engaged in activities or operations under the direction of the licensee are qualified to perform their assigned duties.

4.2.4 All employees of a medical cannabis establishment shall be entered into the state's seed-to-sale system within seven (7) calendar days of employment by the licensed entity.

4.2.5 A cannabis testing entity shall not employ an individual who also is employed or has ownership at any other medical cannabis establishment other than a licensed cannabis transportation entity. Further, when a cannabis testing entity owns a transport entity or any part thereof, the transport entity cannot have any ownership that creates a conflict of interest.

4.2.6 Test samples shall only be collected and transported by qualified lab employees Test samples shall not be transported between facilities in the same vehicle at the same time as any other cannabis product (e.g. retail-ready cannabis products) due to the potential for cross-contamination.

4.2.7 Cannabis testing entities shall employ a full-time supervisor or management employee who shall be responsible for the following:

A. Overseeing and directing the scientific methods of the cannabis testing facility;

B. Ensuring that the cannabis testing facility achieves and maintains a cannabis testing facility quality assurance program; and,

C. Providing ongoing and appropriate training to cannabis testing facility employees.

D. To be considered qualified, the supervisor or management employee shall have at minimum:

1. A doctoral degree in biological, chemical, agricultural, environmental, or related sciences from an accredited college or university;

2. A master's degree in biological, chemical, agricultural, environmental, or related sciences from an accredited college or university, plus at least 2 years of full-time practical experience;

3. A bachelor's degree in biological, chemical, agricultural, environmental, or related sciences from an accredited college or university, plus at least 4 years of full-time practical experience; or

4. A bachelor's degree in any field from an accredited college or university, plus at least 8 years of full-time practical experience, four (4) years of which shall have been in a supervisory or management position.

4.2.8 Cannabis testing entities shall employ a full-time analyst who, at minimum shall have:

A. Earned a master's degree or a bachelor's degree in biological, chemical, agricultural, environmental, or related sciences from an accredited college or university; or

B. Completed two (2) years of college or university education that included coursework in biological, chemical, agricultural, environmental, or related sciences from an accredited college or university, plus at least 3 years of fulltime practical experience; and

C. Demonstrated the analyst's ability to perform a preparation and/or analytical method through:

1. A documented training program that includes a training checklist that is signed by the trainer and the analyst; and

2. A documented attestation that the analyst has read and understands the methods Standard Operating Procedure.

D. Demonstrated an initial display of competency prior to analyzing any compliance sample. An initial display of competency for a method includes:

1. Obtaining quality control samples from an outside source or preparing the samples using stock standards that are prepared independently from those used in instrument calibration.

2. Preparing four (4) aliquots at the concentration specified, or if unspecified, to a concentration of one (1) to four (4) times the LOQ for low-concentration analytes either concurrently or over a period of days. For higher-concentration analytes (such as potency), the concentration may be greater than four (4) times the LOQ.

3. Analyzing the aliquots either concurrently or over a period of days.

4. Using all results, assess the results against established and documented method acceptance criteria.

E. Complete a continuing demonstration of competency annually thereafter for all methods performed. One of the following options shall be performed and documented:

1. Another initial demonstration of competency (as described above), or

2. Participation in a proficiency test study offered by an ISO/IEC 17043 proficiency test provider (if available); or

3. Analysis of one (1) sample of clean matrix that is fortified with a known quantity of the target analyte, with the result compared to method acceptance criteria.

F. If an analyst has not run a specific analysis within one calendar year, he or she shall successfully complete an initial display of competency for this analysis and shall not run such analysis until competency has been demonstrated.

G. If a method Standard Operating Procedure is significantly amended, an analyst must be retrained on the procedure, and the training documented.

4.2.9 Cannabis testing facilities entities shall employ designated sample collector who, at minimum, shall have:

1. Documented attestation that the designated sample collector has read and understands the Sampling Standard Operating Procedure;

2. A documented sampling training program that includes principles, procedures, and policies of sampling and was provided by a qualified instructor who has demonstrated competency in performing the sampling methods referenced with all training documented on a training checklist for each sample matrix type that will be collected;

3. At least 8 hours of documented field training on various sampling techniques with a qualified instructor;

4. Documentation of an initial demonstration of capability (IDOC) through the comparison of replicate samples within a defined Relative Standard Deviation (%RSD) or the comparison of a sample collected to that of one collected by personnel with an existing IDOC within a defined RPD;

5. Thereafter, continuing demonstration of capability (CDOC) is required annually. The cannabis testing entity shall have a documented procedure for performing the CDOC. The cannabis testing entity shall retain documentation verifying CDOC for each designated sample collector and make this documentation available to the Department upon request; and,

6. If the Sampling SOP is significantly amended, all designated sample collectors shall be retrained on the procedure, and the training documented.

4.2.10 A cannabis testing entity must maintain a master of list of all controlled quality system documents and a signature log that includes the names, initials and signatures for all individuals who are responsible for signing or initialing any cannabis testing entity record.

4.2.11 Each licensed medical cannabis establishment is required to create an identification badge for its representatives/employees. This badge shall be conspicuously worn by all representatives /employees at all times while they are on the licensed premises or during transport of cannabis and/or cannabis products. Representatives/employees shall also maintain a copy of the Department issued work permit on their person while present at a medical cannabis establishment.

4.2.12 Within thirty (30) calendar days of the date of hire, licensed medical cannabis establishments shall ensure all employees are trained in at least the following for a minimum of eight (8) hours of initial training and five (5) hours of annual training:

A. The rules and regulations contained in this Part;

B. The use of security measures and controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of cannabis and/or cannabis products;

C. Proper use of the statewide seed-to-sale system;

D. Response to an emergency, including severe weather, fire, natural disasters, and unauthorized intrusions; and,

E. The facility's safety and sanitation procedures.

4.2.13 Medical cannabis licensees shall take reasonable measures and precautions to ensure the following measures for personnel:

A. Disease control. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of cannabis, cannabis products, components, contact surfaces, or packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected, unless conditions such as open lesions, boils, and infected wounds are adequately covered (e.g., by an impermeable cover). Personnel shall be instructed to report such health conditions to their supervisors.

B. Cleanliness. All persons working in direct contact with cannabis, cannabis products, components, contact surfaces, and packaging materials shall conform to hygienic practices while on duty to the extent necessary to protect against allergen cross-contact and against contamination of cannabis or cannabis products. The methods for maintaining cleanliness include:

1. Wearing outer garments suitable to the operation in a manner that protects against allergen cross-contact and against the contamination of cannabis, cannabis products, components, contact surfaces, or packaging materials;

2. Maintaining adequate personal cleanliness;

3. Washing hands thoroughly (and sanitizing if necessary to protect against contamination with undesirable microorganisms) in an adequate handwashing facility before starting work, after each absence from the workstation, and at any other time when the hands may have become soiled or contaminated;

4. Removing all unsecured jewelry and other objects that might fall into cannabis, cannabis products, components, equipment, or containers, and removing hand jewelry that cannot be adequately sanitized during periods in which cannabis, cannabis products, or components are manipulated by hand. If such hand jewelry cannot be removed, it may be covered by gloves or material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the cannabis, cannabis products, components, contact surfaces, or packaging materials;

5. Maintaining gloves, if they are used in handling cannabis, cannabis products, or components, in an intact, clean, and sanitary condition;

6. Wearing, where appropriate, in an effective manner, hair nets, headbands, caps, beard covers, or other effective hair restraints;

7. Storing clothing or other personal belongings in areas other than where cannabis, cannabis products, or components are exposed or where equipment or utensils are washed;

8. Confining the following to areas other than where cannabis, cannabis products, or components may be exposed or where equipment or utensils are washed: eating food, chewing gum, drinking beverages, or using tobacco; and

9. Taking any other necessary precautions to protect against allergen cross contact and against contamination of cannabis, cannabis products, components, contact surfaces, or packaging materials with microorganisms or foreign substances (including perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin).

C. Responsibility for ensuring compliance by individuals with the requirements of this subchapter shall be clearly assigned to supervisory personnel who have the education, training, or experience (or a combination thereof) necessary to supervise the production of clean and safe cannabis and/or cannabis products.

4.2.14 Licensees shall not permit the consumption of cannabis and/or cannabis products on its licensed premises or by employees during working hours.

4.2.15 Contractors and Other Authorized Visitors.

A. Contractors and other authorized visitors permitted access to a licensee's premises who will not handle cannabis plants, cannabis or cannabis products, including but not limited to electricians, plumbers, engineers and alarm technicians, do not require an individual identification card issued by the licensed medical cannabis establishment.

B. A contractor may enter a limited access area only if wearing a visitor identification badge, signed in and recorded on a visitor entry log and prevented from accessing cannabis plants, cannabis or cannabis products.

1. If the contractor is working in an area with immediate access to cannabis plants, cannabis or cannabis products, a licensee or employee shall supervise the contractor at all times.

2. If the contractor is working in an area in which locked doors, compartments or other physical security measures prevent the contractor from accessing cannabis plants, cannabis or cannabis products, a licensee or employee shall take reasonable precautions to ensure that the contractor remains in such areas and does not attempt to gain access to cannabis plants, cannabis or cannabis products.

C. At all times while in a limited access area, the contractor shall display in a conspicuous place on their person a visitor identification badge.

1. The visitor identification badge shall display an identifying mark, which may be a clearly identifiable letter, number or symbol or combination thereof.

2. The visitor identification badge may be displayed on a sticker, a card on a lanyard, a card pinned to the clothing of the visitor, or by other effective means.

D. A visitor entry log shall include, at a minimum:

1. The date and time of the visitor's entry;

2. The date and time of the visitor's departure;

3. The full name of the visitor;

4. The identifying number of the visitor's state- or federally-issued identification;

5. The identifying mark on the visitor identification badge;

6. The individual identification card number of the person who will accompany the contractor, if required, while the contractor is in the limited access areas of the premises; and,

7. The purpose for which the contractor is accessing the limited access area(s).

E. Any incident of noncompliance with the licensee's authorized conduct that occurred while the contractor or visitor was in a limited access area of the premises shall be reported in writing to the Department within twenty-four (24) hours, including all information required by the visitor entry log.

Notes

15 Miss. Code. R. 22-4.2

Adopted 1/13/2024