N.J. Admin. Code § 17:30-9.7 - Cannabis business recordkeeping

(a) A cannabis business shall maintain a system of recordkeeping that will permit the identification for purposes of recall of any batch of cannabis or lot of cannabis products from consumers when such cannabis items are found to be unsafe for use.

1. As part of this system, the cannabis business shall ensure that the container that contains the cannabis item at any stage in the process of cultivation, manufacturing, and sales bears an identifying name and number, and that the final packaged cannabis item contains all labeling information required pursuant to N.J.A.C. 17:30-16.3, to make it possible to determine the complete manufacturing history of the packaged cannabis item.

(b) A cannabis business shall maintain a complete and accurate confidential record of all sales of usable cannabis or cannabis products, including the cannabis business to whom the cannabis item is sold, if applicable, and the quantity, variety, form, and cost of the cannabis item.

1. Such records shall be kept and maintained for four years, either on-premises or at an off-site facility, in written or electronic form.

2. In order to ensure that individual privacy is protected, a cannabis retailer shall not collect and retain any personal information from consumers other than information typically acquired in a financial transaction conducted by the holder of a Class C retail license concerning alcoholic beverages, as set forth at N.J.S.A. 33:1-12.

(c) A cannabis business shall retain every written report from a testing laboratory for any cannabis item that the cannabis business cultivated, manufactured, wholesaled, or sold to a consumer.

(d) A cannabis business shall maintain the following administrative records, as applicable:

1. An organizational chart;

2. A general description of any facilities to be used as the cannabis business premises or administrative offices and a floor plan identifying the square footage available and descriptions of the functional areas of the cannabis business; and

3. The standards and procedures by which the cannabis business determines the price it charges for usable cannabis or cannabis products and a record of the prices charged.

(e) A cannabis business shall maintain business records, including manual or digital records of assets and liabilities; monetary transactions; and journals, ledgers, and supporting documents, including agreements, checks, invoices, and vouchers, that the cannabis business keeps as its books of accounts.

(f) The Commission may request an audit of the financial records of a cannabis business by an independent certified public accountant approved by the Commission.

1. The cannabis business or testing laboratory shall bear all costs related to such audit;

2. Such audit shall be concluded within a reasonable period, as determined by the Commission; and

3. Results of a required audit shall be forwarded to the Commission.

(g) A cannabis business shall maintain documentation of any occurrence that is reported pursuant to N.J.A.C. 17:309.11 in an auditable form for at least two years after the reporting of such occurrence.

(h) If cannabis is disposed of or destroyed, a cannabis business shall maintain, for at least two years after the disposal, a written record of the date, the quantity disposed of, the manner of disposal, and the persons present during the disposal, with their signatures.

(i) A cannabis business shall maintain a personnel record for each owner, principal, management services contractor, employee, and volunteer of the license holder that includes, at a minimum, copies of the following, as applicable:

1. An application for employment or to volunteer;

2. A current Cannabis Business Identification Card;

3. Driver's license or other State-issued or Federally issued photo identification;

4. Certification confirming the person's or entity's submission to the jurisdiction of the courts of the State and agreeing to comply with the laws and rules of the State pertaining to personal use cannabis;

5. Documentation of verification of references;

6. Documentation of submission of fingerprint impressions for compliance with a criminal history record background check;

7. Job or role description or contract that includes the duties, authority, responsibilities, qualifications, and supervision of the job or role;

8. Documentation of all required training and the signed statement of the person indicating the date, time, and place that the individual person received such training and the topics discussed, including the name and title of presenters;

9. Documentation of periodic performance evaluations; and

10. Documentation of any disciplinary action taken.

(j) The license holder shall maintain personnel records, including, but not limited to, those listed at (i) above:

1. For the purposes of this subsection, for at least 12 months after termination of the person's affiliation with the cannabis business; and

2. For all other business purposes, in accordance with their business practice.

Notes

N.J. Admin. Code § 17:30-9.7

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021 Amended by 55 N.J.R. 402(a), effective 3/6/2023