Ohio Admin. Code 1301:18-9-01 - Cannabis facility inspections
(A)
The Ohio division of cannabis control may, at any time,
with or without notice, conduct an inspection to ensure compliance with all
representations made to the division, state and local law, Chapters 3780. and
3796. of the Revised Code, and the rules promulgated in accordance with
Chapters 3780. and 3796. of the Revised Code.
(B)
Notwithstanding
the requirements of division 1301:18 of the Administrative Code, nothing shall
prohibit the Ohio division of cannabis control, the division's designee, law
enforcement, or other federal, state, or local government officials from
entering any area of a cannabis entity's licensed premises if necessary to
perform their governmental duties.
(C)
The submission of
an application that results in the issuance of a provisional license or
certificate of operation irrevocably gives the Ohio division of cannabis
control consent to conduct all inspections necessary to ensure compliance with
state and local law, Chapters 3780. and 3796. of the Revised Code, and the
rules promulgated in accordance with Chapters 3780. and 3796. of the Revised
Code.
(1)
The
Ohio division of cannabis control may conduct the inspection independently, or
may work with third parties, other divisions, state agencies, or local
authorities, including the Ohio division of agriculture, the division of
industrial compliance, and the division of state fire marshal, to ensure
compliance with, state and local law, Chapters 3780. and 3796. of the Revised
Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of
the Revised Code.
(2)
An inspection of a licensee may include, without
limitation, investigation of standards for safety from fire on behalf of the
division by the local fire protection agency.
.
If a local fire protection agency is not available, the
division of state fire marshal may conduct the inspection after the licensee
pays the appropriate fee to the division of state fire marshal for such
inspection.
(D)
Pursuant to an
inspection, the division may do any of the following:
(1)
Access and
inspect:
(a)
The entirety of the licensed premises, including any
off-site facilities;
(b)
Any area within the licensed premises;
(c)
Any secure,
limited access area or other locked area of the licensed
premises;
(d)
Facility motor vehicles;
(e)
All inventory;
and
(f)
All equipment, instruments, tools, containers,
materials, machinery, or any other resource utilized at the licensed
premises;
(2)
Obtain samples for testing of any cannabis maintained
at the licensed premises, media used to grow cannabis, chemicals and
ingredients used in any cultivation, manufacturing, and extracting process, any
labels or containers for cannabis, or any raw packaged
cannabis.
(3)
Question and interview registered responsible parties,
owners, officers, board members, and all other employees or agents of the
licensee;
(4)
Review any and all policies and procedures;
and
(5)
Make and obtain copies of any and all records pursuant
to rule 1301:18-3-17 of the Administrative Code.
(E)
Prior to the
issuance or renewal of a certificate of operation or change of location each
licensee must pass a pre-approval inspection to ensure the licensed premises
comply with all of the following:
(1)
All representations made to the
division;
(2)
All specifications outlined in written policies and
procedures as required by this chapter;
(3)
All requirements
outlined under Chapters 3780. and 3796. of the Revised Code, and the rules
promulgated in accordance with Chapters 3780. and 3796. of the Revised
Code.
(4)
The pre-approval inspection will occur at a mutually
agreeable time.
(5)
Upon the completion of the pre-approval inspection, the
division may issue either of the following:
(a)
A certificate of
operation in accordance with this division; or
(b)
A written
statement listing the deficiencies identified during the inspection that must
be remedied before a certificate of operation will be issued by the
division.
(F)
Following an
inspection conducted pursuant to this rule, the division will issue an
inspection report that documents the following:
(1)
The observations
and findings of the inspections;
(2)
The outcome of
the inspection;
(3)
Any suggestions for the licensee to take into
consideration; and
(4)
If applicable, a written statement listing the
deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b)
and (G) of this rule.
(G)
Deficiencies
(1)
Upon receipt of a statement of deficiencies, unless
otherwise authorized by the division, the licensee shall develop a plan of
correction for each deficiency and submit the plan in writing to the division
for review and approval within ten business days of receipt of the statement of
deficiencies.
(a)
The plan of correction must include specific
requirements for corrective action that will be performed within thirty
calendar days after the division's approval of the plan of
correction
(b)
If the plan of correction submitted is not acceptable
to the division, the division may either direct the licensee to resubmit a plan
of correction or the division may develop a directed plan of correction with
which the licensee must comply.
(2)
Upon approval of
the written plan of correction, the licensee shall sign the plan of correction,
binding the licensee to the terms under which the licensee may be issued a
certificate of operation.
(a)
If the licensee and the division are unable to come to
terms on the written plan of correction, the division may take action in
accordance with Chapter 1301:18-9 of the Administrative Code.
(3)
The
division will re-inspect a licensee upon the completion of the written plan of
correction.
(a)
If the corrective measures meet the division's satisfaction,
the division will issue a certificate of operation.
(b)
If the corrective
measures do not meet the requirements of the written plan of correction, the
division may take action in accordance with Chapter 1301:18-9 of the
Administrative Code.
(H)
If an inspector
finds evidence of operational failures or conditions that create a likelihood
of diversion, contamination, risk to public health, or a violation of any
representation made to the division, state and local law, Chapters 3780 and
3796. of the Revised Code, and the rules promulgated in accordance with
Chapters 3780 and 3796. of the Revised Code, the division may take any action
authorized under Chapter 1301:18-9 of the Administrative Code.
(I)
To prevent
destruction of evidence, diversion, or other threats to public safety, the
division may order an administrative hold of cannabis or cannabis products or
any records of any licensee. The division may assess the costs of an
investigation, including travel and the time of any and all division employees,
to a licensee.
Notes
Promulgated Under: 119.03
Statutory Authority: 3780.03, 3796.03
Rule Amplifies: 3780.03, 3780.26, 3796.03, 3796.14
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