8. Other information or
documentation as the Commission may require of Secure Transporters, as
contained on the application.
(i) The Secure
Transporter Applicant's Verification regarding all proposed facilities shall
conform with Rule 3 of Chapter 3 of these Rules.
(ii) The Secure Transporter Applicant's
Verification that it has no economic interest in any other license or Applicant
for license under the Act or this Chapter shall conform with Rule 3 of Chapter
3 of these Rules.
(iii) Exhibits to
the Secure Transporter Applicant's application Information shall be as provided
in Rule 3 of Chapter 3 of these Rules, except as follows:
(I) Secure Transporters also must provide, as
available, title, lease or other documentation demonstrating possessory
interest in all vehicles to be used for secure transportation of cannabis or
medical cannabis.
(II) Secure
Transporters also must provide, as available, copies of declarations pages of
insurance policies applicable to all vehicles to be owned and operated by the
company, particularly those proposed for the secure transport of cannabis or
medical cannabis.
(III) Secure
Transporters must also provide copies of all contracts, contingent contracts or
memoranda of understanding (or, if not available, exemplars) between the Secure
Transport Applicant and any other licensee or applicant under the Act and these
Rules.
(IV) Secure Transporters
must include a list of any motor vehicle citations, fines or violations
received by its drivers, identified to each individual, in the last three
years.
(V) To the extent that a
Secure Transporter intends to operate a vehicle that requires a Commercial
Drivers' License, documentation demonstrating that proposed drivers are
properly trained and licensed. Secure Transporters must verify that all
vehicles and drivers have the requisite training and shall maintain compliance
with all federal, state and local laws applicable to them at all times while
employed as a driver.
(VI) Secure
Transporters also must provide a Fleet Summary showing the make, model, VIN
Number, license plate number and specifications of all vehicles proposed for
the secure transport of cannabis or medical cannabis including but not limited
to the design and specification of all areas in which cannabis or medical
cannabis is to be stored.
(VII) The
Employee Handbook provided by Secure Transporters shall include or be
accompanied by a Drivers' Manual detailing qualifications, standards, and
procedures to be met and followed by prospective drivers.
(VIII) In addition to the contents of the
Policies and Procedures Manual common to all applicants, the Policies and
Procedures Manual and/or the Drivers' Manual of Applicants for a Secure
Transporter's license shall specifically address protocols for the care and
maintenance of all vehicles proposed for secure transport of cannabis or
medical cannabis.
(iv)
Exemplar or, if available, proposed, if not copies of actual route plans for
all proposed secure transport vehicles, for inclusion in the Statewide
Seed-to-Sale Tracking System.
(v)
The Secure Transporter's Security Plan must also include a verified plan for
security during transport of medical cannabis, including but not limited to the
following:
(I) Variable route plans and GPS
tracking systems must be monitored from the secure transporter's security
center using Wi-Fi or hardline network technology.
(II) Locks and Alarm systems must be
installed on all vehicles proposed for the secure transport of medical
cannabis, including but not limited to the storage area within each vehicle
where the product is to be kept while in transit.
(III) Vehicle dashboard and storage area
audio/video recording devices (self- recording and, at all times possible,
viewable from and saved directly to the secure transporter's security center)
must be installed and operational at all times while the vehicle is in transit,
and shall include lighting and resolution sufficient to readily identify
individuals and activities depicted in the same way as required of audio/video
recordings inside licensees' facilities, and kept for the same time and under
the same conditions as for such audio/video recordings. See paragraph
3.m.(16)(k) of Rule
538-X-3-.03.
(IV) Secure transport vehicles must be free
of markings:
I. indicating that they are
carrying cannabis or medical cannabis, or
II. bearing the name or logo of any other
licensee.
(V) Cannabis
and/or medical cannabis shall be kept in sealed tamper-evident containers that
are not accessible to transport personnel during transit but are equipped with
tracking devices that can be monitored remotely by the secure transporter at
all times during transit.
(VI)
Cannabis, medical cannabis and containers holding the same must not be visible
or recognizable outside the secure transport vehicle.
(VII) Secure Transport drivers shall have
ready access to duress panic and/or hold-up alarms that may be activated in the
event of an attempted diversion by unauthorized personnel, hijackers,
terrorists, or other improper intervenors. Each employee in a secure transport
vehicle must have communication access to the Secure Transporter's security
center and be able to contact 911at all times while the secure transport
vehicle contains cannabis or medical cannabis.
(VIII) If an emergency requires stopping the
vehicle, employees must notify the secure transporter's security center (or
ALEA) of the nature of the emergency and complete an incident report form
provided by the Commission.
(IX)
Under no circumstances may any person other than a designated secure
transporter employee have actual physical control of the motor vehicle
transporting cannabis or medical cannabis.
(X) Secure Transport drivers shall be trained
in, and have ready access to, secure procedures for undergoing administrative
inspection by law enforcement pursuant to §
20-2A-65(c),
Code of Ala. 1975, (as amended). A Secure Transport
employee must carry an employee ID card at all times when transporting or
delivering cannabis or medical cannabis; upon request, the ID card must be
presented to the Commission or law enforcement officer acting in the course of
official duties.
(XI) Individual
batches of cannabis or medical cannabis prepared for storage or transport must
be appropriately labeled and inserted in containers prior to transport. Batches
shall be bar-coded, QR coded, or otherwise digitally coded to identify the
following:
I. The batch number(s) or plant
tag number(s),
II. The contracting
licensee,
V. The date of harvest
and/or processing and packaging, as applicable, and
VI. The date of the last State Testing
Laboratory approval.
(XII) Secure Transport vehicles shall have no
fewer than two personnel (a driver and one other) in the vehicle at all times
when the vehicle is carrying cannabis or medical cannabis and is (a) making
more than a single stop on the route and/or (b) traveling more than ten (10)
miles while carrying cannabis or medical cannabis. Notwithstanding the
foregoing, a single employee may transport cannabis or medical cannabis to or
from a State Testing Laboratory. Secure Transport vehicles may not be left
unattended at any time when containing cannabis or medical cannabis; at least
one employee must remain with the vehicle at all times when the vehicle
contains cannabis or medical cannabis. Only designated personnel shall occupy a
secure transport vehicle during transport of cannabis or medical cannabis;
non-employee passengers of any kind are prohibited.
(XIII) Secure Transport vehicles carrying
cannabis or medical cannabis must adhere to the designated route at all times.
If an alternate route is necessary, the driver must contact the security office
and note the change on the route plan. Secure transporters shall document all
stops in transit for refueling or otherwise, including the reason for the stop,
the duration of the stop, the location of the stop, and all activities of
employees exiting the vehicle.
(XIV) Secure transport vehicles must be
equipped with GPS tracking and monitored throughout transit by the Secure
Transporter's security center through Wi-Fi or hardwire networking
technology.
(XV) Route plans,
manifests, transport logs, freight bills, bills of lading and any free-
on-board ("FOB") terms of sale documents, maintenance and repair records, and
insurance documentation must be kept (either manually or electronically,
including, but not limited to, as part of the Statewide Seed-to-Sale Tracking
System), as to all vehicles in the secure transporter's fleet, for a period of
not less than two (2) years, and longer upon the request of the Commission or
law enforcement. Such documents shall be made available to the Commission or
its representatives (including inspectors) during inspections and other
official visits.
(XVI) Upon
request, a secure transporter shall make available to the Commission or its
inspectors all information relating to the security plan.
(vi) The Secure Transporter Applicant must
provide an affidavit signed by the responsible individual and designated
contact person (or, if the Secure Transporter is an entity, the duly authorized
officer, owner or interest holder and the designed contact person) that the
information provided in the Application is true and correct, to the best of the
Affiants' knowledge upon a diligent investigation thereof.
(vii) The Secure Transporter Applicant must
provide an Application Fee pursuant to §
20-2A-55(f),
Code of Ala. 1975, (as amended). The Applicant's
nonrefundable Application Fee must be submitted electronically per instructions
in the Application Form received in response to the applicant's Request for
Application.