Code of Colorado Regulations
200 - Department of Revenue
213 - Natural Medicine Division
1 CCR 213-1 - COLORADO REGULATED NATURAL MEDICINE RULES
Part 3 - General Privileges and Limitations
Section 1 CCR 212-3-3-3210 - Embargo of Regulated Natural Medicine and Regulated Natural Medicine Product

Current through Register Vol. 47, No. 17, September 10, 2024

Basis and Purpose - 3210

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(b), 44-50-203(1)(j), 44-50-203(2)(g), 44-50-203(2)(i), 44-50-203(2)(k), and 44-50-203(2)(p), C.R.S. The purpose of this rule is to establish the reasons the Division may embargo Regulated Natural Medicine and Regulated Natural Medicine Product and the process for an embargo.

A. The Division may embargo Regulated Natural Medicine and Regulated Natural Medicine Product when there are objective and reasonable grounds to believe the Regulated Natural Medicine and Regulated Natural Medicine Product poses a risk to health, safety, or welfare of Participants that imperatively requires emergency action.

B. Notice of Embargo. A Division investigator will issue a Notice of Embargo to only the Licensee from which the Regulated Natural Medicine or Regulated Natural Medicine Product originated, including a description of the Regulated Natural Medicine or Regulated Natural Medicine Product, and identifying any permitted activities regarding the inventory subject to the embargo.

1. Following the issuance of a notice of embargo, the Licensee shall issue a recall using the recall plan required in Rule 3205. A recall for purposes of embargo may only be terminated with approval of the Division.

2. With Division approval, a Licensee subject to a notice of embargo may instruct other Licensees to dispose of Regulated Natural Medicine and/or Regulated Natural Medicine Product as part of the recall response.

3. The Division may also notify Licensees that received Regulated Natural Medicine and Regulated Natural Medicine Product subject to the embargo to physically segregate and secure the embargoed Regulated Natural Medicine and Regulated Natural Medicine Product.

4. The Director, or their designee, shall promptly approve and issue a concise statement regarding the reasons for issuing the embargo.

C. Effect of Embargo.

1. The Licensee shall completely physically segregate and secure Regulated Natural Medicine and Regulated Natural Medicine Product subject to the embargo in the Restricted Area of the Licensed Premises.

2. While the embargo is in effect, the Licensee is prohibited from transferring or transporting the embargoed Regulated Natural Medicine and Regulated Natural Medicine Product, unless otherwise authorized by these Rules or Division approval. The Licensee may choose to dispose of the embargoed Regulated Natural Medicine and Regulated Natural Medicine Product in accordance with Rule 3120 after Division approval in writing.

3. While the embargo is in effect, the Licensee must secure the embargoed Regulated Natural Medicine and Regulated Natural Medicine Product, maintain the Licensed Premises in reasonable condition according to health, safety, and sanitary standards, and must comply with all security requirements in Rules 3110 and 3115.

D. The Division or State Licensing Authority may lift, revise, or extend an embargo by agreement with the Licensee at any time after the notice of embargo was served.

E. If the State Licensing Authority has not issued a written statement articulating the objective and reasonable grounds that the health, safety, or welfare of the public requires destruction of embargoed Regulated Natural Medicine and Regulated Natural Medicine Product within 120 days of the notice of embargo, the Licensee that received the notice of embargo may submit a written request for a hearing before a Department of Revenue Hearing Officer in accordance with Rule 9040(B)(4). Any hearing will be conducted by a Department of Revenue Hearing Officer pursuant to section 24-4-105, C.R.S. and in accordance with the process described in Rule 9040.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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