Current through Register Vol. 47, No. 17, September 10, 2024
Basis and Purpose - 3405
The statutory authority for this rule includes but is not
limited to sections
44-50-104(5)(c),
44-50-202(1)(b),
44-50-203(1)(b),
44-50-203(1)(h)(I)
-(V), 44-50-203(1)(k), 44-50-203(1)(l), and 44-50-203(2)(j), and
44-50-203(2)(k), C.R.S. The purpose of this rule is to establish requirements
for transportation of Regulated Natural Medicine and Regulated Natural Medicine
Product between Natural Medicine Businesses.
A.
Persons Authorized to
Transport. Only an individual who holds a valid Natural Medicine
Handler License or Owner License may handle the transport of Regulated Natural
Medicine, Regulated Natural Medicine Product, or Regulated Natural Medicine
Waste in a vehicle on behalf of a Natural Medicine Business or between Natural
Medicine Businesses. Any other passengers in the vehicle must be at least
twenty-one years of age or older.
B.
Transport Between Licensed
Premises.
1. Licensees shall only
transport Regulated Natural Medicine and Regulated Natural Medicine Product
between Licensed Premises or transfer directly to a Facilitator licensed by the
Department of Regulatory Agencies.
2. Licensees may only transfer Regulated
Natural Medicine Waste between Licensed Premises or receive Regulated Natural
Medicine Waste directly from a Facilitator licensed by the Department of
Regulatory Agencies.
C.
Securing Regulated Natural Medicine During Transport.
Licensees transporting Regulated Natural Medicine, Regulated Natural Medicine
Product, or Regulated Natural Medicine Waste must ensure that the Regulated
Natural Medicine, Regulated Natural Medicine Product, or Regulated Natural
Medicine Waste is stored within a locked, secured area, shielded from view from
the exterior of the vehicle at all times during transport.
D.
Transport Manifest
Required. A Licensee may only transport Regulated Natural
Medicine, Regulated Natural Medicine Product, or Regulated Natural Medicine
Waste if he, she, or they have a Division-approved transport manifest.
1. The manifest may be either a hard copy or
digital/electronic version. Licensees are required to ensure all information is
preserved with valid and verified signatures on any manifest. Valid and
verified signatures must be dated and can be electronic.
2. The transport manifest must include the
following information:
a. Originating Natural
Medicine Business name, License number, and address;
b. Receiving Natural Medicine Business or
Facilitator name, License number, and address;
c. Name, contact information, and Natural
Medicine Handler License number or Owner License number for any individual in
the vehicle transporting the Regulated Natural Medicine, Regulated Natural
Medicine Product, or Regulated Natural Medicine Waste;
d. Driver's valid state-issued driver license
number:
e. Vehicle make, model, and
license plate number;
f. Planned
route for transportation;
g. Date
and estimated time of departure;
h.
Date and estimated time of arrival or completion of transport;
i. Address and duration of any overnight
stop; and
j. Information about the
product being transported.
3. A Licensee shall provide a copy of the
transport manifest to each Natural Medicine Business or Facilitator receiving
Regulated Natural Medicine and Regulated Natural Medicine Product described in
the transport manifest. To maintain transaction confidentiality, the
originating Licensee may prepare a separate transport manifest for each
recipient Natural Medicine Business or Facilitator.
E.
Motor Vehicle
Required. A Licensee must use a motor vehicle to transport
Regulated Natural Medicine and Regulated Natural Medicine Product.
1. The motor vehicle must be properly
registered in the state of Colorado pursuant to motor vehicle laws but need not
be registered in the name of the Licensee.
2. The motor vehicle must be equipped with an
alarm system.
3. The motor vehicle
must be insured at or above legal requirements.
4. The motor vehicle must have appropriate
temperature control for transporting Regulated Natural Medicine and Regulated
Natural Medicine Product.
F.
Use of Colorado
Roadways. Licensees must comply with all state and local laws when
transporting Regulated Natural Medicine and Regulated Natural Medicine Product
on public roads in the state of Colorado.
G.
Preparation of Regulated
Natural Medicine and Regulated Natural Medicine Product for
Transport.
1. Licensees must
weigh Regulated Natural Medicine, Regulated Natural Medicine Product, and
Regulated Natural Medicine Waste prior to packaging for transport. The scale
used to weigh Regulated Natural Medicine and Regulated Natural Medicine Product
shall be tested and approved in accordance with measurements and standards
established in section
35-14-127, C.R.S.
2. Licensees may only weigh, package, label,
and prepare for transport Regulated Natural Medicine, Regulated Natural
Medicine Product, and Regulated Natural Medicine Waste in the Restricted
Area.
H.
Licensee Responsibilities to Ensure Consistent Transport
Information.
1.
Responsibilities of Originating Licensee. Prior to
departure, the originating Licensee shall adjust its records to reflect the
removal of Regulated Natural Medicine and Regulated Natural Medicine Product
from the Licensed Premises. The Licensee shall maintain a copy of the transport
manifest pre-transport and post-receipt of Regulated Natural Medicine and
Regulated Natural Medicine Product by receiving Licensee. The Licensee shall
reconcile inventory based on product name and quantity with the applicable
transport manifest.
2.
Responsibilities of Recipient Licensee. Upon receipt,
the receiving Licensee shall ensure that the Regulated Natural Medicine and
Regulated Natural Medicine Product are as described in the transport manifest
and shall immediately adjust its records to reflect the receipt of inventory.
The receiving Licensee shall weigh the inventory received on a scale that is
tested and approved in accordance with measurement standards in section
35-14-127, C.R.S. The Licensee
shall reconcile inventory based on product name and quantity with the
applicable transport manifest.
3.
Discrepancies. The receiving Licensee shall document
any differences between the quantity specified in the transport manifest and
the quantities of Regulated Natural Medicine or Regulated Natural Medicine
Product received. Licensees must maintain a record of the discrepancy, which
may be included in the final, signed transport manifest.
I. Regulated Natural Medicine and Regulated
Natural Medicine Products must be transported and stored in sanitary
environments and kept away from conditions that could contaminate or degrade
the Regulated Natural Medicine and Regulated Natural Medicine
Product.
J.
Transport
of Contaminated Regulated Natural Medicine and Regulated Natural Medicine
Product. In the event Regulated Natural Medicine and Regulated
Natural Medicine Product has failed required testing, has been contaminated, or
otherwise presents a risk of cross-contamination to other Regulated Natural
Medicine and Regulated Natural Medicine Product, such Regulated Natural
Medicine and Regulated Natural Medicine Product may only be transported if it
is physically segregated and contained in a sealed package that prevents cross
contamination.
K.
Inventory tracking procedures must be followed.
1. For each tracking event required to be
tracked, the following information must be documented.
a. The date the Regulated Natural Medicine,
Regulated Natural Medicine Product, or Regulated Natural Medicine Waste was
received.
b. The quantity of
Regulated Natural Medicine, Regulated Natural Medicine Product, or Regulated
Natural Medicine Waste that was received.
c. The Natural Medicine Business License
number, name, and phone number from which the transfer originated.
d. The Natural Medicine Business License
number, name, and phone number where the Regulated Natural Medicine or
Regulated Natural Medicine Waste originated.
e. If applicable, the Natural Medicine
Business License number, name, and phone number for the Natural Medicine
Product Manufacturer where the Regulated Natural Medicine Product was
produced.
2. Licensees
must report on a monthly basis all inventory tracking events from the previous
calendar month in a manner prescribed by the Division, using any forms provided
by the Division.
