Minnesota Administrative Rules
Agency 144 - Health Department
Chapter 4770 - MEDICAL CANNABIS
Part 4770.1700 - MEDICAL CANNABIS MANUFACTURER; PRODUCTION REQUIREMENTS
Universal Citation: MN Rules 4770.1700
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Cultivation and processing; generally.
A. Only a registered
medical cannabis manufacturer is authorized to produce and manufacture medical
cannabis.
B. All phases of
production must take place in designated, restricted access areas that are
monitored by a surveillance camera system in accordance with part
4770.0900.
C. All areas must be
compartmentalized based on function, and employee access must be restricted
between compartments.
D. The
production process must be designed to limit contamination. Examples of
contamination include mold, fungus, bacterial diseases, rot, pests, nonorganic
pesticides, and mildew.
E. Each
production area must have an open aisle for unobstructed access, observation,
and inventory of each plant group.
F. Biosecurity measures must be in effect and
documented according to part 4770.0400, subpart 1.
G. The manufacturer must maintain a record at
the facility of all crop inputs for at least five years. The record must
include the following:
(1) the date of
application;
(2) the name of the
employee applying the crop input;
(3) the name and description of the crop
input that was applied, including the chemical name, product name, and
manufacturer, where applicable;
(4)
the section, including the square footage, that received the application by
batch number;
(5) either the amount
or concentration of crop input, or both, that was applied;
(6) a copy of the label of the crop input
applied; and
(7) the vendor or
other origin of the crop input.
H. At the time of planting, all plants must be tracked
in a batch process with a unique batch number that must remain with the batch
through final packaging.
I. A
manufacturer must record any removal of plants from the batch on a record
maintained at the manufacturing facility for at least five years.
J. The batch number must be displayed on the
label of the medical cannabis.
Subp. 1a. Crop inputs used in cultivation of dried raw cannabis.
A. A manufacturer cultivating
plants intended to become dried raw cannabis must follow practices and
procedures that minimize the risk of chemical contamination or adulteration of
the medical cannabis.
B. A
manufacturer may only apply a pesticide in the cultivation of medical cannabis
if the pesticide has been:
(1) deemed to be
minimum risk by the United States Environmental Protection Agency in accordance
with the Code of Federal Regulations, title 40, section
152.25(f), and
exempted from United States Code, title 7, section 136 et seq., the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the pesticide's label
does not exclude its use on a genus cannabis plant;
(2) registered with the United States
Environmental Protection Agency under section 3 of FIFRA, United States Code,
title 7, section 136 et seq., and is labeled for use on medical cannabis or
cannabis used for human consumption; or
(3) registered with the United States
Environmental Protection Agency under section 3 of FIFRA, United States Code,
title 7, section 136 et seq., and:
(a) the
active ingredient found in the pesticide is either exempt from the tolerance
requirements in Code of Federal Regulations, title 40, part 180, subpart D, or
does not require an exemption from the tolerance requirement in Code of Federal
Regulations, title 40, part 180, subpart E;
(b) the pesticide product label does not
prohibit use within an enclosed structure for the site of
application;
(c) the pesticide
product label expressly has directions for use on unspecified crops or plants
intended for human consumption; and
(d) the pesticide product is used in
accordance with all applicable instructions, restrictions, and requirements on
the product label.
B. A manufacturer may use rooting hormones or
cloning gels only during the propagation phase of the plant life
cycle.
C. A manufacturer must store
all crop input stocks in their original containers with their original labels
intact. The manufacturer must ensure that packaged fertilizers and containers
of diluted or prepared fertilizer remain labeled with information as required
in Minnesota Statutes, section
18C.215, at all times.
D. The manufacturer must apply, store, and
dispose of crop inputs, rinsate, and containers according to label instructions
and all other applicable laws and regulations.
E. If an audit sample tested under part
4770.3035 shows the presence of a crop input not permitted under this subpart,
the batch and any finished good produced from the batch are adulterated and
must be disposed of as medical cannabis waste under part 4770.1200, subpart 2.
The use of pesticides not permitted under this part is presumptively classified
as a serious violation under Minnesota Statutes, sections
144.989 to
144.993.
Subp. 2. Production of medical cannabis.
A. The commissioner must
approve the manufacturer's use of any hydrocarbon-based extraction process.
Examples of a hydrocarbon-based extraction process include the use of butane,
ethanol, hexane, and isopropyl alcohol.
B. Medical cannabis must be prepared,
handled, and stored in compliance with the sanitation requirements in this
part.
C. A manufacturer must
maintain appropriate temperatures and conditions that will protect plant
material and medical cannabis against physical, chemical, and microbial
contamination or deterioration of the product or its container.
D. A manufacturer must ensure that the
cannabinoid content of the medical cannabis it produces is
homogenous.
E. Prior to
distributing new finished goods to customers, a manufacturer must obtain the
commissioner's approval. The commissioner shall:
(1) for each manufacturer, maintain a
registered finished goods list containing packaged product information;
and
(2) update the list as
needed.
F. The
manufacturer must submit a definition of each finished good to the commissioner
to include in the registered finished goods list before a batch sample may be
tested.
G. Pre-rolls must not
contain more than 1.0 gram of dried raw cannabis each.
Subp. 3. General sanitation requirements.
A manufacturer must take all reasonable measures and precautions to ensure that:
A. any
employee who has a communicable disease does not perform any tasks that might
contaminate plant material or medical cannabis;
(1) an infectious illness;
(2) open lesions, including boils, sores, or
infected wounds; or
(3) any other
abnormal source of microbial contamination, does not come in contact with plant
material or medical cannabis;
B. hand-washing facilities are:
(1) convenient and furnished with running
water at a suitable temperature;
(2) located in all production areas;
and
(3) equipped with effective
hand-cleaning and sanitizing preparations and sanitary towel service or
electronic drying devices;
C. all employees working in direct contact
with plant material and medical cannabis must use hygienic practices while on
duty, including:
(1) maintaining personal
cleanliness; and
(2) washing hands
thoroughly in a hand-washing area before starting work and at any other time
when the hands may have become soiled or contaminated;
D. litter and waste are routinely removed and
the operating systems for waste disposal are routinely inspected;
E. floors, walls, and ceilings are
constructed with a surface that can be easily cleaned and maintained in good
repair to inhibit microbial growth;
F. lighting is adequate in all areas where
plant material and medical cannabis are processed, stored, or sold;
G. screening or other protection against the
entry of pests is provided, including that rubbish is disposed of to minimize
the development of odor and the potential for the waste becoming an attractant,
harborage, or breeding place for pests;
H. any buildings, fixtures, and other
facilities are maintained in a sanitary condition;
I. toxic cleaning compounds, sanitizing
agents, and other potentially harmful chemicals are identified and stored in a
separate location away from plant material and medical cannabis and in
accordance with applicable local, state, or federal law;
J. all contact surfaces, utensils, and
equipment used in the production of plant material and medical cannabis are
maintained in a clean and sanitary condition;
K. the manufacturing facility water supply is
sufficient for necessary operations;
L. plumbing size and design meets operational
needs and all applicable state and local laws;
M. employees have accessible toilet
facilities that are sanitary and in good repair; and
N. plant material and medical cannabis that
could support the rapid growth of undesirable microorganisms are isolated to
prevent the growth of those microorganisms.
Subp. 4. Storage.
A. A manufacturer must store plant material
and medical cannabis during production, transport, and testing to prevent
diversion, theft, or loss, including ensuring:
(1) plant material and medical cannabis are
returned to a secure location immediately after completion of the process or at
the end of the scheduled business day; and
(2) the tanks, vessels, bins, or bulk containers
containing plant material or medical cannabis are locked inside a secure area
if a process is not completed at the end of a business day.
B. A manufacturer must store all
plant material and medical cannabis during production, transport, and testing,
and all saleable medical cannabis:
(1) in
areas that are maintained in a clean, orderly, and well-ventilated condition;
and
(2) in storage areas that are
free from infestation by insects, rodents, birds, and other pests of any
kind.
C. To prevent
degradation, a manufacturer must store all plant material and medical cannabis
in production, transport, and testing, and all saleable medical cannabis under
conditions that will protect it against physical, chemical, and microbial
contamination and deterioration of the product and its container.
D. A manufacturer must maintain a separate
secure storage area for medical cannabis that is returned, including medical
cannabis that is outdated, damaged, deteriorated, mislabeled, or contaminated,
or whose containers or packaging have been opened or breached, until the
returned medical cannabis is destroyed. For purposes of this part, a separate,
secure storage area includes a container, closet, or room that can be locked or
secured.
Disclaimer: These regulations may not be the most recent version. Minnesota 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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