(j) An ATC that chooses to produce cannabis
concentrate shall be subject to the following:
(1) The following shall be permitted
categories of cannabis concentrate:
a.
Water-based cannabis concentrate;
b. Food-based cannabis concentrate;
c. Carbon dioxide
(CO2) -based cannabis concentrate; and
d. Solvent-based cannabis concentrate, using
only the following solvents:
(2) The use of any solvent not listed in (1)
d. above shall be expressly prohibited;
(3) An ATC that engages in the production of
cannabis concentrate, regardless of the method of extraction or category of
cannabis concentrate being produced, shall:
a. Ensure that the space in which any
cannabis concentrate is to be produced is a fully enclosed room and clearly
designated on the current diagram of the registered premises;
b. Ensure that the written standard operating
procedure for each method used to produce a cannabis concentrate at the ATC
includes step-by-step instructions on how to safely and properly conduct all
aspects of the process;
c.
Establish written quality control procedures designed to maximize safety and
minimize potential product contamination;
d. Establish written emergency procedures to
be followed in case of a fire, chemical spill, or other emergency;
and
e. Provide, document, and
verify comprehensive training for all ATC agents involved in the cannabis
concentrate production process to include:
1.
All standard operating procedures for each method of cannabis concentrate
production used at that ATC;
2. The
ATC's quality control procedures;
3. The ATC's emergency procedures;
4. The proper use of any necessary safety or
sanitation equipment;
5. The
hazards presented by all solvents or other ingredients or chemicals used within
the ATC as described in the material safety data sheet for each solvent,
ingredient, or chemical;
6. Clear
instructions on the safe use of all equipment involved in each process and in
accordance with manufacturer's instructions, where applicable; and
7. Any additional periodic cleaning required
to comply with all applicable sanitation and safety rules;
(4) An ATC that engages
in the production of water-based or food-based cannabis concentrate shall:
a. Meet the requirements of (e)
above;
b. Ensure that all
equipment, counters, and surfaces used in the production of cannabis
concentrate are thoroughly cleaned after the completion of each batch of
cannabis concentrate;
c. Ensure
that any room in which dry ice is stored or used in processing cannabis
concentrate is well ventilated to prevent the accumulation of dangerous levels
of CO2;
d.
Ensure that the necessary safety or sanitation equipment, including personal
protective equipment, is provided and properly used by all agents involved in
the process;
e. Ensure that, if
used, only food-grade propylene glycol or glycerin is use d in the production
of food-based cannabis concentrate; and
f. Comply with (5) below related to the
production of solvent-based cannabis concentrate if a pressurized system is
used in the production process; and
(5) An ATC that engages in the production of
solvent-based cannabis concentrate shall:
a.
Comply with all state fire and building codes, including but not limited to the
national electric code, all local ordinances, and with
He-C
402.33(j) -(l) for the cannabis
concentrate production area(s);
b.
Obtain a material safety data sheet for each solvent or other chemical used or
stored in the cannabis concentrate production area and keep them in a book that
is readily accessible to all agents working in the cannabis concentrate
production area and is readily accessible outside the cannabis concentrate
production area as well;
c.
Determine and post the maximum amount of all solvents and/or flammable
chemicals that are permitted both in the storage and work areas of the cannabis
concentrate production area in accordance with Saf-C 6000, the state fire code,
as adopted by the commissioner of the department of safety under RSA 153, and
as amended pursuant to
RSA 153:5,
I, by the state fire marshal with the board
of fire control;
d. Ensure that all
solvent-based extractions using flammable solvents meet the following
requirements:
1. Such extractions shall be
performed under:
(i) A static free fume hood;
or
(ii) An electrostatic discharge
safe, electrostatic dissipative, or static resistant certified fume hood for
use for a class IB flammable liquid such as ethanol or isopropyl
alcohol;
2. The hood in
1. above shall be certified and inspected, at least annually, in accordance
with the manufacturer's instructions, to meet manufacturer's stated operational
requirements; and
3. Written
documentation of the certification and inspection in 2. above shall be made
available to the department upon request;
e. Install throughout the registered premises
an approved, supervised, automatic sprinkler system;
f. Install throughout the registered premises
110 Volt carbon monoxide detectors and a fire alarm system:
1. Where initiation of the fire alarm system
shall be by manual means in accordance with section 9.6.2 of NFPA 101, as
incorporated in
He-C 402.05(c) (12)
a.4., and by means of any required sprinkler
system waterflow alarms, detection devices, or detection systems; and
2. Which automatically notifies occupants in
accordance with section 9.6.3 of NFPA 101, as incorporated in
He-C 402.05(c) (12)
a.4.;
g. Have portable fire extinguishers,
appropriate for the area and use, in accordance with section 9.7.4.1 of NFPA
101, as incorporated in
He-C 402.05(c) (12)
a.4.;
h. Ensure that all equipment, counters, and
surfaces used in the production process are food-grade and shall not react
adversely with any of the solvents to be used in the ATC;
i. Ensure that the room in which the cannabis
concentrate is produced has a properly functioning emergency eye-wash
station;
j. Ensure that all
solvents used in cannabis concentrate production are food grade or at least 99%
pure;
k. Ensure that every batch of
cannabis concentrate is tested for residual solvents which, except for ethanol
and isopropanol, shall not exceed 500 parts per million per gram;
l. For ethanol and isopropanol, if residual
solvents exceed 500 parts per million per gram, add a warning to the product
label stating the amount of residual solvent, in parts per million per gram,
contained in the product; and
m.
Not use denatured alcohol in any part of the production process.
