New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle B - Division of Alcoholic Beverage Control
Chapter II - Rules of the Office of Cannabis Management
Part 125 - General Operating Requirements and Prohibitions
Section 125.9 - Quarantine and Recalls

Current through Register Vol. 46, No. 39, September 25, 2024

(a) A licensee shall establish written policies and procedures to monitor and track all quality assurance concerns, and complaints from other licensees and consumers, including, but not limited to, procedures for rapid notification to the licensees' supply and distribution chain to recall any lot of cannabis or cannabis product when directed by the Office, or as deemed necessary by the licensee. Such procedures shall include notification to the Office within twenty-four (24) hours of learning of a serious adverse event, quality assurance concern or initialing a recall.

(b) Implemented written procedures for recalling cannabis product, whether initiated by the licensee or mandated by the Office, shall include:

(1) identification of factors that necessitate recall and personnel responsible for implementing the recall procedures;

(2) notification protocols, including a mechanism to notify the Office within twenty-four (24) hours of initiating a recall and to notify any licensee that supplied or received the recalled cannabis product;

(3) instructions to the general public and other licensees for the return or destruction of the recalled cannabis or cannabis products; and

(4) a requirement that all recalled products held by a licensee shall be held in quarantine until the Office authorizes additional actions.

(c) All inventories, policies and procedures and other documents required by this section shall be maintained on the licensed premises and shall be made readily available to the Office upon request.

(d) A licensee shall not sell or transfer cannabis or a cannabis product that has been placed on administrative hold by the Office, recalled, or ordered or otherwise required to be destroyed. Such cannabis or cannabis products shall be stored securely and separate and apart from other cannabis products while awaiting final disposition.

(e) A licensee shall not sell or transfer cannabis product after the printed expiration date on the package.

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