After emergency regulations, extended emergency regulations, many committees and subcommittee meetings and a substantial amount of public participation and comments, the final regulations have been approved by the Office of Administrative Law and are now in effect. Read on to learn more about the final regulations and cannabis waste provisions published by the California Department of Public Health, Manufactured Cannabis Safety Branch.
CDPH Cannabis Regulations Approved: Cannabis Waste Provisions
§40131. Annual License Application Requirements – Manufacturing Premises and Operations Information.
The applicant shall submit all of the following information regarding the manufacturing premises and operation:
(j) The following information:
(5) A description of the cannabis waste management procedures sufficient to demonstrate how the applicant will comply with the requirements of Section 40290, or a copy of the standard operating procedure addressing cannabis waste management.
§40290. Waste Management.
(a) A licensee shall have a written cannabis waste management plan and shall dispose of all waste, including cannabis waste, in accordance with the Public Resources Code and any other applicable state and local laws, including laws regulating “organic waste” as defined in Public Resources Code section 42649.8(c). It is the responsibility of the licensee to properly evaluate waste to determine if it should be designated and handled as a hazardous waste, as defined in section 40141 of the Public Resources Code.
(b) A licensee shall dispose of any cannabis waste in a secured waste receptacle or secured area on the licensed premises. For the purposes of this section, “secured waste receptacle” or “secured area” means that physical access to the receptacle or area is restricted to the licensee, employees of the licensee, the local agency, waste hauler franchised or contracted by the local agency, or private waste hauler permitted by the local agency only. Public access to the designated receptacle or area shall be prohibited.
(c) No cannabis product shall be disposed of in its packaging, and all cannabis waste shall be unrecognizable and unusable as cannabis or a cannabis product at the time of disposal. Nothing in this subsection shall be construed to require waste vape cartridges to be emptied of cannabis oil prior to disposal, provided that the vape cartridge is itself unrecognizable and unusable at the time of disposal.
(d) Cannabis waste shall be entered into the track-and-trace system as required under Section 40512.
(e) Cannabis waste may be collected from a licensee in conjunction with a regular organic waste collection route used by the local agency, a waste hauler franchised or contracted by the local agency or a private waste hauler permitted by the local agency. If a local agency, a waste hauler franchised or contracted by the local agency, or a private waste hauler permitted by the local agency is being used to collect and process cannabis waste, a licensee shall do all of the following:
(1) Maintain and make available to the Department upon request the business name, address, contact person, and contact phone number of the entity hauling the waste; and
(2) Obtain documentation from the entity hauling the waste that evidences subscription to a waste collection service.
(f) If a licensee is self-hauling cannabis waste as allowed by the local jurisdiction the licensee shall be subject to all of the following requirements:
(1) Self-hauled cannabis waste shall only be transported by the licensee or its employees;
(2) Self-hauled cannabis waste shall only be transported to one or more of the following:
(A) A manned fully permitted solid waste landfill or transformation facility;
(B) A manned fully permitted composting facility or manned composting operation;
(C) A manned fully permitted in-vessel digestion facility or manned in-vessel digestion operation; or
(D) A manned fully permitted transfer/processing facility or manned transfer/processing operation.
(3) The licensee or its employee who transports the waste shall obtain for each delivery of cannabis waste a copy of a certified weight ticket or receipt from the solid waste facility.
(a) Licensees shall establish and implement written procedures for recalling cannabis products manufactured by the licensee that are determined to be misbranded or adulterated. These procedures shall include:
(1) Factors which necessitate a recall;
(2) Personnel responsible for implementing the recall procedures; and
(3) Notification protocols, including:
(A) A mechanism to notify all customers that have, or could have, obtained the product, including communication and outreach via media, as necessary and appropriate;
(B) A mechanism to notify any licensees that supplied or received the recalled product;
(C) Instructions to the general public and other licensees for the return or destruction of the recalled product.
(4) Procedures for the collection and destruction of any recalled product. Such procedures shall meet the following requirements:
(A) All recalled products that are intended to be destroyed shall be quarantined for a minimum of 72 hours. The licensee shall affix to the recalled products any bills of lading, shipping manifests, or other similar documents with product information and weight. The product held in quarantine shall be subject to auditing by the Department.
(B) Following the quarantine period, the licensee shall render the recalled cannabis product unusable and unrecognizable and dispose of it in accordance with Section 40290, and do so on video surveillance in accordance with Section 40205.
(b) In addition to the tracking requirements set forth in Section 40512, a licensee shall use the track-and-trace database and on-site documentation to ensure that recalled cannabis products intended for destruction are identified, weighed, and tracked while on the licensed premises and when disposed of in accordance with this section. For recalled cannabis products, the licensee shall enter the following details into the track-and-trace database: the weight and count of the product, reason for destruction, and the date the quarantine period will begin.
(c) The licensee shall notify the Department of any recall within 24 hours of initiating the recall.
Full text of the California Department of Public Health, Manufactured Cannabis Safety Branch’s regulations can be accessed here.