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, and shall notify the Department of the quarantine. The product held in quarantine shall be subject to auditing by the Department.
Following the quarantine period, the licensee shall render the recalled cannabis product unusable and unrecognizable in accordance with Section 40290, and do so on video surveillance in accordance with Section 40205. Except as provided in subparagraph (A), recalled cannabis product that has been rendered unusable and unrecognizable is considered cannabis waste and shall be disposed of in accordance with Section 40290, cannabis waste management.
§40290. Waste Management.
A licensee shall dispose of all waste in accordance with applicable state and local laws and regulations. It is the responsibility of the licensee to properly evaluate waste to determine if it should be designated a hazardous waste under section 40141 of the Public Resources Code.
A licensee shall dispose of any waste that contains cannabis in any form 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 or by the local agency or local agency franchised or permitted private waste hauler only. Public access to the designated receptacle or area shall be strictly prohibited.
No cannabis product shall be disposed of in its packaging, and all cannabis products shall be made unrecognizable and unusable prior to disposal.
Waste containing cannabis or cannabis products shall be entered into the track-and-trace system as required under Section 40512.
If a local agency, a local agency franchiser, or permitted private waste hauler is being used to collect and process cannabis waste, a licensee shall do all of the following:
- Provide the Department with the name of the entity hauling the waste;
- Obtain documentation from the entity hauling the waste that indicates the date and time of each collection of cannabis waste at the licensed premises; and
- Obtain a copy of the certified weight ticket, or other documentation prepared by the entity hauling the waste confirming receipt of the cannabis waste at one, or more, of the following solid waste facilities:
- A manned fully permitted solid waste landfill or transformation facility;
- A manned fully permitted composting facility or manned composting operation;
- A manned fully permitted in-vessel digestion facility or manned in-vessel digestion operation; or
- A manned fully permitted transfer/processing facility or manned transfer/processing operation.
- If a licensee is self-hauling cannabis waste to one, or more, of the solid waste facilities in subsection (e)(3) of this section, a licensee shall obtain for each delivery of cannabis waste by the licensee a copy of a certified weight ticket or receipt documenting delivery from the solid waste facility. Only the licensee or its employees may transport self-hauled cannabis waste.