Cal. Code Regs. tit. 16 § 5037

Current through 2020 Notice Register, No. 29, July 17, 2020
Section 5037 - Record Retention
(a) Each licensee shall keep and maintain the following records related to commercial cannabis activity for at least seven years:
(1) Financial records including, but not limited to, bank statements, sales invoices, receipts, tax records, and all records required by the California Department of Tax and Fee Administration (formerly Board of Equalization) under title 18, California Code of Regulations, sections 1698 and 4901.
(2) Personnel records, including each employee's full name, social security or individual tax payer identification number, date employment begins, and date of termination of employment if applicable.
(3) Training records including, but not limited to, the content of the training provided and the names of the employees that received the training.
(4) Contracts with other licensees regarding commercial cannabis activity.
(5) Permits, licenses, and other local authorizations to conduct the licensee's commercial cannabis activity.
(6) Security records, except for surveillance recordings required pursuant to section 5044 of this division.
(7) Records relating to the composting or destruction of cannabis goods.
(8) Documentation for data or information entered into the track and trace system.
(9) All other documents prepared or executed by an owner or their employees or assignees in connection with the licensed commercial cannabis business.
(b) All required records shall be prepared and retained in accordance with the following conditions:
(1) Records shall be legible; and
(2) Records shall be stored in a secured area where the records are protected from debris, moisture, contamination, hazardous waste, fire, and theft.
(c) The Bureau may make any examination of the books and records of any licensee as it deems necessary to perform its duties under the Act.
(d) All records are subject to review by the Bureau any time the licensee is exercising the privileges of the license or at any other time as mutually agreed to by the Bureau and the licensee. Prior notice by the Bureau to review records is not necessary. The Bureau may review records outside of the licensee's standard daily business hours.
(e) Records shall be kept in a manner that allows records to be produced for the Bureau immediately upon request at the licensed premises in either hard copy or electronic form, whichever the Bureau requests.

Cal. Code Regs. Tit. 16, § 5037

Note: Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26160 and 26161, Business and Professions Code.

1. New section filed 12-7-2017 as a deemed emergency pursuant to Business and Professions Code section 26013(b)(3); operative 12-7-2017 (Register 2017, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-4-2018 as an emergency; operative 6-6-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 23). Pursuant to Business and Professions Code section 26013(b)(3), this is a deemed emergency and the emergency regulations remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 12-3-2018 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-4-2018 order, including amendment of section, transmitted to OAL 12-3-2018 and filed 1-16-2019; amendments operative 1-16-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 3).