1 Colo. Code Regs. § 212-3-3-3120

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-3-3120 - Waste Disposal

Basis and Purpose - 3120

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(b), 44-50-203(1)(j), 44-50-203(1)(k), 44-50-203(2)(i), 44-50-203(2)(j), and 44-50-203(2)(k), C.R.S. The purpose of this rule is to define the requirements to dispose of Regulated Natural Medicine Waste.

A.All Applicable Laws Apply. Regulated Natural Medicine Waste must be stored, secured, locked, and managed in accordance with all applicable federal, state, and local statutes, regulations, ordinances, or other requirements, including but not limited to the "Regulations Pertaining to Solid Waste Sites and Facilities" (6 CCR 1007-2, Part 1) established by the Colorado Department of Public Health and Environment pursuant to the "Solid Wastes Disposal Sites and Facilities Act", Title 30, Article 20, Part 1, C.R.S. and "Regulation No. 100 - Water and Wastewater Facility Operations Certification Requirements" (5 CCR 1003-2) established by the Colorado Department of Public Health and Environment pursuant to the Title 25, Article 9, Part 1, C.R.S.

B.Liquid Waste. Liquid waste from Regulated Natural Medicine Businesses shall be disposed of in compliance with all applicable federal, state, and local laws, regulations, rules, and other requirements as well as local wastewater treatment plant effluent requirements and limitations.

C.Chemical, Dangerous, and Hazardous Waste. Disposal of chemical, dangerous, and hazardous waste must be conducted in a manner consistent with federal, state, and local laws, statutes, regulations, rules, and other requirements.

D. Regulated Natural Medicine Waste consisting of psilocybin products that are fit for human consumption must be securely stored and disposed of on the Licensed Premises or transferred to another Licensee for disposal. Licensees must store Regulated Natural Medicine Waste in either a Restricted Area or a locked waste receptacle located on the Licensed Premises until it is disposed of.

E. Regulated Natural Medicine Waste consisting of psilocin or psilocybin that are unfit for human consumption may be stored prior to final disposal in a locked dumpster or other locked receptacle outside of the Licensed Premises or may be stored pursuant to section (D) of this Rule.

F. A Natural Medicine Cultivation Facility may dispose of Regulated Natural Medicine Waste that is a byproduct of cultivation or processing by rendering it unusable by autoclaving the substrate at 212° Fahrenheit (100° Celsius) for 20 minutes to ensure thorough spore destruction.

G. If a Natural Medicine Cultivation Facility or Natural Medicine Products Manufacturer generates waste while harvesting, processing, or producing finished product, or if the Regulated Natural Medicine Waste was previously designated as a finished product, the Licensee must document:

1. A reason for the Regulated Natural Medicine Waste in the inventory tracking system.

2. The exact time and method of destruction in the inventory tracking system.

H. All Regulated Natural Medicine Waste containing psilocybin or psilocin must be disposed of in a manner that effectively prevents spontaneous growth of Fruiting Bodies or mycelium containing psilocybin. Regulated Natural Medicine Waste may be rendered unusable by autoclaving the substrate to 212° Fahrenheit (100° Celsius) for at least 20 minutes.

I. Material that has been designated as Regulated Natural Medicine Waste must be disposed of pursuant to this rule and may not be used in the production of Regulated Natural Medicine Product.

J. All Regulated Natural Medicine Waste must be tracked in the waste log and must detail the disposal process by tracking the time and temperature or other methods that stop the Regulated Natural Medicine from producing spores.

K.Administration Sessions at Authorized Locations Other than Healing Centers. Following an Administration Session at an authorized location other than a Healing Center, any Regulated Natural Medicine Waste must be transferred in accordance with Rule 3405 to a Natural Medicine Business for proper disposal. The Natural Medicine Business must weigh the Regulated Natural Medicine Waste upon receipt and enter the date, weight, Facilitator name, and Facilitator license number in its waste log, required in Rule 3010.

L. A Licensee may dispose of Regulated Natural Medicine or Regulated Natural Medicine Product at any time in accordance with these Rules, as long as it is properly disposed of and tracked according to applicable inventory tracking Rules.

1 CCR 212-3-3-3120

47 CR 17, September 10, 2024, effective 10/1/2024