Md. Code Regs. 10.62.37.06

Current through Register Vol. 51, No. 8, April 19, 2024

Section 10.62.37.06 - Storage of Ingredients and Edible Cannabis Products

A. All ingredients and edible cannabis products shall be kept in a secure controlled environment that:

(1) Meets the requirements set forth in this chapter; and

(2) Is a dry storage area, refrigerated storage area, or freezer storage area.

B. Storage standard operating procedures shall preserve freshness, prevent contamination, and maintain cannabinoid content of any ingredients or edible cannabis products.

C. Food ingredients may not be stored in the same areas as medical cannabis unless as outlined in standard operating procedures and approved by the Commission.

D. Storage equipment shall be positioned so that:

(1) Storage surfaces are at least 6 inches:

(a) Above the floors; and

(b) Away from the walls; and

(2) Ingredient contact surfaces are at least 18 inches above the floor.

E. Dry Storage Area.

(1) A dry storage area shall be maintained between 50°F and 70°F.

(2) A dry storage area shall have:

(a) Adequate ventilation to remain below 60 percent relative humidity; and

(b) A thermometer and hygrometer in plain sight that are calibrated based on the manufacturer's recommendations to ensure accuracy.

F. Refrigerated Storage Area.

(1) A refrigerated storage area shall:

(a) Be maintained at or below 40°F; and

(b) Have thermometers that are easily readable and accurate to plus or minus 2°F.

(2) A permittee shall:

(a) Position a temperature sensor to register the warmest air in the temperature-controlled space; or

(b) Have several thermometers throughout the area to ensure accuracy, consistency, and adequate cooling.

(3) A refrigerator unit shall have doors that close tightly and seal fully.

(4) In the case of a power outage, if the refrigerator unit:

(a) Remains below 40°F, when the power returns the refrigerator contents are considered safe; and

(b) Rises above 40°F for more than 2 hours, then:

(i) Any ingredients or edible cannabis products shall be discarded; and

(ii) The permittee shall notify the Commission within 24 hours.

G. If any ingredients or edible cannabis products that were stored in the refrigerator do not require temperature control for safety, a permittee may conduct a risk analysis to determine whether the ingredients or edible cannabis products remain safe for human consumption.

H. The permittee shall maintain a record of any risk analysis conducted, the agent responsible for the risk analysis, and any ingredients or edible cannabis products that the permittee determines remain safe for human consumption.

I. Freezer Storage Area.

(1) A freezer storage area shall:

(a) Be maintained at or below 0°F; and

(b) Have thermometers that are easily readable and accurate to plus or minus 2°F.

(2) A permittee shall:

(a) Position a temperature sensor to register the warmest air in the temperature-controlled space; or

(b) Have several thermometers throughout the area to ensure accuracy, consistency, and adequate cooling.

(3) A freezer unit shall have doors that close tightly and seal fully.

(4) In the case of a power outage, if the freezer unit:

(a) Remains at or below 0°F, when the power returns its contents are considered safe; and

(b) Rises above 0°F for more than 2 hours, then:

(i) Any ingredients or edible cannabis products that were stored in the freezer shall be discarded; and

(ii) The permittee shall notify the Commission within 24 hours.

(5) If any ingredients or edible cannabis products that were stored in the freezer do not require temperature control for safety, a permittee may conduct a risk analysis to determine whether the ingredients or edible cannabis products remain safe for human consumption.

(6) The permittee shall maintain a record of any risk analysis conducted, the agent responsible for the risk analysis, and any ingredients or edible cannabis products that the permittee determines remain safe for human consumption.

J. Potentially Hazardous Ingredients.

(1) The internal temperature of a potentially hazardous ingredient shall:

(a) Be kept at 41°F or less, or 135°F or greater; and

(b) For ingredients with a non-proteolytic Clostridium botulinum potential hazard, be kept at 38°F or less during refrigerated storage.

(2) When the internal temperature of a potentially hazardous ingredient is kept at temperatures other than specified in §J(1) of this regulation:

(a) A scheduled process approved by the Commission, specifying the temperature and amount of time at that temperature, shall be used; and

(b) Documentation of any corrective action taken and the agent responsible for monitoring the corrective action plan shall be kept for a minimum of 2 years and made available to the Commission upon request.

K. All ingredients and edible cannabis products shall be clearly labeled and stored in a manner that:

(1) Facilitates first-expired, first-out (FEFO) procedures; and

(2) Is approved by the Commission.

L. Each temperature-controlled equipment unit shall have a temperature sensor visible from outside of the temperature-controlled equipment unit.

M. For each dry storage area, refrigerator storage area, and freezer storage area, a permittee shall:

(1) Monitor the temperature 24 hours a day, 365 days a year without interruption;

(2) Document the temperature at least two times a day, 365 days a year without interruption; and

(3) If outside the specified temperature range, document the time, date, any appropriate corrective action, and the agent responsible for monitoring the corrective action plan.

N. Poisonous or Toxic Materials.

(1) A permittee shall ensure that any poisonous or toxic materials are:

(a) Kept in the original bulk container before use;

(b) Prominently and distinctively marked or labeled for easy identification;

(c) Used in accordance with manufacturer's guidelines; and

(d) Not used or stored in a way that is likely to contaminate medical cannabis, ingredients, edible cannabis products, or packaging and labeling materials.

(2) A permittee shall make a safety data sheet (SDS) that is specific to any poisonous or toxic material available to each agent in a form that the agent understands.

Md. Code Regs. 10.62.37.06

Regulation .06 adopted effective 48:8 Md. R. 309, eff. 4/19/2021