N.J. Admin. Code § 17:30-9.16

Current through Register Vol. 56, No. 17, September 3, 2024

Section 17:30-9.16 - Cannabis business complaint process

(a) A cannabis business shall establish standard operating procedures for receiving and recording complaints associated with usable cannabis or cannabis products that it has cultivated, manufactured, sold, or distributed that shall include:

1. A process for submission of a complaint to the cannabis business;

2. A procedure for notifying all cannabis businesses that participated in the supply chain of the product identified in the complaint;

3. A procedure for reviewing the complaint;

4. A procedure for investigating the complaint;

5. A procedure for the review and approval of the findings by cannabis business personnel that are responsible for quality control; and

6. A procedure for follow-up action of any investigation performed and a response to the complainant.

(b) Based on the procedures established at (a) above, a cannabis business shall make a determination as to whether the complaint may be evidence of an adverse event.

(c) A cannabis business shall establish procedures for complaints involving adverse events, which shall include:

1. Collecting data necessary to investigate the adverse event, including, but not limited to:

i. Noting the identifiable consumer who is reported to have experienced the adverse event;

ii. Noting the initial reporter of the adverse event or identifying that the initial reporter requests to remain anonymous;

iii. Noting the identity of the specific usable cannabis or cannabis product used, if known, including batch or lot number, and the name of the cannabis business that sold the product to the identifiable consumer; and

iv. A description of the adverse event based on information received from the identifiable consumer at (c)1i above, and the initial reporter at (c)1ii above;

2. Reporting the adverse event to the Commission within 48 hours of becoming aware of the adverse event, including all information and data collected pursuant to this subchapter;

3. Reporting the adverse event to all cannabis businesses who participated in the supply chain of the product involved in the adverse event or the products batch or lot;

4. Investigating the adverse event to determine:

i. If there was a deviation from the standard operating procedure in the cultivation of the batch or the manufacturing of the lot, which shall be done by reviewing cultivation or manufacturing logs; and

ii. If the batch or lot meets specifications, which shall be done by submitting parts of the retention samples of the batch or lot to a testing laboratory for testing;

5. Determining if an adverse event requires a product recall; and

6. A procedure for communicating the adverse event standard operating procedure to:

i. Cannabis business staff members;

ii. Consumers of the cannabis business; and

iii. Other cannabis businesses that purchase cannabis items from or provide cannabis items to the cannabis business.

(d) Adverse events shall be reported to the Commission within 48 hours.

(e) The review and investigation of a complaint or adverse event, and the findings and follow-up action of any investigation performed, must extend to all related batches or lots and relevant records and to all cannabis businesses involved in the supply chain of the product identified in the complaint.

1. Related batches or lots may include, but are not limited to, batches or lots of the same product, other batches or lots processed on the same equipment or during the same time period, or other batches or lots produced using the same components or packaging components.

(f) The cannabis business must keep a written record of the complaint or adverse event and its investigation, including:

1. Identification and batch or lot number of the product;

2. Date the complaint was received and the name, address, or telephone number of the complainant, if available.

i. Anonymous complaints shall be logged even when no name, address, or telephone number is provided;

3. Nature of the complaint including, if known, how the product was used;

4. All notifications provided to the Commission, other cannabis businesses, consumers, and to the public;

5. Names of all personnel involved in the complaint process and their roles;

6. Findings of the investigation and follow-up action taken when an investigation is performed; and

7. Response to the complainant, if applicable.

(g) Such records required at (f) above shall be kept and maintained for four years, either on-premises or at an offsite facility, in written or electronic form.

N.J. Admin. Code § 17:30-9.16

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Amended by 55 N.J.R. 402(a), effective 3/6/2023