N.J. Admin. Code § 17:30-9.17

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

Section 17:30-9.17 - Cannabis business recall process

(a) A cannabis business shall develop and implement a recall plan addressing at a minimum:

1. Factors that necessitate a recall procedure, including if testing laboratory testing analysis finds that the batch or lot fails to meet specifications;

2. Personnel responsible for initiating and implementing a recall;

3. Notification protocols, including as required at N.J.A.C. 17:30-9.16; and

4. Receipt, handling, and disposition of returned usable cannabis or cannabis products.

(b) A cannabis business shall establish a standard operating procedure for publicly communicating a recall of usable cannabis or cannabis products manufactured from that usable cannabis or other cannabis products that present a probability that exposure to the product could cause serious adverse health consequences or temporary or medically reversible adverse health consequences; this standard operating procedure shall include:

1. A mechanism to contact all consumers who have, or could have, obtained the usable cannabis or cannabis products manufactured from that usable cannabis or other cannabis products from the cannabis business, which communication must include information on the procedure for return of the recalled product and an offer to pay reimbursement for the recalled product;

2. A mechanism to contact all cannabis businesses that receive cannabis items from or provide cannabis items to the cannabis business;

3. Instructions for the return or destruction of any recalled cannabis items by consumers or cannabis businesses;

4. Procedures for the issuance of refunds in conjunction with a recall; and

5. Communication and outreach through traditional and social media, as necessary and appropriate.

(c) The cannabis business shall collect all recalled cannabis items that are returned, have cannabis business personnel that supervise quality control review it, track it in inventory control, and segregate it in quarantine until the Commission authorizes disposal, at which point the cannabis business shall dispose of it in a manner that ensures that it is unusable.

(d) The cannabis business should periodically conduct a mock recall to assess the effectiveness of the recall plan.

(e) The Commission may, at its discretion, order a cannabis business to undertake a recall.

(f) A cannabis business shall comply and cooperate with any recalls ordered by the Commission.

N.J. Admin. Code § 17:30-9.17

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

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