Current through Register Vol. 54, No. 44, November 2, 2024
Section 1151a.25 - Access to grower/processor facilities(a) A grower/processor facility may not be open to the general public. When an individual who is not approved to enter the facility requires access to the facility for purposes regarding the growing, processing or testing of seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana or medical marijuana products, or for potential investment or employment, a grower/processor shall require the individual to sign a log, detailing the need for entry, and to wear a temporary identification badge that is visible to others at all times while onsite and in the facility.(b) A grower/processor shall require an individual to present government-issued identification that contains a photo to gain access to the site and facility.(c) No one under 18 years of age is permitted to enter a grower/processor site or facility.(d) A grower/processor shall post a sign in a conspicuous location at each entrance of a site and a facility that states: THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE. NO ONE UNDER THE AGE OF 18 IS PERMITTED TO ENTER.
(e) A grower/processor shall do the following when admitting an individual to a site or facility: (1) Require the individual to sign a log and detail the need for entry upon entering and to sign the log when leaving the facility.(2) Check the individual's government-issued identification to verify that the name on the identification provided matches the name in the log. A photocopy of the identification must be retained with the log.(3) Issue a temporary identification badge with the individual's name and company, if applicable, and a badge number.(4) Escort the individual while the individual remains in the facility or onsite.(5) Ensure that the individual does not touch seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana or medical marijuana products located in a limited access area.(f) The following apply to the log required under subsections (a) and (e): (1) The grower/processor shall maintain the log for 180 days, unless otherwise required for investigative or litigation purposes, either in paper or electronic form, and make the log available to the Department, State or local law enforcement, and other State or local government officials upon request if necessary to perform the government officials' functions and duties.(2) The log must include the full name of each individual granted access to the facility, the temporary identification badge number, the date and time of arrival, the date and time of departure and the purpose of the visit, including the areas of the site and the facility visited and the name of each employee visited.(g) This section does not limit the right of the Department or its authorized agents, State or local law enforcement or other Federal, State or local government officials, from entering any area of a grower/processor site or facility if necessary to perform the governmental officials' functions and duties that pertain to the act or this part.(h) A principal, financial backer, operator or employee of a grower/processor may not receive any type of consideration or compensation for allowing an individual to enter a limited access area.Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023