Current through Register Vol. 54, No. 45, November 9, 2024
Section 1151a.27 - Requirements for growing and processing medical marijuana(a) A grower/processor may use a pesticide that is registered by the Department of Agriculture under the Pennsylvania Pesticide Control Act of 1973 (3 P.S. §§ 111.21-112), and designated by the Secretary of Agriculture in consultation with the secretary for use by a grower/processor. The following apply:(1) The Secretary of Agriculture will publish the list of approved pesticides by notice in the Pennsylvania Bulletin.(2) The list shall be posted on the Department's publicly accessible Internet web site and shall be reviewed and updated by the Secretary of Agriculture, in consultation with the secretary, at least once annually and transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.(b) A grower/processor shall use an approved pesticide in a manner that is approved by the Department of Agriculture on the basis of Federal law and regulations.(c) A grower/processor shall maintain a log of all actions taken to detect pests or pathogens, and the measures taken for control.(d) A grower/processor shall: (1) Use appropriate nutrient practices.(2) Use a fertilizer or hydroponic solution of a type, formulation and at a rate to support healthy growth of plants.(3) Maintain records of the type and amounts of fertilizer and any growth additives used.(e) A grower/processor shall perform visual inspections of growing plants and harvested plant material to ensure there is no visible mold, mildew, pests, rot, or grey or black plant material.(f) A grower/processor may not use any added substance that alters the dosage level, color, appearance, smell, taste, effect or weight of the medical marijuana unless the grower/processor has first obtained the prior written approval of the Department. Excipients must be pharmaceutical grade, unless otherwise approved by the Department. In determining whether to approve an added substance, the Department will consider:(i) Whether the added substance is permitted by the United States Food and Drug Administration for use in food or is Generally Recognized as Safe (GRAS) under Federal guidelines.(ii) Whether the added substance constitutes a known hazard such as, but not limited to, diacetyl, CAS number 431-03-8, and pentanedione, CAS number 600-14-6.(iii) Whether the added substance is permitted by the United States Food and Drug Administration for the applicable route of administration and dosage.(iv) Whether the added substance has known drug interactions.(g) A grower/processor shall have a separate and secure area for temporary storage of seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products that are awaiting disposal by the grower/processor.(h) A grower/processor may only process the parts of the medical marijuana plant that:(1) Are free of seeds and stems.(2) Are free of dirt, sand, debris or other foreign matter.(3) Do not contain a level of mold, rot or other fungus or bacterial diseases higher than the minimum levels contained in the standards for testing under § 1171a.30 (relating to standards for testing).(i) A grower/processor shall process the medical marijuana plants in a safe and sanitary manner. The following requirements apply: (1) Medical marijuana plants, raw material and other product used in the processing of medical marijuana shall be handled on food-grade stainless steel benches or tables.(2) Proper sanitation shall be maintained.(3) Proper rodent, bird and pest exclusion practices shall be employed.(j) A grower/processor shall install a system to monitor, record and regulate:Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023 This section cited in 28 Pa. Code § 1151a.43 (relating to pesticides).