Tenn. Comp. R. & Regs. 0080-10-01-.10

Current through October 22, 2024
Section 0080-10-01-.10 - [Effective until 12/25/2024] VIOLATIONS
(1) In addition to other requirements of the Act and this chapter, persons subject to this chapter must:
(a) Maintain areas and vehicles where HDC products are manufactured or distributed so as to be readily accessible for inspection;
(b) Provide adequate lighting necessary for inspection of all HDC products manufactured or distributed;
(c) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection;
(d) Give full information as to the source of any cannabis or HDC product currently or previously held in their possession;
(e) Consent to sampling of all HDC product manufactured or distributed by the licensee; and,
(f) Consent to recall of all associated HDC product batches when subsequent testing of HDC product in commerce indicates a failure of testing requirements under this chapter, or a foodborne outbreak or other illness is causally linked by federal authorities or the department of health to particular HDC product batches.
(2) In addition to other requirements of the Act and this chapter, persons subject to this chapter must not:
(a) Manufacture or distribute HDC products without first securing a license from the department;
(b) Manufacture or distribute HDC products that do not meet manufacturing and testing requirements under this chapter;
(c) Transport or allow transport of HDC products without a COA issued by a third-party laboratory registered with the department;
(d) Interfere with an authorized representative of the department in performance of their duties;
(e) Violate any federal or state quarantine of plants, regulated articles, or other material;
(f) Sell, offer for sale, move, or allow movement of any apparently infested material; or,
(g) Violate any departmental order issued under the Act or this chapter, including but not limited to orders for embargo or destruction of HDC product.
(3) Violation of any workplace safety or environmental protection standard enforced by state or federal authorities is grounds for denial of program inspection and denial or revocation of any license issued under this chapter.
(4) A person is responsible for violations of the Act or this chapter when committed by either the person or their agent.
(5) Each violation of the Act or this chapter is grounds for issuance of embargo or destruction orders for any HDC product held by the violator or their agent, denial or revocation of any license or registration issued by the department, actions for injunction, imposition of civil penalties, or pursuit of criminal charges against the violator.

Tenn. Comp. R. & Regs. 0080-10-01-.10

Emergency rules filed 6/28/2024; exp. through 12/25/2024 (Emergency).

Authority: T.C.A. §§ 4-3-203 and 43-27-211.