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RULE §12.4Records

(a) Records required under the Act or this chapter must be maintained and made available for inspection or copying for a period of two (2) years. Records may be maintained in digital form so long as a hard copy may be produced upon request of department personnel.

(b) In addition to any records otherwise required to be maintained under the Act or this chapter, licensees must specifically retain:

  (1) Copies of all application materials submitted to the department or relied on in making any representation or affirmation in conjunction with the application process;

  (2) Purchase, sale, and inventory records;

  (3) Shipping invoices, log books, records of duty status if applicable, delivery records and manifests reflecting the recipient's acknowledgment and establishing the chain of custody, relating to the transportation of:

    (A) Low-THC cannabis and any cannabis sativa plants intended for use in the processing of low-THC cannabis;

    (B) Raw materials used in or by-products created by the production or cultivation of low-THC cannabis;

    (C) Drug paraphernalia used in the production, cultivation or delivery of low-THC cannabis; or

    (D) Waste material resulting from cultivation, processing, or dispensing of low-THC cannabis.

  (4) Security records, including building access and visitor logs, video recordings, and transportation trip plans;

  (5) The licensee's drug-free workplace policy;

  (6) Records on all registered directors, managers, and employees, including a color photograph of the individual, a copy of the registration issued by the department, records reflecting the individual's position, assigned duties, and work schedule, and a copy of the company's drug-free workplace policy signed by the individual. These records must be maintained for two (2) years from the date employment is terminated;

  (7) Records of any disposal or destruction of waste materials resulting from cultivating, processing, or dispensing low-THC cannabis;

  (8) Records of any local or state regulatory inspections, including state or local fire marshal inspections; and

  (9) Records of all tests conducted in compliance with §12.7 of this title (relating to Testing, Production, and Packaging).

Source Note: The provisions of this §12.4 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139

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