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RULE §12.9Sanitation; Waste Disposal

(a) Licensees must maintain regulated premises in a clean and sanitary condition, and shall take all reasonable measures to ensure:

  (1) Litter and waste are routinely removed and waste disposal systems are routinely inspected in accordance with applicable local, state, or federal law, rule, regulation or ordinance;

  (2) Fixtures, floors, walls, ceilings, buildings or other facilities are kept in good repair;

  (3) Regulated premises are adequately screened and otherwise protected against the entry of pests;

  (4) Refuse disposal is conducted in a manner to minimize the development of odor and the potential for breeding of pests;

  (5) Contact surfaces, including utensils and equipment used for the cultivation, drying, trimming, or storage of product, are cleaned and sanitized in a manner to protect against contamination;

  (6) Potentially toxic chemicals used within the cultivation facility are identified, stored, and disposed of in a manner to protect against contamination of the product, in compliance with all applicable local, state, or federal laws, rules, regulations or ordinances;

  (7) Storage and transportation of product is under conditions that protect against physical, chemical, and microbial contamination;

  (8) Safes, vaults, and storage rooms are in good working order, with climate control systems sufficient to prevent spoilage;

  (9) Processing site is free of contamination and suitable for the safe and sanitary preparation of the product, including ensuring all equipment, counters and surfaces used for processing are food-grade and nonreactive with any solvent being used, with easily cleanable surface areas constructed in a manner to reduce the potential for development of mold or fungus;

  (10) Hand-washing facilities provide effective hand-cleaning and sanitizing materials, with sanitary towel service or hand drying devices, and hot and cold running water;

  (11) All persons working in direct contact with product conform to hygienic practices while on duty, including but not limited to:

    (A) Maintaining adequate personal cleanliness, including washing hands thoroughly before handling product and as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;

    (B) Refraining from direct contact with product if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected;

    (C) Keeping fingernails trimmed and filed so that the edges and surfaces are cleanable;

    (D) Unless wearing intact gloves in good repair, having no fingernail polish or artificial fingernails on the employee's fingernails;

    (E) Wearing clean clothing appropriate to assigned tasks or protective apparel such as coats, aprons, gowns, or gloves to prevent contamination; and

    (F) Reporting to the employer's director or manager any health condition experienced by the employee that may adversely affect the safety or quality of product with which the employee may come into contact;

  (12) Prohibiting any employee with a health condition that may adversely affect the safety or quality of the product from having direct contact with any product or equipment or materials for processing low-THC cannabis, or from performing any task that reasonably might contaminate or adversely affect any product.

(b) Destruction and disposal of waste materials resulting from the cultivation or processing of low-THC cannabis must be conducted in compliance with applicable state and local laws and regulations, and Code of Federal Regulations, Title 21, Part 1317, Subpart C. Any waste materials containing low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis must be rendered irretrievable, as defined in Code of Federal Regulations, Title 21, Part 1300. Waste water generated during production and processing must be disposed of in compliance with applicable state and local laws.

(c) Licensees are responsible for determining whether specific waste materials or waste water constitute hazardous waste under applicable federal or state regulations and for ensuring disposal of any such waste complies with applicable disposal regulations.

(d) All waste materials must be stored on the licensee's premises prior to destruction and disposal.

Source Note: The provisions of this §12.9 adopted to be effective March 15, 2017, 42 TexReg 1139

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