4-41a-402. Inspections.
(1) |
The department may inspect the records and facility of a cannabis production establishment at any time during business hours to determine if the cannabis production establishment complies with this chapter. |
Terms Used In Utah Code 4-41a-402
- Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
- Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
- Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
- Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
(2) |
(a) |
An inspection under this section may include:
(i) |
inspection of a site, facility, vehicle, book, record, paper, document, data, and other physical or electronic information; |
(ii) |
questioning of any relevant individual; |
(iii) |
observation of an independent cannabis testing laboratory‘s methods, standards, practices, and procedures; |
(iv) |
the taking of a specimen of cannabis or cannabis products sufficient for testing purposes; or |
(v) |
inspection of equipment, an instrument, a tool, or machinery, including a container or label. |
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(b) |
Notwithstanding Section 4-41a-404, an authorized department employee may possess and transport a specimen of cannabis or cannabis products for testing described in Subsection (2)(a). |
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(3) |
In making an inspection under this section, the department may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data. |
(4) |
Failure to provide the department or the department’s authorized agents immediate access to records and facilities during business hours in accordance with this section may result in:
(b) |
license or registration suspension or revocation; or |
(c) |
an immediate cessation of operations under a cease and desist order that the department issues. |
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Renumbered and Amended by Chapter 1, 2018 Special Session 3