AUTHORITY: Implementing and authorized by the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].

SOURCE: Adopted at 38 Ill. Reg. 16731, effective July 25, 2014; emergency amendment at 38 Ill. Reg. 17772, effective August 8, 2014, for a maximum of 150 days; emergency expired January 4, 2015; amended at 39 Ill. Reg. 5363, effective March 25, 2015.

SUBPART A: GENERAL PROVISIONS

 

Section 1000.10  Definitions and Incorporations

 

Definitions for this Part can be located in Section 10 of the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130/10].  The following definitions shall also apply to this Part:

 

"Act" means the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].

 

"Adequate supply" means 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source. The pre-mixed weight of medical cannabis used in making a cannabis-infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time. [410 ILCS 130/10(a)]

 

"Alterations" means permanent changes in activities or processes at a cultivation center, or changes in production, handling or storage of the product mix, that do not modify the efficiency of facility structures or systems.

 

"Applicant" means any corporation, limited liability company, association or partnership, limited liability partnership, or one or more individuals, principal officers, agency, business trust, estate, trust, or any other legal entity that is applying with the Illinois Department of Agriculture for a cultivation center permit under the Act.

 

"Area zoned for residential use" means an area zoned exclusively for residential use; provided that, in municipalities with a population over 2,000,000 people, "an area zoned for residential use" means an area zoned as a residential district or a residential planned development.

 

"Batch" means the established segregation of a group of plants at the time of planting for the control of quantity, traceability and/or strain.  A batch number will be assigned at the time of planting for a specified number of plants.  When plants reach 18 inches in height, a specific number will be assigned for each plant within that batch.  The batch number will remain with the segregated plants through harvest to final packaging.  The batch number will be included on the label of the package distributed for the end user.

 

"Batch number" means a unique numeric or alphanumeric identifier assigned to a batch by a cultivation center when the batch is first planted.  The batch number shall contain the facility number and a sequence to allow for inventory and traceability.

 

"Biosecurity" means a set of preventative measures designed to reduce the risk of transmission of infectious diseases in crops, quarantined pests, invasive alien species, and living modified organisms.

 

"Cannabis" means marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as Indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Section 3 of the Cannabis Control Act)

 

"Cannabis concentrate" means a product derived from medical cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice or dry ice; or butane, propane, CO₂, ethanol or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department.

 

"Cannabis plant monitoring system" means a system that includes, but is not limited to, testing and data collection established and maintained by the registered cultivation center and available to the Department for the purposes of documenting each cannabis plant and for monitoring plant development throughout the life cycle of a cannabis plant cultivated for the intended use by a qualifying patient from seed planting to final packaging. [410 ILCS 130/10(c)]

 

"Cannabis product" means a product containing medical cannabis either in a physical form or infused with an extracted resin.

 

"Cannabis waste" means any part of the plant that is not usable cannabis, or cannabis that cannot be processed as provided in Section 1000.510(d)(2).

 

"Child-resistant" means special packaging that is:

 

designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 CFR 1700.20 (1995) and ASTM classification standard D3475-14, http://www.astm.org/Standards/D3475.htm. This incorporation by reference does not include any later amendments or editions. The Department maintains copies of the applicable federal regulation and ASTM classification standard, that are available to the public;

 

closable for any product intended for more than a single use or containing multiple servings; and

 

labeled properly as required by Section 1000.420.

 

"Clone" means a plant section from a female cannabis plant not yet root-bound, growing in a water solution or other propagation matrix, that is capable of developing into a new plant.

 

"Crop input" means any substance that is used by a producer for the production of medical cannabis.  This may include pesticides as defined by the Illinois Pesticide Act or the American Association of Pesticide Control Officials, fertilizers as defined by the Illinois Commercial Fertilizer Act of 1961 or the American Association of Plant Food Officials, and soil amendments as defined by the Soil Amendment Act; 

 

"Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. [410 ILCS 130/10(e)]

 

"Cultivation center agent" means a principal officer, board member, employee, or agent of a registered cultivation center who is 21 years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(f)]

 

"Cultivation center agent-in-charge" or "agent-in-charge" means the cultivation center agent who has been designated by the cultivation center to have control and management over the day to day operations of the cultivation center.  A cultivation center may designate more than one agent-in-charge to cover varying operational work shifts, but may only have one per work shift.

 

"Cultivation center agent identification card" means a document issued by the Department of Agriculture that identifies a person as a cultivation center agent. [410 ILCS 130/10(g)]

 

"Cultivation center agent-in-charge identification card" means a document issued by the Department of Agriculture that identifies a cultivation center agent as an agent-in-charge.

 

"DD214" means a certified DD214 Certificate of Separation or Release from Active Duty Member Copy 4 or State Director of Veterans' Affairs Copy 6; a certified DD214 Report of Separation from Active Duty 2; or equivalent certified document indicating character of service and dates of service.  A DD214 can be certified by the State Department of Veterans' Affairs, county veterans' officials, and the federal Department of Veterans Affairs.

 

"Department" means the Illinois Department of Agriculture.

 

"DFPR" means the Illinois Department of Financial and Professional Regulation.

 

"DPH" means the Illinois Department of Public Health.

 

"Disqualifying conviction" means conviction of an excluded offense.

 

"Enclosed, locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients. [410 ILCS 130/10(k)]

 

"Excluded offense" means:

 

a violent crime defined in Section 3 of the Rights of Crime Victims and Witnesses Act or a substantially similar offense that was classified as a felony in the jurisdiction where the person was convicted; or

 

a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, except that the Department may waive this restriction if the person demonstrates to the Department's satisfaction that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use.

 

This exception does not apply if the conviction was under state law and involved a violation of an existing medical cannabis law. [410 ILCS 130/10(l)]

 

"Facility" shall refer to the permitted physical structures associated with the cultivation center.

 

"Financial interest" means any actual or future right to ownership, investment or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent or child, in a cultivation center. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent or child, in the aggregate, do not exceed one percent ownership in the cultivation center.

 

"Fingerprint-based criminal history records check" means a fingerprint-based criminal history records check conducted by the Department of State Police in accordance with the Uniform Conviction Information Act (UCIA) or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

 

"Flower" means the gametophytic or reproductive state of cannabis in which the plant is in a light cycle intended to produce flowers, trichromes and cannabinoids characteristic of cannabis.

 

"Immature plant" means a nonflowering cannabis plant that has an established root structure.

 

"ISP" means the Illinois Department of State Police.

 

"Label" means a display of written, printed or graphic matter on the immediate container of any product containing cannabis;

 

"Laboratory" means an independent laboratory located in Illinois and approved by the Department to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.

 

"Livescan" means an inkless electronic system designed to capture an individual's fingerprint images and demographic data (name, sex, race, date of birth, etc.) in a digitized format that can be transmitted to ISP for processing. The data is forwarded to the ISP Bureau of Identification (BOI) over a virtual private network (VPN) and then processed by ISP's Automated Fingerprint Identification System (AFIS). Once received at the BOI for processing, the inquiry may, as permitted by law, be forwarded to the Federal Bureau of Investigation (FBI) electronically for processing.

 

"Livescan vendor" means an entity licensed by the Department of Financial and Professional Regulation to provide commercial fingerprinting services under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

 

"Manufacturing" or "manufacture" means the process of converting harvested cannabis material into a finished product by manual labor and/or machinery designed to meet a specific need or customer expectation, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

 

"Medical cannabis" means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms. Medical cannabis can be administered in a variety of ways, including, but not limited to: vaporizing or smoking dried buds; using concentrates; administering tinctures or tonics; applying topicals such as ointments or balms; or consuming medical cannabis infused products.

 

"Medical cannabis cultivation center registration" means a registration issued by the Department of Agriculture. [410 ILCS 130/10(m)]

 

"Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization. [410 ILCS 130/10(n)]

 

"Medical cannabis dispensing organization" or "dispensing organization" or "dispensary organization" or "dispensary" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. [410 ILCS 130/10(o)]

 

"Medical cannabis dispensing organization agent" or "dispensing organization agent" means a principal officer, board member, employee, or agent of a registered medical cannabis dispensing organization who is 21 years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(p)]

 

"Medical cannabis-infused product" means food, oils, ointments, sodas, teas, capsules or other products containing usable cannabis that are not smoked. [410 ILCS 130/10(q)]  Only the portion of any cannabis-infused product that is attributable to cannabis shall count toward the possession limits of the dispensary and the patient.

 

"Medical use" means the acquisition; administration; delivery; possession; transfer; transportation; or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. [410 ILCS 130/10(r)]

 

"Modification" means changes in structures, processes or activities at a cultivation center that will alter the efficiency of production structures, processing systems, and/or changes in capacity within the center.

 

"Monitoring" means the continuous and uninterrupted video surveillance of cultivation activities and oversight for potential suspicious actions.  Monitoring through video surveillance includes the purpose of summoning a law enforcement officer to the premises during alarm conditions.  The Department and ISP or law enforcement agencies designated by ISP shall have the ability to access a cultivation center's monitoring system in real-time via a secure web-based portal.

 

"Motor vehicle" means a self-propelled vehicle as defined in Section 1-146 of the Illinois Vehicle Code.

 

"Natural processing" or "naturally produced" means the preparation of the harvested cannabis without significantly changing its physical form.

 

"Operational and Management Practices Plan" means a narrative description of all practices that will be employed at the facility for the production of medical cannabis and medical cannabis-infused products.  The plan shall include but is not limited to:

 

the types and quantities of medical cannabis products that will be produced at the facility;

 

the methods of planting (seed or clones), harvesting, drying and storage of medical cannabis;

 

the estimated quantity of waste material to be generated and plans for subsequent disposal;

 

the quantity and proposed method for disposal for all crop inputs utilized for plant production;

 

methods for training employees for the specific phases of production;

 

biosecurity measures to be implemented for plant production and edible infused product production;

 

planned response to discrepancies in accounting of product inventories;

 

sampling strategy and quality testing for labeling purposes;

 

procedures to follow for proper labeling; and

 

procedures to follow for handling mandatory and voluntary recalls of cannabis or cannabis-infused products.

 

"Permit" means a registration issued by the Department to a qualified applicant to operate a cultivation center.

 

"Permittee" means a qualified applicant who is issued a permit by the Department to operate a cultivation center.

 

"Person" includes, but is not limited to, a natural person, sole proprietorship, partnership, joint venture, limited liability partnership or company, corporation, association, agency, business, not-for-profit organization.

 

"Physician" means a doctor of medicine or doctor of osteopathy licensed under the Medical Practice Act of 1987 to practice medicine and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. It does not include a licensed practitioner under any other Act, including but not limited to the Illinois Dental Practice Act. [410 ILCS 130/10(s)]

 

"Principal officer" includes a prospective cultivation center or cultivation center owner, president, vice president, secretary, treasurer, partner, officer, board member, shareholder or person involved in a profit sharing arrangement.

 

"Producer backer" means any person (including any legal entity) with a direct or indirect financial interest in the applicant.

 

"Production" or "produce" means the planting, preparation, cultivation, growing, harvesting, propagation, compounding, conversion, natural processing or manufacturing of cannabis, and includes any packaging or repackaging of the substance, or labeling or relabeling of its container.

 

"Qualified applicant" means an applicant for a cultivation center permit who receives at least the minimum required score in each category required by the application.

 

"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. [410 ILCS 130/10(t)]

 

"Registered" means licensed, permitted, or otherwise certified by the Department of Agriculture under the Act. [410 ILCS 130/10(u)]

 

"Restricted access area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated, harvested, stored, weighed, packaged, sold or processed for sale, under control of the permitted facility.

 

"Sale" means any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.

 

"Security alarm system" means a device or series of devices intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress).  The Department and law enforcement agencies shall have the ability to access a cultivation center's security alarm system in real-time.

 

"THC" means tetrahydrocannabinol.

 

"THCA" means tetrahydrocannabinolic acid.

 

"Tincture" means a cannabis-infused solution, typically comprised of alcohol, glycerin or vegetable oils, derived either directly from the cannabis plant or from a processed cannabis extract. Tinctures may be added to foods and other liquids, applied directly to the skin, consumed orally by drinking a small quantity, or absorbed sublingually by placing a few drops under the tongue.

 

"Usable cannabis" means the seeds, leaves, buds, and flowers of the cannabis plant, and any mixture or preparation thereof, including the resin extracted from any part of the plant, but does not include the stalks, and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink. [410 ILCS 130/10(w)]

 

"USEPA" means the United States Environmental Protection Agency.

 

"Vegetative stage of growth" means that the cannabis plant consists of stems, leaves and roots and does not have any flowers or buds.

 

"Verification system" means a web-based system established and maintained by the Department of Public Health that is available to the Department of Agriculture, the Department of Financial and Professional Regulation, law enforcement personnel, and registered medical cannabis dispensing organization agents on a 24-hour basis for the verification of registry identification cards, the tracking of delivery of medical cannabis to medical cannabis dispensing organizations, and the tracking of the date of sale, amount, and price of medical cannabis purchased by a registered qualifying patient. [410 ILCS 130/10(x)]

 

"Veteran" means a person who served in one of the five active-duty Armed Services or their respective Guard or Reserve units, and who was discharged or released from service under conditions other than dishonorable.

 

"Violent crime" means any felony in which force or threat of force was used against the victim, or any offense involving sexual exploitation, sexual conduct or sexual penetration, or a violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of 2012, domestic battery, violation of an order of protection, stalking, or any misdemeanor which results in death or great bodily harm to the victim or any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death, and includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this definition, "personal injury" shall include any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or medical facility. A Type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene, or a substantially similar offense that was tried and convicted as a felony in the jurisdiction where the cultivation center agent, agent-in-charge, or applicant for a cultivation center agent or agent-in-charge identification card, was convicted. [725 ILCS 120/3(c)]

 

Section 1000.20  Referenced Materials

 

a)         The following federal statutes and regulations are referenced in this Part:

 

1)         Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.)

 

2)         Fair Packaging and Labeling Act (15 USC 1451 et seq.)

 

3)         Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180)(2013)

 

4)         Poison Prevention Packaging Act of 1970 (15 USC 1471 et seq.)

 

5)         Poison Prevention Packaging (16 CFR 1700)(2014)

 

6)         Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC 136)

 

b)         The following Illinois statutes are referenced in this Part:

 

1)         Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130]

 

2)         Administrative Review Law (Article III of the Code of Civil Procedure) [735 ILCS 5/Art. III]

 

3)         Cannabis Control Act [720 ILCS 550]

 

4)         Illinois Controlled Substances Act [720 ILCS 570]

 

5)         Illinois Food, Drug and Cosmetic Act [410 ILCS 620]

 

6)         Food Handling Regulation Enforcement Act [410 ILCS 625]

 

7)         Sanitary Food Preparation Act [410 ILCS 650]

 

8)         Illinois Uniform Conviction Information Act [20 ILCS 2635]

 

9)         Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447]

 

10)         Illinois Vehicle Code [625 ILCS 5]

 

11)         Criminal Code of 2012 [720 ILCS 5]

 

12)         Rights of Crime Victims and Witnesses Act [725 ILCS 120]

 

13)         Code of Civil Procedure [735 ILCS 5]

 

14)         Probate Act of 1975 [755 ILCS 5]

 

15)         Environmental Protection Act [415 ILCS 5] and 35 Ill. Adm. Code

 

16)         Illinois Pesticide Act [415 ILCS 60] and 8 Ill. Adm. Code 250

 

17)         Illinois Fertilizer Act of 1961 [505 ILCS 80]

 

18)         Soil Amendment Act [505 ILCS 120]

 

19)         Medical Practice Act of 1987 [225 ILCS 60]

 

20)         Illinois Dental Practice Act [225 ILCS 25]

 

21)         Weights and Measures Act [225 ILCS 470]

 

22)         Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]

 

c)         The following State administrative rules are referenced in this Part:

 

1)         The Illinois Food, Drug and Cosmetic Act (77 Ill. Adm. Code 720)

 

2)         Manufacturing, Processing, Packing or Holding of Food Code (77 Ill. Adm. Code 730)

 

3)         Food Service Sanitation Code (77 Ill. Adm. Code 750)

 

4)         Electronic Transmission of Fingerprint Requirements (20 Ill. Adm. Code 1265.30)

 

5)         Illinois Environmental Protection Agency Technical Policy Statement (35 Ill. Adm. Code 651 (Introduction and Definitions) and 653 (Design, Operation and Maintenance Criteria)

 

6)         Illinois Plumbing Code (77 Ill. Adm. Code 890)

 

7)         Illinois Pesticide Act (8 Ill. Adm. Code 250)

 

8)         Department of Public Health Compassionate Use of Medical Cannabis Patient Registry (77 Ill. Adm. Code 946.Subpart D)

 

9)         Weights and Measures Code (8 Ill. Adm. Code 600)

 

d)         Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

 

Section 1000.30  Scope and Application

 

a)         It is the duty of the Department to enforce the provisions of the Act relating to the registration and oversight of cultivation centers unless otherwise provided for in the Act. [410 ILCS 130/15(b)]

 

b)         A cultivation center shall be in compliance with all of this Part prior to the commencement of operational activities and/or storage of medical cannabis.

 

c)         This Part shall apply to applicants for and holders of a cultivation center permit to propagate, cultivate, harvest, prepare, cure, package, store and label medical cannabis, whether in concentrated form or otherwise.

 

d)         Authorized On-Premises Storage. A cultivation center is authorized to store cannabis and cannabis-infused products inventory on the permitted premises. All inventory stored on the permitted premises must be secured in a limited access area and tracked consistently with Section 1000.435.

 

e)         Packaging and Labeling Standards Required. A cultivation center is prohibited from selling cannabis that is not packaged and labeled in accordance with Section 1000.420. 

 

f)         Sale to Consumer Prohibited. A cultivation center is prohibited from selling cannabis or any cannabis-infused product directly to a consumer.

 

g)         Consumption Prohibited. A cultivation center shall not permit the consumption of cannabis or cannabis-infused products on its permitted premises.

 

h)         The Department, DPH and DFPR shall enter into intergovernmental agreements, as necessary, to carry out the provisions of the Act including, but not limited to, the provisions relating to the permitting and oversight of cultivation centers, dispensing organizations, and qualifying patients and caregivers. (Section 15 of the Act)

 

Section 1000.40  Operation of a Cultivation Center

 

a)         Only a cultivation center that has been issued a permit by the Department under the provisions of the Act and this Part shall own and operate a cultivation center facility.

 

b)         A cultivation center, including each principal officer, board member, agent and employee shall not:

 

1)         produce or manufacture cannabis in any place except in those areas designated in the permit;

 

2)         sell, deliver, transport or distribute cannabis from any place except its permitted cultivation facility;

 

3)         produce or manufacture cannabis for use outside of Illinois;

 

4)         sell, deliver, transport or distribute cannabis to any person or entity other than a dispensary organization registered with the DFPR, or a testing laboratory approved by the Department;

 

5)         enter into an exclusive agreement with any dispensary facility;

 

6)         refuse to conduct business with any dispensary facility that has the financial ability to pay for the medical cannabis and is licensed with the DFPR on the same terms and conditions as other dispensary facilities with whom the cultivation center is dealing;

 

7)         either directly or indirectly discriminate in price among different dispensary organizations that are purchasing a like grade, strain, brand and quality of cannabis or cannabis-infused product.  Nothing in this subsection (b)(7) prevents pricing medical cannabis differently based on differences in the cost of production, the quantities sold, such as volume discounts, the way the products are delivered, or delivery costs relative to distance travelled;

 

8)         accept, solicit or offer any form of remuneration from or to a physician;

 

9)         allow a physician to conduct a personal physical examination of a patient for purposes of diagnosing a debilitating medical condition at the permitted location;

 

10)        allow a physician to hold a direct or indirect economic interest in the cultivation center if the physician recommends the use of medical cannabis to qualified patients or is in a partnership or other fee or profitsharing relationship with a physician who recommends medical cannabis;

 

11)        allow a physician to serve on the board of directors or as an employee of the cultivation center; however, a cultivation center may hire a physician as an independent contractor provided the physician's involvement in the cultivation center is limited exclusively to designing or conducting non-proprietary medical research or studies;

 

12)        accept referral of patients from a physician;

 

13)        allow a physician to advertise at the cultivation center; or

 

14)        accept any returned product unless it is as a result of a Department approved product recall.

 

c)         A cultivation center permit shall allow the permittee to operate at a single cultivation center location.

 

d)         A single entity shall not be granted more than three cultivation center permits.  If a qualified applicant has been selected for more than three permits, the applicant shall notify the Department within 48 hours after notification, on the form provided by the Department, in which three Districts it chooses to receive permits and operate cultivation centers.  No person shall be an owner, partner, officer, director, shareholder, or member of more than three permitted cultivation centers.  No corporation, partnership, limited liability partnership, limited liability company, or other entity or subsidiary thereof shall be an owner, principal officer, partner, shareholder, or member of more than three permitted cultivation centers.  In the event that an entity is awarded a permit in a District and that entity forfeits that permit, the permit shall be awarded to the next highest scoring qualified applicant.

 

e)         A permitted cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use. (Section 105 of the Act)

 

f)         A permitted cultivation center is not subject to prosecution; search or inspection, except by the Department, Department of Public Health, or State or local law enforcement under Section 130 of the Act; seizure; or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for acting under the Act or this Part to: acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or sell cannabis to registered dispensing organizations. (Section 25 of the Act)

 

g)         A cultivation center shall provide evidence of financial responsibility, which shall be payable to the Department in the event the cultivation center fails to comply as follows: complete construction and begin production within six months after the permit has been issued; maintain production for any reason for more than 90 consecutive days after it has completed construction of the facility; or continue to operate the cultivation center in a manner that provides an uninterrupted supply of medical cannabis to licensed dispensaries during the term of the permit, sufficient enough to allow the licensed dispensaries to supply their registered qualifying patients with an adequate supply of medical cannabis. 

 

1)         Evidence of financial responsibility shall be provided by one of the following:

 

A)        Establishing and maintaining an escrow account in a chartered financial institution in Illinois in the amount of $2,000,000, except as otherwise provided in Section 1000.60, with escrow terms, approved by the Department, that it shall be payable to the Department in the event of circumstances outlined in this subsection (g).  A financial institution may not return money in an escrow or surety account to the cultivation center that established the account or a representative of the cultivation center unless the cultivation center or representative presents a statement issued by the Department indicating that the account may be released; or

 

B)        Providing a surety bond naming the cultivation center as principal of the bond, upon terms approved by the Department, in the amount of $2,000,000, except as otherwise provided in Section 1000.60, with terms approved by the Department that the bond defaults to the Department in the event of circumstances outlined in this subsection (g).  Bond terms include:

 

i)          The bond must be written by a surety company authorized and licensed by the Illinois Department of Insurance.

 

ii)         The business name and registration number on the bond must correspond exactly with the business name and registration number in the Department's records.

 

iii)        A copy of the bond must be received by the Department within 15 business days after notification of selection for a permit.

 

iv)        The bond shall not be canceled by a surety on less than 30 days' notice in writing to the Department.  If a bond is canceled and the cultivation center fails to file a new bond with the Department in the required amount on or before the effective date of cancellation, the cultivation center's permit shall be revoked.  The total and aggregate liability of the surety on the bond is limited to the amount specified on the bond.

 

2)         A cultivation center will not be held in default should the failure to comply be the direct result of an event or effect that cannot be reasonably anticipated or controlled, such as an act of God or nature and not the result of a lack of good faith effort. 

 

h)         The cultivation center shall provide documentation that it meets all federal, State and local building, zoning and fire codes and that all local ordinances are met.

 

i)          The use of pesticides as part of the growing process by a cultivation center must be in compliance with the provisions of Section 1000.470.

 

j)          Improper use of pesticides in the cultivation of a batch (Section 1000.470) may result in the destruction of the batch and denial, suspension or revocation of the cultivation center's permit.

 

Section 1000.50  Permits − General Provisions

 

a)         A cultivation center permit issued under this Part is the property of the State of Illinois and shall be surrendered upon demand of the Department.

 

b)         As part of the permit process, all applicants for a cultivation center permit shall sign a written statement certifying under penalty of perjury that:

 

1)         All of the information provided on the application is true and accurate to the best of the applicant's knowledge and that the applicant must notify the Department of any significant changes to any of the information provided to the Department during the application process, such as but not limited to ownership, financial interest, operational structure and criminal history.

 

2)         The applicant understands that the medical cannabis laws and enforcement of the laws by the State of Illinois and the federal government are subject to change at any time.

 

3)         The applicant understands that the cultivation center permit is not transferable, except as provided in Section 1000.120, and that the permit is the property of the State of Illinois and shall be surrendered upon demand of the Department.

 

4)         The applicant specifically acknowledges receipt and advisement of the notices contained in the application and agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the State of Illinois, including:

 

A)        Limitation of Liability − the State of Illinois shall not be liable to the permitted cultivation center, the cultivation center's agents, family members or guests for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the permitted cultivation center's participation in the Compassionate Use of Medical Cannabis Pilot Program, including, but not limited to, the following: arrest, seizure of persons and/or property, prosecution pursuant to State or federal laws by State or federal prosecutors, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other permittees, registrants or persons. This Limitation of Liability provision shall survive expiration or the early termination of the permit.

 

B)        Hold Harmless/Indemnification − the permitted cultivation center, its principal officers, board members, producer backers, agents, employees, family members or guests shall hold harmless and/or indemnify the State of Illinois, its officers and employees against any civil action or criminal penalty commenced against the State and/or its officers or employees resulting from participation in the Compassionate Use of Medical Cannabis Pilot Program.

 

C)        Federal Prosecution − the United States Congress has determined that cannabis is a controlled substance.  Illinois has placed cannabis in Schedule I of the Illinois Controlled Substances Act. Growing, distributing, transporting and possessing cannabis in any capacity, other than as part of a federally authorized research program, is a violation of federal laws. The State of Illinois' Compassionate Use of Medical Cannabis Pilot Program Act does not authorize any permittee to violate federal or state laws.

 

5)         The applicant understands that medical cannabis shall be transported only in a medical cannabis container as defined in Section 1000.10.

 

6)         The applicant understands that unused medical cannabis shall not be transferred, shared, given or delivered to any other person regardless of whether that person is participating in the Compassionate Use of Medical Cannabis Pilot Program.

 

7)         The applicant understands that qualifying patients and caregivers shall not grow or cultivate medical cannabis other than as a cultivation center agent.

 

8)         The applicant understands that the Department may deny an application if the documentation is incomplete, or if the Department determines, after an inquiry or investigation, that the information provided was false, misleading, forged or altered.

 

9)         The applicant understands that, upon issuance of a permit, the cultivation center is subject to random inspections by the Department, ISP and DPH.

 

Section 1000.60  Evidence of Financial Responsibility − Terms

 

a)         In addition to the other terms and conditions permitted by the Act and this Part, upon request by the cultivation center for consideration of the following, the Department shall, by written or electronic notification, permit the cultivation center's $2,000,000 escrow account or surety bond to be reduced by $500,000 upon the successful achievement of each of the following milestones, resulting in a potential elimination of the escrow account or surety bond:

 

1)         A determination by the Department that the cultivation center is fully operational and able to commence production of cannabis as provided for in the permit application of the cultivation center;

 

2)         A determination by the Department that the cultivation center remained operational without substantial interruption, was able to provide an uninterrupted supply of medical cannabis to licensed dispensaries, as required by Sections 1000.40(g) and 1000.240, and operated without any violation of the Act or this Part for a one year period;

 

3)         A determination by the Department that the cultivation center remained operational without substantial interruption, was able to provide an uninterrupted supply of medical cannabis to licensed dispensaries, as required by Sections 1000.40(g) and 1000.240, and operated without any violation of the Act or this Part for two consecutive years; and

 

4)         A determination by the Department that the cultivation center remained operational without substantial interruption, was able to provide an uninterrupted supply of medical cannabis to licensed dispensaries as required by Sections 1000.40(g) and 1000.240, and operated without any violation of the Act or this Part for three consecutive years.

 

b)         If a cultivation center voluntarily chooses not to renew its permit, provides notice of this decision in accordance with Section 1000.600 of this Part and is not in violation of the Act or this Part, the Department shall terminate the obligations under the escrow account or surety bond at the end of the permit term.

 

c)         Should the sunset provision of the Act, found in Section 220 of the Act, take effect and no successor medical cannabis program be in place allowing for the continuation of cultivation centers as provided for in this pilot program and this Part, provided the cultivation center is not in violation of the Act or this Part, any remaining amount left in escrow or under a surety bond shall be released to the cultivation center permit holder.

 

Section 1000.70  Variances

 

a)         The Department may grant variances from this Part in individual cases when it finds that:

 

1)         The applicable provision is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance;

 

3)         The provision from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome; and

 

4)         The variance requested is from the requirements of:

 

A)        Section 1000.220(a)(1) to allow a cultivation center to be located within 1000 feet of a dispensary; or

 

B)        Section 1000.40(b)(4) to allow the exchange or sale of seedlings, clones or cuttings of strains of cannabis between cultivation centers in the event of a shortage due to a catastrophic event or to promote the development and production of strains that are beneficial to patients.

 

b)         Any request for a variance shall be in writing (an original and 2 copies) and shall include the following:

 

1)         Identification of the specific requirement in question;

 

2)         A description of the variance;

 

3)         The rationale for the variance and why the provision or requirement is unreasonable or unnecessarily burdensome in the particular case;

 

4)         An explanation as to why no party will be injured if the variance is granted; and

 

5)         The fee required by Section 1000.140.

 

c)         Upon receipt of a request for a variance, the Director will appoint an unbiased panel of no more than three members to review the request.

 

1)         The panel may request additional information or documentation from the applicant.

 

2)         The panel shall either approve or deny the request within 30 calendar days after the date of receipt of the request, or the date of receipt of any additional information thereafter, and notify the applicant in writing.

SUBPART B: CULTIVATION CENTER PERMITS AND PERMIT SELECTION

 

Section 1000.100  Permit Application

 

a)         A cultivation center permit shall be obtained for each facility prior to commencement of any production activities.  The permit shall, along with any other certificate, business license or other authorization required to conduct production activities, be posted in a conspicuous place within the facility.

 

b)         The Department shall accept applications for cultivation center permits for 14 calendar days after the date indicated on the Department's website as the commencement date for accepting applications. 

 

1)         Submissions shall be considered as submitted on the date on which they are postmarked or, if delivered in person during regular business hours, on the date on which they are so delivered or, if sent electronically, on the date received by the Department if received on or before 5 p.m. Central Time.  If received electronically after 5 p.m. Central Time, they will be considered received on the next day.

 

2)         Submissions received after the 14 day period or any way other than required in this subsection (b) shall be returned to the applicant.

 

3)         Notification of the availability of applications will be posted on the Department's website at www.agr.state.il.us/.  Application forms will be made available online at that website and may be completed online and submitted electronically to that website, at the discretion of the Department, or sent via U.S. mail to the address set forth in the application.

 

c)         The permit application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application needed by the Department to make its determination on the permit request. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and bonus point category listed in Section 1000.110. The instructions/application will also identify the total minimum number of points necessary from the required criteria and measures to be eligible for consideration of the bonus point categories.  All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner.  If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant.  The applicant shall then have seven calendar days to resubmit the application in its entirety.  Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed:

 

1)         Except as provided in Section 1000.110(g) and (h); and

 

2)         Unless the applicant has applied for zoning approval from the local zoning authority and the matter is pending before the authority.  The applicant may submit verification of compliance with the local zoning rules once a ruling is issued by the local zoning authority.  In no event, however, may the verification be submitted more than 60 days after the date of submission of the application to the Department.

 

d)         An applicant applying for a cultivation center permit shall submit, in duplicate, the following:

 

1)         The proposed legal name of the cultivation center;

 

2)         The proposed physical address of the cultivation center and description of the enclosed, locked facility as it applies to cultivation centers where medical cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization;

 

3)         The name, address, and date of birth of each principal officer and board member of the cultivation center, provided that all those individuals shall be at least 21 years of age;

 

4)         Any instance in which a business that any of the prospective board members of the cultivation center had managed or served on the board of the business and was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding;

 

5)         Cultivation, inventory, and packaging plans;

 

6)         Proposed operating by-laws (Operation and Management Practices Plan) that include procedures for the oversight of the cultivation center, development and implementation of a plant monitoring system, medical cannabis container tracking system, accurate record keeping, staffing plan, and security plan reviewed by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under the Act.  A physical inventory shall be performed of all plants and medical cannabis containers on a weekly basis.  ISP may utilize the services of a private security contractor licensed by DFPR to assist with performing a security plan review;

 

7)         Experience with agricultural cultivation techniques and industry standards, including experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business;

 

8)         Any academic degrees, certifications, or relevant experience with related businesses;

 

9)         The identity of every person, association, trust, producer backer, partnership, other entity or corporation having any direct or indirect pecuniary interest in the cultivation center operation with respect to which the registration is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; (Section 85 of the Act)

 

10)        If a sole proprietorship, the name, residence and date of birth of the owner;

 

11)        If a partnership, the names and addresses of all partners, both general and limited (Section 85 of the Act) and any partnership or joint venture documents.

 

A)        For a domestic limited partnership, a copy of the Certificate of Limited Partnership and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days.

 

B)        For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from the Illinois Secretary of State and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days;

 

12)        If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents.

 

A)        For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days.

 

B)        For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from the Illinois Secretary of State and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days;

 

13)        If a corporation based in Illinois, a copy of the Articles of Incorporation and a copy of the Certificate of Good Standing issued by the Illinois Secretary of State or obtained from the Secretary of State's website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from the Illinois Secretary of State and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days.  If using an assumed name (d/b/a), a copy of the assumed name registration issued by the Secretary of State.  Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation (Section 85 of the Act);

 

14)        If a limited liability company:

 

A)        For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by the Illinois Secretary of State or obtained from the Secretary of State's website within the last 60 days, and a listing of the members of the limited liability company and his, her, or its contact information.

 

B)        For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by the Illinois Secretary of State, all dated within the last 60 days;

 

15)        If another type of business entity, the same or similar information, as applicable, to that listed in this subsection (d);

 

16)        Verification from the Illinois State Police that all background checks of the principal officer, board members, and registered agents have been conducted and those individuals have not been convicted of an excluded offense (Section 85 of the Act).

 

17)        A copy of the current local zoning ordinance to the Department and verification from the local zoning authority that the proposed cultivation center is in compliance with the local zoning rules issued in accordance with Section 140 of the Act (Section 85 of the Act).

 

A)        If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord, certifying consent that the applicant may operate a cultivation center on the premises at least through December 31, 2017; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center at least through December 31, 2017, and consent thereto by any mortgagees and/or perfected lienholders.

 

B)        If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating a cultivation center until at least December 31, 2017; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center at least through December 31, 2017, and consent thereto by any mortgagees and/or perfected lienholders.

 

C)        If the property is owned by the applicant, the applicant shall provide:  confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center at least through December 31, 2017, and consent thereto by any mortgagees and/or perfected lienholders;

 

18)        A non-refundable application fee as set forth in Section 1000.140 for each application.  Each application for a particular District shall be a separate application requiring a separate fee;

 

19)        A location area map of the area surrounding the proposed cultivation center.  The map must clearly demonstrate that the proposed cultivation center is not located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use (Section 105 of the Act);

 

20)        A plot plan of the cultivation center drawn to a reasonable scale.  If the cultivation center building is in existence at the time of the application, the applicant shall submit plans and specifications drawn to scale for the interior of the building.  If the building is not in existence at the time of application, the applicant shall submit a plot plan and a detailed drawing to scale of the interior and the architect's drawing of the building to be constructed;

 

21)        Documentation acceptable to the Department that the individual or entity filing the application has at least $500,000 in liquid assets.  Documentation acceptable to the Department includes a signed statement from an Illinois Licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;

 

22)        Documentation acceptable to the Department that the individual or entity filing the application will be able to obtain insurance sufficient to indemnify and hold harmless the State and its officers and employees as required in Section 1000.50(b)(4)(B);

 

23)        All relevant financial information as set forth in Section 1000.200;

 

24)        The name of any agent-in-charge for each work shift;

 

25)        If currently or previously licensed or authorized in another state or jurisdiction to produce or otherwise deal in the distribution of cannabis in any form, the following:

 

A)        A copy of each such licensing/authorizing document verifying licensure in that state or jurisdiction;

 

B)        A statement granting permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and

 

C)        If the license/authorization or application was ever denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.

 

e)         The applicant shall sign a notarized statement certifying that:

 

1)         No prospective principal officer or board member has been convicted of an excluded offense in any state or country;

 

2)         The cultivation center will register with the Illinois Department of Revenue should the applicant be granted a permit;

 

3)         The application is complete and accurate; and

 

4)         The applicant has actual notice that, notwithstanding any state law:

 

A)        Cannabis is a prohibited Schedule I controlled substance under federal law;

 

B)        Participation in the program is permitted only to the extent provided by the strict requirements of the Act and this Part;

 

C)        Any activity not sanctioned by the Act or this Part may be a violation of State law;

 

D)        Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

 

E)        Use of medical cannabis may affect an individual's ability to receive federal or State licensure in other areas;

 

F)         Use of medical cannabis, in tandem with other conduct, may be a violation of State or federal law;

 

G)        Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Section 25 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and

 

H)        Applicants shall indemnify, hold harmless, and defend the State of Illinois for any and all civil or criminal penalties resulting from participation in the program.

 

5)         The Department has authority to include additional certifications in the application that would be sufficient to ensure compliance with the program and all other applicable laws.

 

6)         All of applicant's principal officers and producer backers expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Department.

 

(Source:  Amended at 39 Ill. Reg. 5363, effective March 25, 2015)

 

Section 1000.110  Permits − Selection Criteria

 

a)         Each application shall address all criteria and measures as set forth in this Part.  The failure by an applicant to address all of the required criteria and measures will result in the application being denied.

 

b)         The required criteria and measures shall include the following, with each criteria accounting for up to the indicated maximum number of the total points available for each criteria:

 

1)         Suitability of the Proposed Facility (150 points):

 

A)        Measure 1: The applicant demonstrates that the proposed facility is suitable for effective and safe cultivation of medical cannabis, sufficient in size, power allocation, air exchange and air flow, interior layout, lighting, and sufficient both in the interior and exterior to handle the bulk agricultural production of medical cannabis, cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping.  The loading/unloading of medical cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight.

 

B)        Measure 2: The applicant demonstrates the ability to continue to meet qualifying patient demand by expanding the cultivation facility in a quick and efficient manner with minimal impact on the environment and the surrounding community.

 

C)        Measure 3: The applicant provides an employee handbook that will provide employees with a working guide to the understanding of the day-to-day administration of personnel policies and practices.

 

2)         Proposed Staffing Plan and Knowledge of Illinois Law and Rules Relating to Medical Cannabis (100 points):

 

A)        Measure 1: The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention; and

 

B)        Measure 2: The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.

 

3)         Security Plan (200 points):

 

A)        Measure 1: The applicant's security plan demonstrates its ability to prevent the theft or diversion of medical cannabis and how the plan will assist with ISP, Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1000.440, 1000.445 and 1000.450.

 

B)        Measure 2: The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with and dispose of unused or surplus medical cannabis through ISP and the Department.

 

C)        Measure 3: The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store medical cannabis, its security measures, including when the location is closed for business, and the steps taken to ensure that medical cannabis is not visible to the public.

 

D)        Measure 4: The applicant describes its transportation plan regarding procedures for safely and securely delivering medical cannabis to registered dispensaries.

 

4)         Cultivation Plan (300 points):

 

A)        Measure 1: The applicant shall describe its plan to provide a steady, uninterrupted supply of medical cannabis to registered dispensaries.

 

B)        Measure 2: The applicant demonstrates knowledge of cultivation methods to be used in the cultivation of cannabis. The applicant shall describe the various strains to be cultivated and its experience, if applicable, with growing those strains or comparable agricultural products.

 

C)        Measure 3: The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the medical cannabis to be provided to dispensaries.

 

5)         Product Safety and Labeling Plan (150 points):

 

A)        Measure 1: The applicant shall describe its plan for providing safe and accurate packaging and labeling of medical cannabis.

 

B)        Measure 2: The applicant shall describe its plan for testing medical cannabis and ensuring that all medical cannabis is free of contaminants, including but not limited to pesticides, microbiological, and residual solvent.  If applicable, the applicant shall provide quality history records showing specific testing results from laboratory testing conducted on the applicant's cannabis products.

 

C)        Measure 3:  The applicant shall describe its plan for establishing a recall of the applicant's products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to will cause serious adverse health consequences.  At a minimum, the plan should include the method of:  identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.

 

6)         Applicant's Business Plan and Services to be Offered (100 points):

 

A)        Measure 1: The applicant shall provide a business plan that describes how the cultivation center plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed cultivation center that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project.

 

B)        Measure 2: The applicant or its officers, board members, or incorporators demonstrates experience in business management and/or having medical industry, agricultural or horticultural experience and the extent of their involvement in or ability to influence the day-to-day operations of the facility.

 

C)        Measure 3: The business plan demonstrates a start-up timetable that provides an estimated time from permit approval of the cultivation center to full operation, and the assumptions used for the basis of those estimates.

 

c)         The Department shall award bonus points for preferred but not required initiatives in the following categories based on the applicant's ability to meet or exceed minimum requirements, with each initiative accounting for up to a maximum of 20 points each, for a maximum total of 160 bonus:

 

1)         Labor and Employment Practices: The applicant may describe any plans it has to:

 

A)        Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, and wage standards.

 

B)        Recruit and/or hire minorities, women, veterans, disabled persons and Illinois residents.

 

2)         Research Plan: The applicant may provide the Department with a detailed proposal to conduct, or facilitate, a scientific study or studies related to the medicinal use of cannabis. To the extent it has been determined, the applicant may include in its proposal, a detailed description of:

 

A)        The methodology of the study;

 

B)        The issues to be studied;

 

C)        The methods that will be used to identify and select study participants;

 

D)        The identity of all persons or organizations that will be worked with in connection with the study, including the role of each;

 

E)        The duration of the study; and

 

F)         The intended use of the study results.

 

3)         Community Benefits Plan: The applicant may provide the Department with a detailed description of any plans the applicant has to give back to the local community if awarded a cultivation center permit.

 

4)         Substance Abuse Prevention Plan: The applicant may provide a detailed description of any plans it will undertake, if awarded a cultivation center permit, to combat substance abuse in Illinois, including the extent to which the applicant will partner, or otherwise work with existing substance abuse programs.

 

5)         Local Community/Neighborhood Report:  The applicant may provide comments, concerns or support regarding the potential impact of the proposed location to the local community and neighborhood.  This may include the local community's concerns or support regarding the proposed location's proximity to substance abuse treatment centers, day care centers, schools and halfway houses.

 

6)         Environmental Plan:  The applicant may demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of medical cannabis.  The applicant may describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air.

 

7)         Verification of Minority Owned, Female Owned, Veteran Owned, or Disabled Person Owned Business:  The Minority, Female, Veteran, or Disabled Person applicant must own at least 51 percent of the entity applying for registration.  The percentage totals may include any combination of these types of businesses.  The Minority, Female, Veteran, or Disabled Person applicant must also share in control of management and day-to-day operations of the permitted facility.  Documentation must be submitted at the time of application that demonstrates the respective status of the applicant, including, but not limited to, certification under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575] for minority, female or disabled person applicants, or a DD214 for veteran applicants.  For purposes of this subsection (c)(7), minority, female, and disabled shall have the meanings ascribed in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575/2].

 

8)         Verification that the applicant's principal place of business is headquartered in Illinois. The names, addresses and verification of the applicant's proposed agents that reside in Illinois. The applicant may also provide a plan for generating Illinois-based jobs and economic development.

 

d)         Should the applicant be awarded a permit, the information and plan that an applicant provided in its application becomes a mandatory condition of the permit.  If a permittee fails to comply with standard and special conditions of the permit, the Department may assess a penalty or seek suspension or revocation of the permit pursuant to Section 1000.700.

 

e)         The Department may issue a cultivation center permit with conditions addressing weaker areas of the cultivation center's application that shall be addressed and corrected in the manner and timeframe set forth in the permit.

 

f)         There shall not be more than one permit issued per each of the 22 ISP District boundaries as specified on January 1, 2013. 

 

1)         A permit shall be issued to the qualified applicant receiving at least the minimum required score in each category and the highest total score overall as compared to the other applicants within the applicable district.

 

2)         ISP District Chicago (District C) incorporates ISP Districts 3 and 4.  Therefore, the Department shall issue two separate permits for ISP District C.

 

g)         In the event that two or more qualified applicants for a cultivation center permit receive the same total score, the Department shall select the applicant that received the highest score in the cultivation plan category. In the event that the same two applicants received the same score in the cultivation plan category, the Department shall select the applicant that received the highest score in the security plan category.

 

1)         If a tie score still remains, the tied applicants will be interviewed by an unbiased panel selected by the Department.

 

2)         The panel will judge the overall applications and suitability, sustainability and likelihood of success of the applicants and award the permit accordingly.

 

h)         In the event that there are no qualified applicants in a particular District, the applicant with the highest total score will meet with an unbiased panel selected by the Department to determine whether the applicant may be able to cure any deficiencies in the application to become qualified.  If the applicant is unable to cure the deficiencies, the panel will meet with the applicant with the next highest score to determine whether it may be able to cure any deficiencies in its application to become qualified.  If that applicant is unable to cure the deficiencies, and there are no qualified applicants in that particular District, the application process will be reopened.  All applicants will be required to submit a new fee and application for that District.

 

i)          If no qualified applicants are found during the process described in subsections (g) and (h), or if an applicant that is issued a conditional permit fails to fulfill the conditions of the conditional permit, or if no permit is issued or active in a particular District for any other reason, the Department shall announce another period to submit an application for that District.  The application period shall be for 30 calendar days from the date specified in the announcement. 

 

j)          The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate a cultivation center.  Notwithstanding an applicant satisfying the foregoing selection criteria, the Department may, in its discretion, refuse to issue a permit if it is not satisfied that an applicant, or any one required to be identified in the application by Section 1000.100, is a person of good character, honesty and integrity, and is not:

 

1)         A person whose background, including criminal charges, reputation and association, is injurious to the health, safety, morals, good order and general welfare of the People of the State of Illinois;

 

2)         A person whose background, criminal record, reputation, habits, social or business associations adversely affect public confidence and trust in the medical cannabis industry or poses a threat to the public interests of the State or to the security and integrity of the medical cannabis industry;

 

3)         A person who creates or enhances the dangers of unlawful practices, methods and activities in the medical cannabis industry, including, but limited to, product diversion;

 

4)         A person who presents questionable business practices and financial arrangements incidental to the medical cannabis industry;

 

5)         A person who associates with, either socially or in business affairs, or employs persons of notorious or unsavory reputation or who have extensive police records, or who have failed to cooperate with any officially constituted investigatory or administrative body; or

 

6)         A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any other jurisdiction.

 

(Source:  Amended at 39 Ill. Reg. 5363, effective March 25, 2015)

 

Section 1000.120  Permit Issuance; Transferability

 

a)         A cultivation center permit shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the permit and the location for which it is issued.

 

1)         A cultivation center permit is not transferable to a new location without Department approval.

 

2)         In the event that the Department approves the new location as meeting all requirements of the Act and this Part, the cultivation center shall have a brief transition period of no more than 90 days, approved by the Department, to transfer its inventory and begin operations at the new location.

 

A)        The transition period shall not begin until the new location is ready to begin production.

 

B)        No product may be transferred to or cultivated at the new location prior to the beginning date of this approved transition period.

 

C)        Any product remaining at the original location past the transition period shall be destroyed in accordance with the provisions of Section 1000.460.

 

D)        The cultivation center shall notify the Department in writing or by electronic transmission once the transfer of inventory is complete and production has begun at the new location.

 

3)         Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department shall issue a permit modification reflecting the new location. The modified permit shall have the same expiration date as the previously issued permit.

 

b)         A cultivation center permit shall be issued for the specific applicant identified in the application and shall not be transferable in whole or in part, with the following exceptions:

 

1)         A cultivation center permit may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased permittee if the permit was issued in the names of both of the parties.

 

2)         A cultivation center permit may be transferred, without charge, to an heir of a deceased permittee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975 [755 ILCS 5].  For the purpose of considering the qualifications of the heir to receive a cultivation center permit, the Department shall require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.

 

c)         The proposed sale of any outstanding or issued stock of a corporation permitted under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee (see Section 1000.140) will be charged for the processing of the change of stock ownership or corporate officers or board members.

 

d)         The proposed change of any person or principal officer of any permittee must be reported to the Department and Department approval must be obtained before the changes are made. A fee (see Section 1000.140) will be charged for the processing of any such change.

 

e)         A cultivation center permit shall not be leased or subcontracted, in whole or in part.

 

Section 1000.130  Permit Renewal

 

a)         Every cultivation center permit, agent and agent-in-charge identification card issued by the Department under the Act and this Part shall expire annually on the date it was issued. 

 

b)         Every renewal application for a permit, agent or agent-in-charge identification card issued pursuant to this Part and accompanied by the proper fees (see Section 1000.140) shall be filed annually with the Department at least 45 calendar days prior to the date the existing permit or registration expires.

 

c)         The Department shall send written notification of expiration to each permitted cultivation center at least 90 days prior to expiration.  However, failure to receive a renewal form from the Department shall not excuse the cultivation center from paying the renewal fee or renewing the permit prior to its expiration.  Except as allowed by subsection (e), production, sales and delivery of medical cannabis on an expired permit is not permitted and is grounds for imposition of discipline.

 

d)         The Department shall grant a renewal application within 45 days after its submission if the following conditions are satisfied:

 

1)         the registered cultivation center submits a renewal application and the required renewal fee; and

 

2)         the Department of Agriculture has not suspended the registration of the cultivation center or suspended or revoked the registration for violation of the Act or this Part. (Section 90 of the Act)

 

e)         Failure to renew prior to the expiration date of the applicable permit or agent or agent-in-charge identification card shall result in the permit or identification card being suspended for a maximum of 30 days, after which the permit, if not renewed, will be deemed expired. During the suspension, the cultivation center shall not sell or deliver any cannabis or cannabis-infused product.

 

f)         If a renewal application and all applicable fees are not submitted to the Department at least 30 calendar days after the expiration of the permit or identification card, the permit or identification card shall not be eligible for renewal, and the applicant shall cease and desist from all production, sale and delivery activities.

 

1)         If a permit renewal application and all applicable fees are not submitted to the Department at least 30 calendar days after the expiration of the permit, the Department shall accept applications for cultivation center permits in the applicable State Police District in accordance with Sections 1000.100 and 1000.110.

 

2)         The cultivation center shall dispose of all medical cannabis in its possession in accordance with Section 1000.460. 

 

g)         Upon request for renewal, the Department shall consider the permittee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.

 

h)         The Department may deny a renewal after consideration of the permittee's history of compliance.

 

Section 1000.140  Fees

 

a)         An applicant shall submit the following non-refundable fees with each permit and registration application submitted, in the form of a certified check or money order payable to the "Illinois Department of Agriculture", or by such other means as approved by the Department.

 

1)         The application fee for a cultivation center permit shall be $25,000 for each application submitted. In addition, if an application for a cultivation center permit is approved, the applicant shall pay a fee of $200,000 for each permit prior to receiving the permit.

 

2)         The fee for each annual renewal of a cultivation center permit shall be $100,000.

 

3)         The fee for a cultivation center agent or agent-in-charge identification card and for each renewal shall be $100.

 

4)         The fee for the issuance of a replacement cultivation center agent or agent-in-charge identification card shall be $50. 

 

5)         The fee for an application to change a cultivation center name or the change of stock ownership or principal officers shall be $1,000.

 

6)         The fee for an application to make modifications to a cultivation center shall be $5,000. In addition, upon approval of the application, the applicant shall pay an additional fee of $3,000.

 

7)         The fee for an application to make a physical, non-cosmetic alteration of a cultivation center, other than an expansion, shall be $1,000.

 

8)         The fee for a cultivation center to register a cannabis product with the Department shall be $100 per product name;

 

9)         The fee to request a variance shall be $200.

 

b)         All monies collected under the Act shall be deposited in the Compassionate Use of Medical Cannabis Fund in the State treasury. (Section 20 of the Act)

 

c)         The Department may, through the administrative rulemaking process, propose changes to the fees set forth in this Section if the Department deems that change is necessary to cover costs for implementation, administration and enforcement of the Act and this Part.

 

Section 1000.150  Modifications and Alterations

 

a)         A permit shall be amended before the commencement of any modification to the facility.  This includes any change that modifies the approved permit design capability of production or process areas, including change of capacity, efficiency or processes. 

 

b)         Before making any modification to a permitted facility, the cultivation center must complete an Application for Permit and Construction Approval and submit the application with the appropriate schedules to the Department.

 

c)         An amendment to the permit shall not be required for alterations at the facility.

 

Section 1000.160  Denial of Cultivation Center Application/Suspension or Revocation of Permit

 

a)         An application for a cultivation center permit must be denied if any of the following conditions are met:

 

1)         the applicant failed to submit the materials required by this Part;

 

2)         the applicant would not be in compliance with local zoning rules issued in accordance with Section 140 of the Act;

 

3)         one or more of the prospective principal officers or board members has been convicted of an excluded offense;

 

4)         one or more of the prospective principal officers or board members has served as a principal officer or board member for a registered dispensing organization or cultivation center that has had its registration revoked or suspended;

 

5)         one or more of the principal officers or board members is under 21 years of age;

 

6)         a principal officer or board member of the cultivation center has been convicted of a felony under the laws of this State, any other state, or the United States;

 

7)         a principal officer or board member of the cultivation center has been convicted of any violation of Article 28 of the Criminal Code of 2012, or substantially similar laws of any other jurisdiction; or

 

8)         the person has submitted an application for a permit under the Act and/or this Part which contains false information. (Section 85 of the Act)

 

b)         The Department may suspend or revoke a registration for violations of the Act and/or this Part.

 

c)         Nothing in this Part is intended to confer a property or other right, duty, privilege or interest entitling an applicant to an administrative hearing upon denial of an application.

SUBPART C: CULTIVATION CENTER REQUIREMENTS

 

Section 1000.200  Financial Disclosure

 

a)         When applying for a cultivation center permit, the applicant shall disclose all relevant financial information to the Department.  The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department.  If an applicant is issued a permit, this duty of ongoing disclosure shall continue throughout the permitted period.  These disclosures shall include:

 

1)         The ownership structure of the cultivation center;

 

2)         A current organizational chart that includes position descriptions and the names and resumes of persons holding each position to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating a cultivation center;

 

3)         Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, agreements between any two or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;

 

4)         A copy of all compensation agreements with producer backers, directors, owners, officers, growers, other high-level employees or any other persons required to complete these agreements;

 

5)         A compensation agreement that includes any agreement that provides, or will provide, a benefit to the recipient, whether in the form of salary, wages, commissions, fees, stock options, dividends, interest, bonuses or otherwise;

 

6)         The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed cultivation center;

 

7)         Audited financial statements for the previous fiscal year, which shall include, but are not limited to, an income statement, balance sheet, statement of retained earnings or owners' equity, statement of cash flows, and all notes to these statements and related financial schedules, prepared in accordance with generally accepted accounting principles, along with the accompanying independent auditor's report. If the applicant was formed within the year preceding the application for permit, provide certified financial statements for the period of time the applicant has been in existence and any pro forma financials used for business planning purposes;

 

8)         Complete copies of all federal, state and foreign (with translation) tax returns filed by the applicant for the last three years, or for the period the applicant has filed returns if less than three years;

 

9)         Complete copies of the most recently filed federal, state and/or foreign (with translation) tax returns filed by each producer backer and by each producer backer member identified in the applicant's application.

 

b)         The applicant shall disclose all sources of funding used to acquire or develop the business for which the permit is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.

 

c)         The applicant shall disclose the estimated expenditures to be incurred before the cultivation center is operational.

 

d)         The applicant shall disclose the estimated full facility cost and projected annual revenue of the cultivation center under operation.

 

e)         The applicant shall disclose whether any principal officer and/or board member has ever:

 

1)         Filed for bankruptcy;

 

2)         Defaulted on a student loan;

 

3)         Defaulted on alimony or child support payment;

 

4)         Been disciplined or sanctioned by a State or federal agency; or

 

5)         Been convicted of an excluded offense.

 

f)         The applicant shall disclose whether there are currently or have ever been any state or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.

 

Section 1000.210  Fingerprint-Based Criminal History Records Check

 

a)         No person who has been convicted of an excluded offense may be a cultivation center agent. (Section 105 of the Act)

 

b)         ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each cultivation center agent applying for a cultivation center agent identification card.

 

1)         ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

 

2)         For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

 

3)         The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

 

A)        Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

 

B)        Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

 

C)        Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

 

D)        If the fingerprints are rejected by ISP, the cultivation center agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

 

E)        In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

 

c)         Each cultivation center agent applying for a cultivation center agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a cultivation center agent identification card.

 

1)         The cultivation center agent shall submit to the Department, with the cultivation agent identification card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

 

2)         Cultivation center identification card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed.  The fingerprinting process is not completed until the Department receives the results from ISP.

 

3)         Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a cultivation center agent identification card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the State Police Services Fund.  A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

 

d)         The Department shall obtain from ISP a state and federal criminal records check, to the extent allowed by law, containing conviction information for each cultivation center agent applying for a cultivation center agent identification card.

 

e)         The Department will maintain the results of the criminal history records check in compliance the State Records Act [5 ILCS 160].

 

f)         The Department may deny an application or renewal for a cultivation center agent who has been convicted of an excluded offense.

 

g)         If the cultivation center agent has been convicted of any excluded offenses, the Department may approve a cultivation center agent identification card if the person demonstrates that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use. (Section 10 of the Act)  In determining whether to waive a conviction for excluded offenses, the Department shall determine whether the offense consisted of conduct for which, had it occurred on or after January 1, 2014, would likely have been protected by the Act and would likely not have resulted in a conviction.

 

h)         Convictions for violations of the medical cannabis laws of Illinois or any other state or jurisdiction shall not be waived by the Department.

 

i)          Should the Department not be able to obtain from ISP the required state and/or federal criminal records check required by the Act and this Section, the Department shall contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

 

Section 1000.220  Cultivation Center Facility Plans and Specifications

 

a)         Cultivation centers shall:

 

1)         Not be located closer than 1,000 feet to another cultivation center or a medical cannabis dispensary.

 

2)         Not be located closer than 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use.  [Section 105 of the Act]

 

3)         Not be in violation of any other local zoning requirements. 

 

b)         When applying for a permit, the applicant shall provide engineering plans and specifications of the entire cultivation center.  The plans and specifications shall include:

 

1)         A detailed plan and elevation drawings of all operational areas involved with the production of cannabis plants.  This should include dimensions and elevation referenced to a single facility benchmark;

 

2)         Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures and bio-security measures;

 

3)         Identification of all employee areas that are non-production areas;

 

4)         The location of all storage areas, ventilation systems, and equipment used for the production of cannabis;

 

5)         The location of all entrances and exits to the cultivation center;

 

6)         The location of any windows, skylights and roof hatches;

 

7)         The location of all cameras and their field of view;

 

8)         The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

 

9)         The location of the digital video recorder and alarm control panel;

 

10)         The location of all restricted and public areas;

 

11)         The location where all plant inputs and application equipment are stored;

 

12)         If applicable, the location of areas designated specifically for the production of cannabis-infused products; and

 

13)         The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of medical cannabis in the transport motor vehicle.

 

Section 1000.230  Measuring Distances

 

a)         In establishing the distance between one or more places (such as the actual distance of a cultivation center from a school or day care center, as defined in the Act), the distance shall be measured linearly and shall be the shortest distance between the closest point of the property lines of the places.

 

b)         If a boundary line measured by the Department touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the Department.

 

Section 1000.240  Failure to Open or Operate

 

a)         A cultivation center permit shall be surrendered to the Department upon written notice and demand if the cultivation center fails to begin production within six months after the permit has been issued. The cultivation center may submit a written request to the Department for an extension of time setting forth its justification for being unable to begin production within six months after the permit was issued.  The Department may grant an extension, at its discretion, for good cause shown.  Good cause may include unforeseen events, acts of nature and other events that prevent a good faith effort.  Good cause shall not include cost overruns, insufficient financing and other factors evidencing a lack of good faith effort.

 

b)         A cultivation center that fails to maintain production for any reason for more than 90 consecutive days after it has begun production shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it so failed and, if it plans on continuing to operate as a cultivation center, a description of how it will correct the problem and prevent it from occurring again.

 

1)         If no response is received from the cultivation center or if a response is received after the 30 day period, the permit shall be revoked and surrendered to the Department.

 

2)         If a response is received within the 30 day period, the Department shall review the response and either approve it and require the cultivation center to come into compliance or reject it and revoke the permit requiring the cultivation center to surrender its permit to the Department.  If the Department allows the cultivation center to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply to patients.

 

c)         Upon surrender of its cultivation center permit, the cultivation center shall forfeit the balance of its escrow account or surety bond required by Section 1000.40(g).

 

d)         A cultivation center that has failed to continue to operate the cultivation center in a manner that provides an uninterrupted supply of medical cannabis to licensed dispensaries as provided for in Section 1000.40(g) shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it was unable to provide the supply and how it will correct the situation in the future.

 

1)         If no response is received from the cultivation center or if a response is received after the 30 day period, the permit shall be revoked and surrendered and the escrow account or surety bond required by Section 1000.40(g) shall be forfeited to the Department.

 

2)         If a response is received within the 30 day period, the Department shall review the response and either accept it and require the cultivation center to come into compliance or reject and revoke it requiring the cultivation center to surrender its permit to the Department and forfeit its escrow account or surety bond.  If the Department allows the cultivation center to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply to patients.

 

Section 1000.250  Cultivation Center Records

 

a)         Each cultivation center shall keep and maintain upon the permitted premises for a five-year period true, complete, legible and current books and records, including the following:

 

1)         The date of each sale or distribution to a dispensary;

 

2)         The name, address and registration number of the dispensary;

 

3)         The item number, product name (description), and quantity of cannabis and cannabis-infused products registered by the Department and sold or otherwise distributed to the dispensary;

 

4)         The price charged and the amount received for the cannabis and cannabis-infused products from the dispensary;

 

5)         If the distribution was for a purpose other than sale, the reason for the distribution;

 

6)         The quantity and form of medical cannabis maintained at the cultivation center on a daily basis; and

 

7)         The amount of plants being grown at the cultivation center on a daily basis.

 

b)         Each cultivation center is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the permitted premises for a five-year period and must be made available for inspection if requested by the Department, and, when applicable, the Illinois Department of Revenue:

 

1)         Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;

 

2)         If applicable, bank statements and canceled checks for all accounts relating to the cultivation center;

 

3)         Accounting and tax records related to the cultivation center and each producer backer;

 

4)         Records of all financial transactions related to the cultivation center, including contracts and/or agreements for services performed or received that relate to the cultivation center;

 

5)         All employee records, including training, education, discipline, etc.;

 

6)         Soil amendment, fertilizers, pesticides as required by Section 1000.470, or other crop production aids applied to the growing medium or plants or used in the process of growing cannabis;

 

7)         Production records, including:

 

A)        planting, harvest and curing, weighing, destruction of cannabis, creating batches of cannabis-infused products, and packaging and labeling; and

 

B)        disposal of cannabis, cannabis-infused products and waste materials associated with production.

 

8)         Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;

 

9)         Transportation records as described in Section 1000.430;

 

10)         Inventory records as described in Section 1000.435;

 

11)         Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;

 

12)         All samples provided to anyone or any entity for any purpose; and

 

13)         Records of any theft, loss or other unaccountability of any cannabis seedlings, clones, plants, trim or other plant material, extracts, cannabis-infused products, or other items containing cannabis.

 

Section 1000.260  Automated Data Processing (ADP) and/or Point-of-Sale (POS) Systems

 

a)         The cultivation center shall keep records within an automated data processing (ADP) and/or point-of-sale (POS) system.  The system must include a method for producing legible records that will provide the same information required of that type of record by Section 1000.250.  The system must be compatible with the State's system in place at the time. 

 

b)         The ADP/POS system is acceptable if it complies with the following guidelines:

 

1)         Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.

 

2)         Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transactions are not made when they are processed, the system must have the ability to reconstruct these transactions.

 

3)         Has available a full description of the ADP/POS portion of the accounting system. This should show the applications being performed, the procedures employed in each application, and the controls used to ensure accurate and reliable processing.

 

c)         The provisions contained in this Section do not eliminate the requirement to maintain source documents.

 

Section 1000.270  Mandatory Signage

 

a)         Each permitted cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".

 

b)         Each permitted cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".

 

c)         A cultivation center agent must keep his or her identification card visible at all times when on the property of a cultivation center and during the transportation of medical cannabis to a registered dispensary organization. During these times, the cultivation center agent must also provide the identification card upon request of any law enforcement officer engaged in his or her official duties.

 

d)         Any visitor must keep his or her visitor pass visible at all times when on the property of a cultivation center.

SUBPART D: CULTIVATION CENTER AGENTS/AGENTS-IN-CHARGE

 

Section 1000.300  Cultivation Center Agents Application; Issuance; Surrender

 

a)         The cultivation center agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be denied.

 

b)         Each principal officer, board member, employee or agent of a registered cultivation center must apply to the Department for a cultivation center agent identification card.  Along with the application, the applicant shall submit:

 

1)         A copy of the applicant's social security card;

 

2)         A copy of the applicant's valid driver's license or state issued identification card;

 

3)         A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc.  The document must contain the applicant's full residence address;

 

4)         A sworn statement that the applicant has not been convicted of an excluded offense in any jurisdiction;

 

5)         Verification from ISP that the applicant's background check has been conducted and that the applicant has not been convicted of an excluded offense;

 

6)         The application fee; and

 

7)         Any additional information requested by the Department.

 

c)         Upon receipt and verification of the information specified in subsection (b), the Department shall:

 

1)         approve or deny the application within 30 days after receipt;

 

2)         issue each cultivation center agent an identification card, within 15 business days after approval, that shall expire one year after the date of issuance; and

 

3)         enter in its record system the registry identification number of the cultivation center where the agent works.

 

d)         No person shall begin working at a cultivation center prior to receiving his or her cultivation center agent identification card.

 

e)         The cultivation center identification card shall contain the following:

 

1)         The name of the cardholder;

 

2)         The date of issuance and expiration;

 

3)         A random 10 digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder; and

 

4)         A photograph of the cardholder.

 

f)         A registered cultivation center agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis cultivation center, to perform the actions listed under Section 1000.40.  (Section 25 of the Act)

 

g)         A cultivation center agent must keep his or her identification card visible at all times when on the property of a cultivation center and during the transportation of medical cannabis to a registered dispensary organization. (Section 100 of the Act)

 

h)         Upon termination of employment, the cultivation center agent identification cards shall be immediately returned to the cultivation center.  The cultivation center shall promptly return the identification cards to the Department.

 

i)          Any cultivation center agent identification card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft.

 

j)          Upon conviction of an excluded offense, the principal officer, board member or registered agent shall immediately notify the Department and shall surrender his or her identification card to the Department.

 

Section 1000.310  Suspension or Revocation of Agent Identification Card

 

a)         The Department may suspend or revoke a cultivation center agent identification card for any of the following reasons:

 

1)         Submission of misleading, incorrect, false or fraudulent information in the application or renewal application;

 

2)         Violation or violations of the requirements of the Act and this Part;

 

3)         Fraudulent use of the identification card;

 

4)         Selling, distributing, transferring in any manner, or giving medical cannabis to any unauthorized person;

 

5)         Tampering with, falsifying, altering, modifying or duplicating an identification card;

 

6)         Failure to notify the Department within 10 business days after becoming aware that the identification card has been lost, stolen or destroyed;

 

7)         Failure to notify the Department within 10 business days after a change in the information provided in the application for an identification card; or

 

8)         Conviction of an excluded offense following the issuance of an identification card.

 

b)         In addition, each of the following shall be grounds for the revocation of a cultivation center identification card:

 

1)         The cultivation center agent is convicted of a felony drug offense in Illinois or of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, or another country; or

 

2)         The cultivation center agent is deceased.

 

Section 1000.320  Cultivation Center Agent-in-Charge

 

a)         Every cultivation center shall designate, at a minimum, one agent-in-charge. Except as provided in subsection (h), maintaining an agent-in-charge is a continuing requirement for a valid cultivation center permit. 

 

b)         Every cultivation center agent-in-charge shall have a valid current cultivation center agent identification card applied for by the cultivation center and issued by the Department, as set forth in Section 1000.300, designating that individual as an agent-in-charge.  The application for the identification card with the agent-in-charge designation shall include authorization from a principal officer or board member of the cultivation center granting the designation.

 

c)         The agent-in-charge shall be a full-time officer or employee of the cultivation center and shall participate in cultivation center affairs.  Participation in cultivation center affairs includes, but is not limited to, responsibility for the overall operation of the cultivation center.  Participation in cultivation center affairs also includes the responsibility of the agent-in-charge for maintaining all files subject to audit or inspection by the Department. These files shall be located within Illinois.

 

d)         The agent-in-charge is responsible for notifying the Department, on forms provided by the Department, of any change of information required to be reported in any application for registration within 10 work days after the change.

 

e)         The agent-in-charge is responsible for maintaining the good standing of the permittee organization with the Secretary of State, if applicable, and for maintaining its authorization to conduct business in Illinois, if applicable.

 

f)         In determining whether an agent-in-charge participates in cultivation center affairs, the Department may consider the responsibilities identified in this Section, the number of employees under the direct supervision of the agent-in-charge, and the employment relationship between the agent-in-charge and the cultivation center, including the existence of a contract for employment and any other relevant fact or circumstance.

 

g)         The agent-in-charge is responsible for notifying the Department, on forms provided by the Department, of a change in the employment status of all cultivation center agents, and the nature and reason for the status change, within 10 work days after the change.

 

h)         Upon written request by an officer or board member of the cultivation center, within 10 days after the loss of an agent-in-charge due to the death or incapacity of that individual or termination of the employment of that individual, the Department shall issue a temporary certificate of authority allowing the continuing operation of the cultivation center. No temporary certificate of authority shall be valid for more than 90 days. An extension of an additional 90 days may be granted upon written request by the representative of the cultivation center. Not more than 2 extensions may be granted to any cultivation center. No temporary permit shall be issued for loss of the agent-in-charge because of disciplinary action by the Department related to his or her conduct on behalf of the cultivation center.

 

i)          The cultivation center agent-in-charge identification card shall expire annually on the date it was issued.  The cultivation center shall renew the agent-in-charge identification card annually.  The Department shall review the cultivation center's compliance history when determining whether to grant the request to renew.

 

j)          A cultivation center shall submit a full set of fingerprints, in the electronic format outlined in the Act and this Part, with the agent-in-charge's annual identification card renewal.

 

Section 1000.330  Denial, Suspension or Revocation of Agent-in-Charge Identification Card

 

The Department may deny, suspend or revoke a cultivation center agent-in-charge identification card, for any of the reasons for which it can deny, suspend or revoke a cultivation center agent identification card, or for the failure to comply with any additional duty or responsibility imposed upon an agent-in-charge, as set forth in the Act or this Part.

SUBPART E: CULTIVATION CENTER OPERATIONS

 

Section 1000.400  Production Areas − Plants

 

a)         Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.

 

b)         Each production area shall maintain an open aisle on all sides of each plant group to allow for unobstructed travel, observation and inventory of each plant group.

 

c)         Each production area shall be maintained free of debris.

 

d)         Biosecurity measures shall be implemented and maintained at all times.

 

e)         A record of all crop inputs shall be maintained for at least five years at the facility.  The record shall include the following (see Section 1000.470(g) for additional requirements for the use of pesticides):

 

1)         The date of application;

 

2)         The name of the individual making the application;

 

3)         The product that was applied;

 

4)         The section, including the square footage, that received the application (by group number);

 

5)         The amount of product that was applied; and

 

6)         A copy of the label of the product applied.

 

f)         At the time of planting, all plants shall be accounted for as a batch with a unique batch number that shall remain with the batch through final packaging.

 

g)         When a plant reaches 18 inches in height, it shall be assigned a specific number and so tagged with an individual tag that will be recorded electronically (RFID) or kept in an electronic file until harvest or destruction.  All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least 5 years.

 

h)         Any removal of plants from the batch shall be recorded on a permanent record and maintained on site.

 

i)          The batch number shall be displayed on the approved label of the product designated for distribution to a dispensing organization.

 

j)          All persons working in direct contact with medical cannabis shall conform to hygienic practices while on duty, including but not limited to the following:

 

1)         Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis plants are exposed;

 

2)         Floors, walls and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair;

 

3)         There shall be adequate lighting in all areas where medical cannabis is stored and where equipment or utensils are cleaned;

 

4)         There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;

 

5)         Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;

 

6)         Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical cannabis concentrates, and pesticide chemicals shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;

 

7)         Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers, and they shall be used in accordance with labeled instructions;

 

8)         The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs (see Section 1000.465);

 

9)         Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the cultivation center, and it shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines, pursuant to the Illinois Plumbing Code;

 

10)         All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis-infused product shall be conducted in accordance with adequate sanitation principles; and

 

11)         Medical cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.

 

Section 1000.405  Production Areas − Infused or Processed Products

 

a)         Any area within the cultivation center where cannabis will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act.

 

1)         No cannabis-infused products requiring refrigeration or hot-holding or considered potentially hazardous food (Section 4 of the Food Handling Regulation Enforcement Act) shall be manufactured at a cultivation center for sale or distribution at a dispensing organization due to the potential for food-borne illness.

 

2)         Cannabis-infused products for sale or distribution at a dispensing organization must be prepared by an approved staff member of a permitted cultivation center.

 

b)         The Department of Public Health may at all times enter every building, room, basement, enclosure, or premises occupied or used or suspected of being occupied or used for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of medical cannabis-infused products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.

 

c)         If a local health department has a reasonable belief that a cultivation center's cannabis-infused product poses a public health hazard, it may refer the cultivation center to the Department of Public Health for inspection. (Section 80 of the Act)

 

d)         General Sanitary Requirements. All areas permitted in the cultivation center for the production of cannabis-infused products shall take all reasonable measures and precautions to ensure that:

 

1)         Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with cannabis shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected.

 

2)         Hand-washing facilities are adequate and convenient and are furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the permitted premises and where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.

 

3)         All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:

 

A)        Maintaining adequate personal cleanliness;

 

B)        Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated;

 

C)        Refraining from having direct contact with cannabis 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 the condition is corrected.

 

4)         Litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed.

 

5)         Floors, walls and ceilings are constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

 

6)         There is adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned.

 

7)         There is adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests.

 

8)         Any buildings, fixtures and other facilities are maintained in a sanitary condition.

 

9)         Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance.

 

10)         All contact surfaces, including utensils and equipment used for the preparation of cannabis or cannabis-infused product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be designed and shall be of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers; they shall be used in accordance with labeled instructions.

 

11)        The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs.

 

12)        Plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to the required locations throughout the facility. Plumbing shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines.

 

13)        All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-infused products shall be conducted in accordance with adequate sanitation principles.

 

14)        Each cultivation center shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.

 

15)        Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.

 

e)         The permittee must request DPH to conduct a pre-operational inspection at all registered cultivation centers to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to or are operated or administered in conformity with good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.

 

f)         Permitted cultivation centers shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products.

 

g)         DPH will conduct inspections of registered cultivation centers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code and in accordance with DPH's Cannabis-Infused Products rules (77 Ill. Adm. Code 946.Subpart D).

 

h)         A cultivation center that prepares cannabis-infused products for sale or distribution at a dispensing organization shall be under the operational supervision of a certified food service sanitation manager. (Section 80 of the Act) Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).

 

Section 1000.410  Cultivation Center Management and Operations

 

a)         A cultivation center shall:

 

1)         Have storage areas that provide adequate lighting, ventilation, temperature, sanitation, humidity, space, equipment and security conditions for the production and manufacture of cannabis;

 

2)         Separate for storage, in a quarantined area, cannabis that is outdated, damaged, deteriorated, misbranded or adulterated, or whose containers or packaging have been opened or breached, until that cannabis is destroyed pursuant to Section 1000.460;

 

3)         Be maintained in a clean and orderly condition;

 

4)         Be free from infestation by insects, rodents, birds or vermin of any kind; and

 

5)         Produce no products other than useable cannabis and cannabis-infused products intended for human consumption.

 

b)         All areas in the cultivation center shall be compartmentalized based on function, and access shall be restricted between compartments. The facility shall establish, maintain and comply with written policies and procedures provided in the Operational and Management Practice Plan approved by the Department regarding best practices for secure and proper production of cannabis. These shall include, but not be limited to, policies and procedures that:

 

1)         Restrict movement between production compartments;

 

2)         Ensure that only personnel necessary for a production function have access to that compartment of the cultivation center; and

 

3)         Document the chain of custody of all cannabis and cannabis-infused products.

 

c)         Cultivation centers shall establish, maintain and comply with the policies and procedures contained in the Operations and Management Practices Plan, approved by the Department, for the production, security, storage, inventory and distribution of cannabis products. The policies and procedures shall include methods for identifying, recording and reporting diversion, theft and loss, and for correcting all errors and inaccuracies in inventories. Cultivation centers shall include in their written policies and procedures a process for the following:

 

1)         Handling mandatory and voluntary recalls of cannabis or cannabis-infused products. The procedure shall be adequate to deal with:

 

A)        recalls due to any action initiated at the request of the Department and any voluntary action by the cultivation center to remove from the market defective or potentially defective cannabis or cannabis-infused products, or any product that has failed laboratory testing as required by this Part or has been found to have a reasonable probability that its use or exposure will cause serious adverse health consequences; and

 

B)        any action undertaken to promote public health and safety by replacing existing cannabis or cannabis-infused products with improved products or packaging.

 

2)         Preparing for, protecting against, and handling any crises that affect the security or operation of any facility in the event of strike, fire, flood or other natural disaster, or other situations of local, State or national emergency.

 

3)         Ensuring that any outdated, damaged, deteriorated, misbranded or adulterated cannabis is segregated from other cannabis and destroyed. This procedure shall provide for written documentation of the cannabis disposition.

 

4)         Ensuring the oldest stock of a specific desired strain of a cannabis product is distributed first. The procedure may permit deviation from this requirement if the deviation is temporary and appropriate.

 

Section 1000.415  Containment Management and Operations

 

a)         All cannabis in the process of production, distribution, transfer or analysis shall be stored in such a manner as to prevent diversion, theft or loss, shall be accessible only to the minimum number of specifically authorized personnel essential for efficient operation, and shall be returned to its secure location immediately after completion of the process or at the end of the scheduled business day. If a production process cannot be completed at the end of a working day, the processing area or tanks, vessels, bins or bulk containers containing cannabis shall be securely locked inside an area that affords adequate security.

 

b)         No person, except cultivation center agents, local law enforcement, the Department or the Department's authorized representative, DPH inspectors, or other federal, State or local government officials when necessary to perform their governmental duties, shall be allowed on the premises of a cultivation center, except that:

 

1)         Laboratory staff may enter a cultivation center for the sole purpose of identifying and collecting cannabis samples for purposes of conducting laboratory tests;

 

2)         Emergency personnel may enter a cultivation center when necessary to perform their duties;

 

3)         Upon written notice to the Department, a cultivation center may allow contractors to enter a cultivation center when they are working on a job unrelated to medical cannabis, such as installing or maintaining security devices or performing electrical wiring; and

 

4)         Upon prior written request, the Department or the Department's authorized representative may permit other persons to enter a cultivation center.

 

c)         All persons who are not cultivation center agents, but who are permitted on the premises of a cultivation center pursuant to subsection (b), shall obtain a visitor identification badge from cultivation center personnel prior to entering the cultivation center, and shall be escorted and monitored at all times by cultivation center personnel. The visitor identification badge shall be visibly displayed at all times while the visitor is in the cultivation center. All visitors, after presenting valid government issued identification with a picture shall be logged in and out, and that log shall include the date, time and purpose of the visit and shall be maintained and made available to the Department, at any time, for a period of five years.  All visitor identification badges shall be returned to the cultivation center personnel upon the visitor exiting the cultivation center.

 

d)         Except as otherwise provided by this Part (e.g., see Section 1000.445), the use and/or possession of cell phones, cameras and any other audio or video recording device by any cultivation center agent, visitor or other individual shall be prohibited inside the production area of a cultivation center, except when used for legitimate business purposes of the cultivation center, such as, but not limited to, communication with employees and the identification of plant disease with off-site experts.

 

Section 1000.420  Packaging and Labeling of Medical Cannabis and Cannabis-Infused Products

 

a)         Each cannabis product produced for sale shall be registered with the Department on forms provided by the Department. Each product registration shall include a label and the required registration fee (Section 1000.140).  The registration fee is for the name of the product offered for sale and one fee shall be sufficient for all package sizes.

 

b)         All harvested cannabis intended for distribution to a dispensing organization must be packaged in a sealed, labeled, medical cannabis container. 

 

c)         Packaging of any product containing cannabis shall be child-resistant and light-resistant consistent with current standards, including the Consumer Product Safety Commission standards referenced by the Poison Prevention Act.

 

d)         Each cannabis product shall be labeled by the cultivation center prior to sale to a dispensary and each label shall be securely affixed to the package and shall state in legible English:

 

1)         The name and P.O. Box of the registered cultivation center where the item was manufactured;

 

2)         The common or usual name of the item and the registered name of the cannabis product that was registered with the Department pursuant to subsection (a);

 

3)         A unique serial number that will match the product with a producer batch and lot number to facilitate any warnings or recalls the Department or producer deems appropriate;

 

4)         The date of final testing and packaging, if sampled, and the identification of the independent testing laboratory;

 

5)         The date of manufacture and "use by" date;

 

6)         The quantity (in ounces or grams) of cannabis contained in the product;

 

7)         A pass/fail rating based on the laboratory's microbiological, mycotoxins, and pesticide and solvent residue analyses, if sampled;

 

8)         Content List

 

A)        A list of the following, including the minimum and maximum percentage content by weight for subsections (d)(8)(A)(i) through (iv):

 

i)          delta-9-tetrahydrocannabinol (THC);

 

ii)         tetrahydrocannabinolic acid (THCA);

 

iii)        cannabidiol (CBD);

 

iv)        cannabidiolic acid (CBDA); and

 

v)         any other ingredients besides cannabis.

 

B)        The acceptable tolerances for the minimum percentage printed on the label for any of subsections (d)(8)(A)(i) through (iv) shall not be below 85% or above 115% of the labeled amount;

 

9)         A statement that the product is for medical use and not for resale or transfer to another person.

 

e)         Medical Cannabis-Infused Products.  All items shall be individually wrapped or packaged at the original point of preparation. The packaging of the medical cannabis-infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and, in addition to the other requirements set forth in this Section, shall include the following information in English on each product offered for sale or distribution:

 

1)         All ingredients of the item, including any colors, artificial flavors and preservatives, listed in descending order by predominance of weight shown with common or usual names;

 

2)         The following phrase: "This product was produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens.";

 

3)         Allergen labeling as specified in the Federal Food, Drug and Cosmetics Act, Federal Fair Packaging and Labeling Act, and the Illinois Food, Drug and Cosmetic Act;

 

4)         The pre-mixed total weight (in ounces or grams) of usable cannabis in the package (the pre-mixed weight of medical cannabis used in making a cannabis-infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time);

 

5)         A warning that the item is a medical cannabis-infused product and not a food must be distinctly and clearly legible on the front of the package;

 

6)         A clearly legible warning emphasizing that the product contains medical cannabis and is intended for consumption by registered qualifying patients only;

 

7)         Ingredients List

 

A)        A list of the following ingredients, including the minimum and maximum percentage content by weight for subsections (e)(7)(A)(i) through (iv):

 

i)          delta-9-tetrahydrocannabinol (THC);

 

ii)         tetrahydrocannabinolic acid (THCA);

 

iii)        cannabidiol (CBD);

 

iv)        cannabidiolic acid (CBDA); and

 

v)         any other ingredients besides cannabis.

 

B)        The acceptable tolerances for the minimum percentage printed on the label for any of subsections (e)(7)(A)(i) through (iv) shall not be below 85% or above 115% of the labeled amount.

 

f)         THC and CBD Container Content and Restriction

Each individually packaged medical cannabis-infused product, even if comprised of multiple servings, shall include the total milligram content of THC and CBD and may not include more than a total of 100 milligrams of active THC.

 

g)         The label shall not contain any of the following information:

 

1)         Any false or misleading statement or design;

 

2)         Any seal, flag, crest, coat of arms or other insignia likely to mislead the qualified patient to believe that the product has been endorsed, made or used by the State of Illinois or any of its representatives; or

 

3)         Depictions of the product, cartoons or images other than the cultivation center's logo.  Medical cannabis-infused products shall not bear a reasonable resemblance to any product available for consumption as a commercially available candy.

 

h)         It is a violation for anyone other than the end user to alter, obliterate or destroy any label attached to a medical cannabis container to administer the product.

 

i)          For each commercial weighing and measuring equipment device used at a facility, the cultivation center must:

 

1)         Ensure that the commercial device is licensed pursuant to the Weights and Measures Act and the associated administrative rules (8 Ill. Adm Code 600);

 

2)         Maintain documentation of the licensure of the commercial device; and

 

3)         Provide a copy of the license of the commercial device to the Department for review upon request.

 

Section 1000.425  Advertising

 

Cultivation centers may not advertise through any public medium, including but not limited to newspapers, television, radio or any means designed to market its products to the public.  Cultivation centers may market their products directly to registered dispensaries or physicians through direct mail, brochures or other means directed solely to the dispensaries and not available to the public.

 

Section 1000.430  Transportation of Cannabis and Cannabis-Infused Products

 

a)         Prior to transporting any cannabis or cannabis-infused product, a cultivation center shall:

 

1)         Complete a shipping manifest using a form prescribed by the Department; and

 

2)         Securely transmit a copy of the manifest to the dispensary facility that will receive the products and to the Department before the close of business the day prior to transport.  The manifest shall be made available to the ISP upon request.

 

b)         The cultivation center shall maintain all shipping manifests and make them available at the request of the Department.

 

c)         Cannabis products that are being transported shall:

 

1)         Only be transported in a locked, safe and secure storage compartment that is part of the motor vehicle transporting the cannabis, or in a locked storage container that has a separate key or combination pad; and

 

2)         Not be visible from outside the motor vehicle.

 

d)         Any motor vehicle transporting cannabis shall travel directly from the cultivation center to the dispensary facility, or a testing laboratory, and shall not make any stops in between except to other dispensary facilities or laboratories, for refueling or, in case of an emergency. In case of emergency, the agents will report the emergency immediately to law enforcement through the 911 emergency system and the cultivation center, which will immediately notify the Department.

 

e)         A cultivation center shall ensure that all delivery times and routes are randomized.

 

f)         A cultivation center shall staff all transport motor vehicles with a minimum of two employees. At least one delivery team member shall remain with the motor vehicle at all times that the motor vehicle contains cannabis.

 

g)         Each delivery team member shall have access to a secure form of communication with personnel at the cultivation center and the ability to contact law enforcement through the 911 emergency system at all times that the motor vehicle contains cannabis.

 

h)         Each delivery team member shall possess his or her department issued identification card at all times when transporting or delivering cannabis and shall produce it for the Department or Department's authorized representative or law enforcement official upon request.

 

Section 1000.435  Inventory

 

a)         Each cultivation center, prior to commencing business, shall:

 

1)         Conduct an initial comprehensive inventory of all cannabis at the facility. If a cultivation center commences business with no cannabis on hand, the cultivation center shall record this fact as the initial inventory; and

 

2)         Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the cultivation center to detect any diversion, theft or loss in a timely manner.

 

b)         Upon commencing business, each cultivation center shall conduct a weekly inventory of cannabis stock, which shall include, at a minimum:

 

1)         the date of the inventory;

 

2)         a summary of the inventory findings;

 

3)         the name, signature and title of the individuals who conducted the inventory and the agent-in-charge who oversaw the inventory; and

 

4)         the product name and quantity of cannabis plants or cannabis-infused products at the facility.

 

c)         The record of all medical cannabis sold or otherwise disposed of shall show:

 

1)         the date of sale;

 

2)         the name of the dispensary facility to which the medical cannabis was sold;

 

3)         the batch number, product name and quantity of cannabis sold; and

 

4)         if applicable, the date, quantity, manner in which and reason why any cannabis was destroyed.

 

d)         A complete and accurate record of all plant stock or products of cannabis on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the cultivation center agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.

 

e)         All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times.

 

f)         Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record.  The receipt shall be kept for five years.

 

Section 1000.440  Cultivation Center Storage

 

a)         A cultivation center shall:

 

1)         Not produce or maintain cannabis in excess of the quantity required for normal, efficient operation;

 

2)         Store all cannabis and cannabis-infused products in a safe, vault or secured room and in such a manner as to prevent diversion, theft or loss;

 

3)         Maintain all cannabis that is not part of a finished product in a secure area or location within the cultivation center accessible only to specifically authorized personnel, which shall include only the minimum number of employees essential for efficient operation;

 

4)         Keep all approved safes, vaults, or other equipment or areas used for the production or storage of cannabis securely locked or protected from entry, except for the actual time required to remove or replace cannabis;

 

5)         Keep all locks and security equipment in good working order;

 

6)         Not allow keys to be left in the locks and not store or place keys in a location accessible to persons other than specifically authorized personnel;

 

7)         Not allow other security measures, such as combination numbers, passwords or electronic or biometric security systems, to be accessible to persons other than specifically authorized personnel; and

 

8)         Keep the cultivation center securely locked and protected from unauthorized entry at all times.

 

b)         If a cultivation center presents special security issues, such as extremely large stock of cannabis, exposed handling or unusual vulnerability to diversion, theft or loss, the Department may require additional safeguards, such as supervised watchman service.

 

c)         If a loss, theft or diversion of cannabis has occurred from a cultivation center, the cultivation center shall notify the Department and the nearest ISP District immediately.  The Department and ISP shall determine the appropriate storage and security requirements for all cannabis in the cultivation center, and may require additional safeguards to ensure the security of the cannabis.  If a reduction in the amount of medical cannabis in the cultivation center's inventory is due to suspected criminal activity, the cultivation center shall immediately report the reduction to the Department and ISP, which may then notify local law enforcement.

 

d)         Any cultivation center whose permit is revoked or not renewed shall dispose of its entire stock of cannabis under conditions approved by the Department.

 

e)         Any area of a cultivation center containing cannabis, including a room with an approved safe or approved vault, shall have a sign posted at all entryways, which shall be a minimum of 12 inches in height and 12 inches in length and shall state: "Do Not Enter − Limited Access Area – Access Limited to Authorized Personnel Only" in lettering no smaller than one inch in height.

 

f)         Notwithstanding the requirements of this Section, nothing shall prohibit members of the Department, local law enforcement or other federal, State or local government officials from entering any area of a cultivation center if necessary to perform their governmental duties, or persons authorized by the Department (see Section 1000.415(b)).

 

g)         Cultivation centers shall provide current copies of cultivation center floor plans to ISP and local law enforcement that have jurisdiction in the area where the cultivation center is located.

 

Section 1000.445  Electronic Security System

 

a)         A cultivation center shall be required to operate and maintain in good working order a 24 hour, seven days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:

 

1)         Visually records and monitors all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The cultivation center shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions.

 

2)         Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

 

3)         The recording device shall be digital and meet the following minimum standards:

 

A)        Displays a date and time stamp on all recorded video.

 

B)        Can produce a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC, and shall include any required player software on the disc.

 

C)        The ability to remain operational during a power outage.

 

D)        Allow for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif.  Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place.  Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system.  All recordings shall be erased or destroyed prior to disposal.

 

4)         A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times.

 

5)         Electronic recording security systems are required to be maintained in good working order at all times. The owner of a cultivation center shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system.

 

6)         Security recordings shall meet the following minimum requirements:

 

A)        The recorded image resolution shall be at least D1; and

 

B)        The recorded image frame rate shall be at least three frames per second during alarm or motion based recording.

 

7)         Security recordings shall be retained by the cultivation center for a minimum of 90 days at the permitted premises and an additional 90 days off site (e.g., cloud storage).  The recording system for the security cameras must be located in a locked, tamper-proof compartment.  A cultivation center shall be prohibited from taping over existing security video from the last 60 days.

 

8)         Have available a video printer capable of immediately producing a clear still photo from any video camera image.

 

9)         Upon request, the recording or any photo shall be turned over to ISP or the Department.

 

b)         Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel that have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.

 

c)         The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal.

 

Section 1000.450  Alarm System

 

a)         A cultivation center shall install, maintain and use a professionally monitored robbery and burglary alarm system meets the following requirements:

 

1)         At a minimum, the system shall provide coverage of all facility entrances and exits, rooms with exterior windows, rooms with exterior walls, roof hatches, skylights and storage rooms that contain safes.

 

2)         Duress alarm, which means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system.

 

3)         Panic alarm, which means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.

 

4)         Holdup alarm, which means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

 

5)         Automatic voice dialer, which means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message requesting dispatch, when activated, over a telephone line, radio or other communication system to a law enforcement, public safety or emergency services agency.

 

6)         A failure notification system that provides an audible, text or visual notification of any failure in the surveillance system. The failure notification system shall provide an alert to the cultivation center, within five minutes after the failure, by telephone, email or text message.

 

7)         The ability to remain operational during a power outage and ensure all access doors are not solely controlled by an electronic access  panel to ensure that locks are not released during power outage.

 

b)         The system shall be inspected and all devices tested annually by a qualified alarm vendor.

 

Section 1000.455  Hours of Operation

 

a)         A cultivation center shall not be open to the public.

 

b)         A cultivation center may operate its business 24 hours a day.

 

c)         A cultivation center may deliver to licensed medical cannabis dispensaries only between the hours of 7 a.m. and 9 p.m.

 

d)         A cultivation center shall only allow on the permitted premises those set forth in Section 1000.415(b) and (c).

 

e)         The Department may further limit the hours of operation for a cultivation center on a case-by-case basis as the result of the cultivation center's failure to comply with the Act or this Part or for any other reason that the Department deems the limit to be necessary.

 

Section 1000.460  Waste Disposal

 

a)         Cannabis Waste.  Cannabis waste must be stored, secured, locked and managed in accordance with State regulations and as submitted and approved in the cultivation center's Operations and Management Practices Plan.

 

b)         Liquid Waste. Liquid waste from a cultivation center shall be disposed of in compliance with the Illinois Environmental Protection Act and 35 Ill. Adm. Code.

 

c)         Hazardous Waste. Disposal of hazardous and chemical waste must be conducted in a manner consistent with federal, State and local laws.

 

d)         Cannabis waste must be rendered unusable following the methods set forth in this Section prior to leaving a cultivation center. Disposal of the cannabis waste rendered unusable must follow the methods in this Section.

 

e)         A cultivation center must provide the Department and ISP, through the traceability system (see Section 1000.400), a minimum of seven days' notice prior to rendering the product unusable and disposing of the product.

 

f)         The allowable method to render cannabis plant waste unusable is by grinding and incorporating the cannabis plant waste with other ground materials so the resulting mixture is at least 50% non-cannabis waste by volume. Other methods to render cannabis waste unusable must be approved by the Department before implementation.  Material used to grind with the cannabis falls into two categories:  compostable waste and noncompostable waste.

 

1)         Compostable Mixed Waste: Cannabis waste to be disposed of as compost, feedstock or in another organic waste method (e.g., anaerobic digester) may be mixed with the following types of waste materials:

 

A)        Food waste;

 

B)        Yard waste;

 

C)        Vegetable based grease or oils; or

 

D)        Other wastes approved by the Department (e.g., agricultural material, biodegradable products and paper, clean wood, fruits and vegetables, plant matter).

 

2)         Noncompostable Mixed Waste: Cannabis waste to be disposed of in a landfill or another disposal method (e.g., incinerator) may be mixed with the following types of waste materials:

 

A)        Paper waste;

 

B)        Cardboard waste;

 

C)        Plastic waste;

 

D)        Soil; or

 

E)        Other wastes approved by the Department (e.g., nonrecyclable plastic, broken glass, leather).

 

g)         Cannabis waste rendered unusable following the methods described in this Section may be disposed of in the manner provided in this subsection (g). Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:

 

1)         Compostable Mixed Waste: Compost, anaerobic digester, or other facility with approval of the jurisdictional health department.

 

2)         Noncompostable Mixed Waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department.

 

h)         All waste and unusable product shall be weighed, recorded and entered into the inventory system prior to mixing and disposal. Verification of this event shall be performed by a supervisor and conducted in an area with video surveillance.

 

i)          Any nutrient enriched grow media shall be disposed of as required by the Illinois Environmental Protection Act and the associated rules, or land applied at agronomic rates.

 

Section 1000.465  Connections to the Potable Water Supply

 

a)         General: Potable water supply lines shall not be connected to process water lines, chemical lines or equipment, unless proper backflow protection is installed.

 

b)         Water service lines that connect a cultivation center to a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with 35 Ill. Adm. Code 653.803(c)(4).

 

c)         Water service lines that connect a cultivation center to a potable water supply other than a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Plumbing Code.

 

d)         Installation, maintenance and inspection of backflow prevention devices shall be carried out in accordance with 35 Ill. Adm. Code 651 and 653 or the Illinois Plumbing Code, whichever is applicable.

 

Section 1000.470  Pesticide Usage

 

a)         All pesticides applied at a cultivation center shall be from the Department's approved list, which will be reflected as a schedule in the application and on the Department's website.  Updates to the approved list will be posted on the Department's website and permittees will be notified electronically.

 

b)         All pesticide products shall be registered with the Department, including those products classified as 25(b) pursuant to the Federal Insecticide Fungicide and Rodenticide Act administered by the USEPA.

 

c)         Any individual who applies pesticide on the premises shall obtain the appropriate license from the Department under the Illinois Pesticide Control Act [415 ILCS 60]. This includes successful completion of the Vegetable Category Examinations (see 8 Ill. Adm. Code 250).

 

d)         No application of pesticides shall be made after the vegetative stage of growth of the cannabis plant.

 

e)         All individuals applying pesticides shall adhere to the agricultural use requirements of the label and shall employ all personal protective equipment prescribed by the label.

 

f)         The cultivation center shall comply with all posting requirements of the worker protection standard for the restricted entry interval (REI) stated on the label.

 

g)         A record of all pesticide applications shall be maintained at the cultivation center for at least five years and shall be made available to the Department, DPH or the ISP upon request.  The application record shall include the following information:

 

1)         Date and time of application;

 

2)         Date of start of vegetative stage of growth;

 

3)         USEPA Registration Number;

 

4)         Product name;

 

5)         Application site (the site shall be identified by the location legend maintained by the facility);

 

6)         Amount applied;

 

7)         Size of the application area;

 

8)         Name of individual making the application;

 

9)         Section for comments or special conditions related to the application.

 

h)         Disposal of all unused pesticide product shall be performed in compliance with all State and federal laws and regulations, which require compliance with all directions on the product label.

SUBPART F: LABORATORY TESTING

 

Section 1000.500  Laboratory Approval

 

a)         No laboratory shall handle, test or analyze cannabis unless approved by the Department in accordance with this Section.  A list of approved laboratories will be made available by the Department on its website.

 

b)         No laboratory shall be approved to handle, test or analyze cannabis unless the laboratory:

 

1)         Is accredited by a private laboratory accrediting organization;

 

2)         Is independent from all other persons involved in the cannabis industry in Illinois, which shall mean that no person with a direct or indirect interest in the laboratory shall have a direct or indirect financial, management or other interest in a dispensary, dispensary facility, cultivation center, certifying physician or any other entity that may benefit from the production, manufacture, dispensing, sale, purchase or use of cannabis; and

 

3)         Has employed at least one person to oversee and be responsible for the laboratory testing who has earned, from a college or university accredited by a national or regional certifying authority, at least:

 

A)        a master's level degree in chemical or biological sciences and a minimum of two years post-degree laboratory experience; or

 

B)        a bachelor's degree in biological sciences and a minimum of four years post-degree laboratory experience.

 

c)         Each independent testing laboratory that claims to be accredited must provide the Department with a copy of the most recent annual inspection report granting accreditation and every annual report thereafter.

 

Section 1000.510  Laboratory Testing

 

a)         Immediately prior to manufacturing or natural processing of any cannabis or cannabis-infused product or packaging cannabis for sale to a dispensary, each batch shall be made available at the cultivation center for an employee of an approved laboratory to select a random sample, which shall be tested by the approved laboratory for:

 

1)         microbiological contaminants;

 

2)         mycotoxins;

 

3)         pesticide active ingredients;

 

4)         residual solvent; and

 

5)         purposes of conducting an active ingredient analysis.

 

b)         The Department may select a random sample that shall, for the purposes of conducting an active ingredient analysis, be tested by the Department for verification of label information.

 

c)         A laboratory shall immediately return or dispose of any cannabis upon the completion of any testing, use or research. If cannabis is disposed of, it shall be done in compliance with Section 1000.460.

 

d)         If a sample of cannabis does not pass the microbiological, mycotoxin, pesticide chemical residue or solvent residue test, based on the standards set forth in this Section, the following shall apply:

 

1)         If the sample failed the pesticide chemical residue test, the entire batch from which the sample was taken shall, if applicable, be recalled as provided for in Section 1000.410(c)(1) and disposed of in accordance with Section 1000.460.

 

2)         If the sample failed any other test, the batch may be used to make a CO₂ or solvent based extract. After processing, the CO₂ or solvent based extract must still pass all required tests

 

e)         Microbiological Test:  For purposes of the microbiological test, a cannabis sample shall be deemed to have passed if it satisfies the recommended microbial and fungal limits for cannabis products in colony forming units per gram (CFU/g) set out in the American Herbal Pharmocopoeia Monograph Table as follows:

 

	Total viable aerobic bacteria	Total yeast and mold	Total coliforms	Bile-tolerant gram-negative bacteria	E. coli (pathogenic strains) and Salmonella spp.
CO2 and solvent based extracts	104	103	102	102	Not detected in 1 g

 

Unprocessed materials include minimally processed crude cannabis preparations such as inflorescences, accumulated resin glands (kief), and compressed resin glands (hashish). Processed materials include various solid or liquid infused edible preparations, oils, topical preparations, and water-processed resin glands (bubble hash).

 

f)         Mycotoxin Test:  For purposes of the mycotoxin test, a cannabis sample shall be deemed to have passed if it meets the following standards:

 

Test                             Specification

 

Aflatoxin B1               <20 μg/kg of substance

 

Aflatoxin B2               <20 μg/kg of substance

 

Aflatoxin G1               <20 μg/kg of substance

 

Aflatoxin G2               <20 μg/kg of substance

 

Ochratoxin A              <20 μg//kg of substance

 

g)         Pesticide Chemical Residue Test: For purposes of the pesticide chemical residue test, a cannabis sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item as set forth in subpart C of USEPA's regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180 (2014)).

 

h)         Residue Solvent Test:  For purposes of the residue solvent test, a cannabis sample shall be below 10 ppm.

 

i)          The laboratory shall file with the Department an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, or pesticide chemical residue test, at the same time that it transmits those results to the cultivation center. In addition, the laboratory shall maintain the laboratory test results for at least five years and make them available at the Department's request.

 

j)          A cultivation center shall provide to a dispensary organization the laboratory test results for each batch of cannabis product purchased by the dispensary organization, if sampled. Each dispensary organization shall have that laboratory results available upon request to qualifying patients, designated caregivers and a physician who has certified a qualifying patient.

SUBPART G: CULTIVATION CENTER CLOSURE

 

Section 1000.600  Closure of a Cultivation Center

 

The cultivation center shall notify the Department, ISP and local law enforcement having jurisdiction if the cultivation center will be closing or if the cultivation center does not intend to renew its permit.  This notification shall occur immediately after the closure decision has been made, prior to any product destruction or removal, and, in no event, less than six months prior to the effective date of the closure.

SUBPART H: ENFORCEMENT

 

Section 1000.700  Investigations; Administrative Hearings and Penalties

 

a)         Any hearing conducted by the Department pursuant to the Act shall be conducted in accordance with the Department's rules applicable to formal administrative proceedings (8 Ill. Adm. Code 1.Subparts A and B).  All such hearings shall be held in Springfield, Illinois or such other location as mutually agreed to by the Department and the other party.

 

b)         The Department or its designee may conduct an investigation for the purpose of investigating an applicant or application, a cultivation center, cultivation center agent, agent-in-charge or any other party for an alleged violation of the Act or this Part or to determine qualifications to be granted a permit or registration by the Department.

 

c)         The Department may require an applicant, cultivation center, or cultivation center agent or agent-in-charge to produce relevant documents, records or any other material pertinent to the investigation of alleged violations of the Act or this Part. Failure to provide that material shall be grounds for disciplinary action.

 

d)         Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department may revoke, suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew a registration or permit, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to a permitted cultivation center or cultivation center agent or agent-in-charge.

 

e)         The Department may impose fines not to exceed $50,000 for each violation, for any violations of the Act or this Part.

 

f)         Violation of any provision of the Act or this Part, or failure to comply with any standard or special conditions of the issued permit, may result in a notice of intent to suspend or revoke a cultivation center permit or the registration of a cultivation center agent or agent-in-charge.

 

g)         The Department shall, before refusing to issue or renew a permit or agent registration or seeking to discipline a permittee or cultivation center agent or agent-in-charge, at least 30 days before the date set for the hearing, notify in writing the applicant, cultivation center, or cultivation center agent or agent-in-charge of the charges made and the time and place for the hearing on the charges.  The written notice may be served by delivery personally to the accused, or by mailing the notice by registered or certified mail to the cultivation center's physical address.

 

h)         At any point in any investigation or disciplinary proceeding provided for in the Act and this Section, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of both parties.

 

i)          The Department may temporarily suspend a permittee or cultivation center agent or agent-in-charge without a hearing, simultaneously with the institution of proceedings for a hearing, if the Department finds that the public interest, safety or welfare requires emergency action. In the event that the Department temporarily suspends a permittee or agent without a hearing, a hearing shall be held within 30 days after the suspension has occurred. The suspended party may seek a continuance of the hearing, during which the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30 days after the date of the suspension, and the permittee or agent has not requested a continuance, the permit shall be automatically reinstated.

 

j)          In appropriate cases, the Department may resolve a complaint against a permittee or agent through the issuance of a Consent to Administrative Supervision order. A permittee or agent subject to a Consent to Administrative Supervision order shall be considered by the Department as an active permittee or agent in good standing. This order shall not be reported or considered by the Department to be a discipline of the permittee or agent. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.

 

k)         The respondent in any contested case may request reconsideration of any part or all of the decision of the administrative law judge on any petition or may request the Director to stay the effective date of any administrative action for a specific period or for an indefinite period.  A petition for reconsideration or stay of action shall be submitted within 30 days after the date of the administrative law judge's decision on the case.  A petition for reconsideration or stay of action submitted later than 30 days after the date of the decision involved shall be denied as untimely.

 

l)          All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.

 

m)        Immediately upon the suspension, revocation or reinstatement of a permit, the Department shall make written notification to the ISP, DFPR and Department of Revenue of the status of the permit.  If the suspension or revocation involves suspected criminal activity, the Department shall make available to ISP all documents or electronic communications involving the suspected criminal activity.  If suspected criminal activity is confirmed or independently discovered by ISP, notification will be made to the Department.

 

n)         If any final Department action is appealed in Circuit Court pursuant to this Section, the record on review shall include the following:

 

1)         The application or petition submitted;

 

2)         Any written documentation considered by the Department in making its final decision with respect to the application or petition;

 

3)         Any written correspondence between the Department and the person or entity submitting the application or petition, provided that the correspondence either played a material role in the final decision rendered by the Department; made a material argument to the Department with respect to the application or petition; or would be helpful to the Circuit Court in reviewing the matter because the correspondence provides helpful procedural background.

 

4)         The transcript of any administrative hearing and any documents or other evidence submitted at the hearing.

 

Section 1000.APPENDIX A   Authorized Pesticides

 

The following is a list of pesticide active ingredients the Department has approved for use on cannabis plants. The pesticide product shall be registered with the Department under the Illinois Pesticide Control Act.

 

Label Type	Signal Word	Active Ingredient	Concentration
Insect Repellent	Caution	Azadirachtin	0.09%
Insecticide	Caution	Azadirachtin	0.09%
Insecticide	Caution	Azadirachtin	0.60%
Nematicide	Caution	Azadirachtin	0.60%
Fungicide	Caution	Azadirachtin	0.70%
Insect Repellent	Caution	Azadirachtin	0.70%
Insecticide	Caution	Azadirachtin	0.70%
Nematicide	Caution	Azadirachtin	0.70%
Insecticide	Caution	Azadirachtin	1.00%
Insect Repellent	Caution	Azadirachtin	1.20%
Insecticide	Caution	Azadirachtin	1.20%
Nematicide	Caution	Azadirachtin	1.20%
Insecticide	Caution	Azadirachtin	3.00%
Nematicide	Caution	Azadirachtin	3.00%
Nematicide	Warning	Azadirachtin	3.00%
Insect Repellent	Caution	Azadirachtin	4.50%
Insecticide	Caution	Azadirachtin	4.50%
Insecticide	Caution	Azadirachtin	6.00%
Nematicide	Caution	Azadirachtin	6.00%
Fungicide	Caution	Bacillus pumilus strain GHA 180	0.00%
PGR - Growth Stimulator	Caution	Bacillus pumilus strain GHA 180	0.00%
Fungicide	Caution	Bacillus subtilis MBI 600	0.00%
PGR - General	Caution	Bacillus subtilis MBI 600	0.00%
Fungicide	Caution	Bacillus subtilis MBI 600	9.90%
Fungicide	Caution	Bacillus subtilis GB03	0.03%
Fungicide	Caution	Bacillus subtilis QST713 Strain	0.07%
Fungicide	Caution	Bacillus subtilis QST713 Strain	1.34%
Fungicide	Caution	Bacillus subtilis QST713 Strain	14.60%
Fungicide	Caution	Bacillus subtilis var. amyloliquefaciens strain D747 TGAI	25.00%
Fungicide	Caution	Bacillus subtilis var. amyloliquefaciens strain D747 TGAI	98.85%
Insecticide	Caution	Bacillus thuringiensis ssp. aizawai	54%
Insecticide	Caution	Bacillus thuringiensis ssp. israelensis	6.38%
Insecticide	Caution	Bacillus thuringiensis ssp. kurstaki 1	17.19%
Insecticide	Caution	Bacillus thuringiensis ssp. kurstaki 1	54%
Insecticide	Caution	Bacillus thuringiensis ssp. kurstaki 1	58.20%
Insecticide	Caution	Bacillus thuringiensis ssp. kurstaki 7841	40.00%
Insecticide	Caution	Bacillus thuringiensis ssp. kurstaki strain SA-12	9.83%
Insecticide	Caution	Canola Oil	1.00%
Insecticide	Caution	Canola Oil	89.50%
Fungicide	Caution	Canola Oil	96.00%
Insecticide	Caution	Canola Oil	96.00%
Insecticide	Caution	Chromobacterium sub strain PRAA4-1 cells	30.00%
Insecticide	Caution	Chromobacterium sub strain PRAA4-1 cells	94.50%
Insect Repellent	Caution	Cinnamon	0.03%
Insecticide	Caution	Cinnamon	0.03%
Fungicide	Caution	Cinnamon Oil	0.20%
Insect Repellent	None	Cinnamon Oil	0.20%
Insecticide	Caution	Cinnamon Oil	0.20%
Insecticide	None	Cinnamon Oil	0.20%
Fungicide	Caution	Cinnamon Oil	4%
Insecticide	Caution	Cinnamon Oil	4%
Insecticide	Caution	Citric Acid	0.10%
Fungicide	Danger	Citric Acid	99%
Insecticide	Warning	Citronella Oil	0.42%
Fungicide	Caution	Clarified Hydrophobic Extract of Neem Oil	70.00%
Insecticide	Caution	Clarified Hydrophobic Extract of Neem Oil	70.00%
Fungicide	Caution	Copper Octanoate	0.08%
Fungicide	Caution	Copper Octanoate	10%
Fungicide	Caution	Corn Oil	0.30%
Fungicide	Caution	Corn Oil	30%
Fungicide	Caution	Cottonseed Oil	0.30%
Insecticide	Caution	Cottonseed Oil	0.40%
Fungicide	Caution	Cottonseed Oil	3%
Insecticide	Caution	Cottonseed Oil	3%
Fungicide	Caution	Cottonseed Oil	30%
Insecticide	Caution	Cottonseed Oil	40%
PGR - Crop Quality	Caution	Cytokinins	0.01%
PGR - General	Caution	Cytokinins	0.01%
PGR - Growth Stimulator	Caution	Cytokinins	0.02%
Nematicide	Caution	Dried Ferm. Slds/Slbs of Myrothecium verrucaria	90%
Insecticide	Warning	Farnesol	0.17%
Insect Repellent	Caution	Garlic Oil/Powder	0.03%
Insecticide	Caution	Garlic Oil/Powder	0.03%
Insecticide	Caution	Garlic Oil/Powder	0.10%
Fungicide	Caution	Garlic Oil/Powder	0.23%
Fungicide	Caution	Garlic Oil/Powder	3.00%
Insecticide	Caution	Garlic Oil/Powder	10%
Insect Repellent	Caution	Garlic Oil/Powder	20.00%
Invertebrate Control	Caution	Garlic Oil/Powder	20.00%
Vertebrate Repellent	Caution	Garlic Oil/Powder	20.00%
Fungicide	Caution	Garlic Oil/Powder	23%
Insecticide	Caution	Geraniol	0.30%
Insecticide	Warning	Geraniol	0.42%
PGR - Crop Quality	Caution	Gibberellic Acid	0.00%
PGR - General	Caution	Gibberellic Acid	0.00%
PGR - Crop Quality	Warning	Gibberellic Acid	4%
PGR - General	Caution	Gibberellic Acid	4.00%
PGR - Crop Quality	Caution	Gibberellic Acid	20%
PGR - General	Caution	Gibberellic Acid	20%
PGR - Growth Stimulator	Caution	Gibberellic Acid	20.00%
Fungicide	Caution	Gliocladium virens G-21	12%
Algaecide Slimicide	Danger	Hydrogen Peroxide (Dioxide)	5.34%
Fungicide	Danger	Hydrogen Peroxide (Dioxide)	5.34%
Algaecide Slimicide	Danger	Hydrogen Peroxide (Dioxide)	26.50%
Fungicide	Danger	Hydrogen Peroxide (Dioxide)	26.50%
Algaecide Slimicide	Danger	Hydrogen Peroxide (Dioxide)	27.00%
Algaecide Slimicide	Danger	Hydrogen Peroxide (Dioxide)	27.00%
Disinfectant	Danger	Hydrogen Peroxide (Dioxide)	27.00%
Fungicide	Danger	Hydrogen Peroxide (Dioxide)	27.00%
Algaecide Slimicide	Danger	Hydrogen Peroxide (Dioxide)	27.10%
Fungicide	Danger	Hydrogen Peroxide (Dioxide)	27.10%
Herbicide	Danger	Hydrogen Peroxide (Dioxide)	27.10%
Algaecide Slimicide	Danger	Hydrogen Peroxide (Dioxide)	33.00%
Disinfectant	Danger	Hydrogen Peroxide (Dioxide)	33.00%
Fungicide	Danger	Hydrogen Peroxide (Dioxide)	33.00%
PGR - Crop Quality	Caution	IBA (Indole-3-Butyric Acid)	0.01%
PGR - General	Caution	IBA (Indole-3-Butyric Acid)	0.01%
Fungicide	Caution	IBA (Indole-3-Butyric Acid)	0.01%
PGR - General	Caution	IBA (Indole-3-Butyric Acid)	0.10%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	0.10%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	0.30%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	0.31%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	0.47%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	0.54%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	0.80%
PGR - Growth Stimulator	Caution	IBA (Indole-3-Butyric Acid)	20.00%
Invertebrate Control	Caution	Iron Phosphate (FePO4)	1.00%
Insecticide	Caution	Isaria fumosorosea	20%
Fungicide	Caution	Jojoba Oil	97.50%
Insecticide	Caution	Jojoba Oil	97.50%
Fungicide	Caution	Kaolin	95.00%
Insecticide	Caution	Kaolin	95.00%
PGR - General	Caution	Kaolin	95.00%
Vertebrate Repellent	Caution	Kaolin	95.00%
Fungicide	Caution	Mineral Oil/Petroleum Distillate	98.00%
Insecticide	Caution	Mineral Oil/Petroleum Distillate	98.00%
Insecticide	Caution	Mineral Oil/Petroleum Distillate	98.80%
Insecticide	Caution	Mineral Oil/Petroleum Distillate Light	1.00%
Fungicide	Caution	Mineral Oil/Petroleum Distillate Light	80%
Insecticide	Caution	Mineral Oil/Petroleum Distillate Light	80%
Insecticide	Caution	Mineral Oil/Petroleum Distillate Light	90.00%
Desiccant	Caution	Mineral Oil/Petroleum Distillate Light	98%
Fungicide	Caution	Mineral Oil/Petroleum Distillate Light	98.00%
Insecticide	Caution	Mineral Oil/Petroleum Distillate Light	98.00%
Fungicide	Caution	Mineral Oil/Petroleum Distillate Light	98.40%
Insecticide	Caution	Mineral Oil/Petroleum Distillate Light	98.40%
Fungicide	Caution	Monopotassium Phosphate	40.80%
Fungicide	Caution	Monopotassium Phosphate	100%
Fungicide	Caution	Neem Oil Cold Pressed	65.80%
Insect Repellent	Caution	Neem Oil Cold Pressed	65.80%
Insecticide	Caution	Neem Oil Cold Pressed	65.80%
Nematicide	Caution	Neem Oil Cold Pressed	65.80%
Insect Repellent	Caution	Neem Oil Cold Pressed	100.00%
Insecticide	Caution	Neem Oil Cold Pressed	100.00%
Insecticide	Warning	Nerolidol	0.42%
Fungicide	Caution	Oil of Clove	0.10%
Insecticide	Caution	Oil of Clove	0.10%
Fungicide	Caution	Oil of Clove	0.20%
Insect Repellent	None	Oil of Clove	0.20%
Insecticide	Caution	Oil of Clove	0.20%
Insecticide	None	Oil of Clove	0.20%
Insect Repellent	Caution	Oil of Clove	1.50%
Insecticide	Caution	Oil of Clove	1.50%
Fungicide	Caution	Oil of Clove	2%
Insecticide	Caution	Oil of Clove	2%
Fungicide	Caution	Oil of Clove	10.00%
Herbicide	Caution	Oil of Clove	10.00%
Insecticide	Caution	Oil of Clove	20%
Fungicide	Caution	Oil of Rosemary	0.05%
Insect Repellent	Caution	Oil of Rosemary	0.05%
Insecticide	Caution	Oil of Rosemary	0.05%
Fungicide	Caution	Oil of Rosemary	0.10%
Insecticide	Caution	Oil of Rosemary	0.10%
Insect Repellent	Caution	Oil of Rosemary	0.23%
Insect Repellent	Caution	Oil of Rosemary	0.53%
Insecticide	Caution	Oil of Rosemary	0.53%
Insecticide	Caution	Oil of Rosemary	0.80%
Fungicide	Caution	Oil of Rosemary	2%
Insect Repellent	Caution	Oil of Rosemary	2.00%
Insecticide	Caution	Oil of Rosemary	2%
Insect Repellent	Caution	Oil of Rosemary	10.00%
Insecticide	Caution	Oil of Rosemary	10.00%
Fungicide	Caution	Oil of Rosemary	18.00%
Herbicide	Caution	Oil of Rosemary	18.00%
Fungicide	None	Oil of Sesame	0.10%
Insecticide	None	Oil of Sesame	0.10%
Fungicide	Caution	Oil of Sesame	5%
Insecticide	Caution	Oil of Sesame	5%
Insecticide	None	Oil of Sesame	5.00%
Fungicide	Caution	Oil of Thyme	0.10%
Insecticide	Caution	Oil of Thyme	0.10%
Fungicide	Caution	Oil of Thyme	1.20%
Fungicide	Caution	Oil of Thyme	2%
Insecticide	Caution	Oil of Thyme	2%
Fungicide	Caution	Oil of Thyme	4%
Fungicide	Caution	Oil of Thyme	10.00%
Herbicide	Caution	Oil of Thyme	10.00%
Algaecide Slimicide	Caution	Oregano Oil	1.00%
Fungicide	Caution	Oregano Oil	1.00%
Herbicide	Caution	Oregano Oil	1.00%
Insect Repellent	Caution	Peppermint	0.04%
Insecticide	Caution	Peppermint	0.04%
Insecticide	Caution	Peppermint	0.40%
Insecticide	Caution	Peppermint	0.80%
Insecticide	Caution	Peppermint	2.00%
Algaecide Slimicide	Danger	Peroxyacetic Acid	1.36%
Fungicide	Danger	Peroxyacetic Acid	1.36%
Algaecide Slimicide	Danger	Peroxyacetic Acid	2.00%
Fungicide	Danger	Peroxyacetic Acid	2.00%
Herbicide	Danger	Peroxyacetic Acid	2.00%
Algaecide Slimicide	Danger	Peroxyacetic Acid	4.90%
Fungicide	Danger	Peroxyacetic Acid	4.90%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	28.10%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	45.50%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	45.80%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	53%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	53.60%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	56.00%
PGR - General	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	56.00%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	56.20%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	57.00%
Fungicide	Caution	Phosphorous Acid Mono- And Di-Potassium, Salts of	99.00%
Fungicide	Caution	Piperonyl Butoxide	2.50%
Insecticide	Caution	Piperonyl Butoxide	2.50%
Insecticide	Caution	Piperonyl Butoxide	4.00%
Insecticide	Caution	Piperonyl Butoxide	16.00%
Insect Repellent	Caution	Piperonyl Butoxide	60.00%
Insecticide	Caution	Piperonyl Butoxide	60.00%
Fungicide	Caution	Potassium Bicarbonate	81.90%
Fungicide	Caution	Potassium Bicarbonate	85.00%
Insecticide	Caution	Potassium Laurate	1%
Insecticide	Caution	Potassium Laurate	1.02%
Fungicide	Caution	Potassium Laurate	12.38%
Insecticide	Caution	Potassium Laurate	12.38%
Insecticide	Caution	Potassium Laurate	19.90%
Insecticide	Caution	Potassium Laurate	20.00%
Insecticide	Warning	Potassium Laurate	47%
Fungicide	Warning	Potassium Laurate	49.00%
Insecticide	Warning	Potassium Laurate	49.00%
Insecticide	Warning	Potassium Laurate	49.52%
Fungicide	Caution	Pyrethrins	0.01%
Insecticide	Caution	Pyrethrins	0.01%
Insecticide	Caution	Pyrethrins	0.24%
Fungicide	Caution	Pyrethrins	0.25%
Insecticide	Caution	Pyrethrins	0.25%
Insecticide	Caution	Pyrethrins	0.50%
Insecticide	Caution	Pyrethrins	1.40%
Insecticide	Caution	Pyrethrins	4.00%
Insect Repellent	Caution	Pyrethrins	5.00%
Insecticide	Caution	Pyrethrins	5.00%
Insect Repellent	Caution	Pyrethrins	6.00%
Insecticide	Caution	Pyrethrins	6.00%
Fungicide	Caution	Pythium oligandrum DV 74	1.00%
PGR - Growth Stimulator	Caution	Pythium oligandrum DV 74	1.00%
Fungicide	Caution	Reynoutria sachalinensis	5%
PGR - General	Caution	Reynoutria sachalinensis	5%
Insect Repellent	Caution	Rosemary Herbs	10.00%
Insect Repellent	Caution	Sesame Plant Ground	0.05%
Insecticide	Caution	Sesame Plant Ground	0.05%
Invertebrate Control	Caution	Sodium Ferric EDTA	2.00%
Invertebrate Control	Caution	Sodium Ferric EDTA	5.00%
Fungicide	Caution	Sorbic Acid Potassium Salt	0.01%
Insecticide	Caution	Sorbic Acid Potassium Salt	0.01%
Insecticide	Warning	Sorbitol Octanoate	90.00%
Insecticide	Caution	Soybean Oil	93%
Fungicide	Caution	Streptomyces griseoviridis strain K61	4%
Fungicide	Caution	Streptomyces griseoviridis strain K61	35%
Fungicide	Caution	Streptomyces lydicus WYEC 108	0.04%
Fungicide	Caution	Streptomyces lydicus WYEC 108	1.30%
Fungicide	Caution	Sulfur	0.20%
Insecticide	Caution	Sulfur	0.20%
Fungicide	Caution	Sulfur	6.48%
Insecticide	Caution	Sulfur	6.48%
Fungicide	Caution	Sulfur	10.00%
Insecticide	Caution	Sulfur	10.00%
Fungicide	Caution	Sulfur	12%
Insect Repellent	Caution	Thyme Herbs	0.03%
Insecticide	Caution	Thyme Herbs	0.03%
Fungicide	Caution	Trichoderma asperellum strain ICC 012	2.00%
Fungicide	Caution	Trichoderma gamsii strain ICC 080	2.00%
Fungicide	Caution	Trichoderma harzianum Rifai strain KRL-AG2	1.15%
Fungicide	Caution	Trichoderma virens strain G-41	0.61%