Each processing facility shall establish written operating procedures for the processing of cannabis. The operating procedures must include the minimum following information:
A. 
All applicable provisions contained in Article III of this chapter.
B. 
How the cannabis will be transported from a processing facility to a Distribution Facility.
C. 
The procedure and documentation process for determining patient dosage including testing for the major active agents in the cannabis product (e.g., cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD) and cannabinol (CBN)).
D. 
Require standards for the processing cannabis into food and other edibles by cooking, baking, infusing, or grinding. Such standards shall be no less stringent than the standards of the United States Public Health Service.
E. 
Require standards for the packaging of edibles and other similar products. Such packaging shall be nondescript and shall not mimic, resemble or be representational of candy, cookies or other food products that might attract or entice children.
F. 
Any other information required by the Department. Operating procedures must be approved by the Department and a copy maintained at every Processing Facility.
A. 
Any person who processes cannabis into food and other edibles shall be required to provide evidence of completion of a food safety course that includes basic food handling training and is comparable to or is a course given by a state or county public health agency.
B. 
Any course taken pursuant to this rule must last at least two hours and cover the following subjects:
(1) 
Causes of foodborne illness, highly susceptible populations and worker illness;
(2) 
Personal hygiene and food handling practices;
(3) 
Approved sources of food;
(4) 
Potentially hazardous foods and food temperatures;
(5) 
Sanitization and chemical use; and
(6) 
Emergency procedures (fire, flood, sewer backup).
Cannabis processed and each cannabis product must be tested for safety and quality assurance, including but limited to, potency testing, residual solvents testing, microbial testing, aflatoxin testing, pesticide testing, and heavy metal testing.
A. 
Every processing facility shall take all reasonable measures and precautions to ensure that the following requirements are met:
(1) 
All processing of cannabis that a processing facility carries out or causes to be carried out must take place in an enclosed, locked structure or building.
(2) 
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 which may be expected to result in such contamination until the condition is corrected.
(3) 
All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to, maintaining sufficient personal cleanliness.
(4) 
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 is exposed.
(5) 
All floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair.
(6) 
Adequate lighting shall be required in all areas where cannabis is stored.
(7) 
Adequate screening or other protection against the entry of pests shall be made.
(8) 
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.
(9) 
All buildings, fixtures, and other facilities shall be maintained in a sanitary condition.
(10) 
Toxic cleaning compounds, sanitizing agents, 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 this chapter and any applicable tribal, state, or federal law, rule, or regulation.
B. 
Processing facilities shall be subject to the following specific regulations:
(1) 
There shall be no on-site use or consumption of cannabis;
(2) 
The display or sale of paraphernalia employed in the use or consumption of cannabis or any implement that may be used to administer, use, inhale, consume, smoke or ingest cannabis, is prohibited at the processing facility.
(3) 
The processing of cannabis shall not adversely affect the health or safety of the employees, or the facility in which it is cultivated or processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes.
(4) 
The processing area shall occur only within a self-contained structure, including, but not limited to a greenhouse which is adequately ventilated.
(5) 
The processing facility shall comply with stormwater, wastewater, and other requirements of the Tribe.
(6) 
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.
(7) 
The plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water and that shall properly convey sewage and liquid disposable waste from the processing facility. There shall be no cross-connections between the potable and waste water lines.
(8) 
All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of cannabis or cannabis product shall be conducted in accordance with adequate sanitation principles.
(9) 
Every processing facility shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.
(10) 
All hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the cultivation facility 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.
(11) 
All contact surfaces, including utensils and equipment used for the preparation of a cannabis product, shall be cleaned and sanitized as frequently as necessary to protect against contamination.
(12) 
Equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained.
(13) 
Every cultivation facility shall operate in compliance with all other applicable Tribal laws and the provisions of any requirements of a lease of Tribal land.
(14) 
All workers, supervisors, and visitors are required to sign in using provided sign-in forms which shall be kept as business records.
(15) 
Any other regulations which the Department determines is necessary.
A. 
A processing facility may produce the following concentrates:
(1) 
Water-based cannabis concentrates;
(2) 
Fat-based cannabis concentrates;
(3) 
Solvent-based cannabis concentrate; and
(4) 
Critical fluid extraction cannabis concentrates, provided the solvents used in this process only include heptane or carbon dioxide.
B. 
A processing facility that engages in the production of cannabis concentrates, regardless of the method of extraction or type of concentrate being produced, must:
(1) 
Ensure that the space in which any cannabis concentrate is to be produced is a fully enclosed room and clearly designated.
(2) 
Establish a standard operating procedure for each method used to produce a cannabis concentrate.
(3) 
Establish written quality control procedures designed to minimize any potential risks to employees or contamination of cannabis products.
(4) 
Ensure that all equipment used in the production of a cannabis concentrate is food-grade, including ensuring that all counters and surface areas were constructed in such a manner that it reduces the potential for the development of microbial organisms and mold and can be easily cleaned.
(5) 
Ensure that all equipment, counters, and surfaces used in the production of a cannabis concentrate is thoroughly cleaned after the completion of each production of a cannabis concentrate.
(6) 
Have a comprehensive training manual that provides step-by-step instructions for each method used to produce a cannabis concentrate. The training manual must include, but need not be limited to, all standard operating procedures, quality control procedures and safety procedures for each method of production, instructions on the appropriate use and maintenance of all equipment involved in each process, and any cleaning required to comply with all applicable sanitary rules.
(7) 
Provide adequate training prior to individual engaging the production of a cannabis concentrate. Adequate training must include, but need not be limited to, providing the appropriate employee or volunteer with the training manual and live, in-person instruction detailing safety procedures for each method of production, instructions on the appropriate use and maintenance of all equipment involved in the process, and any cleaning required to maintain compliance with all applicable sanitary rules.
(8) 
Maintain clear and comprehensive records that document every phase of each step in the production of the cannabis concentrate, which must include the name and license number of every employee or volunteer that worked on the production of that cannabis concentrate.
(9) 
Ensure that the room in which cannabis concentrate shall be produced contains an emergency eye-wash station.
C. 
With respect to critical fluid extraction cannabis concentrates, the processing facility must also ensure that the facility and all equipment used in production of the critical fluid extraction cannabis concentrate meets the following requirements:
(1) 
A professional grade, closed-loop extraction system capable of recovering the solvent used.
(2) 
If a pressurized extraction system is utilized, then every vessel in the system must be rated to a minimum of 900 pounds per square inch.
(3) 
A sufficient fume hood and exhaust system is installed in the room in which a critical fluid extraction cannabis concentrate shall be produced and that the system is fully functioning prior to the production a critical fluid extraction cannabis concentrate.
(4) 
All flammable material used in the production of a critical fluid extraction cannabis concentrate are stored in a storage-tank designed to hold flammable material and is outside of the room in which the concentrates are to be produced.
(5) 
A sufficient fire-suppression system is installed in the room in which a critical fluid extraction cannabis concentrate shall be produced and that the system is fully functioning prior to the production a critical fluid extraction cannabis concentrate.
(6) 
A hydro-carbon gas monitoring system, a carbon dioxide gas monitoring system or both, depending on the type of cannabis concentrate to be produced, with emergency shutdown relays is installed in the room in which a critical fluid extraction cannabis concentrate shall be produced and that the system is fully functioning prior to the production a critical fluid extraction cannabis concentrate.
(7) 
The room in which a critical fluid extraction cannabis concentrate shall be produced is a spark-free environment.
(8) 
The room in which a critical fluid extraction cannabis concentrate shall be produced contains an emergency shower.
(9) 
Ensure that all fluids used in the extraction process are food-grade and 99% pure.
(10) 
Establish a standard operating procedure for each type of critical fluid extraction cannabis concentrate to be produced that is designed to maximize employee safety and minimize potential contamination of products with residual solvents or microbial organisms and mold.