3796:6-3-21 Recall procedures.

(A) A dispensary shall establish policies and procedures to conduct mandatory and voluntary recalls of medical marijuana. The procedure shall be adequate to deal with recalls due to any action initiated at the request of the department of commerce or the state board of pharmacy and any voluntary action by the dispensary to remove defective or potentially defective medical marijuana from the market or any action undertaken to promote public health and safety by replacing existing medical marijuana with improved products or packaging.

(B) A dispensary's policy must establish a plan for communicating a recall of medical marijuana. The communication plan should include:

(1) A mechanism to contact all customers who have, or likely have, obtained the product from the dispensary. The communication must include information on the process for return of the recalled product;

(2) A mechanism to contact the processor or cultivator that manufactured the recalled product;

(3) Communication with the state board of pharmacy, the department of commerce, and the state medical board within twenty-four hours; and

(4) Outreach via media, as necessary and appropriate.

(C) Any recalled medical marijuana or medical marijuana product returned to the dispensary because of the recall must be destroyed by the dispensary, in a manner consistent with rule 3796:6-3-14 of the Administrative Code.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04