Ohio Admin. Code 3796:4-1-09 - Winding down
(A)
If a testing
laboratory decides to voluntarily surrender or not renew its certificate of
operation and permanently discontinue business operations, the testing
laboratory shall provide written notice to the department at least ninety days
prior to the effective date of the closure. If the closure is the result of an
eviction notice, the testing laboratory shall immediately notify the department
of the eviction notice and the effective date of the notice. This notice shall
be provided prior to the testing laboratory taking any steps to wind down and
discontinue business operations.
(B)
A testing
laboratory that notifies the department of its intent to voluntarily surrender
or not renew its certificate of operation under paragraph (A) of this rule
shall submit, within sixty days of the effective date, a written plan of
closure for approval by the department. This plan shall include, at a
minimum:
(1)
The
destruction of medical marijuana samples on hand at the facility on the
effective date of the closure that will render the medical marijuana unusable,
including the date of such destruction and an attestation signed by a witness
to the destruction;
(2)
The sale or removal of equipment and products ancillary
to the testing of medical marijuana;
(3)
The retention of
all records required to be maintained in accordance with the applicable records
retention schedules;
(4)
The removal or disposal of any solvents or other
chemicals used in the testing of medical marijuana, which shall be carried out
in accordance with all applicable local, state, and federal
laws.
(5)
The steps that will be taken to maintain compliance
with Chapter 3796. of the Revised Code, the rules promulgated in accordance
with Chapter 3796. of the Revised Code, and any other conditions required by
the director until the approved closure date;
(6)
The closure and
intended use of the premises in which the testing laboratory was
located.
(7)
Documentation of withdrawal from ISO/IEC 17025 "General
Requirements for the Competence of Testing and Calibration Laboratories"
accreditation.
(C)
The director shall approve or deny a testing
laboratory's plan of closure within thirty days of receipt. The director may
request additional information if approval or denial of the plan cannot be
determined based on the information provided.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03
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