ARM 42.39.203
ARM 42.39.203. SEED-TO-SALE TRACKING AND RECONCILIATION
Cite as Mont. Admin. R. 42.39.203
(1) A licensee must use the department's seed-to-sale tracking system as the primary inventory and record keeping system. Licensees must use a unique identification number tag purchased from the seed-to-sale tracking system vendor for all seed-to-sale tracking purposes. For purposes of this rule and reconciling marijuana plant or package inventories in the seed-to-sale tracking system, the terms “plant tag” or “package tag” may be used as an abbreviated reference to either a unique identification number plant tag or a unique identification number package tag, where appropriate. If the more generic term “tag” is used, it applies to both marijuana plants and packages.
(2) Each individual marijuana plant that reaches a height of twelve inches must be issued a plant tag in the seed-to-sale tracking system. The plant tag may be staked in the soil or otherwise placed with the plant until the plant reaches a height of 18 inches, at which point the tag must be physically affixed to the plant. The plant tag must follow the plant through all phases of cultivation until the harvested flower is assigned a package tag.
(3) All marijuana items, test batches, harvest lots, and process lots must be issued a package tag in the seed-to-sale tracking system.
(4) Tags cannot be reused, photocopied, or otherwise replicated for seed-to-sale tracking purposes.
(5) Each marijuana item, test batch, test sample, harvest lot, and process lot that has been issued a package tag must have the tag affixed to it.
(a) Packages of marijuana flower and usable marijuana, including trim and manicure, must be individually packaged, tracked, and tested. These packages may not exceed five pounds, except for:
(i) packages designated solely for concentrate and extract production that will forego testing pursuant to ARM 42.39.614; and
(ii) whole, wet marijuana plants packaged directly out of harvest.
(b) Packages of process lots may not exceed:
(i) for weight-based products: 5,000 grams;
(ii) for count-based products: 100,000 5 mg pieces; 50,000 10 mg pieces; 5,000 100 mg pieces, etc.
(6) A licensee may not create or distribute any sub-packages until the source package has successfully passed all required testing.
(7) Multiple process lots may not be combined and tracked under one package tag after testing unless the process lot will be manufactured into a new product in conformance with these rules. All new products must be submitted for testing pursuant to ARM 42.39.614.
(8) All tags must be unaltered, legible, and placed in a position that can be clearly read and must be kept free from dirt and debris. A licensee may not obscure, deface, or otherwise alter a tag in a manner that renders it illegible or unreadable.
(9) Except as otherwise provided in (10), all on-premises and in-transit marijuana item inventories must be reconciled in the seed-to-sale tracking system by 11:59 p.m. each day. Examples include:
(a) plant counts recorded in the seed-to-sale tracking system match actual plant counts at the licensed premises;
(b) marijuana product quantities recorded in the seed-to-sale tracking system match actual marijuana product quantities at the licensed premises;
(c) all marijuana inventory physically matches its recorded location in the seed-to-sale tracking system;
(d) information on marijuana facts panels matches the corresponding product test results;
(e) each marijuana product item is recorded in the seed-to-sale tracking system within the variance provided for in 16-12-224, MCA;
(f) depleted packages are recorded as finished in the seed-to-sale tracking system on the same day the package reaches zero quantity;
(g) process lots are accurately recorded in the seed-to-sale tracking system the same day they are started;
(h) rejection of any inaccurately manifested products and receipt of a corrected manifest from the originating licensee;
(i) harvest lots and process lots are recorded as finished in the seed-to-sale tracking system on the same day they are completed; and
(j) identification of all test failed product as remediated prior to additional testing or manufacturing.
(10) A licensed marijuana testing laboratory is permitted to complete the required inventory reconciliations in (9) at the end of the applicable testing period instead of the end of each calendar day, provided the reconciliations accurately reflect the total amount of sample consumed during testing.
(11) For each marijuana sale or transfer to a registered cardholder, the licensee or its employee must verify the registered cardholder's eligibility and daily and monthly purchase limits and record in the seed-to-sale tracking system at the time of sale or transfer:
(a) the quantity of each item sold or transferred to a registered cardholder;
(b) the price before tax; and
(c) the date of the sale or transfer to a customer.
(12) Licensees must record in the seed-to-sale tracking system:
(a) wet weight of each harvested marijuana plant the same day the plant is harvested;
(b) information for marijuana items by unit count;
(c) weight per unit of a product;
(d) the schedule date for a plant harvest at least 72-hours before beginning the harvest;
(e) strain specific harvests;
(f) theft or loss of marijuana items; and
(g) other information as may be reasonably required by the department.
(13) Package adjustments must be accompanied by an entry in the seed-to-sale tracking system that accurately details the reason for the adjustment. Package adjustments shall not be used to resolve:
(a) inaccurate sales;
(b) moving marijuana or marijuana products between packages; or
(c) discrepancies in the quantity of transferred inventory.
(14) All samples taken for quality assurance testing must be recorded in the seed-to-sale tracking system.
(15) Licensed testing laboratories must record all testing results in the seed-to-sale tracking system.
(16) Licensees must monitor all compliance notifications from the seed-to-sale tracking system and must resolve any compliance notification issues within 30 days.
(17) All packages under administrative action must be quarantined and may not be sold, altered, or manufactured, except that such packages may be destroyed pursuant to ARM 42.39.310.
(18) A licensee must utilize the seed-to-sale tracking system in conformance with this rule and inventory tracking system procedures, including but not limited to accurately recording:
(a) harvest lots, including but not limited to number of plants in the harvest, amount of waste generated from the harvest, amount of moisture loss during the harvest period, and packages derived from the harvest;
(b) the manufacture of process lots, including but not limited to when the manufacturing process begins, the package tag numbers of all input and output packages, and the amount of manufacturing waste;
(c) the item category for all marijuana and marijuana products;
(d) all remediation steps taken to resolve marijuana or marijuana products that have failed testing; and
(e) detailed documentation explaining the destruction of marijuana plants, marijuana, and marijuana products.
(19) Only seeds may be accepted from outside the seed-to-sale tracking system. Licensees must contact the department to request the input of seeds into the seed-to-sale tracking system.