Current through Register Vol. 54, No. 45, November 9, 2024
Section 1151a.38 - Evidence of adverse loss during transport(a) If a grower/processor receiving a delivery of seeds, immature medical marijuana plants, medical marijuana plants, postharvest plant material or medical marijuana products from a medical marijuana organization discovers a discrepancy in the transport manifest that remains unresolved upon delivery, the grower/processor shall refuse acceptance of the delivery and immediately report the discrepancy to the Department either through a designated phone line established by the Department or by electronic communication with the Department, and to the appropriate law enforcement authorities.(b) If a grower/processor discovers evidence of, or reasonably suspects, a theft or diversion of seeds, immature medical marijuana plants, medical marijuana plants, postharvest plant material or medical marijuana products during transport, the grower/processor shall immediately report its findings or suspicions to the Department either through a designated phone line established by the Department or by electronic communication with the Department, and to law enforcement.(c) If a grower/processor discovers a discrepancy in the transport manifest, the grower/processor shall: (1) Conduct an investigation.(2) Amend the grower/processor's standard plan of operation, if necessary, to prevent future discrepancies between the quantity or description of inventory listed in the transport manifest and the quantity or description of inventory delivered.(3) Submit a report of the investigation to the Department. All of the following requirements apply: (i) The grower/processor shall submit a written preliminary report of the investigation to the Department within 7 days of discovering the discrepancy.(ii) The grower/processor shall submit a final written report of the investigation to the Department within 30 days of discovering the discrepancy.Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023 This section cited in 28 Pa. Code § 1151a.37 (relating to transportation of seeds, immature medical marijuana plants, medical marijuana plants and postharvest plant material).