(1) As used in this rule, the term “”Marijuana Waste”” includes the following materials:
    (a) Plant material waste, which means leaves, stalks, stems, and any other part of the marijuana plant that contains tetrahydrocannabinol and is not processed with solvent or used in the processing of marijuana to generate usable product;
    (b) Processing waste, which means spent solvents, laboratory wastes, and similar materials used in the processing of marijuana to generate usable product;
    (c) Product waste, which means marijuana and usable product that is unfit for sale or consumption. Product waste includes unused, returned, surplus, contaminated, recalled, and expired marijuana or usable product; and
    (d) Other contaminated materials ready for disposal. “”Contaminated materials”” mean any item, object, utensil, or tool that contained, or came in contact with, marijuana or usable product and has trace residuals of marijuana thereon. An MMTC may clean contaminated materials using any method that eliminates any trace marijuana residuals from the material. Once the material has been cleaned of all trace marijuana residuals, the material may be recycled or disposed of like any other non-marijuana waste that falls outside the scope of this rule.
    (e) Notwithstanding the foregoing, Marijuana Waste does not include hazardous waste or universal waste, as those terms are defined in Fl. Admin. Code R. 62-730.020 (10/30/2020), which is incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13901.
    (2) Nothing herein is intended to relieve an MMTC of its obligation to comply with applicable federal and state laws and regulations for solid and liquid wastes, as required by Section 381.986(8)(e), F.S., and any applicable local regulations or ordinances.
    (3) Marijuana Waste must be rendered unusable and unrecognizable or irretrievable at an MMTC’s department-approved facility before it is transported offsite as provided for in paragraphs (5)(a) and (b). An MMTC may transport Marijuana Waste from a department-approved facility to another of its department-approved facilities where the Marijuana Waste will be rendered unusable and unrecognizable or irretrievable. The transportation of Marijuana Waste must be documented in the MMTC’s seed-to-sale system.
    (a) Marijuana Waste is unusable and unrecognizable if it is incapable of being salvaged and consumed through any means and all components are homogenous and indistinguishable.
    (b) Marijuana Waste is irretrievable if it cannot be transformed to a physical or chemical condition or state as marijuana or a substance with a chemical structure or effect that is similar to marijuana.
    (c) At least two employees of the MMTC, one of whom must be a manager, shall be present when rendering the Marijuana Waste unusable and unrecognizable or irretrievable. Steps taken to render Marijuana Waste unusable and unrecognizable or irretrievable shall be conducted under video surveillance.
    (d) Until such time that the Marijuana Waste is rendered unusable and unrecognizable or irretrievable, the Marijuana Waste shall be stored in a waste receptacle(s) that is:
    1. A securely locked, enclosed container;
    2. Securely fastened to a permanent structure so that it cannot be removed; and
    3. Located in a secured area of the facility.
    (4) Prior to disposal, in accordance with subsection (5), Marijuana Waste shall be:
    (a) Rendered unusable and unrecognizable by grinding and mixing the compostable Marijuana Waste with at least an equal amount of other compostable materials (e.g., food waste, yard waste, vegetable-based grease or oils);
    (b) Rendered unusable and unrecognizable by grinding the Marijuana Waste with at least an equal amount of other compostable materials (e.g., food waste, yard waste, vegetable-based grease or oils) or non-compostable materials (e.g., paper waste, cardboard waste, plastic waste, or oil), or both; or
    (c) Rendered irretrievable by permanently altering the physical or chemical condition through irreversible means.
    (5) After Marijuana Waste is rendered unusable and unrecognizable or irretrievable, any remaining Marijuana Waste shall be disposed of via one of the following methods:
    (a) Delivered to an appropriate solid waste management facility, as that term is defined in subsection 62701.200(112), F.A.C. (2/15/2015), which is incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13902;
    (b) Delivered to a composting facility that is registered with or permitted by the Department of Environmental Protection pursuant to Fl. Admin. Code Chapter 62-709 (04/2021), which is incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13903; or
    (c) Composted onsite by the MMTC in accordance with Fl. Admin. Code Chapter 62-709 (04/2021).
    (6) An MMTC must maintain a current and up-to-date waste management plan. An MMTC’s waste management plan must include, at a minimum:
    (a) The identity of the MMTC’s managers and employees with access to the Marijuana Waste storage area(s) of its facility(ies);
    (b) Procedures for weighing, tracking, and documenting Marijuana Waste out of the MMTC’s seed-to-sale tracking system;
    (c) Procedures for rendering Marijuana Waste unusable and unrecognizable or irretrievable, as required by this rule;
    (d) Procedures for storing Marijuana Waste before it is rendered unusable and unrecognizable or irretrievable, in compliance with subsection (4), and the transport thereof;
    (e) The manner of disposing of Marijuana Waste after it is rendered unusable and unrecognizable or irretrievable;
    (f) Record maintenance and retention procedures for Marijuana Waste records; and
    (g) Employee training materials and exercises concerning the MMTC’s Marijuana Waste management procedures that cover, at a minimum, the information outlined in paragraphs (6)(b)-(f).
    (7) An MMTC must maintain records of the Marijuana Waste it generates. Such records must account for all activity related to the disposal of the Marijuana Waste, including:
    (a) The date, time, and manner of rendering the Marijuana Waste unusable and unrecognizable or irretrievable, along with the legible names and signatures of the persons who rendered the Marijuana Waste unusable and unrecognizable or irretrievable;
    (b) The video recording of the persons rendering the Marijuana Waste unusable and unrecognizable or irretrievable;
    (c) The name of the entity(ies) collecting the Marijuana Waste, if any, and documentation that evidences the MMTC’s subscription to waste collection services from that entity; and
    (d) The date, time, and manner of disposing of the Marijuana Waste, including whether the Marijuana Waste was disposed of via delivery to a solid waste management facility, delivery to a registered or permitted composting facility, or composted onsite by the MMTC.
    (e) Video surveillance recordings must be retained for at least 45 days. All other Marijuana Waste records must be retained for at least two years.
    (8) An MMTC must provide a minimum of 72 hours’ notice in the MMTC’s seed-to-sale tracking system prior to rendering the Marijuana Waste unusable and unrecognizable or irretrievable and must record in the tracking system the weight of the Marijuana Waste to be rendered unusable and unrecognizable or irretrievable. At least two MMTC employees, one of whom must be a manager, shall be present when documenting Marijuana Waste out of the MMTC’s seed-to-sale tracking system.
    (9) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority 381.986(8)(e)11.c. FS. Law Implemented 381.986(8)(e)11.c. FS. History—New 12-20-21.