1. (1) The department may inspect the records and facility of a cannabis production establishment at any time during business hours to determine if the cannabis production establishment complies with this chapter.

2. (2)

   1. (a) An inspection under this section may include:

      1. (i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other physical or electronic information;
      2. (ii) questioning of any relevant individual;
      3. (iii) observation of an independent cannabis testing laboratory's methods, standards, practices, and procedures;
      4. (iv) the taking of a specimen of cannabis or cannabis products sufficient for testing purposes; or
      5. (v) inspection of equipment, an instrument, a tool, or machinery, including a container or label.
   2. (b) Notwithstanding Section 4-41a-404, an authorized department employee may possess and transport a specimen of cannabis or cannabis products for testing described in Subsection (2)(a).
3. (3) In making an inspection under this section, the department may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data.

4. (4) Failure to provide the department or the department's authorized agents immediate access to records and facilities during business hours in accordance with this section may result in:

   1. (a) the imposition of a civil monetary penalty that the department sets in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
   2. (b) license or registration suspension or revocation; or
   3. (c) an immediate cessation of operations under a cease and desist order that the department issues.

Renumbered and Amended by Chapter 1, 2018 Special Session 3