Rule 351-7-.06 - Transportation of Samples(1) An independent laboratory registrant shall have an ongoing duty to ensure security and oversight throughout any transfer of product in final packaged form, and to comply with Commission rules, and applicable local, state, and federal transportation, traffic, and vehicle safety laws. (a) The transfer of product in final packaged form from the production licensee's premises to an independent laboratory shall be completed via secure transportation: 1. By an authorized employee of the independent laboratory or a production licensee; and2. Sealed and labeled as a sample.(b) Registrants are prohibited from transporting product in final packaged form outside the state of Georgia.(c) Vehicles and trailers transporting product in final packaged form are subject to inspection by the Commission or its employees at any time.(d) A registrant shall notify the Commission and its employees immediately: 1. If a vehicle transporting product in final packaged form is involved in a motor vehicle crash or other incident involving product damage or loss;2. If there is a stop at a location that is not licensed or registered with the Commission that exceeds one (1) hour in duration and is not already listed in the shipping manifest; or3. If a mechanical issue involving the transport vehicle necessitates the transfer of product in final packaged form to an alternate vehicle to complete the transport.(e) Registrant employees' personal vehicles may not be utilized to transport product in final packaged form under any circumstances.(f) Registrants are prohibited from utilizing third-party transportation.(2) The registrant shall provide current information about such registrant's drivers who transport product in final packaged form, upon request by the Commission or its employees. (a) Each employee authorized by the registrant to transport product in final packaged form shall: 1. Possess a valid state-issued driver's license; and2. Be at least twenty-one (21) years of age.(b) The registrant shall maintain a list of such registrant's drivers, including the following information of each employee: 1. First, middle, and last name;3. Valid state-issued driver license number, state, and expiration date;5. Contact information including telephone number.(c) The registrant shall notify the Commission and its employees within twenty-four (24) hours of any addition to or removal from the list of the registrant's drivers who transport product in final packaged form.(d) Registrants shall have a continuing duty to provide the Commission and its employees with current contact information for drivers and shall notify the Commission and its employees in writing of any changes to the contact information they provide the Commission.(3) Any vehicle used for the transportation of product in final packaged form by a registrant shall comply with the following:(a) A registrant shall register each vehicle or vehicle-trailer combination used for the transportation of product in final packaged form by submitting the following to Commission and its employees:1. A copy of the vehicle registration or lease which shall include the VIN assigned by the vehicle manufacturer;2. A copy of the vehicle's annual safety inspection;3. A copy of the vehicle's unique vehicle number assigned by the registrant; and4. Photos of the vehicle: (iv) Rear, including the affixed, government-issued license plate;(v) Left rear corner; and(vi) Vehicle Identification Number ("VIN") plate.(b) All vehicles utilized for transporting product in final packaged form shall contain a global positioning system ("GPS") device for identifying the geographic location of the transport vehicle. 1. The device shall be permanently affixed to the transport vehicle.2. The device shall remain active at all times during transportation of product in final packaged form.3. At all times, the registrant shall be able to identify the geographic location of all transportation vehicles and employees who are transporting product in final packaged form.4. The registrant shall provide the GPS information upon request by the Commission or its employees.5. The use of cellular telephones as a device for GPS tracking does not meet the requirements of this rule.(c) All vehicles shall be equipped with: 1. Climate control capabilities to ensure the integrity of the product in final packaged form being transported;3. Permanently installed video cameras which shall: (i) Constantly record during the transport of product in final packaged form;(ii) Provide constant coverage of the driver and product being transported;(iii) Be capable of maintaining video recordings for no less than forty-five (45) days; and(iv) Be accessible or capable of producing video recordings upon request to the Commission or its employees.(d) All transport vehicles shall be insured as set forth in Code Section 40-2-137.(4) Independent laboratories are prohibited from transporting any product in final packaged form without a valid sampling form. (a) The independent laboratory shall prepare a sampling form prior to transferring product in final packaged form off of the production premises.(b) During transportation, the independent laboratory shall maintain a physical copy of the sampling form and make it available upon request to the Commission or its employees. 1. An independent laboratory may elect to use a paper copy or digital copy of the sampling form.2. Independent laboratories are required to ensure all information is preserved with valid and verified signatures on any digital copy of a sampling form.(5) Upon arrival at the independent laboratory's premises, the independent laboratory shall: (a) Submit to the Commission-approved tracking system a record verifying receipt of the samples and the details of the samples; and(b) Ensure that the product in final packaged form received are as described in the sampling form and shall immediately adjust its records to reflect the receipt of the samples.(6) An independent laboratory shall create security standards for transportation, including ensuring that:(a) Product in final packaged form shall only be transported inside of a vehicle or trailer that meets the requirements of the rules of the Commission and shall not be visible or identifiable from outside of the vehicle or trailer;(b) Product in final packaged form shall be locked in a fully enclosed box, container, or cage that is secured to the inside of the vehicle or trailer, and shielded from view from the exterior of the vehicle. No portion of the enclosed box, container, or cage shall be comprised of any part of the body of the vehicle or trailer. For the purposes of this section, the inside of the vehicle also includes, but is not limited to, the trunk and cargo areas;(c) The vehicle transporting the product in final packaged form shall not contain any marks, logos, brands, or other illustrations on the exterior of the vehicle, other than those affixed to the vehicle by the vehicle manufacturer or dealership, or required placards and signage;(d) All transport times and routes are randomized and within the borders of the state of Georgia; and(e) An independent laboratory shall staff all transport vehicles with a minimum of two (2) employees. At least one (1) transport team member shall remain with the vehicle at all times that the vehicle contains product in final packaged form. 1. An employee shall carry the employee's identification at all times when transporting or delivering product in final packaged form.2. The employee shall produce the identification to the Commission or its employees or to a law enforcement officer acting in the course of official duties.Ga. Comp. R. & Regs. R. 351-7-.06
O.C.G.A. §§ 16-12-203, 16-21-210, 16-12-217.
Original Rule entitled "Transportation of Samples" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.