Kan. Admin. Regs. § 22-26-9

Current through Register Vol. 43, No. 49, December 5, 2024

Section 22-26-9 - Security measures; reportable events; recordkeeping

(a) Each processor shall keep all equipment and areas used for the processing and storage of hemp, distillate, seeds, or hemp waste securely locked and protected from entry by unauthorized individuals.

(b) Each hemp processing facility shall have adequate alarm and video surveillance security systems to prevent and detect diversion, theft, or loss of hemp, distillate, seeds, or hemp waste, including the following:

(1) A perimeter alarm with motion detector providing coverage of all facility entrances and exits, rooms with exterior windows, roof hatches, skylights, and storage rooms; and

(2) a video surveillance system.

(c) The video surveillance system shall have video cameras directed at and recording all areas that are used to contain hemp, distillate, seeds, or hemp waste and all points of entry and exit. These cameras shall be angled to capture a clear and certain identification of any person within view. The date and time shall be embedded on all surveillance recordings without obscuring the picture. The video cameras shall be in operation 24 hours each day and may be set to record upon detection of motion.

(d) Each processor shall make available the video camera recordings for immediate viewing by the state fire marshal or law enforcement upon request.

(e) All alarm and video surveillance systems shall be designed to operate during power outages.

(f) All alarm and video surveillance systems shall be inspected at least annually by the vendors.

(g) Each processor shall immediately notify the state fire marshal of any failure of the security alarm system or surveillance system due to a loss of electrical power or mechanical malfunction and shall describe any corrective measures taken.

(h) Each processor shall maintain the following records:

(1) Surveillance video camera recordings, for at least the preceding 14 days;

(2) annual inspections of the alarm and video surveillance systems, for three years; and

(3) records of any occurrence that is reportable under this regulation, for three years after the occurrence.

(i) Each processor shall immediately notify the state fire marshal of any interaction of the processor, or its employees, contractors, or agents, with law enforcement that is related to participation in the hemp processing industry. This requirement shall also apply to any contact with law enforcement related to a criminal charge or criminal investigation involving any of the offenses listed in K.A.R. 22-26-3(b)(9) or (10) or offenses in another jurisdiction that are substantially similar to the listed offenses. The processor shall provide a written follow-up statement summarizing the interaction and its outcome to the state fire marshal within three calendar days of the interaction.

Kan. Admin. Regs. § 22-26-9

Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; adopted by Kansas Register Volume 40, No. 40; effective 10/22/2021.