1 Colo. Code Regs. § 212-3-3-3115

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-3-3115 - Video Surveillance

Basis and Purpose - 3115

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(b), 44-50-203(1)(j), 44-50-203(1)(k), 44-50-203(2)(a), 44-50-203(2)(f), 44-50-203(2)(k), 44-50-203(2)(p), and 44-50-204(1)(a), C.R.S. The purpose of this rule is to define video surveillance requirements for all Natural Medicine Businesses.

A.Minimum Requirements. The following video surveillance requirements shall apply to Healing Centers as required by Rule 8025, and all Natural Medicine Cultivation Facilities, Natural Medicine Products Manufacturers, and Natural Medicine Testing Facilities, unless stated otherwise in these Rules.

1. Prior to exercising the privileges of a Healing Center, Natural Medicine Cultivation Facility, Natural Medicine Products Manufacturer Facility, or Natural Medicine Testing Facility License, an Applicant must install a fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Rule.

2. All video surveillance records and recordings must be stored in a Restricted Area, if applicable. If the Licensee does not have a Restricted Area, surveillance records of recordings must be securely stored in a location that is identified on the diagram of the Licensed Premises, or stored virtually and accessible electronically.

3. Video surveillance records and recordings must be made available upon request to the Division or for any other state or local law enforcement purpose.

B.Video Surveillance Equipment.

1. Video surveillance equipment shall, at a minimum, consist of digital or network video recorders, cameras capable of meeting the recording requirements described in this Rule, and a minimum of one on-premises video monitor, which may be a computer, tablet, or phone.

2. Licensees are responsible for ensuring that all surveillance equipment is properly functioning, maintained, and equipped with a failure notification system that provides prompt notification to the Licensee of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

3. All video surveillance equipment shall have sufficient battery backup or other uninterrupted power supply to support a minimum of one hour of recording in the event of a power outage. Licensees must notify the Division of any loss of video surveillance capabilities that extend beyond two hours.

C.Placement of Cameras and Required Camera Coverage.

1. Camera coverage is required for all areas identified as Restricted Areas including entrances and exits to Restricted Areas and any area storing video surveillance equipment or recordings.

2. Cameras shall be placed to provide a clear unobstructed view of areas where Regulated Natural Medicine is grown, sampled, weighed, packaged, tagged, tested, stored, manufactured, and prepared for transport or disposal, whether in a Restricted Area or Administration Area.

3. Cameras must be placed and angled to allow clear and certain identification of any individual and activities in the Restricted Areas.

D.Location and Maintenance of Surveillance Equipment.

1. Surveillance recording equipment must be accessible only to authorized employees, service personnel or contractors, agents of the Division, or for any other state or local law enforcement purpose.

2. Licensees must keep a current list of all authorized employees and service personnel who have access to the surveillance system. Licensees must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity including the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system.

3. Off-site Monitoring and video recording storage of the areas identified in this Rule 3115 by the Licensee or an independent third-party is authorized as long as standards exercised at the remote location meet or exceed all standards for on-site monitoring.

4. Natural Medicine Business Licensees co-located in accordance with Rule 3105 may have a separate surveillance area or a shared surveillance area within the Licensed Premises.

a. Natural Medicine Businesses with identical Owner Licensees may have one central surveillance room or area located at one of the Licensed Premises that simultaneously serves all of the Natural Medicine Businesses' Licensed Premises.

b. Licensed Premises that do not house the surveillance recording equipment are required to have an area where surveillance may be reviewed. Nothing in this Rule is intended to prohibit a Licensee from using a computer or mobile device for surveillance review.

5. Licensed Premises where both a Natural Medicine Cultivation Facility Licensee and Natural Medicine Products Manufacturer Licensee are co-located may have one central surveillance room located at the shared Licensed Premises. See Rule 3105 - Co-Located Natural Medicine Business Licenses.

E.Video Recording and Retention Requirements.

1. All camera views of all Restricted Areas must be able to record 24 hours a day. The use of motion detection is authorized if a Licensee confirms that monitored activities are adequately recorded.

2. All surveillance recordings must be kept for a minimum of 30 days and be in a format that can be easily accessed for viewing. Absence of video surveillance may result in a negative inference at an administrative hearing.

3. The date and time must be embedded on all surveillance recordings without significantly obscuring the picture.

4. Time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory at: http://www.time.gov.

5. Surveillance video recordings may not be destroyed if the Licensee knows or should have known of a pending criminal, civil, or administrative investigation, or any other proceeding for which the recording may contain relevant information. Destruction of video surveillance may result in a negative inference at an administrative hearing.

1 CCR 212-3-3-3115

47 CR 17, September 10, 2024, effective 10/1/2024