Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

56.04.050 Precautions and Specific Requirements

(a) Every cultivation facility shall take all reasonable measures and precautions to ensure that the following requirements are met:

(1) All cultivation of Marijuana that a cultivations facility carries out or causes to be carried out must take place in an enclosed, locked structure or building.

(2) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with Marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.

(3) All persons working in direct contact with Marijuana shall conform to hygienic practices while on duty, including but not limited to, maintaining sufficient personal cleanliness.

(4) Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where Marijuana is exposed.

(5) All floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair.

(6) Adequate lighting shall be required in all areas where Marijuana is stored.

(7) Adequate screening or other protection against the entry of pests shall be made. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests.

(8) All buildings, fixtures, and other facilities shall be maintained in a sanitary condition.

(9) Pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of Marijuana, and in a manner that is in accordance with this title and any applicable tribal or federal law, rule, or regulation.

(b) Cultivation facilities shall be subject to the following specific regulations:

(1) The display or sale of paraphernalia employed in the use or consumption of Marijuana or any implement that may be used to administer, use, inhale, consume, smoke or ingest Marijuana, is prohibited at the cultivation facility.

(2) The cultivation of Marijuana shall not adversely affect the health or safety of the employees, or the facility in which it is cultivated or processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes.

(3) The cultivation area shall occur only within a self-contained structure that is adequately ventilated.

(4) The cultivation facility shall comply with storm-water, wastewater, and other requirements of the Tribe.

(5) The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the facility's needs.

(6) The plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water and that shall properly convey sewage and liquid disposable waste from the cultivation facility. There shall be no cross-connections between the potable and waste water lines.

(7) All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of Marijuana or Marijuana product shall be conducted in accordance with adequate sanitation principles.

(8) Every cultivation facility shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.

(9) All hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the cultivation facility and where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand- cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.

(10) Marijuana that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.