935 CMR, § 501.029

Current through Register 1536, December 6, 2024

Section 501.029 - Registration and Conduct of Independent Testing Laboratory Agents

(1) An Independent Testing Laboratory providing testing services for an MTC or Marijuana Establishment in compliance with 935 CMR 501.000, or 935 CMR 500.000: Adult Use of Marijuana, shall apply for Laboratory Agent registration for any of its employees, consultants or volunteers that will be in possession of Marijuana for medical use on behalf the Independent Testing Laboratory.

(2) An application for registration of a Laboratory Agent, submitted to the Commission by an Independent Testing Laboratory, shall include:

(a) The full name, date of birth and address of the individual;

(b) All aliases used previously or currently in use by the individual, including maiden name, if any;

(c) Written acknowledgment signed by the applicant of the limitations on his or her authorization to possess, test, Transfer, or Process Marijuana or Marijuana Products in the Commonwealth;

(d) A copy of the applicant's driver's license, government issued identification card, or other verifiable identity document acceptable to the Commission;

(e) An attestation signed by the applicant that the applicant will not engage in the diversion of Marijuana and Marijuana Products;

(f) A nonrefundable application fee, as required by the Commission; and

(g) Any other information required by the Commission.

(3) An Independent Testing Laboratory Person Having Direct Control registered with the Massachusetts DCJIS pursuant to 803 CMR 2.04: iCORI Registration shall submit to the Commission a CORI report and any other background check information required by the Commission for each individual for whom the Independent Testing Laboratory seeks a Laboratory Agent registration, obtained within 30 calendar days prior to submission.

(4) An Independent Testing Laboratory shall notify the Commission no more than one business day after a Laboratory Agent ceases to be associated with the Independent Testing Laboratory. The Laboratory Agent's registration shall be immediately void when the agent is no longer associated with the Independent Testing Laboratory.

(5) A Registration Card shall be valid for one year from the date of issue. The Commission will accept Registration Cards validly issued prior to the Program Transfer. A Registration Card will remain valid until its one-year anniversary date or until a new Registration Card is issued by the Commission, whichever occurs first. On the issuance of a new Registration Card, the holder of the Registration Card shall be destroyed any previously issued Registration Card(s) in a responsible manner that would prevent it from being used as an identification or Registration Card.

(6) A Registration Card may be renewed on an annual basis on a determination by the Commission that the applicant for renewal continues to be suitable for registration based on satisfaction of the requirements included in 935 CMR 501.800 and 935 CMR 501.801 or 935 CMR 501.803.

(7) After obtaining a Registration Card for a Laboratory Agent, an Independent Testing Laboratory is responsible for notifying the Commission, in a form and manner determined by the Commission, as soon as possible, but in any event, within five business days of any changes to the information that the Independent Testing Laboratory was previously required to submit to the Commission or after discovery that a Registration Card has been lost or stolen.

(8) A Laboratory Agent shall always carry the Registration Card associated with the appropriate Independent Testing Laboratory while in possession of Marijuana Products, including at all times while at an Independent Testing Laboratory, or while transporting Marijuana or Marijuana Products.