5 Colo. Code Regs. § 1005-5-3

Current through Register Vol. 47, No. 11, June 10, 2024
Rule 5 CCR 1005-5-3 - Hemp Testing Laboratories: General Limitations or Prohibited Acts
3.1Conflicts of Interest. The Hemp Testing Laboratory, including those that are internal departments of Hemp Cultivators or Hemp Manufacturers, shall establish policies to prevent the existence of or appearance of undue commercial, financial, or other influences that may diminish the competency, impartiality, and integrity of the Hemp Testing Laboratory's testing processes or results, or that may diminish public confidence in the competency, impartiality and integrity of the Hemp Testing Laboratory's testing processes or results. At a minimum, employees, owners or agents of a Hemp Testing Laboratory who participate in any aspect of the analysis, resulting, and/or reporting of a Sample are prohibited from improperly influencing the testing process, improperly manipulating data, or improperly benefiting from any on-going financial, employment, personal or business relationship with the Hemp Cultivator or Hemp Manufacturer that provided the Sample. The Hemp Testing Laboratory shall provide documentation showing a clear delineation between production and lab testing activities reflected in their quality management system documentation. Any conflicts of interest must be documented and disclosed.
3.2Transfer of Hemp and Hemp Product Prohibited. A Hemp Testing Laboratory shall not transfer Hemp or Hemp Product to an Hemp Cultivator or Hemp Manufacturer or a consumer, except that a Hemp Testing Laboratory may transfer a Sample to another Hemp Testing Laboratory.
3.3Destruction of Received Samples. A Hemp Testing Laboratory shall properly dispose of all Samples it receives, that are not transferred to another Hemp Testing Laboratory, after all necessary tests have been conducted and any required period of storage. See Rule 14 - Waste Disposal.
3.4Sample Rejection. A Hemp Testing Laboratory shall reject any Sample where:
3.4.1 The condition of the Sample at receipt indicates that the Sample may have been tampered with or could have become contaminated as a result of damaged or improper packaging; OR
3.4.2 The Sample of Hemp has not been collected in accordance with 8 CCR 1203- 23.

5 CCR 1005-5-3

44 CR 06, March 25, 2021, effective 4/14/2021
46 CR 21, November 10, 2023, effective 12/15/2023