1 Colo. Code Regs. § 212-3-7-7005

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

Section 1 CCR 212-3-7-7005 - License Privileges

Basis and Purpose - 7005

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(f), 44-50-203(1)(g), 44-50-203(1)(j), 44-50-203(1)(l), 44-50-203(2)(a), 44-50-203(2)(g), 44-50-203(2)(i), and 44-50-404(1) -(2), C.R.S. The purpose of this rule is to establish the privileges of a Natural Medicine Testing Facility license including the privilege of co-locating a Natural Medicine Testing Facility with a Licensed Marijuana Testing Facility or Certified Hemp Laboratory. This co-location privilege with different license types is exclusive to Natural Medicine Testing Facilities.

A. A Natural Medicine Testing Facility Licensee may only exercise the License privileges granted by the State Licensing Authority and these Rules, including conducting required and voluntary tests on Regulated Natural Medicine and Regulated Natural Medicine Product as requested by other Natural Medicine Business Licensees, the Division, the State Licensing Authority, and the Colorado Department of Public Health and Environment.

1. No later than thirty days after beginning operations, the Natural Medicine Testing Facility Licensee must submit complete floor plans or diagrams of the Licensed Premises to the Division in a manner prescribed by the Division. Floor plans must clearly show any areas designated as Restricted Areas and security camera placement required by these Rules.

B. A Natural Medicine Testing Facility may be co-located with a Licensed Marijuana Testing Facility or a Certified Hemp Laboratory.

1. If a Natural Medicine Testing Facility is co-located with any of the above testing facilities, there must be separate storage areas for Samples of Regulated Natural Medicine or Regulated Natural Medicine Product, hemp test samples, and marijuana test samples.

2. Any shared equipment for different types of testing must be properly cleaned and sanitized between testing of Regulated Natural Medicine or Regulated Natural Medicine Product, hemp, and marijuana.

C.Testing of Regulated Natural Medicine or Regulated Natural Medicine Product Authorized. A Natural Medicine Testing Facility may accept and test Samples of Regulated Natural Medicine or Regulated Natural Medicine Product properly submitted by a Natural Medicine Business.

D. A Natural Medicine Testing Facility may transfer Samples to another Natural Medicine Testing Facility for testing.

E. A Natural Medicine Testing Facility must properly dispose of all Samples it receives, that are not transferred to another Natural Medicine Testing Facility, after all requested tests have been completed and any sample retention period has elapsed, in accordance with Rule 3120.

F. A Natural Medicine Testing Facility must reject any Sample where the condition of the Sample indicates that the Sample may have been tampered with.

G. A Licensee may only exercise the License privileges of a Natural Medicine Testing Facility License if the Licensee meets all requirements for certification pursuant to Rule 7015 and any other rules required by the Department of Public Health and Environment to obtain and maintain certification.

H.Testing Services - Non-required Test Types. A Natural Medicine Testing Facility may conduct non-required testing in accordance with these Rules on Regulated Natural Medicine or Regulated Natural Medicine Product upon a Natural Medicine Business's request in accordance with this subparagraph H.

1.Non-required Regulated Natural Medicine Testing Services. Non-required Regulated Natural Medicine testing services may include, but are not limited to offering:

a. Voluntary testing for heavy metals, pesticides, solvents, or mycotoxins;

b. Shelf-stability testing; and

c. Research and development testing of alkaloid, tryptamine, and other component testing.

2.Required Disclosures. Prior to performing non-required testing on Regulated Natural Medicine or Regulated Natural Medicine Product, the Natural Medicine Testing Facility must notify the requesting Natural Medicine Business that the Natural Medicine Testing Facility Licensee is not certified to perform non-required tests and that such test results have not been certified or subject to state regulator oversight.

1 CCR 212-3-7-7005

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