Section R. 420.304 - Sampling; testingRule 4.
(1) A laboratory shall test samples as provided in the acts and these rules.(2) A laboratory shall collect samples of a marihuana product from another marihuana business, and that marihuana business shall not interfere or prevent the laboratory from complying with all of the following requirements: (a) The laboratory shall physically collect the sample of the marihuana product from another marihuana business to be tested at the laboratory. A laboratory shall comply with all the following: (i) The laboratory shall ensure that samples of the marihuana product are identified in the statewide monitoring system and placed in secured, sealed containers that bear the labeling required under these rules.(ii) The route plan and manifest must be entered into the statewide monitoring system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request.(iii) The marihuana must be transported in 1 or more sealed containers and not be accessible while in transit.(iv) The vehicle a laboratory is using to transport samples of marihuana product must not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.(b) Except otherwise required by the agency, the laboratory shall collect a sample size that is sufficient to complete all required analyses, and not less than 0.5% of the weight of the harvest batch.(c) The maximum harvest batch is 50 pounds. At least 50% of the sample taken must be homogenized for testing. The agency may publish sample sizes for marihuana products being tested.(d) For a marihuana concentrate a laboratory must take a sample increment of 0.25 grams. The laboratory must take the following number of increments based upon the production batch size:(i) 12 increments for a production batch of 1 to 2 pounds.(ii) 15 increments for a production batch of 2 to 3 pounds.(iii) 18 increments for a production batch of 3 to 4 pounds.(iv) 23 increments for a production batch of 4 to 10 pounds.(v) 29 increments for a production batch greater than 10 pounds.(e) For marihuana-infused products a laboratory must take the following number of units based upon the production batch size:(i) 2 units for a production batch of up to 100 units.(ii) 4 units for a production batch of 101 to 500 units.(iii) 6 units for a production batch of 501 to 1000 units.(iv) 8 units for a production batch of 1001 to 5000 units.(v) 10 units for a production batch of 5001 to 10,000 units.(vi) 12 units for a production batch greater than 10,001 units.(f) The laboratory shall develop a statistically valid sampling method and have it approved by the agency to collect a representative sample from each batch of marihuana product. The laboratory shall have access to the entire batch for the purposes of sampling.(g) An employee of the marihuana business from which marihuana product test samples are collected shall be physically present to observe the laboratory employee collect the sample of marihuana product for testing and ensure that the sample increments are taken from throughout the batch.(h) An employee of a marihuana business shall neither assist the laboratory employee nor touch the marihuana product or the sampling equipment while the laboratory employee is obtaining the sample.(i) After samples have been selected, both the employee of the marihuana business that had the samples collected and the employee from the laboratory shall sign and date the chain of custody form, attesting to the following sample information: (i) Marihuana product name.(ii) Weight of marihuana product.(iii) All marihuana products and samples are correctly identified in the statewide monitoring system.(iv) If the product test sample is obtained for a retest, the laboratory confirms that it is not accepting a product test sample that is prohibited from being retested.(j) A marihuana business shall enter in the statewide monitoring system the marihuana product test sample that is collected by a licensed laboratory, including the date and time the marihuana product is collected and transferred. The laboratory shall enter into the statewide monitoring system the test results within 3 business days of test completion.(k) If a testing sample is collected from a marihuana business for testing in the statewide monitoring system, that marihuana business shall quarantine the marihuana product that is undergoing the testing from any other marihuana product at the marihuana business. The quarantined marihuana product may not be packaged, transferred, or sold until passing test results are entered into the statewide monitoring system.(l) Any marihuana product that a laboratory collects for testing from a licensee under this rule may not be transferred or sold to any other marihuana business other than the licensee from whom the sample was collected. This provision does not apply to a laboratory that engages another laboratory to perform certain safety tests on a subcontracted basis.(m) A laboratory may collect additional sample material from the same licensee from which the original sample was collected for the purposes of completing the required safety tests as long as the requirements of this rule are met.(n) The agency may publish guidance that must be followed by marihuana businesses for chain of custody documentation. Mich. Admin. Code R. 420.304
2020 AACS; 2022 MR 5, Eff. 3/7/2022