Section 453A.658 - Sample testing; disposal of samples; standards; laboratory test results; grounds for disciplinary action1. Immediately before packaging: (a) Raw marijuana for sale to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or another cultivation facility, a cultivation facility shall segregate all harvested marijuana into homogenized lots of flower and trim, respectively and allow an independent testing laboratory to select a representative sample for testing from each lot the cultivation facility has segregated. The independent testing laboratory which performs the test must collect the samples. If the cultivation facility has segregated the lot of harvested marijuana into packages or container sizes smaller than the entire lot, the independent testing laboratory must sample and test each package containing harvested marijuana from the lot.(b) Concentrated cannabis, edible marijuana products or marijuana-infused products, a facility for the production of edible marijuana products or marijuana-infused products shall allow an independent testing laboratory to select a random sample from each lot or production run for testing by the independent testing laboratory. The independent testing laboratory performing the testing must collect the samples.(c) The independent testing laboratory selecting a sample shall, using tamper-resistant products, record the batch, lot or production run number and the weight or quantity of the sample and seal the sample into a container.2. An independent testing laboratory that receives a sample pursuant to this section shall test the sample as provided in NAC 453A.654.3. From the time that a lot or production run has been homogenized for sample testing and eventual packaging and sale to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility until the independent testing laboratory provides the results from its tests and analysis, the facility which provided the sample shall segregate and withhold from use the entire lot or production run, except the samples that have been removed by the independent testing laboratory for testing. During this period of segregation, the facility which provided the sample shall maintain the lot or production run in a secure, cool and dry location so as to prevent the marijuana from becoming contaminated or losing its efficacy. Under no circumstances shall the facility which provided the sample sell the marijuana or edible marijuana products or marijuana-infused products, as applicable, to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility before the time that the independent testing laboratory has completed its testing and analysis and provided those results, in writing, to the facility which provided the sample.4. Except as otherwise provided in subsection 5, an independent testing laboratory shall immediately return or dispose of any sample received pursuant to this section upon the completion of any testing, use or research. If an independent testing laboratory disposes of a sample received pursuant to this section, the laboratory shall document the disposal of the sample using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.5. An independent testing laboratory shall keep any sample which fails testing or which is collected by the State Department of Agriculture for confirmation testing for 30 days after failure or collection. A sample which is kept pursuant to this subsection must be stored in a manner approved by the Department of Taxation. A marijuana testing facility shall dispose of a sample kept pursuant to this subsection after 30 days have elapsed after failure or collection.6. Except as otherwise provided in NAC 453A.672, if a sample provided to an independent testing laboratory pursuant to this section does not pass the testing required by NAC 453A.654, the facility which provided the sample shall dispose of the entire lot or production run from which the sample was taken and document the disposal of the sample using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.7. If a sample provided to an independent testing laboratory pursuant to this section passes the testing required by NAC 453A.654, the independent testing laboratory shall release the entire lot or production run for immediate manufacturing, packaging and labeling for sale to a medical marijuana dispensary, a facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility.8. A medical marijuana establishment shall not use more than one independent testing laboratory to test the same lot or production run of marijuana without the approval of the Department.9. An independent testing laboratory shall file with the Department, in a manner prescribed by the Department, an electronic copy of the certificate of analysis for all tests performed by the independent testing laboratory, regardless of the outcome of the test, including all testing required by NAC 453A.654, at the same time that it transmits those results to the facility which provided the sample. The independent testing laboratory shall transmit an electronic copy of the certificate of analysis for each test to the Department by electronic mail at: (a) If the test was passed, mmelabpass@tax.state.nv.us; or(b) If the test was failed, mmelabfail@tax.state.nv.us.10. An electronic mail message transmitted pursuant to subsection 9 must be formatted as follows: (a) The subject line of the electronic mail message must be the name of the medical marijuana establishment from which the sample was collected.(b) The name of the electronic file containing the certificate of analysis must be: (1) Except as otherwise provided in subparagraph (2) or (3), the four digit identifier assigned by the Department to the independent testing laboratory, followed by an underscore, followed by the four digit identifier assigned by the Department to the medical marijuana establishment from which the sample was collected, followed by an underscore, followed by:(I) If the sample was from a production run, the production run number; or(II) If the sample was not from a production run, the batch number, followed by an underscore, followed by the lot number.(2) If the certificate of analysis is from a retesting of a previously failed sample, an underscore followed by the word "Retest" must be appended to the end of the name of the electronic file.(3) If the certificate of analysis has been amended, an underscore followed by the word "Amended" must be appended to the end of the name of the electronic file.(c) If the certificate of analysis has been amended, the electronic copy of the certificate of analysis must state "Amended" in bold red font at the center of the top of the first page of the report and must contain a statement of the reason for the amendment.11. The Department will take immediate disciplinary action against any medical marijuana establishment which fails to comply with the provisions of this section or falsifies records related to this section, including, without limitation, revoking the medical marijuana establishment registration certificate of the medical marijuana establishment.12. An independent testing laboratory may subcontract its testing of marijuana, edible marijuana products and marijuana-infused products only to another independent testing laboratory. A transfer of samples pursuant to such a subcontract must be performed directly by the independent testing laboratories.Nev. Admin. Code § 453A.658
Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014; A by R148-15A, eff. 9/9/2016; A by R092-17AP, eff. 2/27/2018NRS 453A.370, as amended by section 47 of Assembly Bill No. 422, chapter 540, Statutes of Nevada 2017, at page 3706 and section 48 of Senate Bill No. 487, chapter 541, Statutes of Nevada 2017, at page 3759