N.J. Admin. Code § 17:30-16.1

Current through Register Vol. 56, No. 7, April 1, 2024

Section 17:30-16.1 - Processing of cannabis items; release for distribution

(a) Each cannabis cultivator and cannabis manufacturer shall contract with a testing laboratory to obtain and test samples of unusable or usable cannabis and cannabis products.

(b) A cannabis cultivator or cannabis manufacturer shall process unusable or usable cannabis or manufacture cannabis products in a safe and sanitary manner to protect consumers from adulterated cannabis items, which shall be:

1. For usable cannabis, well cured, and free of seeds and stems;

2. Free of dirt, sand, debris, or other foreign matter; and

3. Free of mold, rot, or other fungus or bacterial diseases.

(c) After curing is complete and usable cannabis is in its final dried form, or after manufacturing is complete and cannabis products are in their final form, as applicable, before packaging and release for distribution, a cannabis cultivator or cannabis manufacturer shall ensure that a licensed testing laboratory, in accordance with N.J.A.C. 17:30-19:

1. Obtains a representative sample from a batch of unusable or usable cannabis or a lot of cannabis products;

2. Tests the representative sample; and

3. Provides a written report to the cannabis cultivator or cannabis manufacturer.

(d) The cannabis cultivator or cannabis manufacturer shall hold the batch of unusable or usable cannabis or lot of cannabis products in secure, segregated storage until it receives a written report from the licensed testing laboratory confirming that the representative sample meets specifications.

(e) After it receives a written report confirming that the representative sample meets specifications, the cannabis cultivator or cannabis manufacturer may:

1. Assign an expiration date to the batch or lot;

2. Package the batch or lot and release it for distribution; and

3. Revise the status of the batch or lot in the inventory control.

(f) When the cannabis cultivator or cannabis manufacturer receives a written report confirming that the test results of the representative sample do not meet specifications, the cannabis cultivator or cannabis manufacturer shall not sell the batch or lot to another cannabis business and shall destroy the batch or lot or dispose of it by rendering it unrecoverable and unrecognizable, with the following exceptions:

1. If the written report confirms that the test results for unusable or usable cannabis do not meet specifications for total yeast and mold count, pursuant to the microbial contamination subsection of the Cannabis Testing Guidance, the cannabis cultivator may sell the batch to a cannabis manufacturer to manufacture the batch into a cannabis extract or cannabis-infused product using a process involving a solvent that leaves no yeast or mold, and where the final cannabis product is tested again prior to sale or transfer; and

2. The cannabis business may retest and remediate pursuant to N.J.S.A. 24:6I-35.a(13)(c).

(g) The cannabis cultivator or cannabis manufacturer shall submit a copy of the written report to the Commission on a form developed by the Commission.

N.J. Admin. Code § 17:30-16.1

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Recodified to 17:30-19.1 by 55 N.J.R. 402(a), effective 3/6/2023