N.J. Admin. Code § 17:30-18.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:30-18.5 - Testing laboratory inspection; authorized conduct; ongoing material conditions

(a) No person shall operate a testing laboratory pursuant to this subchapter without a Commission-issued license.

(b) A licensed testing laboratory is subject to inspection by the Commission:

1. To determine the condition and calibration of any equipment used for testing purposes; and

2. To ensure that testing is being performed in accordance with N.J.S.A. 24:6I-19 and 35 and the Commission's accreditation requirements for licensure pursuant to this subchapter.

(c) A testing laboratory license shall permit a testing laboratory to sample and test cannabis items in accordance with the Act and this chapter, as well as sample and test medical cannabis and medical cannabis products in accordance with the provisions of the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307(N.J.S.A. 24:6I-1 et seq.), upon certification or licensing pursuant to N.J.S.A. 24:6I-18.

(d) The testing laboratory shall display the license in a conspicuous location at the front entrance to the premises of the licensed facility at all times when the facility is engaged in conduct authorized pursuant to N.J.S.A. 24:6I-1 et seq., involving cannabis.

(e) A licensed testing laboratory shall maintain third-party accreditation from an accreditation body that requires conformance to the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) general requirements for the competence of testing and calibration laboratories (ISO/IEC 17025 standards).

1. A licensed testing laboratory shall routinely inspect, calibrate, and maintain its equipment as required by such accreditation body; and

2. A licensed testing laboratory shall adopt a standard operating procedure to test cannabis and cannabis products that is approved by such accreditation body.

(f) A licensed testing laboratory must notify the Commission about any change to the list of accreditations and certifications submitted in the testing laboratory application, including, but not limited to, those from governing bodies, such as the Commission, the New Jersey Department of Health, the New Jersey Department of Environmental Protection, the New Jersey Department of Agriculture, other similar agencies in other states, the U.S. Food and Drug Administration, or the U.S. Department of Agriculture.

(g) A licensed testing laboratory shall adopt a standard operating procedure that provides for adequate chain of custody controls for samples transferred to the testing laboratory during secure transport and testing.

(h) To maintain the security of the cannabis and cannabis product samples, a licensed testing laboratory shall:

1. Provide additional security during working hours, as needed, to protect testing laboratory employees and cannabis and cannabis product samples in a manner appropriate for the community where it operates;

2. Provide training to inform all testing laboratory employees about the cannabis-related security procedures, and each individual employee's security roles and responsibilities;

3. Securely store cannabis and cannabis products in a manner that prohibits sample degradation, contamination, and tampering; and

4. Create controlled access areas for storage of cannabis and cannabis product samples and cannabis waste.

i. Access to controlled access areas must be limited to testing laboratory personnel by locks, electronic badge readers, biometric identifiers, or other secure means; and

ii. A testing laboratory standard operating procedure must revoke access privileges to controlled access areas for personnel whose employment is terminated by the testing laboratory.

(i) As an ongoing material condition of maintaining a testing laboratory license, a testing laboratory must maintain a labor peace agreement with a bona fide labor organization.

(j) A licensed testing laboratory may perform testing on goods unrelated to cannabis, as long as:

1. The licensed testing laboratory complies with all testing laboratory requirements in this chapter.

2. The licensed testing laboratory segregates cannabis and cannabis product testing from other non-cannabis-related testing performed at the facility, stores cannabis and cannabis products separately and distinctly from other noncannabis goods and follows all the security requirements at (h) above in the areas where cannabis or cannabis products are present.

(k) A licensed testing laboratory shall conduct an internal audit at least once per year or in accordance with the accrediting body's requirement, whichever is more frequent.

1. The internal audit must include all of the components required by the ISO/IEC 17025 internal audit standards.

2. Within three business days of completing the internal audit, the testing laboratory shall submit the results of the internal audit to the Commission.

(l) A licensed testing laboratory shall not acquire or receive personal use usable cannabis or cannabis products, except from a cannabis business in accordance with this chapter, and shall not distribute, sell, or dispense cannabis or cannabis products, except that:

1. A testing laboratory may receive and test samples of usable cannabis or cannabis products from a consumer and provide a written report to the consumer for a reasonable fee.

i. A testing laboratory may not certify samples from a consumer for resale or transfer to another person, ATC, or cannabis business; and

2. A testing laboratory may receive samples of usable cannabis or cannabis products from a cannabis business and may provide additional optional research and development testing.

N.J. Admin. Code § 17:30-18.5

Recodified from 17:30-15.5 by 55 N.J.R. 402(a), effective 3/6/2023