N.J. Admin. Code § 17:30-19.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 17:30-19.3 - Testing laboratory sample collection; chain of custody

(a) Upon request of a cannabis business when a batch or lot is ready for testing, a testing laboratory employee shall initiate a sample collection for all applicable tests before packaging:

1. After usable cannabis is in its final usable form, including placement of usable cannabis in a pre-roll, ready to be manufactured into a cannabis product, or ready to be distributed for personal use; or

2. After a cannabis product is in its final processed form, including placement of vaporized formulation in its electronic smoking device or oil in its pressurized metered dose inhaler, or ready to be distributed for personal use.

(b) A testing laboratory employee shall collect a representative initial sample and a representative retention sample from each batch of usable cannabis from a cannabis business that cultivates and from each lot of cannabis products from a cannabis business that manufactures according to a statistically valid sampling method.

1. A cannabis business employee shall be physically present to observe the testing laboratory employee collect any sample.

2. The cannabis business employee shall not touch the usable cannabis, cannabis product, or the sampling equipment while the testing laboratory employee is collecting the samples.

3. The testing laboratory employee shall collect a representative initial sample and a representative retention sample of each batch or lot by removing increment samples of material or units from throughout the container(s) in the batch or lot in the manner required at (b)3i and ii below.

i. Where appropriate for the purpose of the sample and the nature of the material being sampled, sample portions are removed from the top, middle, and bottom of containers.

ii. Containers from which samples have been taken shall be marked to indicate that samples have been removed from them.

4. A representative initial sample of usable cannabis shall be.5 percent of a batch or lot, with the following increment sample amounts:

i. Less than or equal to 10 pounds of usable cannabis, five increment samples;

ii. 10.1-20 pounds of usable cannabis, 10 increment samples;

iii. 20.1-30 pounds of usable cannabis, 15 increment samples;

iv. 30.1-40 pounds of usable cannabis, 20 increment samples;

v. 40.1-50 pounds of usable cannabis, 25 increment samples; and

vi. 50.1-100 pounds of usable cannabis, 30 increment samples.

5. A representative initial sample of non-homogenizable cannabis product shall be:

i. 50 or less total units, two increment units;

ii. 51-150 total units, three increment units;

iii. 151-500 total units, five increment units;

iv. 501-1,200 total units, eight increment units;

v. 1,201-3,200 total units, 16 increment units;

vi. 3,201-10,000 total units, 40 increment units; and

vii. 10,001-35,000 total units, 125 increment units.

6. A representative retention sample shall be two times the amounts listed for representative initial samples of a batch or lot at (b)4 and 5 above.

7. When collecting representative samples, the testing laboratory employee shall:

i. Clean, open, sample, and reseal the containers in a manner designed to prevent introduction of contaminants; and

ii. Use sterile equipment and aseptic sampling techniques when necessary.

(c) After completing sample collection, the testing laboratory employee shall place the cannabis business license number and affix a label with a description and the quantity of the content on each sample container.

(d) The testing laboratory employee shall seal each sample container.

(e) The cannabis business employee and the testing laboratory employee shall initial each sample container.

(f) The testing laboratory employee shall provide a receipt for the collected samples to the cannabis business employee.

(g) The cannabis business employee shall record the samples removed from a batch or lot in the inventory record for the batch or lot.

(h) The testing laboratory employee shall transfer the representative retention samples to the cannabis business employee, who shall store them pursuant to N.J.A.C. 17:30-19.5.

(i) The testing laboratory employee shall securely transport any usable cannabis and cannabis product representative initial samples in a secure lockbox.

1. The testing laboratory employee shall not leave cannabis or cannabis products in an unattended transfer vehicle, unless the vehicle is locked and equipped with an active vehicle alarm system.

2. The testing laboratory employee engaged in a transfer of cannabis or cannabis products shall have access to a secure form of communication with the testing laboratory, such as a cellular telephone, at all times that the testing laboratory employee is in possession of cannabis or cannabis products for transfer.

3. The testing laboratory employee shall carry a copy of their Cannabis Business Identification Card when performing a transfer and shall produce it upon request of Commission staff or law enforcement officials.

4. The transfer vehicle shall be equipped with a secure lockbox in a secured cargo area, which shall be used for the sanitary and secure transport of cannabis or cannabis products.

5. The testing laboratory shall maintain current hired and non-owned automobile liability insurance sufficient to insure all transfer vehicles in the amount of not less than one million dollars per occurrence or accident.

6. The testing laboratory shall ensure that transfer vehicles used to transport cannabis or cannabis products bear no markings that would either identify or indicate that the vehicle is used to transport cannabis.

7. The testing laboratory shall ensure that transfers are completed in a timely and efficient manner. While performing transfers of cannabis or cannabis products, the testing laboratory employee shall travel only from the premises of the cannabis business to the testing laboratory. The testing laboratory employee shall not deviate from the route described in this paragraph, except in the event of emergency, or as necessary, for rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route or operation of the vehicle unsafe, impossible, or impracticable.

8. The testing laboratory shall report any vehicle accidents, diversions, losses, or other reportable events that occur during transfer to the Commission within seven days.

(j) At the testing laboratory, a testing laboratory employee shall record the receipt of the samples, including the following:

1. Name and contact information for the cannabis business or individual who provided the samples;

2. Description of cannabis or cannabis product;

3. Batch or lot number;

4. Unique sample identifier;

5. Quantity of sample by net and gross weight or volume during sample collection;

6. Date and time of receipt of sample;

7. Testing laboratory employee who collected the sample;

8. Cannabis business employee who observed sample collection;

9. Testing laboratory employee who received sample; and

10. Quantity of sample by gross weight during sample receipt.

N.J. Admin. Code § 17:30-19.3

Recodified from 17:30-16.3 by 55 N.J.R. 402(a), effective 3/6/2023