Current through Register Vol. 35, No. 11, June 11, 2024
Section 7.34.4.12 - DEPARTMENT TESTING; QUALITY ASSURANCE; RANDOMIZED TESTING; COMPLAINT PROCEDUREA.Quality assurance testing by the department: The department may within its discretion conduct quality assurance sampling and testing of usable cannabis, and may require a producer or a manufacturer to provide samples of usable cannabis for this purpose. The department may additionally adopt and enforce a randomized testing schedule for the sampling and testing of usable cannabis. The department may prohibit the sale or distribution of usable cannabis that is determined by the department to contain prohibited levels of contaminants, or that is found to have been improperly tested, or may require remediation of such usable cannabis that is consistent with the remediation standards of this rule.B.Complaints: If the department or its designee receives a complaint regarding the presence of mold, bacteria, or another contaminant in usable cannabis produced by a non-profit producer, a manufacturer, or patient who holds a personal production license, or if the department or its designee has reason to believe that the presence of bacteria physical, microbiological, chemical, or other contaminant may jeopardize the health of a patient, the department or its designee may conduct an unannounced visit to the producer or manufacturer and may require the producer or manufacturer to provide samples of medical cannabis for testing by the department. Producers and manufacturers shall bear the cost of any testing required by the department.C.Department sampling and testing requirements: Medical cannabis program employees and their designees may possess medical cannabis samples for the sole purposes of testing or transport to a testing facility. The department or its designee shall comply with the following testing requirements:(1) the department or its designee shall maintain chain of custody documentation for any medical cannabis samples taken;(2) a written receipt shall be given to the producer or manufacturer for all testing samples;(3) all testing samples shall be placed into a sealed container and clearly labeled;(4) all testing samples shall be tested by the department or a designated testing facility; and(5) the quantity of cannabis that is gathered by the department from a producer or manufacturer for testing purposes shall not exceed the applicable sample sizes identified in Table 7.7.34.4.12 NMAC - Rp, 7.34.4.10 NMAC, 12/30/2010, Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015, Adopted by New Mexico Register, Volume XXXI, Issue 12, June 23, 2020, eff. 6/23/2020