N.Y. Comp. Codes R. & Regs. tit. 9 § 130.19

Current through Register Vol. 46, No. 25, June 18, 2024

Section 130.19 - Laboratory Sampling Firm Requirements

(a) A laboratory sampling firm may only employ persons who are twenty-one (21) years of age or older.

(b) A laboratory sampling firm shall train all sampling and transportation employees on appropriate sampling and transportation procedures, and such training shall be documented.

(c) A laboratory sampling firm shall require all sampling and transportation employees to complete data integrity training upon hire and annually thereafter, and evidence that such training was performed for a sampling and transportation employee shall be documented and available upon request.

(d) An employee of a laboratory sampling firm shall carry a copy of the firm's approval and the copy shall, upon request, be provided to any person requesting the services of a laboratory sampling firm.

(e) A laboratory sampling firm shall conduct all sampling as set forth in this Part.

(f) A shipping manifest shall accompany every transport of cannabis product or medical cannabis and any other intermediates or forms from a registered organization, cultivator, processor, cooperative, microbusiness, or any other person licensed pursuant to the Cannabis Law or authorized to cultivate or process medical cannabis or adult-use cannabis pursuant to the Cannabis Law.

(g) While transporting cannabis product or medical cannabis and any other intermediates or forms, a laboratory sampling firm shall ensure the cannabis product or medical cannabis and any other intermediates or forms are not visible to and secure from the public:

(1) The cannabis product or medical cannabis and any other intermediates or forms shall be locked in a fully enclosed box, container, or cage that is secured to the inside of the vehicle or trailer. No portion of the enclosed box, container, or cage shall be comprised of any part of the body of the vehicle or trailer. For the purposes of this section, the inside of the vehicle includes the trunk.

(2) A vehicle and trailer transporting cannabis product or medical cannabis and any other intermediates or forms shall while left unattended be locked and secured.

(3) A vehicle or trailer containing cannabis product or medical cannabis and any other intermediates or forms shall not be left unattended in a residential area or parked overnight in a residential area.

(4) An employee of a laboratory sampling firm shall ensure that any vehicle or trailer used by the firm for transporting cannabis product or medical cannabis and any other intermediates or forms has a functioning alarm system.

(5) An employee of a laboratory sampling firm shall ensure that packages or containers holding cannabis product or medical cannabis and any other intermediates or forms are neither tampered with, nor opened during transport.

(6) An employee of a laboratory sampling firm, who is transporting cannabis product or medical cannabis and any other intermediates or forms shall only travel between the licensed premises and a cannabis laboratory, conducting testing.

(7) An employee of a laboratory sampling firm shall not deviate from the travel requirements described in this section, except for necessary rest, fuel, or vehicle repair stops.

(8) An employee of a laboratory sampling firm may transport multiple cannabis product or medical cannabis and any other intermediates or forms obtained from multiple licensees at once.

(9) An employee of a laboratory sampling firm shall preserve the integrity of the cannabis product or medical cannabis and any other intermediates or forms during transport by maintaining environmental conditions that would not impact the cannabis product or medical cannabis, and any other intermediates or forms, including but not limited to, avoiding temperature and humidity extremes.

(10) Vehicles or trailers transporting cannabis product or medical cannabis and any other intermediates or forms are subject to inspection by the Office at any licensed premises or during transport at any time.

(11) No person under the age of twenty-one (21) years old shall be in a vehicle or trailer transporting cannabis product or medical cannabis and any other intermediates or forms.

(12) Only employees of a laboratory sampling firm shall be in any vehicle containing cannabis product or medical cannabis and any other intermediates or forms while being transported.

(h) Upon request, a laboratory sampling firm shall provide, at a minimum, the following transport vehicle information to the Office:

(1) A certificate of ownership or registration card issued by New York State Department of Motor Vehicles for a vehicle used to transport cannabis product or medical cannabis and any other intermediates or forms;

(2) The year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for a vehicle or trailer used to transport cannabis product or medical cannabis and any other intermediates or forms; and

(3) Proof of insurance for a vehicle used to transport cannabis product or medical cannabis and any other intermediates or forms.

(i) A laboratory sampling firm shall provide the Office with the information required by this section in writing for any new vehicle or trailer that will be used to transport cannabis product or medical cannabis and any other intermediates or forms prior to using the vehicle or trailer.

(j) A laboratory sampling firm's approval to conduct sampling and transportation shall be deemed retracted immediately upon a significant change in the sampling process or procedure, change in employees who perform sampling and transportation and change in vehicles used in transportation. However, provided a re-application has been made in writing to the Office within thirty (30) calendar days of the change, the Office may reinstate the firm's approval for a period not to exceed ninety (90) calendar days after any change in the sampling and transportation process or procedure.

(k) Laboratory Sampling Firm Requirements regarding direct or indirect interest.

(1) A laboratory sampling firm and its true parties of interest may have an interest in more than one cannabis laboratory and/or sampling firm if they are:

(i) a passive investor, provided that such passive investor complies with all other ownership, control and interests requirements and prohibitions of the Cannabis Law and this Chapter; or

(ii) a landlord, financier, or management services agreement provider to another cannabis laboratory or laboratory sampling firm, providing that such cannabis laboratory or sampling firm and its true parties of interests do not exceed authorized true party of interest limits.

(2) Notwithstanding the foregoing, neither a laboratory sampling firm nor its true parties of interest shall have any interest, direct or indirect, including, but not limited to, as a passive investor, landlord, financier or management service provider, to any other license under Article III or Article IV of Cannabis Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 130.19

Adopted New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023