N.Y. Comp. Codes R. & Regs. tit. 9 § 130.21

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

Section 130.21 - Sampling of Cannabis Product and Medical Cannabis

(a) A laboratory sampling firm shall obtain a representative sample of medical cannabis or adult-use cannabis as determined by the Office for testing by a cannabis laboratory.

(b) A laboratory sampling firm shall meet the standards for sampling cannabis product batch and harvest batch as approved by the Office.

(c) An employee of 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 that has requested the sampling and testing of medical cannabis or adult-use cannabis shall be physically present to observe an employee of a laboratory sampling firm obtain the sample of cannabis product or medical cannabis and any other intermediates or forms for testing and shall ensure that the increments are taken from throughout the batch.

(d) The sampling shall be video-recorded with the batch number stated verbally or in writing on the video at the beginning of the video and a visible time and date indication on the video recording footage. The video recordings shall be maintained for at least ninety (90) calendar days by the licensee.

(e) After the sample has been selected by a laboratory sampling firm employee, both (1) the licensee requesting the sampling and testing, and (2) the laboratory sampling firm employee shall sign and date the chain of custody form as set forth in this Part, attesting to the sample selection having occurred according to the sampling process or procedure a laboratory sampling firm submitted to the Office pursuant to this Part and the requirements set forth in this Title.

(f) A registered organization, cultivator, processor, cooperative, microbusiness, or any other person licensed pursuant to the Cannabis Law or authorized to cultivate medical cannabis or adult-use cannabis pursuant to the Cannabis Law shall not assist a laboratory sampling firm employee nor touch the cannabis product or medical cannabis and any other intermediates or forms or the sampling equipment while a laboratory sampling employee is obtaining the sample.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 130.21

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