N.Y. Comp. Codes R. & Regs. tit. 9 § 130.5

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

Section 130.5 - Cannabis Laboratory Permit Issuance

(a) An applicant for a cannabis laboratory permit may be granted a provisional permit for a period not to exceed twelve (12) months, provided it has:

(1) obtained ISO/IEC 17025 accreditation, or accreditation that is based on ISO/IEC 17025 accreditation by any other laboratory accreditation authority approved by the Office;

(2) satisfied the technical direction staff requirements as set forth in Sections 130.11 - 130.14 of this Part;

(3) satisfied proficiency test requirements;

(4) satisfied all fee requirements; and

(5) satisfied any other requirements for approval pursuant to this Part other than completion of a laboratory regulatory audit.

(b) A cannabis laboratory with a provisional permit shall be granted final approval for an analyte or group of analytes for which it seeks approval provided:

(1) the results of a laboratory regulatory audit confirm compliance with the staffing, methodological and other requirements of this Part; and

(2) the cannabis laboratory demonstrates effective implementation of its quality system for:

(i) planning and assessing the work it performs, and

(ii) conducting required quality assurance and quality control procedures to promote and maintain the accuracy and reliability of test results.

(c) A cannabis laboratory permit shall set forth the nature of the permit (provisional or final); an analyte or group of analytes that a cannabis laboratory is authorized to examine and identify; the approved testing methods; the name of the laboratory's technical director(s), including lead technical director if there is more than one; and the expiration date of the permit, which shall be March 31 of the permit year.

(d) A cannabis laboratory may make additions to its permit, adding an analyte or group of analytes for which approval is sought and will be required to submit an application and pay a fee for such addition.

(e) A cannabis laboratory permit and any appendices shall be posted conspicuously in a cannabis laboratory and on its website, and a copy shall, upon request, be provided by a cannabis laboratory to any person requesting the services of a cannabis laboratory.

(f) A cannabis laboratory permit shall be effective only for a cannabis laboratory to which it was issued.

(g) A cannabis laboratory permit is not transferable or assignable, including, without limitation, to another cannabis laboratory.

(h) A cannabis laboratory meets the requirements of a testing laboratory as set forth in section 114.10 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 130.5

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