N.Y. Comp. Codes R. & Regs. tit. 9 § 130.7

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

Section 130.7 - General Cannabis Laboratory Requirements

(a) A cannabis laboratory shall maintain ISO/IEC 17025 accreditation, or an accreditation that is based on ISO/IEC 17025 accreditation by any other laboratory accreditation authority approved by the Office.

(b) A cannabis laboratory shall participate in proficiency tests, if offered by an ISO/IEC 17043 approved proficiency test provider, at a frequency specified under this Part and have successfully passed two (2) out of the most recent three (3) proficiency tests as part of the permit requirements.

(c) A cannabis laboratory shall undergo a periodic laboratory regulatory audit by the Office as specified under this Part and provide any or all records associated with its ISO/IEC 17025 accreditation, or an accreditation that is based on ISO/IEC 17025 accreditation by any other laboratory accreditation authority approved by the Office.

(d) A cannabis laboratory shall employ qualified staff as set forth in this Part.

(e) Cannabis Laboratory Requirements regarding direct or indirect interest.

(1) A cannabis laboratory 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 and its true parties of interests do not exceed authorized true party of interest limits.

(2) Notwithstanding the foregoing, neither a cannabis laboratory 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.

(f) A cannabis laboratory shall have a continuing duty to disclose material changes in the information provided as required in this Part. Any changes to among other things, ownership, major instrumentation, technical direction, and location shall be subject to the requirements as set forth in this Title.

(g) A cannabis laboratory shall dedicate a percentage, as determined by the Board, of its testing capacity to licensees that are businesses with limited resources as determined by the Office, and to registered organizations for medical cannabis product testing pursuant to the requirements set forth in this Title.

(h) A cannabis laboratory shall offer to businesses with limited resources as determined by the Office, terms and conditions for its services, including but not limited to pricing and priority of testing, that are at least as favorable as the terms and conditions granted by the cannabis laboratory to any other licensee or registered organization.

(i) A cannabis laboratory shall track and dispose of any quantity of cannabis product that is not consumed in samples used for testing. Disposal of cannabis shall mean that the cannabis has been rendered unrecoverable and beyond reclamation.

(j) Upon finding by the Board that the existing cannabis laboratory or cannabis sampling firm capacity is insufficient to meet the testing needs of the cannabis products manufactured, the Board may authorize the Office to take additional temporary emergency measures to reduce demand for laboratory testing services or increase laboratory testing supply to meet such needs.

(k) Notwithstanding subdivision (g) of this section, and to the extent practicable for efficient operations of the laboratory, all cannabis laboratories must test samples in the order they were received.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 130.7

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