N.Y. Comp. Codes R. & Regs. tit. 9 § 130.8

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

Section 130.8 - Required Cannabis Proficiency Testing

(a) In connection with an application for a cannabis laboratory permit, a cannabis laboratory shall examine proficiency test samples supplied by a proficiency testing provider recognized by the Office, pursuant to this Part.

(b) Once a cannabis laboratory completes a proficiency test, a cannabis laboratory shall prepare a report for an analyte or group of analytes for which a cannabis laboratory is seeking approval and for which samples have been supplied.

(c) A cannabis laboratory shall submit the report directly to the proficiency testing provider.

(d) Upon the proficiency testing provider's review of a cannabis laboratory's report related to a proficiency test sample that a cannabis laboratory examined, a cannabis laboratory shall cause the proficiency test provider to provide the results of the proficiency test directly to the Office and in a manner and format determined by the Office.

(e) To obtain approval for a given analyte or group of analytes on its permit, a cannabis laboratory shall pass two (2) consecutive scheduled or unscheduled or supplemental proficiency tests. A cannabis laboratory may continue to attempt to obtain satisfactory performances beyond two (2) proficiency tests if the two (2) consecutive satisfactory performances are not obtained.

(f) To maintain approval for a given analyte or group of analytes on its permit, a cannabis laboratory shall attain satisfactory performance as determined by the Office, in at least two (2) of three (3) consecutive scheduled or unscheduled or supplemental proficiency test in which it has participated in an eighteen (18) month period.

(g) An unscheduled or supplemental proficiency test shall be at minimum seven (7) days from the close date of the prior scheduled or unscheduled proficiency test. An unscheduled proficiency test may also be a supplemental proficiency test that was unscheduled.

(h) At least one (1) of the satisfactory proficiency tests in which a cannabis laboratory has participated in an eighteen (18) month period must be less than six (6) months old.

(i) A proficiency test that a cannabis laboratory completes must be administered by a proficiency test provider that:

(1) is accredited by a proficiency test provider accreditor to ISO/IEC 17043;

(2) offers scheduled tests on at least a semi-annually basis, and unscheduled tests on at least a monthly basis;

(3) agrees to supply the Office with proficiency test scores in a manner and format determined by the Office; and

(4) agrees to submit any other information and documentation requested to resolve any issues concerning compliance with this Part.

(j) The Office shall make available a list of proficiency test providers and the analytes to be proficiency tested on the Office's website.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 130.8

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