Ariz. Admin. Code § 9-18-402

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-18-402 - Applying for a Marijuana Testing Facility License

A. To apply for a marijuana testing facility license, an applicant that does not have a current laboratory registration certificate issued under 9 A.A.C. 17, Article 4, shall submit to the Department the following:

1. An application in a Department-provided format that includes:

a. The following information for the applicant:

i. The legal name of the proposed marijuana testing facility,

ii. Type of business organization,

iii. Arizona mailing address,

iv. Telephone number, and

v. E-mail address;

b. The physical address of the proposed marijuana testing facility;

c. The county in which the proposed marijuana testing facility is located;

d. For a business organization that is not a publicly traded corporation, the name, residence address, and date of birth of each owner;

e. For a business organization that is a publicly traded corporation, the name, residence address, and date of birth of each owner who is entitled to 10% or more of the profits of the proposed marijuana testing facility;

f. The name, residence address, and date of birth of the technical laboratory director designated according to R9-18-405(3);

g. Whether the applicant agrees to allow the Department to submit supplemental requests for information;

h. A statement that, if the applicant is issued a marijuana testing facility license, the marijuana testing facility will not begin testing marijuana pursuant to R9-18-311 until the marijuana testing facility has been inspected and issued an approval for testing by the Department;

i. An attestation that the applicant understands and will comply with the requirements in A.R.S. Title 36, Chapter 28.2 and this Chapter;

j. An attestation that the information provided to the Department to apply for a marijuana testing facility license is true and correct; and

k. The signatures of the owner of the proposed marijuana testing facility, according to R9-18-401(A), and the technical laboratory director and the date each signed;

2. Policies and procedures that comply with the requirements in this Chapter that contain:

a. Inventory control;

b. A chain of custody and sample requirement process;

c. A records retention process;

d. A secure method to transfer the portion of a sample remaining after testing to another marijuana testing facility with an approval for testing issued by the Department:

i. For testing of parameters or analytes that the marijuana testing facility receiving the sample from a marijuana establishment is not approved by the Department to conduct, or

ii. For retesting at the request of a marijuana establishment according to R9-18-311(C);

e. Security; and

f. A process for disposal of marijuana or marijuana products that are submitted to the marijuana testing facility for testing;

3. If the applicant is one of the business organizations in R9-18-401(A)(2) through (6), a copy of the business organization's articles of incorporation, articles of organization, or partnership documents that include:

a. The name of the business organization,

b. The type of business organization, and

c. The names and titles of the individuals in R9-18-401(A);

4. For each owner:

a. The owner's marijuana facility agent license number; and

b. An attestation signed and dated by the owner that the owner does not have a direct or indirect familial or financial relationship with or interest in a dispensary, marijuana establishment, or related marijuana business entity or management company;

5. A statement, in a Department-provided format, signed and dated within 60 calendar days before the date of the application by a representative of the local jurisdiction:

a. Certifying that the proposed marijuana testing facility is in compliance with any local zoning restrictions; and

b. Including:

i. Information identifying the local jurisdiction and the local jurisdiction's representative,

ii. The legal name of the proposed marijuana testing facility, and

iii. The physical address of the proposed marijuana testing facility as specified according to subsection (A)(1)(b);

6. A copy of documentation issued by the local jurisdiction to the applicant authorizing occupancy of the building as a marijuana testing facility, such as a certificate of occupancy, a special use permit, or a conditional use permit;

7. A site plan drawn to scale of the location of the proposed marijuana testing facility showing streets, property lines of the contiguous premises, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains;

8. A building plan drawn to scale of the building where the proposed marijuana testing facility is located showing the:

a. Layout and dimensions of each room;

b. Name and function of each room;

c. Fire ratings of the materials used for ceilings, walls, doors, and floors of rooms used to store flammable substances;

d. Location of each fire protection device;

e. Layout of heating, air conditioning, exhaust, and ventilation systems;

f. Location and layout of refrigerated rooms or freezer rooms;

g. Location of each sink, safety shower, other water supply, or plumbing fixture;

h. Location of fixed or movable equipment and instruments that require dedicated electrical, water, vacuum, gas, or other building systems;

i. Location of security measures or equipment to protect from diversion of marijuana or marijuana products; and

j. Means of egress;

9. Documentation of accreditation of the location specified according to subsection (A)(1)(b) for which the applicant is applying for a marijuana testing facility license;

10. The applicant's Transaction Privilege Tax Number issued by the Arizona Department of Revenue, if applicable; and

11. The fee in R9-18-102 for applying for a marijuana testing facility license.

B. An entity holding a valid laboratory registration certificate issued by the Department under 9 A.A.C. 17, Article 4, may apply for an initial marijuana testing facility license by electronically submitting to the Department, in a Department-provided format:

1. An attestation from each owner listed according to subsection (A)(1)(d) approving the application for a marijuana testing facility license;

2. The license number on the applicant's laboratory registration certificate; and

3. The applicable fee in R9-18-102 for applying for a marijuana testing facility license.

C. A change in location of the marijuana testing facility's physical address or ownership requires a new application to be submitted according to subsection (A).

D. A separate marijuana testing facility license is required for each noncontiguous portion of a marijuana testing facility.

E. A marijuana testing facility license is valid for two years after the original date of issuance.

Ariz. Admin. Code § R9-18-402

Adopted by exempt rulemaking at 27 A.A.R. 696, effective 5/1/2021. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.