Section 10711 - Inspection, Testing, and Reporting(a) A certified operation shall make all agricultural inputs, cannabis waste or cannabis that is to be sold, labeled, or represented as OCal accessible for examination and sampling by the department or the certified operation's registered certifying agent.(b) The department or the registered certifying agent may require preharvest or postharvest testing of any agricultural input used, cannabis waste, or cannabis that is to be sold, labeled, or represented as OCal when there is reason to believe the agricultural input or cannabis has come into contact with a prohibited substance or has been produced using excluded methods. Samples collected and tested may include soil, water, cannabis waste, seeds, plant tissue, and whole plants. Such tests shall be conducted by the department or the registered certifying agent at the department's or the registered certifying agent's own expense.(c) The registered certifying agent shall conduct periodic residue testing of cannabis waste and pre- and post-harvest cannabis that is to be sold, labeled, or represented as OCal. Samples collected and tested may include soil, water, cannabis waste, seeds, plant tissue, and whole plants. Such tests shall be conducted by the registered certifying agent at the registered certifying agent's own expense.(d) The registered certifying agent shall, on an annual basis, sample and test from a minimum of 5 percent of the operations it certifies, rounded to the nearest whole number. The registered certifying agent that certifies fewer than 30 operations on an annual basis shall sample and test from at least one operation annually.(e) Sample collection in accordance with this section shall be performed by a representative of the department or the registered certifying agent. Sample integrity shall be maintained throughout the chain of custody.(f) Testing shall be performed by the Department of Food and Agriculture Center for Analytical Chemistry or a laboratory located in California that is a California commercial cannabis licensee or is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and approved by the department.(g) When testing detects prohibited substances, the registered certifying agent shall investigate to determine the cause of the prohibited substance.(h) A certified operation must provide its registered certifying agent with a copy of the Certificate of Analysis (COA) for any batch tested, pursuant to section 26100 of the Business and Professions Code, that is destroyed within three business days after notification of destruction. If the batch was held or destroyed due to residue from prohibited substances, the registered certifying agent shall investigate pursuant to section 10702 of this chapter.(i) Results of all analyses and tests performed under this chapter will be available for public access unless the testing is part of a compliance investigation or action. Results may be reviewed as part of a department audit pursuant to section 10412 of this chapter.Cal. Code Regs. Tit. 3, § 10711
1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29). Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.
1. New section filed 7-14-2021; operative 7/14/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).