Current through 2024-51, December 18, 2024
Section 691-40-1 - Sampling(1)Samples for Mandatory Testing or Research and Development.(A)Authorized Collection of Samples. In accordance with 28-B MRS §§604 and 604-A, all samples for mandatory testing under this rule must be collected by: (1) An employee of the testing facility;(2) A licensed sample collector; or(3) A self-sampling licensee, collecting samples of cannabis, or cannabis products cultivated, manufactured, or otherwise produced by that licensee in compliance with all requirements of the rules governing the adult use cannabis program.(B)Collection by Cannabis Testing Facilities or Sample Collectors. An employee of a cannabis testing facility or a sample collector must collect samples of cannabis or cannabis products in compliance with: (1) Sample collection, transport, and receipt recordkeeping requirements;(2) The Department-required sampling standard operating procedures;(3) The Department-required Best Practices Guide;(4) The requirements and restrictions of 28-B MRS §604; and(5) The rules governing the adult use cannabis program.(C)Collection by Self-Sampling Licensees. A self-sampling licensee may collect samples of cannabis or cannabis products cultivated, manufactured, or otherwise produced or sold by that licensee if the licensee has submitted all required documentation to the Department and in compliance with: (1) Sample collection, transport, and receipt recordkeeping requirements;(2) The Department-required sampling standard operating procedures;(3) The Department-required Best Practices Guide;(4) The requirements and restrictions of 28-B MRS §604-A; and(5) The rules governing the adult use cannabis program.(D)Required Documentation and Record Keeping. A cannabis cultivation, manufacturing, or cannabis store licensee requesting testing by a cannabis testing facility must indicate in its request for testing, in writing, prior to the collection of the samples for testing, whether the requested testing is for mandatory testing purposes as required by the rules governing the adult use cannabis program, or for research and development purposes. (1) Pursuant to 28-B MRS §602(2), a licensee must maintain a record of all mandatory testing conducted at the request of the licensee that includes at a minimum: (a) A description of the cannabis, cannabis concentrate, or cannabis product submitted for mandatory testing;(b) The identity of the testing facility conducting the mandatory testing; and(c) The results of any and all mandatory testing conducted at the request of the licensee.18-691 C.M.R. ch. 40, § 1