Section R. 420.112 - Safety compliance facility license; exception for industrial hempRule 12.
(1) In addition to transfer and testing as authorized in section 203 of the MMFLA, MCL 333.27203, a safety compliance facility license authorizes the safety compliance facility to do all of the following without using a secure transporter:(a) Take marihuana from, test marihuana for, and return marihuana to only a marihuana facility.(b) Collect a random sample of marihuana at the marihuana facility of a grower, processor, or provisioning center for testing.(2) A safety compliance facility must be accredited by an entity approved by the agency by 1 year after the date the license is issued or have previously provided drug testing services to this state or this state's court system and be a vendor in good standing in regard to those services. The agency may grant a variance from this requirement upon a finding that the variance is necessary to protect and preserve the public health, safety, or welfare.(3) A safety compliance facility that has not achieved accreditation as required by subrule (2) of this rule may not perform safety compliance testing or research and development testing for a licensed marihuana facility and may not charge or collect any fee for testing performed until compliance with subrule (2) of this rule is demonstrated to the agency.(4) To be eligible for a safety compliance facility license, the applicant, and each investor with any interest in the safety compliance facility must not have an interest in a grower, secure transporter, processor, or provisioning center.(5) A safety compliance facility shall comply with all of the following:(a) Perform tests to certify that marihuana is reasonably free from chemical residues such as fungicides and insecticides.(b) Use validated methods for all testing required by the agency.(c) Perform tests that determine whether marihuana complies with the standards the agency establishes.(d) Perform additional tests necessary to determine compliance with any other good manufacturing practices as prescribed in these rules.(e) Accurately enter all transactions, current inventory, and other information into the statewide monitoring system as required in the MMFLA, these rules, and the marihuana tracking act.(f) Have a secured laboratory space that cannot be accessed by the general public.(g) Retain and employ at least 1 laboratory manager with a relevant advanced degree in a medical or laboratory science. A laboratory manager is responsible for the following duties, including, but not limited to: (i) Ensure tests are conducted in accordance with R 420.305.(ii) Ensure test results are accurate and valid.(iii) Oversee day-to-day operations.(iv) Validate reporting requirements in the statewide monitoring system.(6) A safety compliance facility is not prohibited from taking or receiving industrial hemp for testing purposes and testing the industrial hemp pursuant to the industrial hemp research and development act.Mich. Admin. Code R. 420.112
2020 AACS; 2022 MR 5, Eff. 3/7/2022