Okla. Admin. Code § 442:10-8-5

Current through Vol. 42, No. 4, November 1, 2024

Section 442:10-8-5 - Quality assurance laboratory

(a) Purpose. The Authority is authorized to operate a quality assurance laboratory or to contract with a private laboratory for the purpose of evaluating the day-to-day operations of licensed laboratories. Any such contracted laboratory is prohibited from conducting any other commercial medical marijuana testing in this state.

(b) Accreditation. The quality assurance laboratory must be accredited by or have made application for accreditation to ANSI/ASQ National Accreditation Board, American Association for Laboratory Accreditation (A2LA), Perry Johnson Laboratory Accreditation (PJLA), or any other accrediting entity using the ISO/IEC Standard 17025. Accreditation or application for accreditation must be from one of these entities in both chemistry and biology or cannabis.

(c) Duties. The Authority shall utilize the quality assurance laboratory to:

(1) Conduct Inter-Laboratory Control Testing of laboratory licensees and applicants in a manner and frequency approved by the Authority;

(2) Provide recommendations for all equipment and standards to be utilized by licensed medical marijuana testing laboratories when testing samples of medical marijuana, medical marijuana concentrate, and medical marijuana products;

(3) Provide standardized operating procedures when procuring, collecting, extracting, and testing medical marijuana, medical marijuana concentrate, and medical marijuana products;

(4) Procure, handle, transfer, transport, and test samples taken from medical marijuana licensed businesses;

(5) Implement the secret shopper program pursuant to 63 O.S. 427.25 of the Oklahoma Statutes;

(6) Detect and analyze any compounds that are not among the targeted analytes and are unknown, unidentified, tentatively identified, or known and injurious to human health if consumed; and

(7) Other actions as deemed appropriate by the Authority to ensure compliance with Oklahoma law and these Rules.

(d) In order to fulfill the duties of the quality assurance laboratory, the Authority may:

(1) Enter into interlocal agreements with any other government agency pursuant to 74 O.S. 1001 et seq of the Oklahoma Statutes;

(2) Select a laboratory information system through a competitive bidding process pursuant to 74 O.S. 85.7 of the Oklahoma Statutes; or

(3) Collect samples from harvest batches that failed testing.

(e) The quality assurance laboratory may transport and transfer medical marijuana, medical marijuana concentrate, and medical marijuana product for testing between the originating medical marijuana business, the quality assurance laboratory, and other licensed medical marijuana testing laboratories pursuant to this section.

(f) The quality assurance laboratory shall comply with the provisions of the Oklahoma Medical Marijuana and Patient Protection Act when transporting samples of medical marijuana, medical marijuana concentrate, and medical marijuana product for testing between the originating medical marijuana business, the quality assurance laboratory, and other licensed medical marijuana testing laboratories pursuant to this section.

(g) Nothing in this section shall require the quality assurance laboratory to apply for and receive a license.

(h) The Authority shall submit an annual report to the Legislature on quality assurance activities and results.

Okla. Admin. Code § 442:10-8-5

Adopted by Oklahoma Register, Volume 41, Issue 3, October 16, 2023, eff. 9/11/2023, exp. 9/14/2024 (Emergency)

Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency); Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/2023

Amended by Oklahoma Register, Volume 41, Issue 18, June 3, 2024, eff. 6/1/2024, exp. 9/14/2024 (Emergency)

Amended by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024