Section R66-3-3 - Required Cannabis, Cannabis Product, and Cannabinoid Isolate Tests(1) Before the transfer of cannabis biomass from a cannabis cultivation facility to a cannabis processing facility, the cultivation facility shall make a declaration to the department that the biomass to be transferred is either a cannabis plant product or a cannabis cultivation byproduct.(2) A representative sample of each batch or lot of cannabis plant product shall be tested by an independent cannabis testing laboratory to determine: (a) the water activity of the sample;(b) the amount of total THC, total CBD, and any THC analog know to be present in the sample; and(c) the presence of adulterants in the sample, as specified in Table 1.(3) Required testing shall be performed either:(a) before the transfer of the cannabis plant product to a cannabis processing facility; or(b) following the transfer of the cannabis plant product to a cannabis processing facility.(4) If cannabis plant product is tested before being transferred to a cannabis processing facility, the cannabis plant product shall be tested for microbial contaminants and foreign matter a second time following the transfer.(5) Cannabis cultivation byproduct shall either be: (a) chemically or physically processed to produce a cannabis concentrate for incorporation into cannabis derivative product; or(b) destroyed pursuant to Section 4-41a-405.(6) Cannabis concentrate shall be tested by an independent cannabis testing laboratory before it is incorporated into a cannabis derivative product to determine:(a) the cannabinoid profile; and(b) the presence of adulterants in the sample, as specified in Table 1.(7) A medical cannabis processor shall isolate any artificially derived cannabinoids present in the cannabis concentrate to a purity of greater than 95%, with a 5% margin of error, as determined by an independent cannabis testing laboratory using liquid chromatography-mass spectroscopy or an equivalent method.(8) Before the transfer of a cannabis product to a medical cannabis pharmacy an independent cannabis testing laboratory shall test a representative sample of the product to determine: (a) the water activity of the sample, as determined applicable by the department;(b) the quantity of any cannabinoid or terpene to be listed on the product label; and(c) the presence of adulterants in the sample, as specified in Table 1.(9) Testing results for cannabis concentrate may be applied to cannabis product derived therefrom, provided that the processing steps used to produce the product are unlikely to change the results of the test, as determined by the department.(10) The department may require mycotoxin testing of a cannabis plant product or cannabis product if they have reason to believe that mycotoxins may be present.(11) Mycotoxin testing shall be required for cannabis concentrate.(12) A cannabis processing facility may remediate a cannabis plant product, cannabis concentrate, or cannabis product that fails any of the required adulterant testing standards after submitting and gaining approval for a remediation plan from the department.(13) A remediation plan shall be submitted to the department within 15 days of the receipt of a failed testing result.(14) A remediation plan shall be carried out and the cannabis plant product or cannabis concentrate shall be prepared for resampling within 60 days of department approval of the remediation plan.(15) Resampling or retesting of a cannabis lot or batch that fails any of the required testing standards is not allowed until the lot or batch has been remediated.(16) A cannabis lot or cannabis product batch that is not or cannot be remediated in the specified time shall be destroyed pursuant to Section 4-41a-405.(17) If test results cannot be retained in the Inventory Control System, the laboratory shall:(a) keep a record of test results;(b) issue a COA for required tests; and(c) keep a copy of the COA on the laboratory premises.(18) Cannabinoid isolate shall be tested for: (19) Cannabinoid isolate shall be accompanied by a COA that complies with the standards included in Section R66-3-5 through Section R66-3-12.(20) Cannabinoid isolate shall receive cannabinoid testing from an independent cannabis testing laboratory before being used to create a cannabis derivative product. TABLE 1 Required Test by Sample Type |
Te st | Cannabis Plant Product | Cannabis Concentrate | Cannabis Product |
Moisture Content | Required | X | X |
Water Activity | Required | X | X |
Foreign Matter | Required | Required | Required |
Potency | Required | Required | Required |
Microbial | Required | Required | Required |
Pesticides | Required | Required | Required |
Residual Solvents | X | Required | Required |
Heavy Metals | Required | Required | Required |
Adopted by Utah State Bulletin Number 2024-11, effective 5/28/2024Amended by Utah State Bulletin Number 2024-21, effective 10/15/2024