W. Va. Code R. § 64-111-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-111-12 - Test results and reporting

12.1. Only the results of the following tests are in compliance with the testing requirements of this rule:

12.1.a. Tests conducted on harvest batch samples or harvest lot samples requested by a grower/processor under section 10 of this rule and identified and collected by an employee of an approved laboratory.

12.1.b. Tests conducted on process lot samples requested by a grower/processor under section 10 of this rule and identified and collected by either an employee of a grower/processor or an employee of an approved laboratory.

12.2. The test results for each sample must be entered into the electronic tracking system and must only be accessible to the grower/processor submitting the sample and to the bureau.

12.3. If a sample fails any test required under section 10 of this rule, the following apply to the sample:

12.3.a. The approved laboratory that performed the initial test may re-test the sample upon a request from the grower/processor in accordance with subsection 12.4. of this rule.

12.3.b. If the sample passes the re-test, another approved laboratory must sample the same harvest batch, harvest lot or process lot to confirm the passing test result.

12.3.c. If the bureau does not agree to accept the results from the approved laboratory, the sample must be disposed of by the approved laboratory under 64CSR110.22 (Management and disposal of medical cannabis waste).

12.4. A grower/processor must notify the bureau and the approved laboratory through the electronic tracking system of its intent to re-test the sample or test another sample from the same harvest batch, harvest lot, or process lot that failed a test.

12.5. An approved laboratory must issue to a grower/processor a certificate of analysis, including the supporting data, for each harvest batch, harvest lot, or process lot sample that was tested at the request of the grower/processor. The certificate of analysis must include:

12.5.a. Whether the chemical profile of the harvest batch, harvest lot, or process lot conforms to the chemical profile of the strain as determined by the bureau for the following compounds:

12.5.a.1. Tetrahydrocannabinol (THC).

12.5.a.2. Tetrahydrocannabinol acid (THCA).

12.5.a.3. Tetrahydrocannabivarin (THCV).

12.5.a.4. Cannabidiol (CBD).

12.5.a.5. Cannabinadiolic acid (CBDA).

12.5.a.6. Cannabidivarine (CBDV).

12.5.a.7. Cannabinol (CBN).

12.5.a.8. Cannabigerol (CBG).

12.5.a.9. Cannabichromene (CBC).

12.5.a.10. Any other cannabinoid component at 0.1percent.

12.5.b. That the presence of the following contaminants within the harvest batch, harvest lot, or process lot does not exceed the levels as determined by the bureau for the following:

12.5.b.1. Heavy metals, mercury, lead, cadmium or arsenic.

12.5.b.2. Foreign material such as hair, insects, or any similar or related adulterant.

12.5.b.3. Any microbiological impurity, including:

12.5.b.3.A. Total aerobic microbial count.

12.5.b.3.B. Total yeast mold count.

12.5.b.3.C. P. aeruginosa.

12.5.b.3.D. Aspergillus spp.

12.5.b.3.E. S. aureus.

12.5.b.3.F. Aflatoxin B1, B2, G1 and G2.

12.5.b.3.G. Ochratoxin A.

12.5.b.3.H. Pesticide residue.

12.5.b.4. Whether the harvest batch, harvest lot or process lot is within the specification for the strain for the characteristics of:

12.5.b.4.A. Odor.

12.5.b.4.B. Appearance.

12.5.b.4.C. Fineness.

12.5.b.4.D. Moisture content.

W. Va. Code R. § 64-111-12