Current through Register Vol. 56, No. 18, September 16, 2024
(a) Upon request of a cannabis business when
a batch or lot is ready for testing, a testing laboratory employee shall
initiate a sample collection for all applicable tests before packaging:
1. After usable cannabis is in its final
usable form, including placement of usable cannabis in a pre-roll, ready to be
manufactured into a cannabis product, or ready to be distributed for personal
use; or
2. After a cannabis product
is in its final processed form, including placement of vaporized formulation in
its electronic smoking device or oil in its pressurized metered dose inhaler,
or ready to be distributed for personal use.
(b) A testing laboratory employee shall
collect a representative initial sample and a representative retention sample
from each batch of usable cannabis from a cannabis business that cultivates and
from each lot of cannabis products from a cannabis business that manufactures
according to a statistically valid sampling method.
1. A cannabis business employee shall be
physically present to observe the testing laboratory employee collect any
sample.
2. The cannabis business
employee shall not touch the usable cannabis, cannabis product, or the sampling
equipment while the testing laboratory employee is collecting the
samples.
3. The testing laboratory
employee shall collect a representative initial sample and a representative
retention sample of each batch or lot by removing increment samples of material
or units from throughout the container(s) in the batch or lot in the manner
required at (b)3i and ii below.
i. Where
appropriate for the purpose of the sample and the nature of the material being
sampled, sample portions are removed from the top, middle, and bottom of
containers.
ii. Containers from
which samples have been taken shall be marked to indicate that samples have
been removed from them.
4. A representative initial sample of usable
cannabis shall be.5 percent of a batch or lot, with the following increment
sample amounts:
i. Less than or equal to 10
pounds of usable cannabis, five increment samples;
ii. 10.1-20 pounds of usable cannabis, 10
increment samples;
iii. 20.1-30
pounds of usable cannabis, 15 increment samples;
iv. 30.1-40 pounds of usable cannabis, 20
increment samples;
v. 40.1-50
pounds of usable cannabis, 25 increment samples; and
vi. 50.1-100 pounds of usable cannabis, 30
increment samples.
5. A
representative initial sample of non-homogenizable cannabis product shall be:
i. 50 or less total units, two increment
units;
ii. 51-150 total units,
three increment units;
iii. 151-500
total units, five increment units;
iv. 501-1,200 total units, eight increment
units;
v. 1,201-3,200 total units,
16 increment units;
vi.
3,201-10,000 total units, 40 increment units; and
vii. 10,001-35,000 total units, 125 increment
units.
6. A
representative retention sample shall be two times the amounts listed for
representative initial samples of a batch or lot at (b)4 and 5 above.
7. When collecting representative samples,
the testing laboratory employee shall:
i.
Clean, open, sample, and reseal the containers in a manner designed to prevent
introduction of contaminants; and
ii. Use sterile equipment and aseptic
sampling techniques when necessary.
(c) After completing sample collection, the
testing laboratory employee shall place the cannabis business license number
and affix a label with a description and the quantity of the content on each
sample container.
(d) The testing
laboratory employee shall seal each sample container.
(e) The cannabis business employee and the
testing laboratory employee shall initial each sample container.
(f) The testing laboratory employee shall
provide a receipt for the collected samples to the cannabis business
employee.
(g) The cannabis business
employee shall record the samples removed from a batch or lot in the inventory
record for the batch or lot.
(h)
The testing laboratory employee shall transfer the representative retention
samples to the cannabis business employee, who shall store them pursuant to
N.J.A.C.
17:30-19.5.
(i) The testing laboratory employee shall
securely transport any usable cannabis and cannabis product representative
initial samples in a secure lockbox.
1. The
testing laboratory employee shall not leave cannabis or cannabis products in an
unattended transfer vehicle, unless the vehicle is locked and equipped with an
active vehicle alarm system.
2. The
testing laboratory employee engaged in a transfer of cannabis or cannabis
products shall have access to a secure form of communication with the testing
laboratory, such as a cellular telephone, at all times that the testing
laboratory employee is in possession of cannabis or cannabis products for
transfer.
3. The testing laboratory
employee shall carry a copy of their Cannabis Business Identification Card when
performing a transfer and shall produce it upon request of Commission staff or
law enforcement officials.
4. The
transfer vehicle shall be equipped with a secure lockbox in a secured cargo
area, which shall be used for the sanitary and secure transport of cannabis or
cannabis products.
5. The testing
laboratory shall maintain current hired and non-owned automobile liability
insurance sufficient to insure all transfer vehicles in the amount of not less
than one million dollars per occurrence or accident.
6. The testing laboratory shall ensure that
transfer vehicles used to transport cannabis or cannabis products bear no
markings that would either identify or indicate that the vehicle is used to
transport cannabis.
7. The testing
laboratory shall ensure that transfers are completed in a timely and efficient
manner. While performing transfers of cannabis or cannabis products, the
testing laboratory employee shall travel only from the premises of the cannabis
business to the testing laboratory. The testing laboratory employee shall not
deviate from the route described in this paragraph, except in the event of
emergency, or as necessary, for rest, fuel, or vehicle repair stops, or because
road conditions make continued use of the route or operation of the vehicle
unsafe, impossible, or impracticable.
8. The testing laboratory shall report any
vehicle accidents, diversions, losses, or other reportable events that occur
during transfer to the Commission within seven days.
(j) At the testing laboratory, a testing
laboratory employee shall record the receipt of the samples, including the
following:
1. Name and contact information for
the cannabis business or individual who provided the samples;
2. Description of cannabis or cannabis
product;
3. Batch or lot
number;
4. Unique sample
identifier;
5. Quantity of sample
by net and gross weight or volume during sample collection;
6. Date and time of receipt of
sample;
7. Testing laboratory
employee who collected the sample;
8. Cannabis business employee who observed
sample collection;
9. Testing
laboratory employee who received sample; and
10. Quantity of sample by gross weight during
sample receipt.
